Copyright and DMCA Policy

1. Our Position

FileBackerz.com, LLC ("FileBackerz") respects the intellectual property rights of others and expects its customers to do the same. Our Acceptable Use Policy prohibits storing or sharing infringing material.

We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"), and we terminate the accounts of repeat infringers in appropriate circumstances.

FileBackerz is a storage and sharing platform. We do not review Customer Content before it is uploaded and we do not monitor it for infringement. We act on notices we receive.

2. Designated Agent

Send notices of alleged copyright infringement to our designated agent:

Notices sent to any other address may not receive a response and will not be treated as effective notice under the DMCA. Please do not send general support questions, business enquiries, or unrelated legal correspondence to this address.

3. How to Submit a Notice of Alleged Infringement

To be effective under 17 U.S.C. § 512(c)(3), your notice must be a written communication that includes substantially all of the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed. If multiple works at a single site are covered by one notice, a representative list of those works.
• Identification of the material claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate it — for a file-sharing service this means the specific share link or URL. A general description or a link to a folder containing many files is usually not sufficient.
• Information reasonably sufficient to permit us to contact you: your name, postal address, telephone number, and email address.
• 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.
• A statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Before submitting a notice, please consider whether the use might be authorized or might qualify as fair use. Courts have held that copyright owners must consider fair use in good faith before sending a takedown notice.

A notice that does not substantially comply with the requirements above may not be effective, and we may ask you to supply the missing elements.

4. What Happens When We Receive a Valid Notice

• We will act expeditiously to remove or disable access to the material identified, which for a shared file typically means disabling the share link and restricting access to the file.
• We will take reasonable steps to notify the affected account holder that the material has been removed or disabled, and will provide them a copy of your notice, including your contact information.
• We will record the notice against the account for the purposes of our repeat infringer policy in Section 7.

Please note that we forward your notice, including your name and contact details, to the account holder. If you have a concern about that, say so in your notice and we will consider whether any redaction is possible, but we cannot guarantee it — the DMCA counter-notice process requires the account holder to be able to identify the complainant.

Removing or disabling material in response to a notice is not an admission or determination that infringement occurred.

5. Counter-Notification

If you are an account holder and you believe material of yours was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to [email protected].

To be effective under 17 U.S.C. § 512(g)(3), a counter-notification must include substantially all of the following:

• Your physical or electronic signature.
• Identification of the material that was removed or to which access was disabled, and the location at which it appeared before removal.
• A statement 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.
• Your name, postal address, and telephone number.
• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, to the jurisdiction of any judicial district in which FileBackerz may be found; and that you will accept service of process from the person who submitted the original notice or their agent.

If we receive a valid counter-notification, we will forward it to the person who submitted the original notice and inform them that we will restore the material in ten (10) business days. Unless that person notifies us within that period that they have filed an action seeking a court order to restrain the allegedly infringing activity, we will restore the material within ten (10) to fourteen (14) business days of receiving the counter-notification.

6. Misrepresentations

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, the copyright owner, or by us.

Do not make claims in a notice or counter-notification that you are not confident are accurate. We may decline to process notices from senders who have made repeated invalid or abusive claims.

7. Repeat Infringer Policy

It is our policy, in appropriate circumstances and in our sole discretion, to disable or terminate the accounts of customers and Members who are repeat infringers.

We operate the following framework, which we apply with judgement rather than mechanically:

A notice that is withdrawn, that is successfully answered by a counter-notification and not followed by a court action, or that we determine to be invalid, does not count toward this framework.

Termination under this Section is termination for cause under the Terms of Service. No refund is due, and the thirty-day export period does not apply.

8. Trademark and Other Intellectual Property Complaints

The DMCA process above applies to copyright only. For trademark complaints, or for claims relating to other intellectual property rights, write to [email protected] and include:

• Identification of the mark or right you rely on, including registration details where applicable;
• The specific share link or location of the material you object to;
• An explanation of why the use infringes your right;
• Your contact details; and
• A statement that the information you have provided is accurate and that you are authorized to act.

We evaluate these claims on their merits and are not obliged to act on any particular claim.

9. Non-U.S. Complainants

The DMCA is United States law. If you are outside the United States, you may still use the process above, and we will apply it in the same way. Nothing in this Policy limits any remedy available to you under the law of your own jurisdiction.

10. Changes to This Policy

We may update this Policy from time to time. The current version is always available on our website. Material changes will be notified in accordance with the Terms of Service. The designated agent details published here will be kept consistent with our registration with the U.S. Copyright Office.