Repeat Infringer Policy

Modified on Mon, 28 Aug 2023 at 04:21 PM

Third Iron, LLC ("Company") respects the intellectual property rights of others and expects its users to do the same.  As mandated by 17 U.S.C. 512 of the Digital Millennium Copyright Act (DMCA), this policy outlines our approach to addressing repeated instances of copyright infringement by users of our services.


1.  Identification of Repeat Infringers

Company is committed to identifying and addressing users who repeatedly infringe upon the copyrights of others. We will, in compliance with the DMCA, promptly terminate the accounts of users who are determined to be repeat infringers.


2.  Copyright Complaints and Notices

If you believe that your copyrighted work has been infringed upon and is accessible through our services, we encourage you to submit a formal DMCA notification, in compliance with the DMCA, to our registered DMCA Agent, whose contact information is reproduced below.  We take such notices seriously and will take appropriate actions, including removing or disabling access to the allegedly infringing material and, if necessary, terminating the accounts of repeat infringers.


3.  Determination of Repeat Infringement

Company will assess whether a users is a repeat infringer based on the following criteria:

  • The number of valid DMCA notices received against the user's account
  • The severity and nature of the alleged infringement
  • Any actions taken by the user to address the alleged infringements


4.  Notification and Termination Process

  • Upon receipt of a valid DMCA notice against the user's account, Company will promptly investigate the alleged infringement
  • If the user is determined to be a repeat infringer, they will receive a written notification outlining the findings and informing them of the infringing activity
  • The user will be given an opportunity to provide counter-notification by sending a DMCA Counter-Notification to our DMCA agent explaining why the challenged material is non-infringing, if they believe the determination is incorrect
  • If the user fails to provide a valid counter-notification or if they counter-notification is rejected, Company will terminate the user's account and take the appropriate measures to prevent further access to our services


5.  Appeals

Users whose accounts have been terminated due to repeat infringement have the right to appeal the decision. Our management team and DMCA Agent will attempt to address the appeal according to their discretion, which may include the coordination of a discussion between the person filing the DMCA notification and the user providing the counter-notification, with a goal of resolving the controversy informally.


6.  Contact information

For copyright-related inquiries, including DMCA notifications, counter-notifications, and appeals, please contact our designated DMCA Agent at:

 

Eric Bartsch, Esq.

General Counsel

Third Iron, LLC

P.O. Box 3219

Naples, FL  34106

Email:   legal@thirdiron.com

Phone:  (855) 649-7607, ext. 706

 

This policy is provided in accordance with the DMCA and is subject to change at our discretion. It is your responsibility to review this policy periodically for updates.