Digital Millennium Copyright Act (DMCA) Policy & Notice Guidelines

1. Safe Harbor Status & Scope of Hosted Services (17 U.S.C. § 512(c))

Backforms provides developer-oriented headless form routing, API endpoints, and user account storage. In operating these services, Backforms may store or transmit user-directed materials, including user profile avatars, form configuration templates, and file attachments submitted by end users through HTML or JSON form inputs.

Because such materials are uploaded, stored, and routed at the direction of our users, AC Softworks, LLC qualifies for safe harbor immunity under 17 U.S.C. § 512(c). Upon receipt of a legally sufficient notification of claimed infringement that satisfies the statutory requirements of Section 512(c)(3), Backforms acts expeditiously to remove or disable access to the infringing material.

2. Mandatory Statutory Requirements for a Valid Takedown Notice

To be legally effective under 17 U.S.C. § 512(c)(3)(A), a notification of claimed copyright infringement must be submitted in writing (via email or physical mail) to our Designated Copyright Agent and must include substantially the following six (6) elements:

1. Signature: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the Copyrighted Work: Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.
3. Identification of Infringing Material: Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Backforms to locate the material (such as the specific URL, form endpoint ID, or file attachment link).
4. Contact Information: Information reasonably sufficient to permit Backforms to contact the complaining party, including legal name, physical address, telephone number, and an active email address.
5. Good Faith Statement: A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. Accuracy & Perjury Statement: A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

3. Response & Takedown Procedure

Upon receipt of a written notification fulfilling all statutory requirements:

• Expeditious Removal: Backforms will promptly remove or disable access to the identified material (such as deactivating the specific form route or scrubbing the uploaded attachment).
• Notice to Subscriber: Backforms will take reasonable steps to promptly forward a copy of the written notification to the registered user or account holder responsible for the content.
• Right to Counter-Notify: The user will be advised of their statutory right to file a Counter-Notification under Section 512(g).

4. Counter-Notification Procedure & Restoration (17 U.S.C. § 512(g))

If you are a Backforms user and believe that your material was removed or disabled as a result of mistake or misidentification, you may submit a formal Counter-Notification to our Designated Agent.

Pursuant to 17 U.S.C. § 512(g)(3), a valid counter-notification must be in writing and contain:

1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located (or the United States District Court for the District of Colorado if the address is outside the United States), and that the subscriber will accept service of process from the person who provided the takedown notification or an agent of such person.

Restoration Timeline: Upon receiving a compliant counter-notification, Backforms will promptly provide the complaining party with a copy and inform them that the removed material will be replaced within 10 to 14 business days, unless our Designated Agent receives notice from the complaining party that they have filed an action seeking a court order to restrain the subscriber from engaging in infringing activity on Backforms.

5. Policy Concerning Repeat Infringers (17 U.S.C. § 512(i)(1)(A))

In accordance with 17 U.S.C. § 512(i)(1)(A), AC Softworks, LLC has adopted and reasonably implemented an explicit policy of terminating, in appropriate circumstances, the accounts and API routing access of subscribers or account holders who repeatedly infringe or are repeatedly charged with infringing the copyright or intellectual property rights of others. Accounts terminated under this policy forfeit active subscription periods and are permanently barred from creating future form endpoints on Backforms.

6. Misrepresentation & Statutory Damages (17 U.S.C. § 512(f))

Statutory Warning: Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability for any damages, including costs and reasonable attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by Backforms, who is injured by such misrepresentation.