DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY
CNCTASPHR respects the intellectual property rights of others and expects users of the Platform to do the same.
This DMCA Policy is adopted pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512, and establishes procedures for reporting alleged copyright infringement and responding to such claims.
Contact: support@cnctasphr.com
1. Designated Copyright Agent
Pursuant to 17 U.S.C. §512(c)(2), CNCTASPHR has designated the following agent to receive notifications of claimed copyright infringement:
DMCA Agent
CNCTASPHR
Email: support@cnctasphr.com
Subject Line: “DMCA Notice”
All notices must be submitted in writing and contain the information required by Section 2 below.
2. Notice of Claimed Infringement
If you believe that material available on the Platform infringes your copyright, you must submit a written notification containing the following information:
- A physical or electronic signature of the copyright owner or authorized representative;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material claimed to be infringing, including sufficient information to permit CNCTASPHR to locate the material (e.g., URL);
- Your name, address, telephone number, and email address;
- A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information provided is accurate and that you are authorized to act on behalf of the copyright owner.
Failure to provide all required elements may render the notice ineffective.
3. Response to Valid Notice
Upon receipt of a valid DMCA notice:
- The allegedly infringing material may be removed or disabled;
- The user who posted the material may be notified;
- The user may be provided an opportunity to submit a counter-notification.
CNCTASPHR reserves the right to remove content that it reasonably believes infringes intellectual property rights, even absent formal notice.
4. Counter-Notification Procedure
If you believe that material removed or disabled as a result of a DMCA notice was removed in error or misidentification, you may submit a written counter-notification including:
- Your physical or electronic signature;
- Identification of the material removed and its prior location on the Platform;
- A statement under penalty of perjury that you have a good-faith belief the material was removed due to mistake or misidentification;
- Your name, address, and telephone number;
- A statement consenting to jurisdiction of the federal district court in Texas and agreeing to accept service of process from the original complainant.
Upon receipt of a valid counter-notification, CNCTASPHR may restore the material within 10–14 business days unless the original complainant files a court action seeking a restraining order.
5. Repeat Infringer Policy
In accordance with 17 U.S.C. §512(i), CNCTASPHR maintains a policy providing for termination of user accounts that are determined to be repeat infringers.
A repeat infringer is any user who:
- Has been subject to multiple valid DMCA notices; or
- Repeatedly posts content that infringes the rights of others.
Termination decisions are made at CNCTASPHR’s sole discretion.
6. Misrepresentation
Pursuant to 17 U.S.C. §512(f), any person who knowingly materially misrepresents:
- That material is infringing; or
- That material was removed by mistake or misidentification
- may be liable for damages, including costs and attorneys’ fees.
7. Limitation of Liability
CNCTASPHR qualifies for safe harbor protections under 17 U.S.C. §512, provided that:
- It lacks actual knowledge of infringing activity;
- It does not receive a financial benefit directly attributable to infringing activity where it has control;
- It acts expeditiously to remove or disable access upon obtaining knowledge of infringement.
Nothing in this Policy shall be construed as an admission of liability.
8. Modifications
CNCTASPHR reserves the right to modify this DMCA Policy at any time. Changes are effective upon posting.