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Digital Millennium Copyright Act

What is DMCA?
The Digital Millenium Copyright Act (DMCA) was passed by Congress in October 1998. The purpose of DMCA is two-fold: it limits the liability of service providers whose users are infringing upon the copyright of others, and defines the procedures necessary to report such infringement.

Infringement Notification
Should you discover that a Sparta Social Networks user or Sparta Social Networks itself is infringing upon your copyright, you may file official notification of such infringement. Upon receipt of a valid notification, Sparta Social Networks will promptly take steps to disable access to the infringing material.

In order to be valid, a notification must include the following elements:

1. Identification of the copyrighted work claimed to have been infringed, in the form of the original URL of the image or work being infringed upon;

2. Identification of the material that is infringing upon your copyright, with reasonable information for Sparta Social Networks to locate the material (you must include the userid of the person who is infringing upon your copyright, and links to the allegedly infringing material);

3. Information reasonably sufficient for Sparta Social Networks to contact you (a valid email address);

4. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."

5. Include 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."

6. Your signature

7. Send the written communication to the following address:
Sparta Social Networks, LLC
Attn: David Ring, DMCA Infringement Notification
204 Dedham St
Newton, MA 02461

What happens next?
Upon receipt of notification, the Sparta Social Networks will take steps to disable access to the infringing material. However, if the user posting the content in violation believes they are authorized to use the material, they are entitled to file a counter-notification indicating this.

Counter Notification
In order to be valid, the counter-notification must include the following elements:

1. Identification of the material in question, including the location at which the material appears;

2. A statement, made under penalty of perjury, that you have a good faith belief that the material in question was identified as a copyright violation as a result of mistake or misidentification, including the reasons why you believe this;

3. Your full name, address, and telephone number, along with a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided the initial notification.

4. Your signature

5. Send the written communication to the following address:
Sparta Social Networks, LLC
Attn: David Ring, DMCA Infringement Notification
204 Dedham St
Newton, MA 02461

Following receipt of a counter-notification, the original notifier will be provided with a copy of the counter-notification. Access to the content will remain disabled. Unless the original notifier informs Sparta Social Networks that an action has been filed seeking a court order to restrict access to the content, the content will be replaced after 14 business days.

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