DMCA Takedown Policy
Introduction
Automate America, Inc. ("Company", "we", "us") respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), Title 17, United States Code, Section 512, we have implemented procedures for receiving and responding to notices of alleged copyright infringement on the Automate America Professional Marketplace ("Platform").
If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement on our Platform, please follow the procedures outlined below to submit a takedown notice.
1. Designated DMCA Agent
In compliance with 17 U.S.C. § 512(c)(2), the following is the designated agent to receive notifications of claimed copyright infringement on the Automate America Platform:
DMCA Designated Agent:
- Thomas D. Huycke
- Dority & Manning, Attorneys At Law, P.A.
- Two Liberty Square, 75 Beattie Place, Suite 1100
- Greenville, South Carolina 29601 USA
- Fax: (864) 233-7342
- Email: thuycke@dority-manning.com
- Subject Line: "DMCA Takedown Notice"
All DMCA notices must be submitted in writing to the designated agent listed above. Notices sent to other contacts or departments may not receive a timely response.
2. Filing a DMCA Takedown Notice
To file a valid DMCA takedown notice pursuant to 17 U.S.C. § 512(c)(3), your written notification must include all of the following elements:
- Identification of the copyrighted work — A description of the copyrighted work that you claim has been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list
- Identification of the infringing material — A description of the material you claim is infringing, including sufficient information to allow us to locate it on the Platform (e.g., URL, username, or content description)
- Your contact information — Your name, mailing address, telephone number, and email address
- Good faith statement — A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- Accuracy statement — A statement, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner
- Physical or electronic signature — A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner
Important: Knowingly filing a false or misleading DMCA takedown notice may result in liability for damages under 17 U.S.C. § 512(f), including costs and attorney's fees.
3. Counter-Notification Process
If you believe that your content was removed or disabled as a result of a mistake or misidentification, you may submit a written counter-notification to our Designated Agent. Your counter-notification must include all of the following:
- Identification of the removed material — A description of the material that was removed or disabled and the location where it appeared before removal
- Your contact information — Your name, mailing address, telephone number, and email address
- Consent to jurisdiction — A statement that you consent to the jurisdiction of the Federal District Court for the District of South Carolina, and that you will accept service of process from the person who submitted the original DMCA notice (or their agent)
- Good faith statement — A statement, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification
- Physical or electronic signature — Your physical or electronic signature
Upon receiving a valid counter-notification, we will:
- Forward the counter-notification to the original complainant
- Inform them that the removed content may be restored in 10-14 business days
- Restore the content unless the original complainant files a court action seeking to restrain the alleged infringer within that period
4. Repeat Infringer Policy
Automate America maintains a policy for the termination of accounts of repeat copyright infringers, in accordance with 17 U.S.C. § 512(i):
- First offense: The infringing content is removed and the user receives a written warning
- Second offense: The infringing content is removed and the user's account is suspended for a minimum of 30 days
- Third offense: The user's account is permanently terminated and all content is removed from the Platform
We track DMCA notices associated with each user account. Users who repeatedly or egregiously infringe copyrights will have their accounts terminated regardless of the number of prior warnings.
Automate America reserves the right to terminate any account at any time if we reasonably believe the user is a repeat infringer, even if fewer than three notices have been received.
5. Good Faith and Misrepresentation
The DMCA process must be used in good faith. We remind all parties:
For Copyright Holders:
- Only submit DMCA takedown notices for material that you genuinely believe infringes your copyright
- Consider whether the use may be protected by fair use (17 U.S.C. § 107) before filing a notice
- Knowingly filing a materially false DMCA notice may subject you to liability for damages, including costs and attorney's fees under 17 U.S.C. § 512(f)
For Users Receiving Notices:
- Only submit counter-notifications if you genuinely believe the removal was a mistake or misidentification
- False counter-notifications made under penalty of perjury may have legal consequences
- Consider seeking legal advice before submitting a counter-notification
Automate America is not in a position to adjudicate copyright disputes between parties. If a dispute cannot be resolved through the DMCA process, the parties should seek resolution through the courts.
6. How We Process DMCA Notices
Upon receiving a valid DMCA takedown notice, Automate America will:
- Review the notice for compliance with the statutory requirements of 17 U.S.C. § 512(c)(3)
- Remove or disable access to the allegedly infringing material promptly after determining the notice is valid
- Notify the user whose content was removed, providing a copy of the takedown notice and information about the counter-notification process
- Document the notice in our records for repeat infringer tracking
Timeline:
- Valid notices are processed promptly after receipt
- Incomplete notices will be returned with a request for the missing information
- Counter-notifications are forwarded to the original complainant within 1 business day of receipt
7. Limitations
This DMCA Policy applies only to claims of copyright infringement. For other intellectual property concerns:
- Trademark disputes — Contact legal@automateamerica.com with details of the alleged trademark violation
- Patent disputes — Contact legal@automateamerica.com
- Trade secret claims — Contact legal@automateamerica.com
This policy does not constitute legal advice. If you are unsure whether your rights have been infringed or whether your use of material constitutes infringement, we recommend consulting with a qualified attorney.
This DMCA Policy is governed by the laws of the United States. For questions, contact legal@automateamerica.com.
