DMCA COMPLAINTS

Rev Date: 03/14/2010

Agent Black believes that copyright holders have the sole right to defend their works and creations. With that being said, if Agent Black receives a valid DMCA complaint, Agent Black will investigate the matter thoroughly. If the DMCA complaint is found to be valid, the offending content will be removed from the servers. An email, postal letter, or telephone call will be placed to offending subscriber to inform them of the violation.

If customer is found to have violated the DMCA a second time, Agent Black reserves the right to charge subscriber up to $3,000.00 (Three Thousand Dollars) for a second violation.

If a customer is found to have violated the DMCA a third time, Agent Black will terminate all services, delete all subscribers’ data, and charge the subscriber up to $5,000.00 (Five Thousand Dollars). Failure to pay such charges will result in legal action being taken against offending subscriber.

Notice to Copyright Holders:

In order for your DMCA complaint to be valid, you must complete each of the following steps:

1. List the exact location of the offending content. Example: www.example.com could be a perfectly legal, however www.example.com/badfile.mp3 could be the offending file. Agent Black will not remove non-offending files.

2. The original or an Adobe PDF copy of the complaint must be forwarded to Agent Black including the list of offending content. Copyright holders may use dmca (at) agentblackhosting .com to forward their complaints. The complaint must list the offending web site including the EXACT file or files that are in violation. Incomplete or unfounded complaints will be returned and noted as not complete, or unfounded. If the exact file is not listed, the DMCA will be returned for review. We will NOT delete non-offending content.

Please note that once the valid paperwork has been received, Agent Black will work as quickly as possible to review the complaint. This process could take up to 21 business days.

If the subscriber has been found in violation of the DMCA, Agent Black will delete the offending file or files within 3 business days.

Agent Black will in turn reply to said complaint with the action taken by Agent Black. Agent Black will not release subscriber information without court order from a court of competent jurisdiction. Agent Black will only release the minimum amount of information needed to comply with such said court order. Under NO CIRCUMSTANCE are Agent Black's user records available for review except by a court of competent jurisdiction.