Porn-step.mom (“SITE”) qualifies as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1) of the Digital Millennium Copyright Act (“DMCA”). According to written above, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the “safe harbor” provisions. We fully respect the intellectual property of others, and we ask our users to do the same. Accordingly, we observe and comply with the DMCA, and have adopted the following Notice and Takedown Policy relating to claims of copyright infringement by our customers, subscribers or users.
NOCI – COPYRIGHT INFRINGEMENT NOTICE
If you concerned and think that your work has been copied, duplicated, displayed in a way that can be qualified as copyright infringement, you must provide the list with the following information to Our Designated Copyright Agent:
- (a) an electronic or physical signature of the person who authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- (b) detailed, thorough description of the copyrighted work or other intellectual property that you claim has been infringed;
- (c) a description of where the content that you claim is infringing is located on the SITE (including url’s associated with the material if possible);
- (d) your address, telephone number, e-mail address;
- (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- (f) a statement by you, made under penalty of perjury, that the above information in your Notice is true and accurate, that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
NOCI may be send to:
Copyright Agent at InCorporate Now Inc
512 Milky Flow
Lake Worth, FL 33460
United States
Fax: (800) 371-0235
Email: dmca@porn-step.mom
Please avoid to send other inquires not regarding copyright claims to our Designated Agent.
Abuse Notice: : Abusing the DMCA Notice procedures described above, or misrepresenting information in a DMCA Notice or Counter-notification, can lead to legal liability for damages, attorneys fees and court costs under federal law. See; 17 U.S.C. § 512(f). These Notice and Takedown Procedures apply to claims of copyright infringement by copyright holders and their agents – not to any other kind of abuse, infringement or legal claim. We will act against anyone abusing the DMCA notification or counter notification procedure. Please ensure that you meet all of the legal qualifications before submitting a Copyright Infringement Notice to our Designated Agent.
DMCA TAKEDOWN PRODECURE
The SITE implements the following “notice and take down” procedure after receiving any kinds of notification of claimed copyright infringement. The SITE reserves the right at any moment to disable access to, or remove any material or activity accessible on or from any SITE or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of the SITE to terminate the account of repeat copyright infringers, when appropriate, and the SITE will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act (“DMCA”). The SITE’s DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with §512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, the SITE shall attempt to contact or take other steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, the SITE will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may send a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. The SITE reserves the right to change, modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.
DMCA COUNTERCLAIM PROCEDURE
If the Recipient of a Claimed Infringement Notice (“Notice”) believes that the Notice is fallacious or false, and/or that allegedly infringing material has been wrongly removed in accordance with the procedures mentioned above, the Recipient is allowed to submit a DMCA counter-notification or counterclaim pursuant to Section 512(g)(2)&(3) of the DMCA. A counter-notification is the procedure for the Recipient to question the removal or disabling of content pursuant to a Notice. The information that a Recipient provides in a counter-notification must be true and accurate, and the Recipient will be liable for any misrepresentations and distortion of facts which may cause any claims to be brought against the SITE relating to the actions taken in response to the counter-notification.
To submit a counter-notification, the following information must be provided to Our Designated Copyright agent:
- (a) a detailed description of the material that was removed or disabled pursuant to the Notice;
- (b) a description of where the material was located within the SITE or the Content before such material was removed and/or disabled (preferably including url’s associated with the material);
- (c) a statement reflecting the Recipient’s belief that the removal or disabling of the material was done mistakenly. The following may be used for convenience:
“I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.” - (d) the Recipient’s street address, telephone number, e-mail address; and,
- (e) a statement that the Recipient consents to the jurisdiction of the Federal District Court in and for the judicial district where the Recipient is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notice, or that person’s agent.
Counterclaim containing the above information must be signed and sent to:
Copyright Agent at InCorporate Now Inc
512 Milky Flow
Lake Worth, FL 33460
United States
Fax: (800) 371-0244
Email: dmca@porn-step.mom
Do not send any other information not regarding counter-notification issue to the Our Agent.
Upon a DMCA-compliant counter-notification, Our Designated Copyright Agent will forward it to Us, and We will then provide the counter-notification to the claimant who first sent the original Notice identifying the allegedly infringing work.
Subsequently, within the period of ten to fourteen (10-14) days of Our receipt of a counter-notification, We will replace or cease disabling access to the material provided that We or Our Designated Copyright Agent have not received notice that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the material on the SITE’s system or network.
POLICY OF SERVICE PROVIDER CUSTOMER OR SUBSCRIBER
If the alleged infringer identified in an intended DMCA Notice operates as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1), the SITE insists and requests that any such of DMCA Notices regarding alleged infringement by third party users, customers or subscribers of such service providers be submitted directly to the service provider’s designated DMCA Agent instead of the SITE.
POLICY MODIFICATIONS & CHANGES
The SITE reserves the right to change, modify, alter or add to this policy, and all interested parties advised to check it from time to time to stay current on any of such changes.
REQUESTS REGARDING CUSTOMER SERVICE
Our DMCA Agent is not associated with the Site, but is an attorney with a private law firm. There will be no response to any kind of customer service requests, payment issues, or requests for membership cancellation. This king of issues should be forwarded to the Site’s customer service department.