name: DMCA / Copyright & IP Complaints slug: dmca version: 1.0.0 effective_date: TBD-pre-publication last_updated: 2026-05-09
DMCA / Copyright & IP Complaints Policy
In plain English: Copyright takedowns go to dmca@sharefree.org. Counter-notices follow the procedure in 17 U.S.C. §512(g). We operate a 3-strikes-and-you're-out repeat-infringer policy. Trademark, right-of-publicity, NCII (non-consensual intimate imagery), and defamation each have a separate intake address — DMCA covers copyright only. CSAM (child sexual abuse material) goes to the NCMEC CyberTipline and we will preserve evidence and cooperate with law enforcement.
ShareFree ("we," "us," "our") is a peer-to-peer sharing platform based in Texas. We host user-generated content (UGC) — listings, photos, messages, profiles — and we rely on the safe-harbor provisions of the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. §512, for hosted user content. This policy explains how to send us a copyright takedown notice, how a user whose content was removed can file a counter-notice, and how we handle adjacent intellectual-property and safety complaints that fall outside the DMCA.
This policy is incorporated by reference into our Terms of Service and Acceptable Use Policy. For law-enforcement requests, see Law Enforcement Guidelines. For data-subject and privacy requests, see our Privacy Policy.
Note on agent registration: The DMCA designated agent identified in Section 1 must be registered with the U.S. Copyright Office at copyright.gov/dmca-directory before this policy is published. Registration is a statutory prerequisite to safe-harbor protection under 17 U.S.C. §512(c)(2). The placeholders below will be filled prior to the policy's [EFFECTIVE_DATE].
1. Designated Agent for DMCA Notices
ShareFree has designated the following agent to receive notifications of claimed copyright infringement under 17 U.S.C. §512(c):
- Name: [DMCA_AGENT_NAME]
- Title: ShareFree Designated Agent
- Mailing Address: [DMCA_AGENT_ADDRESS]
- Email: dmca@sharefree.org
- Phone: [DMCA_AGENT_PHONE]
This agent has been (or, prior to publication of this policy, will be) registered with the U.S. Copyright Office DMCA Designated Agent Directory in accordance with 17 U.S.C. §512(c)(2) and 37 C.F.R. §201.38. The current registration is searchable at copyright.gov/dmca-directory.
Email is the fastest channel. We monitor dmca@sharefree.org during U.S. business hours, and our agent will acknowledge receipt of a properly-formed notice promptly. Postal notices are accepted but will be processed more slowly.
This address is for DMCA copyright notices only. Notices about trademarks, defamation, privacy, NCII, right-of-publicity, account access, or general support will not be processed if sent to this address — please use the appropriate intake address listed in Sections 6 and 7 of this policy. Misdirected notices may be discarded without response.
2. Filing a DMCA Takedown Notice (17 U.S.C. §512(c)(3))
If you are a copyright owner (or an agent authorized to act on behalf of one) and you believe in good faith that material accessible on ShareFree infringes a copyright you own or control, you may submit a DMCA takedown notice. To be effective under 17 U.S.C. §512(c)(3)(A), your notice must include all of the following elements:
(a) Signature. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work. Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of those works is acceptable.
(c) Identification of the infringing material. Identification of the material claimed to be infringing or to be the subject of infringing activity, with information reasonably sufficient to permit ShareFree to locate the material — for example, the listing URL or listing ID, the message ID, or the profile URL, together with a description of the specific portion of the listing or post (text, photo number, etc.) that is alleged to infringe.
(d) Contact information. Information reasonably sufficient to permit us to contact you: full legal name, mailing address, telephone number, and email address.
(e) Good-faith statement. A statement that you have 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.
(f) Accuracy and authority statement, under penalty of perjury. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Submit your notice to dmca@sharefree.org. Postal submissions may be sent to the address in Section 1.
What we will do
Upon receipt of a notice that substantially complies with the §512(c)(3)(A) requirements, we will:
- Remove or disable access to the identified material expeditiously.
- Notify the user who posted the material that it was removed pursuant to a DMCA notice.
- Forward a copy of the notice (including the complainant's name and contact information) to the user, unless ordered otherwise by a court. By submitting a notice you consent to your identity and contact details being shared with the user whose content is targeted.
- Preserve the removed material for at least 14 days to permit a counter-notice and any required restoration under §512(g).
- Apply a strike to the posting user's account under our repeat-infringer policy (Section 4). Strikes are reversible only by a successful counter-notice that results in restoration without a court order.
