Home » DMCA

DMCA

by Elchavo

Digital Millennium Copyright Act (“DMCA”) Policy

Welcome to Stwarn (https://stwarn.com), operated under the direction of CEO J. Torres, Penuelas, Puerto Rico, USA. Stwarn (“we,” “us,” “our,” or “the Website”) is committed to upholding intellectual property rights in the online environment and seeks to comply in good faith with the United States Digital Millennium Copyright Act (DMCA) and all other applicable U.S. copyright laws and standards.

The DMCA protects both copyright owners and legitimate service providers. If you believe your copyright-protected work has been posted or otherwise made available through Stwarn in a way that constitutes copyright infringement, or if you have a good faith belief that your intellectual property rights have been otherwise violated, you may notify us in accordance with the procedures described below.

This DMCA Policy (the “Policy”) explains your rights, our responsibilities, the procedures for submitting a DMCA notice or counter-notice, and our process for handling such claims. By accessing and using Stwarn, you agree to the terms and notification procedures described here and in our Terms and Conditions.

Table of Contents

  1. Purpose and Scope of Stwarn’s DMCA Policy
  2. What Is Copyright?
  3. What Is the DMCA (Digital Millennium Copyright Act)?
  4. Designated Agent—How to Contact Us for DMCA Notices
  5. Notification of Copyright Infringement (Takedown Notice/DMCA Notice)
  6. Submitting a Valid DMCA Takedown Notice
  7. What Happens After You Submit a DMCA Notice?
  8. Counter-Notification (Restoration Request)
  9. Submitting a Valid Counter-Notice
  10. Repeat Infringer Policy
  11. Misrepresentations and Abuse of DMCA Process
  12. Third-Party Content, Safe Harbor, and Stwarn’s Rights
  13. Removal of Content and Restoration Timelines
  14. Request for Further Information/Clarification
  15. User Contributions, Fair Use, and DMCA
  16. Intellectual Property Policy for User-Generated Content
  17. Impact of Filing a DMCA Notice—Legal Consequences and Good Faith
  18. Stwarn Copyright Ownership and License
  19. Affiliates, Partners, and Linked Content
  20. Resources for Copyright Holders
  21. Record-Keeping, Privacy & Confidentiality
  22. Notification to Account Holder(s)
  23. International Copyright Rights – Non-U.S. Claimants
  24. How Stwarn Educates and Trains Staff
  25. Accessibility and Language
  26. Policy Changes and Updates
  27. Contact Information and Further Help
  28. Additional Legal Links and Resources
  29. Address

1. Purpose and Scope of Stwarn’s DMCA Policy

This Policy applies to all copyrighted works and intellectual property displayed, uploaded, published, linked, or otherwise transmitted through Stwarn’s digital properties, including but not limited to:

  • https://stwarn.com
  • All related subdomains, blog articles, guides, checklists, resources, downloads, or user-generated comments.

It governs the process by which copyright holders may request removal of allegedly infringing content, as well as the procedures for users or account holders to respond if they believe their content was wrongly removed.

This Policy is part of, and should be read together with, our site’s core documents:

Copyright is a set of exclusive legal rights automatically granted to creators over their original works fixed in a tangible medium of expression—such as writings, images, music, software code, videos, and more.

Copyright gives owners the right to control:

  • Reproduction (copying)
  • Distribution (sales or transfers)
  • Display or performance (public or online use)
  • Creation of derivative works (adaptations, translations, etc.)

Not all content is copyrightable (e.g., facts, ideas, titles), and some works qualify as public domain or are used under “fair use.” Only the lawful owner or exclusive licensee may enforce copyright. Copyright protection arises automatically, but in the U.S., registration with the U.S. Copyright Office provides additional legal benefits.

3. What Is the DMCA?

The Digital Millennium Copyright Act of 1998 (“DMCA”) is a U.S. federal law that addresses copyright infringement on the Internet. Among its key provisions:

  • DMCA Section 512 (“Safe Harbor”) limits liability for online service providers who comply with notice-and-takedown requirements and respond promptly to valid requests.
  • The law specifies how copyright owners may formally notify a provider, such as Stwarn, of alleged infringement.
  • The DMCA also allows users to submit counter-notices if they believe content is wrongly taken down.
  • Penalties for misrepresentation—including both false takedown requests and frivolous counter-notices—are provided.

For more, see: U.S. Copyright Office: DMCA

4. Designated Agent—How to Contact Us for DMCA Notices

In accordance with the DMCA, Stwarn designates the following agent to receive legal notices of alleged copyright infringement:

Stwarn DMCA Agent
(J. Torres, CEO)
Stwarn (J. Torres)
HC 1 Box 8273
Penuelas, PR 00624
Email: dmca@stwarn.com

All DMCA notices and counter-notices must be submitted in writing, either by email (preferred and fastest method) or by mail (for official/legal use only).

Do not send DMCA notifications to any other email (such as contact@stwarn.com, support@stwarn.com, etc.) unless you are unable to use the DMCA address.

