Copyright is a form of protection so creators and subsequent owners of original works can control how the works are used. Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. Violating the copyright owner’s rights can lead to suspension of that Content in your account on Onifile, a strike and account suspension. These acts can be criminal. Additionally, copyright owners can take civil action against you and possibly be awarded monetary damages.
Onifile complies with the Digital Millennium Copyright Act (DMCA) and promptly suspends Content from access when properly notified.
To file a copyright infringement notification with Onifile, you will need to send a written notification that includes substantially the information required by and stated in Section 512(c)(3) of the Digital Millennium Copyright Act.
Persons or entities who have large numbers of files or a frequent need to notify Onifile of copyright infringement may apply to Onifile for access to Onifile's DMCA Dynamic Notification System.
1. Identify yourself as either: a) The owner of a copyrighted work(s), or b) A person "authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." Include a physical or electronic signature.
2. Identify the copyrighted work claimed to have been infringed.
3. Identify the Content that is claimed to be infringing or to be the subject of the infringing activity and that is to be suspended or access to which is to be disabled, as well as information reasonably sufficient to permit Onifile to locate the Content. Providing URLs are required to help us locate the Content.
4. Provide contact information that is reasonably sufficient to permit us to contact you, such as an address, telephone number, and a valid email address.
5. State that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agents, or the law.
6. State that the information in the notification is accurate and under penalty of perjury the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The information provided in this legal notice will be forwarded to the person who provided the allegedly infringing Content. See "Counterclaim".
Upon receipt of valid notification, as required by law, we will suspend access to Content from our website. If a counterclaim is not filed, or is unsuccessful, access to the Content is permanently suspended from our Service.
Contact information of the party reporting the file, which may include name, email address and physical address will be given to anyone attempting to access the Content.
Users who have the same Content in their account will receive a warning that the file has been reported for copyright infringement and distribution will be restricted. You, the reporting party, may be contacted asking you to notify Onifile to release the Content for distribution. If you feel the request is valid, email [email protected] and provide links to those particular files.
In accordance with our Terms of Service and Privacy Policy, non-public information about Onifile account holders is not released except as lawfully required by appropriate legal process such as a subpoena, court order, or other valid legal process. For further legal process, see Table 1 about information retention.
Enforcement
Millions of users have entrusted their data to Onifile, for their own accessibility, to backup, to share with friends and family and collaborate with colleagues. And, millions of those users respectfully observe Onifile's Terms of Service.
However, in those instances when Onifile is notified of Terms of Service violations, Onifile's team upholds and enforces policy and responds to notifications.
Onifile additionally employs a variety of processes and automatic mechanisms to avert violations of our Terms of Services, which include:
- File suspension
- Account suspension
- Account termination
- Alerting users of files claimed under the DMCA
- Blocking files previously claimed under the DMCA
- Media Fingerprinting
- Archive Scanning
- Monitoring websites
- Realtime Filters
- Blocking websites
- Prevent Search Engine Indexing
- Report of activities to proper authorities
Violations
Below is a partial list of Terms of Service violations. For a complete list, please refer to our Terms of Service.
- Use the Services for any illegal purpose;
- Distribute any Content that falsely implies sponsorship of the Content by the Services, falsify or delete any author attribution in any Content, or promote any information that you know is false or misleading;
- Distribute an illegal or unauthorized copy of another person's trademarked or copyrighted work;
- Distribute Content that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful or promotes or encourages illegal activity;
- Distribute Content that violates the rights of others, such as distributing Content that infringes any copyright, trademark, patent, trade secret, or violates any right of privacy or publicity, or that is libelous or defamatory, or that directs any user to the content of a third party without consent of the third party;
- Defame or libel any person; invade any person's right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person;
- Export or re-export Content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions;
- Distribute any links to any external Internet sites that are obscene or pornographic, or distribute pornographic or sexually explicit material of any kind.