Non-conforming notices
We will not act on, and reserve the right to discard without response, any notice that:
- Is missing one or more of the §512(c)(3)(A) elements;
- Identifies content too vaguely to locate (e.g., "all my photos are on your site somewhere");
- Is automated, bulk, or bot-generated in a way that does not reflect human review of each item;
- Targets content that is plainly fair use, public-domain, your own original posting, or a non-copyrightable element (facts, ideas, short phrases);
- Is sent to the wrong intake address (see Sections 6 and 7).
We may, but are not required to, contact the sender and request a corrected notice. Failure to comply with §512(c)(3)(A) means the notice does not trigger our removal obligations under the safe harbor — though we may still act under our Acceptable Use Policy at our discretion.
3. Filing a Counter-Notice (17 U.S.C. §512(g))
If you are a ShareFree user whose content was removed pursuant to a DMCA notice, and you believe in good faith that the content was removed as a result of mistake or misidentification of the material, you may submit a counter-notice. To be effective under 17 U.S.C. §512(g)(3), your counter-notice must include all of the following:
(a) Signature. Your physical or electronic signature.
(b) Identification of the removed material. Identification of the material that was removed or to which access was disabled, and the location at which the material appeared before it was removed (e.g., the listing URL or listing ID).
(c) Good-faith statement, under penalty of perjury. A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(d) Consent to jurisdiction and service. Your full legal name, mailing address, and telephone number, together with a statement that you consent to the jurisdiction of:
- The U.S. District Court for the federal judicial district in which your address is located, if your address is in the United States; or
- The U.S. District Court for the Northern District of Texas, if your address is outside the United States;
and a statement that you will accept service of process from the person who submitted the original notification under §512(c)(3) (or that person's authorized agent).
Submit your counter-notice to dmca@sharefree.org.
What we will do
Upon receipt of a counter-notice that substantially complies with §512(g)(3), we will:
- Promptly forward a copy of the counter-notice (including your contact information) to the original complainant. By submitting a counter-notice you consent to your identity and contact information being disclosed to the complainant.
- Inform the complainant that we will restore the material in 10 to 14 business days.
- Restore the material within that 10-to-14-business-day window unless the original complainant first notifies us that they have filed an action seeking a court order to restrain the user from infringing activity related to the material.
If the complainant files such an action and notifies us with documentary evidence (e.g., a stamped court filing) within the window, the material will remain disabled pending the outcome of that action.
Important notes on counter-notices
- A counter-notice is a legal document with real consequences. By filing it you are submitting to U.S. federal-court jurisdiction and consenting to be sued by the complainant.
- Filing a counter-notice in bad faith — for example, to restore content you know is infringing — exposes you to liability under §512(f) (see Section 5) including the complainant's damages and attorneys' fees.
- A successful counter-notice that results in restoration removes the associated strike from your account.
- If you are unsure whether a counter-notice is the right step, consult an attorney. ShareFree cannot give you legal advice.
4. Repeat Infringer Policy
In accordance with 17 U.S.C. §512(i)(1)(A), ShareFree has adopted and reasonably implements a policy providing for the termination, in appropriate circumstances, of users who are repeat infringers of intellectual property rights. This section is the published version of that policy.
Strike system
We track copyright (and analogous IP) strikes on a per-account basis:
- Strike 1: Content removal plus a written warning to the user explaining the basis of the strike, the policy, and the consequences of further strikes.
- Strike 2: Content removal plus a 30-day account suspension. During suspension the user may not post listings, send messages, or claim items.
- Strike 3: Permanent termination of the account, including:
- Forfeiture of any pending listings, claims, or credits;
- Device-fingerprint and signal-based deny-listing to deter and detect re-registration under a new email; and
- A bar on creating new ShareFree accounts. Any successor account discovered through fingerprint, IP, behavioral, or identity signals is subject to immediate termination.
Strike accounting rules
- A strike is recorded when ShareFree removes content in response to a substantially compliant DMCA notice (or an analogous trademark, right-of-publicity, or other IP notice that we accept and act upon).
- A strike that results from a notice withdrawn by the complainant is removed.
- A strike that is successfully reversed by a counter-notice — meaning the content was restored without a court order — is removed.
- Strikes do not expire. They are tracked across the entire lifetime of the account, including periods of inactivity.
- Multiple takedowns arising from a single notice count as a single strike, even where the notice identifies many items.
- Multiple takedowns arising from separate notices on the same day may, at our discretion, be counted as a single strike where the underlying conduct is a single course of action — but we are not required to do so.
Final-strike review and discretion
The decision to apply a final strike and terminate an account is made at ShareFree's sole discretion. We may apply a strike, suspension, or termination earlier than the schedule above where the conduct is egregious — for example, a user who uploads the same infringing photo dozens of times across multiple listings, or who responds to a takedown by re-uploading the same material under a new title.
