AusFile induces Strict Policy against Copyright Infringement. In most cases, AusFile shall act within 24 Hours of period from the time of proper notification (Explained Below). However the response action may be delayed depending upon the cases or notification and their Verification. AusFile.com is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). This document outlines the policy that AusFile.com have introduced in order to implement notice and takedown policy as required by DMCA. This document guides copyright owners interested in utilizing this procedure, as well as service users interested in restoring access to material mistakenly taken down.
Writing and Sending Proper Notification
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. The legal procedure consists of two parts: (1) Writing a Proper DMCA Notice, and (2) Sending the Proper DMCA Notice to AusFile.com Designated Agent. To write a Proper DMCA Notice, state the following information:
1. Identify yourself as an owner of copyrighted work or exclusive rights that you believe were infringed, or a person acting on behalf of such owner, and provide a physical signature (when it is in paper form) or electronic signature (when it is in electronic form).
2. Identify the copyrighted work(s) that you believe is/are being infringed.
3. Identify the material(s) that allegedly are infringing your copyrighted work, by providing Web URL(s) on AusFile.com site that contain these material(s).
4. State your contact information, including your name, street address, phone number, and business email address. If you are acting on behalf of the copyright owner, please also describe your affiliation with the copyright holder (e.g attorney, vendor, agent).
5. State that you have "a good faith belief that use of the aforementioned material is not authorized by the copyright owner, its agents, or the law."
6. State that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is believed infringed.
7. To exercise your DMCA rights, your Proper DMCA Notice must be sent to our mail ID "dmca@AusFile.com". Please title the message as "DMCA NOTICE"
Notice and Takedown Procedure
AusFile will follow the procedures provided in the DCMA to properly enforce rights of copyright holders. When a Proper DMCA notification is received by our assigned DMCA staff, or when AusFile becomes otherwise aware that copyright rights are infringed, it will remove or disable access to infringing materials as soon as possible. You don't need to wait confirmation from us about this action. As previously mentioned, AusFile shall act within 24 Hours of period from the time of notification in most of its cases. However the response action may be delayed depending upon the cases or notification and their Verification.
If users uploading or downloading materials believe that their use of materials was lawful, they reserve the right of sending a Proper Counter-notification in order to restore access to these materials. AusFile.com will comply with the appropriate provisions of the DMCA in the event a counter notification is received by our assigned Staff.
To write a Proper Counter Notice, state the following information
1. Identify the material with its description that has been removed and mention its URL prior to removal.
2. State, under penalty of perjury the following details
- Name, address, phone number
- you "have a good faith belief that the material was removed or access disabled as result of mistake or miss-identification of the material" you "consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located."
3. Sign the notification with either a physical or electronic signature.
4. To exercise your DMCA rights, your Proper counter Notice must be sent to our mail ID "dmca@AusFile.comm". Please title the message as "COUNTER NOTICE"
For faster response, please send the respective notification to the properly assigned staff (Email ID given above). You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. We appropriate your understanding.