SECTION 3.16.3: COUNTER-NOTICE PROTOCOLS & REPEAT INFRINGER BANS

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Section 3.16.3: Counter-Notice Protocols & Repeat Infringer Bans
Statutory counter-notices, 10-14 day reinstatement timelines, and the strict Repeat Infringer Termination Policy.
Category: Intellectual Property Policy Clause: CLAUSE-3.16.3 Ref Code: IP-3163-COUNTER-NOTICE-BANS Tier 4 (Critical Severity)
Compliance Safe & Safe Harbor Shielded

1. Section Scope & Legal Intent

Establishes statutory Counter-Notification protocols, the mandatory 10-14 business day reinstatement window, and the Repeat Infringer Termination Policy.

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:

  1. Submitting false counter-notifications containing fraudulent identity or bogus license declarations.
  2. Re-listing content removed under DMCA without submitting an approved statutory counter-notice.
  3. 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.

Last updated: Oct 01, 2025