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DMCA Policy

FileStay (www.filestay.com) is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). Please read the following to become familiar with our policies in relation to notices and takedown policy as required by DMCA. We take a very serious approach in dealing with infringement.

Through the DMCA you can request any Internet Service Provider to disable access to a website where your copyrighted work(s) are appearing without consent. To do so you must comple a Proper DMCA Notice, and sending Notice to FileStay.com's DMCA Agent.

If you wish to report a copyright (or other intellectual property) infringement, please send us a proper DMCA Notification as such (failure to which it may be ignored):

  1. 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.
  2. State your contact information, including your true/legal name, street address, telephone number, and email address.
  3. 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.
  4. Identify the material that you claim is infringing your copyrighted work, to which you are requesting that FileStay disable access over the World Wide Web.
  5. Identify the location of materials that allegedly are infringing your copyrighted work, by providing Web URLs on FileStay.com that contain these materials. Please don't send attached images, pdf or other file formats files, but only list with FileStay.com web urls. Providing URLs in the body of an email is the best way to help us locate content quickly.
  6. 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.
  7. State that the information in the notice is accurate, under penalty of perjury.
  8. Your notice must be signed with a physical signature (when it is in paper form) or electronic signature (when it is in electronic form).
  9. To exercise your DMCA rights, your Proper DMCA Notice must be sent to Designated Agent of FileStay.com to email: dmca@filestay.com.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Notice and takedown procedure

FileStay.com will follow the procedures provided in the DCMA to properly enforce rights of copyright holders. When a Proper DMCA notification is received by the Designated DMCA Agent, or when FileStay.com becomes otherwise aware that copyright rights are infringed, it will remove or disable access to infringing materials as soon as possible. FileStay.com will not necessarily send a confirmation regarding the removal/disabling.

FileStay.com will follow the procedures stated in the DCMA to enforce rights of true copyright holders. When a Proper DMCA notification is received by the DMCA Agent, or when FileStay.com becomes otherwise aware that copyright rights are infringed, it will remove or disable access to infringing materials expeditiously.

Counter Notification

If users of FileStay in submitting or downloading materials believe that their use of materials was lawful, they have the right of sending a Proper Counter-notification in order to restore access to these materials. FileStay.com will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.

Repeat Infringer Policy

When deemed appropriate as per the DMCA, FileStay will terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, follow the instructions above to contact FileStay and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.

Reporting Abuse

To report abuse in relation to content, files or the site please email abuse@filestay.com with a brief summary/description of the issue at hand. Abusive files will be deleted expeditiously.

Proactive Program

FileStay is committed to helping copyright owners and authorized representatives remove allegedly infringing content from our site. In response, we have created a Copyright Takedown Tool that assists copyright owners remove and disable their material easily and efficiently.

ATTENTION: CONTENT OWNERS AND/OR AUTHORIZED REPRESENTATIVES

Content owners and their authorized representatives whose content has been made available through the FileStay service without their permission and, as a result, have been forced to send numerous DMCA notifications on behalf of said material, may request a username and password for access to remove links to their content.

This access allows the content owner or authorized representative to automatically remove and disable their materials made available on the FileStay service, by submitting the URLs of the material through their accounts.

By using this service to submit URLs, you represent your good faith belief that the material associated with the URL is infringing copyrights that you own in respect to the content in question or that you have authorization from the owner to remove the links. (Please note that under the DMCA any person who knowingly and materially misrepresents that material is infringing may be subject to liability.) You also understand that by submitting URL’s into the service, the links in question will be automatically deleted. You swear, under penalty of perjury, that you are the content owner or are authorized to act as representative of the owner of an exclusive right that has allegedly been infringed.

Access is granted at the sole discretion of FileStay and will be removed if abused.

Why was my account banned?

Upon notice from a content owner or authorized representative of an alleged copyrighted work located on our site without permission, DMCA/Copyright infringement notices will be sent to the user responsible for uploading the file(s) and the content in question will be removed. The user will automatically receive an email notification informing them of the DMCA/Copyright infringement notice and it will appear in the users account under the Removed Files page. Once a user has accumulated 3 DMCA/Copyright infringement notices, their account will be immediately terminated.

Repeat Infringer Policy

When deemed appropriate as per the DMCA, FileStay will terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, follow the DMCA instructions to contact FileStay and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.