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A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice.
The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against the SITE relating to the actions taken in response to the counter-notification.
Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material.
After the Designated Agent receives the counter-notification, it will re-enable access to the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.
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We therefore adopt the following Notice and Takedown Policy relating to claims of copyright infringement concerning content linked to by the SITE. Longwood, FL 32750 Fax: (407) 774-6151 Email: dmca [at] adultwebmasternet [dot] com Please do not send other inquires or information to our Designated Agent. The SITE reserves the right at any time to disable access to any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. The SITE’s DMCA Notice Procedures are set forth in the preceding paragraph.To submit a counter-notification, please provide Our Designated Copyright agent the following information: (a): a specific description of the material that was removed or disabled pursuant to the Notice; (b) a description of where the material was located within the SITE before such material was removed and/or disabled (preferably including specific url’s associated with the material); (c) a statement reflecting the Recipient's belief that the removal or disabling of access to the material was done so erroneously. Longwood, FL 327504 Fax: (407) 774-6151 dmca [at] adultwebmasternet [dot] com After receiving a DMCA-compliant counter-notification, Our Designated Copyright Agent will forward it to Us, and We will then provide the counter-notification to the claimant who first sent the original Notice identifying the allegedly infringing content.For convenience, the following format may be used: “I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.” (d) the Recipient's physical address, telephonenumber, and emailaddress; and, (e) a statement that the Recipient consents to the jurisdiction of the Federal District Court in and for the judicial district where the Recipient is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notice, or that person’s agent. Thereafter, within ten to fourteen (10-14) days of Our receipt of a counter-notification, We will cease disabling access to the disputed material provided that We or Our Designated Copyright Agent have not received notice that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the material.The SITE reserves the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.If the Recipient of a Notice of Claimed Infringement ("Notice") believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed, or access has been wrongly disabled, in accordance with the procedures outlined above, the Recipient is permitted to submit a counter-notification pursuant to Section 512(g)(2)&(3) of the DMCA.