DMCA Notice & Takedown Policy
How to report copyright infringement and how we respond.
Overview
Siteavail (operated by MRN24 LLC, a Florida limited liability company) respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). This policy explains how to submit a notice of alleged copyright infringement, how to submit a counter-notification, and how Siteavail handles repeat infringers.
Designated Copyright Agent
Notifications of claimed copyright infringement should be sent to Siteavail's Designated Copyright Agent:
- Name: Michael Naber, Designated Copyright Agent
- Company: MRN24 LLC d/b/a Siteavail
- Email: [email protected]
- Mailing Address: Available upon request to [email protected]
Notices that do not substantially comply with the requirements below may not receive a response.
Submitting a Copyright Infringement Notice
If you believe in good faith that material accessible through the Service infringes your copyright, you may submit a written notice to our Designated Agent. To be effective under 17 U.S.C. § 512(c)(3), your notice must include all of the following:
- A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner.
- Identification of the copyrighted work claimed to have been infringed (or, for multiple 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, with sufficient detail (such as the URL on Siteavail) to allow us to locate the material.
- Information reasonably sufficient to permit us to contact you, including your name, mailing address, telephone number, and email address.
- The following statement: "I 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."
Misrepresentations. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake, may be liable for damages, including costs and attorneys' fees.
Our Response
Upon receipt of a notice that substantially complies with the requirements above, we will:
- Promptly remove or disable access to the allegedly infringing material.
- Notify the affected user (the customer whose archive contains the material) and provide them with a copy of the notice.
- Inform the affected user of their right to submit a counter-notification.
Counter-Notification
If you are a Siteavail customer and your content has been removed or disabled in response to a copyright infringement notice that you believe is mistaken or improper, you may submit a counter-notification under 17 U.S.C. § 512(g). To be effective, your counter-notification must be sent to our Designated Agent and include all of the following:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled.
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
- Your name, mailing address, and telephone number.
- A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or, if your address is outside of the United States, the United States District Court for the Middle District of Florida, and that you will accept service of process from the person who provided the original copyright notification or that person's agent.
Upon receipt of a valid counter-notification, we will forward it to the original notifier. We will then restore the removed material in not less than 10, nor more than 14, business days following our receipt of your counter-notification, unless our Designated Agent first receives notice from the original notifier that they have filed a court action seeking to restrain the alleged infringement.
Repeat Infringer Policy
Siteavail will, in appropriate circumstances and at our discretion, terminate the accounts of users who are determined to be repeat infringers of copyright or other intellectual property rights. We may also limit access to the Service or terminate accounts for users who infringe the intellectual property rights of others, regardless of whether there is any repeat infringement.
No Legal Advice
This page describes how to use Siteavail's notice-and-takedown procedure under the DMCA. It is not legal advice. If you are unsure whether to file a notice or counter-notice, you should consult an attorney.