DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) AND COPYRIGHT TAKEDOWN POLICY
BFAds.net respects the intellectual property of others, and we ask our users to do the same. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). BFAds.net may disable and/or terminate the accounts of users in accordance with this policy.
If you believe that your work has been copied in a manner that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you can request that we take down the infringing material by filing a DMCA Notice with BFAds.net. If your material has been removed as a result of a DMCA Notice, you may file a Counter-Notice requesting that the material be restored. Please note that we do not make any legal decisions about the validity of your claims.
Anyone making a false or fraudulent Notice or Counter-Notice may be liable for damages under the DMCA, including costs and attorney’s fees. If you are unsure of whether certain material infringes your copyright, contact an attorney.
Filing A DMCA Notice
To file a DMCA Notice with BFAds.net, you must send us a written letter by fax, regular mail, or email. When we
receive a clear and valid Notice pursuant to the guidelines set forth below, we will respond by either taking
down the allegedly infringing material or blocking access to it. We may contact the Notice provider to request
additional information. We reserve the right to ignore a Notice that is not in compliance with the DMCA.
Your Notice must include 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, or, in the case of multiple copyrighted works, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BFAds.net to locate the material.
- Information reasonably sufficient to permit BFAds.net to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Filing A DMCA Counter-Notice
If your material has been removed or blocked by us as a result of a DMCA Notice, you may send us a Counter-Notice asking for the allegedly infringing material to be restored.
When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting its removal. We reserve the right to ignore a Counter-Notice that is not in compliance with the DMCA.Your Counter-Notice must include the following:
- A list and description of all material(s) that were removed by BFAds.net and the location at which the material(s) appeared before it/they was/were removed.
- Your name, address, telephone number and email address (if available).
- A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or Las Vegas, Nevada if your address is outside of the United States);
- A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us.
- The following statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Your Signature.
DMCA Notices and Counter-Notices should be sent to BFAds.net's Agent for Notice of Claims of Copyright or Other Intellectual Property Infringement as follows:
Kenneth E. Hirschman
c/o Ebates Inc.
BFAds.net’s Agent may also be reached by phone at 415-908-2200.