DMCA / Copyright Policy
MyBizPoint — operated by Makipoint LLC
Effective date: [INSERT DATE] Last updated: [INSERT DATE]
DRAFT — action required to get safe-harbor protection. To rely on the DMCA "safe harbor" (which can shield you from liability for content your users upload), you must register a Designated Agent with the U.S. Copyright Office and keep that registration current. See Section 8 for the concrete steps and cost.
1. Our policy
Makipoint LLC respects the intellectual property rights of others and expects users of MyBizPoint (the "Service") to do the same. We respond to clear notices of alleged copyright infringement under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.
2. Reporting alleged infringement (takedown notice)
If you believe content on the Service infringes your copyright, send a written notice to our Designated Agent (Section 7) that includes all of the following, as required by 17 U.S.C. § 512(c)(3):
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
- Identification of the copyrighted work claimed to be infringed (or a representative list, if multiple works).
- Identification of the material that is claimed to be infringing and that you want removed, with enough detail for us to locate it (such as a URL or account/record reference).
- Your contact information — name, mailing address, telephone number, and email address.
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Incomplete notices may not be valid. Knowingly making a material misrepresentation that content is infringing can make you liable for damages under 17 U.S.C. § 512(f).
3. What we do when we receive a valid notice
We will: remove or disable access to the allegedly infringing material; take reasonable steps to notify the affected user; and forward the notice (which may include your contact details) to that user.
4. Counter-notice
If your content was removed and you believe this was a mistake or misidentification, you may send a counter-notice to our Designated Agent that includes:
- Your physical or electronic signature.
- Identification of the material removed and the location where it appeared before removal.
- A statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for your address (or, if outside the U.S., for any judicial district where we may be found), and that you will accept service of process from the person who filed the original notice.
If we receive a valid counter-notice, we may restore the material in 10–14 business days unless the original complainant notifies us that they have filed a court action seeking to restrain the allegedly infringing activity.
5. Repeat infringers
In appropriate circumstances and at our discretion, we will suspend or terminate the accounts of users who are repeat infringers, as required to maintain DMCA safe-harbor eligibility.
6. Trademark and other complaints
For trademark or other (non-copyright) intellectual property concerns, contact legal@makipoint.com.
7. Designated Agent for copyright notices
Send DMCA notices and counter-notices to:
DMCA Agent — Makipoint LLC [AGENT NAME OR "Copyright Agent"] [BUSINESS MAILING ADDRESS], Florida, USA Email: legal@makipoint.com
[ACTION] Replace the bracketed fields with the exact agent name and address you register with the U.S. Copyright Office (Section 8). The information here must match the official registration.
8. How to register your Designated Agent (required for safe harbor)
This is a real, low-cost step that materially affects your legal protection. Without a registered agent, the DMCA safe harbor generally does not apply.
- Where: U.S. Copyright Office DMCA Designated Agent Directory — https://www.copyright.gov/dmca-directory/
- Cost: US$6 per designation.
- Validity: The designation expires after 3 years and must be renewed (by amending or resubmitting and paying the $6 fee again) to stay valid. The Office emails renewal reminders at 90, 60, 30, and 7 days before expiry.
- Keep it in sync: If your agent, email, or address changes, update both the official directory and this Policy.
9. Changes
We may update this Policy. The "Last updated" date reflects the current version.
Sources for the registration requirements above: U.S. Copyright Office, DMCA Designated Agent Directory and FAQs (copyright.gov).