If you are the copyright owner, or an agent duly authorized to act on behalf of the owner, and believe that your copyrighted work has been used or broadcasted through Stwarn’s site or services without authorization in a manner that constitutes copyright infringement, you are required to send our Designated Agent a written notification.

To be effective under the DMCA, your notification (the “Takedown Notice” or “DMCA Notice”) must include substantially all of the following information (see Section 6 below).

6. Submitting a Valid DMCA Takedown Notice

Your written notification must include:

  1. A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of those works.
  3. Identification of the specific material that is claimed to be infringing or subject to infringing activity and that is to be removed or disabled, and information reasonably sufficient to permit us to locate the material (including URL, screenshot, or unique identifier).
  4. Your contact information: name, address, telephone number, and email address.
  5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  6. A statement, under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Example of required legal statement:
“I have a good faith belief that the use of the copyrighted material described above in the manner complained of is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner.”

Signed [insert your legal/electronic signature and date].

Send all complete DMCA Notices to:
dmca@stwarn.com
or
Stwarn (J. Torres), HC 1 Box 8273, Penuelas, PR 00624, USA.

7. What Happens After You Submit a DMCA Notice?

  • Our Designated Agent will promptly acknowledge receipt of your DMCA Notice (typically within 2–5 business days).
  • We will review the claim to confirm all necessary elements are included (see Section 6).
  • If valid, we will take down, disable, or block access to the material identified as allegedly infringing.
  • We will notify the content poster or user associated with the disputed material and provide them with a copy of your DMCA Notice.
  • The user may submit a “Counter-Notification” if they believe the material was removed in error (see Section 8).
  • Stwarn complies with legal Safe Harbor requirements and will not restore public access until the DMCA process is complete.

8. Counter-Notification (Restoration Request)

If you are a Stwarn user, content creator, or author and believe your content or material was removed in error—because you have the rights, are relying on fair use, or have the necessary permissions—you may send us a “Counter-Notice.”

Your Counter-Notice must comply fully with the DMCA and include all elements outlined in Section 9.

9. Submitting a Valid Counter-Notice

Your written Counter-Notification must include:

  1. Your name, address, telephone number, and email address.
  2. Identification of the content (by URL, description, or other means) that was removed, and the specific location(s) at which the material appeared before removal.
  3. A statement, under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification.
  4. A statement that you consent to the jurisdiction of the Federal District Court for the district in which your address is located (or Penuelas, Puerto Rico, if your address is outside the United States), and will accept service of process from the party who submitted the DMCA complaint or that party’s agent.
  5. Your physical or electronic signature.

Example of legal statement:
“I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification. I consent to the jurisdiction of the Federal District Court for Puerto Rico, and will accept service of process from the person who provided the DMCA notification or their agent.”

Signed [insert your legal/electronic signature and date].

Send all counter-notices to:
dmca@stwarn.com
or by mail to the above legal address.

Upon receipt of a complete Counter-Notice, Stwarn will:

  • Promptly inform the original claimant.
  • Reinstate the material within 10–14 business days unless we receive formal notice that legal action has been filed to restrain reinstatement.

10. Repeat Infringer Policy

In compliance with Section 512(i)(1)(A) of the DMCA, Stwarn will, in appropriate circumstances, terminate account access or privileges of users, contributors, or account holders determined to be repeat infringers.

Repeat Infringer Definition:
A “repeat infringer” is any user who has been the subject of two or more valid takedown notices submitted in good faith, and for which counter-notices (if any) have not resulted in content restoration.

Process:

  • Accounts receiving multiple valid infringement notices may be suspended or permanently disabled.
  • Determination is at Stwarn’s sole discretion and will be handled consistent with legal and policy mandates.
  • Users may appeal an account’s repeat infringer designation by written request to dmca@stwarn.com.

11. Misrepresentations and Abuse of DMCA Process

The DMCA establishes penalties for sending false or bad faith notices and counter-notices:

  • Do NOT file a DMCA complaint or counter-notice unless you have a genuine, good faith belief and the legal right to make it.
  • Filing false or abusive notices is subject to perjury and damages (see 17 U.S.C. § 512(f)).
  • Stwarn reserves the right to pursue remedies against misuse of this process.

12. Third-Party Content, Safe Harbor, and Stwarn’s Rights

Stwarn is a provider of information and resources related to weather alerts, preparedness guides, emergency checklists, community interaction (such as blog comments or guest posts), and more. We may not, and often cannot, independently review every piece of content uploaded or posted by our users.

Under the DMCA’s “Safe Harbor” provisions, Stwarn is not liable for infringing material posted by third parties provided:

  • We act promptly on proper notice.
  • We follow appropriate takedown and restoration procedures.
  • We monitor and enforce repeat infringer policies.

Stwarn reserves all rights with respect to content management, discretionary removal, and user privileges.

13. Removal of Content and Restoration Timelines

Upon receiving a valid takedown notice:

  • Stwarn will act expeditiously to remove or disable access to the identified material.
  • We will confirm removal via email to both complainant and affected user, with reference to the DMCA complaint.
  • Restoration may take place within 10–14 business days of a complete and valid counter-notice, if no legal action is filed.

