1. Section Scope & Legal Intent
2. Mandatory Standards & Operating Requirements
All participants subject to this policy must strictly adhere to the following mandatory standards:
- A seller whose listing was removed under a DMCA notice may submit a formal statutory Counter-Notification under 17 U.S.C. § 512(g).
- Upon receipt of a valid counter-notice, ePaisay forwards it to the claimant; unless the claimant files a federal court action within 10-14 business days, the listing is reinstated.
- In compliance with federal safe harbor mandates, ePaisay maintains and enforces a strict Repeat Infringer Policy: accumulation of 3 substantiated IP strikes results in permanent account termination.
3. Explicit Prohibitions & Violation Triggers
The following actions constitute direct non-compliance and trigger automatic intervention by the Warning and Violation System:
- Submitting false counter-notifications containing fraudulent identity or bogus license declarations.
- Re-listing content removed under DMCA without submitting an approved statutory counter-notice.
- Accumulating 3 separate substantiated intellectual property infringement takedowns within a 12-month period.
4. Warning & Violation System Enforcement Matrix
Each violation under this section is mapped directly to the automated warning and sanction ladder:
| Violation Code | Offense Description | Detection Method | Severity Tier | Cure Window | Mandatory Sanction |
|---|---|---|---|---|---|
VIOL-3163-01 |
Accumulation of 3 substantiated IP infringement takedowns (Repeat Infringer Rule). | IP Disciplinary Tracking Engine | Tier 4 (Critical) | Immediate | Permanent termination of merchant account across all marketplace entities, forfeiture of reserves. |
VIOL-3163-02 |
Submission of fraudulent counter-notification under penalty of perjury. | Appeals Legal Review | Tier 4 (Critical) | Immediate | Permanent account ban, forfeiture of balance, legal notification to rights holder for court action. |
VIOL-3163-03 |
Circumvention: re-uploading identical delisted merchandise under a modified title. | Catalog Visual & Hash Matching Daemon | Tier 4 (Critical) | Immediate | 3 Strike Points, 30-day merchant storefront suspension, listing permanently purged. |
5. Platform Safe Harbor & Limitation of Liability
Platform Intermediary Status: ePaisay provides the technological marketplace venue connecting independent counterparties. ePaisay is not a vendor, retailer, agent, or guarantor of any product, service, or transaction governed herein.
Total Disclaimer of Warranties: The platform disclaims all warranties of merchantability, fitness for particular purpose, and non-infringement to the fullest extent permissible by applicable law.
Limitation of Damages: In no event shall ePaisay, its officers, directors, or employees be liable for incidental, indirect, punitive, or consequential damages. Aggregate liability is strictly capped at the lesser of $100 USD or platform fees paid in the preceding three months.
Participant Indemnification: The participant agrees to defend, indemnify, and hold harmless ePaisay against any third-party claims, regulatory penalties, legal fees, or damages arising out of violations of this Section.