1st Approach DMCA Policy
1st Approach is an Online Service Provider under Title II of the Digital Millennium
Copyright Act, 17 U.S.C. Section 512 ("DMCA"). 1st Approach respects the
legitimate rights of copyrights and trademark owners, and has adopted an efficient notice
and takedown procedure as required by the DMCA and described herein. This policy is
intended to guide copyright and trademark owners in utilizing that procedure, and also to
guide webmasters in restoring access to websites that are disabled due to mistake.
Notice to Owners of Copyrighted Works
The DMCA provides a legal procedure by which you can request any Online Service Provider
to disable access to a website where your copyrighted work(s) are appearing without your
permission. There are two parts to the legal procedure: (1) Writing a Proper DMCA Notice,
and (2) Sending the Proper DMCA Notice to 1st Approach Designated Agent.
How to Write a Proper DMCA Notice
A Proper DMCA Notice will notify 1st Approach of particular facts in a document signed
under penalty of perjury. We refer to this as a Proper DMCA Notice. To Write a
Proper DMCA notice, please provide the following information:
- Identify yourself as either:
- The owner of a copyrighted work(s), or
- A person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.* State your contact information,
including your TRUE NAME, street address, telephone number, and email address.
- Identify the copyrighted work that you believe is being
infringed, or if a large number of works are appearing at a single website, a
representative list of the works.
- Identify the material that you claim is infringing your
copyrighted work, to which you are requesting that 1st Approach disable access over the
World Wide Web.
- Identify the location of the material on the World Wide Web by
providing information reasonably sufficient to permit 1st Approach to locate the
material.
- State 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 agents,
or the law.
State that the information in the notice is accurate, under penalty of perjury.
- Sign the notice with either a physical or electronic
signature.
Sending The Proper DMCA Notice to the Designated Agent
To exercise your DMCA rights, you must send your Proper DMCA Notice to the following agent
designated by 1st Approach (the Designated Agent.) The contact information for
1st Approach Designated Agent is
Email: dmca@1stapproach.com
Phone: 800-307-8816
What We Do When We Receive A Proper DMCA Notice
1st Approach will follow the procedures provided in the DCMA, which prescribed a notice
and takedown procedure, subject to the webmasters right to submit a
Counter-notification claiming lawful use of the disabled works.
Notice and Takedown Procedure
It is expected that all users of any part of the 1st Approach system will comply with
applicable copyright laws. However, if 1st Approach is notified of claimed copyright
infringement, or otherwise becomes aware of facts and circumstances from which
infringement is apparent, it will respond expeditiously by removing, or disabling access
to, the material that is claimed to be infringing or to be the subject of infringing
activity. 1st Approach will comply with the appropriate provisions of the DMCA in the
event a counter notification is received by its Designated Agent.
Notice to Users of 1st Approach Systems
Pursuant to the Terms of Service Agreement you agreed to when you were permitted to become
a System User, you are required to use only lawfully-acquired creative works as website
content, and your website may be disabled upon receipt of notice that infringing material
is appearing there. 1st Approach also respects the legitimate interests of webmasters in
utilizing media content lawfully, being permitted to present a response to claims of
infringement, and obtaining timely restoration of access to a website that has been
disabled due to a copyright complaint. Your System Use privileges will also be suspended.
You may protest a DMCA notice by submitting a Counter-notification as described below.
Writing and Submitting a Counter-notification
If access to your website is disabled due to operation of the 1st Approach notice and
takedown procedure described above, and you believe the takedown was improper, you must
submit a Counter-notification.
Writing a Counter-notification
To Write a Proper Counter-notification, please provide the following information:
- State that access to your website was disabled due to
operation of the notice and takedown procedure.
- Identify the material that has been removed and designate its
URL prior to removal.
- State, under penalty of perjury:
- Your name, address, and telephone number,
- That you have a good faith belief that the material was
removed or disabled as result of mistake or misidentification of the material,"
- That you consent to the jurisdiction of the Federal
District Court for the judicial district in which the address is located."
Sending the Counter-notification
To exercise your DMCA rights, you must send your Counter-notification to the
Designated Agent for 1st Approach, whose contact information is:
Email: dmca@1stapproach.com
Phone: 800-307-8816
Repeat Infringers
1st Approach may, in its discretion, use all appropriate means to terminate user access to
its system or network who are repeat infringers.
Accommodation of Standard Technical Measures
It is 1st Approach policy to accommodate and not interfere with standard technical
measures it determines are reasonable under the circumstances, i.e., technical measures
that are used by copyright owners to identify or protect copyrighted works.
Policy With Regard To Non-Compliant Communications
1st Approach has discretion to handle non-compliant notices in whatever manner appears to
be reasonable given the circumstances presented.
Submission of Misleading Information
The submission of misleading information of any sort in a notification or
counter-notification submitted to 1st Approach voids any claim of right made by the
submitting party. |