DMCA Copyright Policy

FileXhost respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, FileXhost will respond expeditiously to claims of copyright infringement committed using the FileXhost service and/or the FileXhost website (the "Site") if such claims are reported to our Designated Copyright Agent identified in the sample notice below.

1. DMCA Notice of Alleged Infringement ("Notice")

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. Upon receipt of Notice as described below, FileXhost will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

To file a DMCA Notice, please provide the following information:

1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
   • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
   • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Designated Copyright Agent:

2. Counter-Notices

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a Counter-Notice containing the following information to our Copyright Agent:

• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in [Your Jurisdiction, e.g., San Francisco, California], and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a Counter-Notice is received by the Copyright Agent, FileXhost may send a copy of the Counter-Notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the Counter-Notice, at FileXhost's sole discretion.

3. Repeat Infringer Policy

FileXhost does not condone or tolerate copyright infringement or any violation of the intellectual property rights of FileXhost or of others. FileXhost reserves the right to terminate the access and/or use privileges of any person who has been determined to be a "repeat infringer" of the copyrights of FileXhost or others. FileXhost reserves the right to define the criteria by which FileXhost will determine that a person is a "repeat infringer." In the event that "repeat infringer" is specifically defined under the DMCA, or other applicable law, FileXhost will adopt that definition as a minimum standard. Without limiting FileXhost's right to define "repeat infringer," as a general rule, FileXhost will define a "repeat infringer" as any person or entity about whom FileXhost has received two or more DMCA Notices of Alleged Infringement. FileXhost will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a "repeat infringer" is appropriate.