In all cases, Stwarn makes good faith efforts to promptly comply with the law while balancing the rights of all parties.

14. Request for Further Information/Clarification

If your DMCA notice is incomplete, unclear, or lacks required details, Stwarn will:

  • Respond to the sender requesting the missing or corrected information.
  • Suspend action until the notification is complete.

We appreciate prompt and professional communication from all parties.

15. User Contributions, Fair Use, and DMCA

Stwarn recognizes the importance of “fair use,” which permits certain uses of copyrighted content without permission, such as criticism, commentary, news reporting, research, teaching, and scholarship (17 U.S.C. § 107).

If you rely on fair use or a similar doctrine, explain the legal and factual basis in your counter-notice.
Despite fair use, Stwarn, as a neutral service provider, is usually required to remove content upon valid notice, unless and until restoration procedures are completed.

16. Intellectual Property Policy for User-Generated Content

All users, contributors, and visitors to Stwarn must agree to:

  • Only submit, upload, or post original content or content you have the right to use, share, or license.
  • Respect copyright and intellectual property rights of others.
  • Accept removal and suspension policies for DMCA violations.

For more on our User Content Policy, refer to our Terms and Conditions.

17. Impact of Filing a DMCA Notice—Legal Consequences and Good Faith

Filing a DMCA notice or counter-notice is a serious legal act and may affect rights, site content, and user accounts on Stwarn.

  • Both copyright owners and responding parties must affirm statements under penalty of perjury.
  • All parties are encouraged to consult an attorney regarding their legal rights and obligations before submitting notices.
  • False statements can result in liability for damages, expenses, and attorney’s fees.

All content created directly by or for Stwarn, including text, logo designs, guides, checklists, resource lists, service content, web design, and programming, is the intellectual property of J. Torres and Stwarn, unless otherwise indicated. This content is protected under U.S. and international copyright law.

We clearly label content offered under Creative Commons, government/public domain, or licensed third-party agreements.

19. Affiliates, Partners, and Linked Content

Content on Stwarn may include material from affiliates, government agencies, business partners, or links to external websites, including:

If you wish to report infringement for affiliate, advertiser, or third-party sourced material linked from Stwarn, you may also need to contact the content originator as per their published DMCA process.

For copyright owners and their agents:

Always retain originals and proofs of your work to verify authorship and rights.

21. Record-Keeping, Privacy & Confidentiality

All data and correspondence regarding DMCA notices, counter-notices, and related communications will be kept in accordance with our Privacy Policy and applicable law:

  • We may share information with the alleged infringer, legal authorities, attorneys, or courts when required by law.
  • We maintain confidentiality unless the law requires us to disclose specific details..

22. Notification to Account Holder(s)

When we disable or remove content in response to a DMCA notice, Stwarn notifies the uploader or account holder using the contact information on file. The notification will include the substance of the takedown request and inform the user of their rights and next steps.

23. International Copyright Rights – Non-U.S. Claimants

Stwarn is a U.S.-based service, headquartered in Puerto Rico, a U.S. territory. For parties located outside the United States:

  • The same procedures apply, consistent with “safe harbor” and U.S. federal law.
  • Write all notices in English. We will handle legal proceedings in either the United States District Court or a court in Puerto Rico.
  • Please consult local counsel or a qualified DMCA agent if you require translation, adaptions, or assistance.

24. How Stwarn Educates and Trains Staff

Stwarn trains all team members, moderators (if any), and technology partners regularly on intellectual property rights, DMCA requirements, and our procedures for handling copyright complaints. Stwarn takes compliance seriously.

25. Accessibility and Language

If you require a large-print, accessible, or differently formatted version of this DMCA Policy, or need assistance because of a disability, please email support@stwarn.com or dmca@stwarn.com.

26. Policy Changes and Updates

Stwarn reserves the right to update, revise, or supplement this DMCA Policy at any time to reflect evolving laws, best practices, platform changes, or operational needs. The “Last updated” date at the top of this policy will reflect the most recent version. We encourage visitors and users to review this page regularly.

Continued use of Stwarn after any change constitutes your acceptance of the updated DMCA Policy.

27. Contact Information and Further Help

For copyright issues, DMCA notices, counter-notices, repeat infringer questions, or copyright educational requests, please contact:

Do not send urgent DMCA notifications via physical mail without prior email notice.

28. Additional Legal Links and Resources

29. Address

For legal correspondence and official DMCA matters:

Stwarn (J. Torres)
HC 1 Box 8273
Penuelas, PR 00624
USA

Stwarn applies all USA copyright laws. This DMCA Policy fully describes the takedown/counter-notice process, rights, and protections. By accessing Stwarn, you consent to the processes described here and in related legal policies. For questions, email dmca@stwarn.com.

Last Updated: June 12, 2025

Was this article helpful?
Yes0No0
© 2025 Stwarn.com – All Right Reserved.

This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Accept Read More

Close

Adblock Detected

Please support us by disabling your AdBlocker extension from your browsers for our website.