The DMCA provides a legal procedure by which you can request any Online Service Provider to disable access to a website where your copyrighted work(s) are appearing without your permission. There are two parts to the legal procedure: (1) Writing a Proper DMCA Notice, and (2) Sending the Proper DMCA Notice to Fictionaut's Designated Agent.
A Proper DMCA Notice will notify the organization of fictionaut.com (hereafter "Fictionaut") of particular facts in a document signed under penalty of perjury. We refer to this as a "Proper DMCA Notice." To Write a Proper DMCA notice, please provide the following information:
Sign the notice with either a physical or electronic signature.
To exercise your DMCA rights, you must send your Proper DMCA Notice to the following agent designated by Fictionaut (the "Designated Agent".) The contact information for Fictionaut's Designated Agent is:
Fictionaut will follow the procedures provided in the DCMA, which prescribed a notice and takedown procedure, subject to the webmaster's right to submit a Counter-notification claiming lawful use of the disabled works.
It is expected that all users of any part of the Fictionaut system will comply with applicable copyright laws. However, if Fictionaut is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. Fictionaut will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.
Pursuant to the Terms of Service Agreement you agreed to when you were permitted to become a System User, you are required to use only lawfully-acquired creative works as website content, and your website may be disabled upon receipt of notice that infringing material is appearing there. Fictionaut also respects the legitimate interests of webmasters in utilizing media content lawfully, being permitted to present a response to claims of infringement, and obtaining timely restoration of access to a website that has been disabled due to a copyright complaint.
Your System Use privileges will also be suspended. You may protest a DMCA notice by submitting a Counter-notification as described below.
If access to your website is disabled due to operation of the Fictionaut notice and takedown procedure described above, and you believe the takedown was improper, you must submit a Counter-notification.
To Write a Proper Counter-notification, please provide the following information:
To exercise your DMCA rights, you must send your Counter-notification to the "Designated Agent" for Fictionaut, whose contact information is:
If a customer is violating the Company's DMCA Policy or any of the Terms & Conditions, they will be subject to immediate termination. Furthermore, repeat infringers will not be tolerated.
It is Fictionaut's policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.
Fictionaut has discretion to handle non-compliant notices in whatever manner appears to be reasonable given the circumstances presented.
The submission of misleading information of any sort in a notification or counter-notification submitted to Fictionaut voids any claim of right made by the submitting party.