Each Takedown Notice should:
Be addressed to ARE Forum.
Include a copy of the post as well as the link.
Highlight the disputed material.
Include an electronic or physical signature of the person legally
authorized to act on behalf of the owner of the copyright interest.
Include your address, telephone number and e-mail address in each
request.
Include a statement by you that you have good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law per request.
Include a statement by you, made under penalty of perjury, that the
above information in your notice is accurate, and that you are the
copyright owner or legally authorized to act on behalf of the copyright
owner per request.
Upon receiving and reviewing the information mentioned above, we will
remove the copyrighted material expeditiously.
In addition, the user who posted the material will be notified of this
action contemporary with its effective time and date. Please note that
in addition to being forwarded to the person who provided the allegedly
infringing content, a copy of this legal notice will be sent to a third-party
which may publish and/or annotate it. As such, your letter (with your
personal information removed) will be forwarded to Chilling Effects
(http://www.chillingeffects.org).
A link to your published letter (see
example) will be displayed in place of the removed content.
To expedite the process complaints should be sent by electronic mail
to dmca@areforum.org and you will be replied to with a fax number where
paper copies may be sent.
Counter-Notice Provisions
A user who has material disabled or removed and believes that this
material is in fact covered by "Fair
Use" or is in some other way properly being used, and is
not in violation of the requirements of the DMCA, may provide a "counter
notice." A proper "counter-notice" must provide the
following:
The poster's name, address, phone number, and physical or electronic
signature.
Identification of the material and its location before removal.
A statement under penalty of perjury that the material was removed
in error or by misidentification.
Consent to federal court jurisdiction for adjudication of the matter,
or if overseas, to an appropriate judicial body.
This counter-claim notice will be expeditiously forwarded to the complaining
party.
Under the law, should a proper counter-notice be provided, ARE Forum
will restore the alleged infringing material in 14 days.
Repeated Infringement
As per the Terms of Service which can be found during registration to
the forum repeat infringers will have their access to the forum denied
False Claims Warning
CAUTION: Under the DMCA any person knowingly making
false claims in either a DMCA Takedown Notice or Counterclaim is liable
for all damages, including costs and fees, incurred by the party harmed
by the misrepresentation.
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