We do not entertain strike-removal requests outside the counter-notice process. Requests to "appeal" a strike that was not the subject of a counter-notice will not be reviewed. The counter-notice procedure in Section 3 is the exclusive mechanism for contesting a strike.
Coordination with other policies
A user who is permanently terminated under this repeat-infringer policy is also barred under our Acceptable Use Policy and Terms of Service. Re-registration after a permanent termination is a separate Terms violation independent of any new IP issue.
5. Misrepresentation Warning (17 U.S.C. §512(f))
Filing a false DMCA notice or counter-notice is a federal offense.
Section 512(f) of the DMCA imposes liability on any person who knowingly materially misrepresents:
- That material or activity is infringing (in a takedown notice under §512(c)(3)); or
- That material was removed or disabled by mistake or misidentification (in a counter-notice under §512(g)(3)).
A person who makes such a misrepresentation shall be liable for any damages, including costs and attorneys' fees, incurred by:
- The alleged infringer;
- Any copyright owner or copyright owner's licensee; or
- A service provider — including ShareFree — who is injured by the misrepresentation as a result of relying upon it in removing or disabling material, or in replacing it.
ShareFree may pursue its own §512(f) damages against senders of abusive notices or counter-notices. Senders who use DMCA process to harass competitors, suppress criticism, retaliate against ex-partners, or extract leverage in unrelated disputes are misusing the statute and we will treat such conduct accordingly.
In addition to statutory remedies, we may revoke reporting and notice privileges from any user or rightsholder who develops a pattern of bad-faith filings — analogous to the reporter-trust system described in our Acceptable Use Policy. Once revoked, future notices from that sender may be discarded without response unless and until the privilege is restored.
We strongly recommend that any rightsholder who is unsure whether a particular use is infringing — particularly where fair use, parody, criticism, news reporting, or transformative use may be at issue — consult counsel before filing. The Supreme Court's decision in Lenz v. Universal Music Corp. requires a copyright holder to consider fair use in good faith before issuing a takedown.
6. Trademark Complaints (Lanham Act and State Law)
The DMCA covers copyright only. It does not apply to trademarks. If you believe a ShareFree listing or user infringes a trademark you own — for example, counterfeit goods, unauthorized use of a brand name, a confusingly similar mark, or false designation of origin under the Lanham Act (15 U.S.C. §§1114, 1125) — please submit a separate notice to:
A complete trademark complaint should include:
- The trademark at issue, the registration number (USPTO or other registry) and jurisdiction, or the basis for any common-law rights claimed;
- The goods or services for which the mark is registered or used;
- Identification of the listing(s) or content at issue, with URLs or listing IDs;
- A description of how the use is infringing or likely to cause consumer confusion, dilution, or false designation of origin;
- Your contact information (name, address, phone, email);
- A good-faith statement that the use complained of is not authorized by you, your agent, or the law; and
- A signed statement, under penalty of perjury, that the information is accurate and that you are the trademark owner or authorized to act on the owner's behalf.
We review trademark complaints under the standards of the Lanham Act and applicable state law. Because trademark analysis is fact-intensive (likelihood of confusion, fair/nominative use, first-sale doctrine, used-goods exception), we may request additional information before acting, and we may decline to act on complaints that are conclusory or that target lawful resale of genuine goods.
Counterfeit goods are independently prohibited under our Acceptable Use Policy (Prohibited Listings — counterfeits, replicas, fakes). We may remove suspected counterfeits at our discretion independent of any trademark notice, and a trademark complaint is not required to trigger that review.
7. Right of Publicity, Image Rights, NCII, Defamation, and Privacy
These complaints are not DMCA matters and have separate intake addresses and procedures. Sending them to dmca@sharefree.org will delay handling.
7.1 Right of publicity / unauthorized use of name or likeness
Texas recognizes a statutory right of publicity for living and deceased persons (Tex. Prop. Code §26.001 et seq.) and a common-law right of publicity. Other states have parallel statutes. If a ShareFree listing, photo, or post uses your name, image, voice, signature, or likeness without authorization for commercial purposes, email:
Include: identification of the content (URL or listing ID), your relationship to the depicted person (self / authorized representative / estate), the jurisdiction whose right-of-publicity law you are invoking, the basis of your claim, and a sworn statement of accuracy.
7.2 Non-consensual intimate imagery (NCII)
Email safety@sharefree.org. Subject line: "NCII REPORT — URGENT."
NCII — sometimes called "revenge porn" or non-consensual pornography — is the highest-priority safety category other than CSAM. We treat NCII reports differently from other IP claims:
- Verification is minimal. A statement from the depicted person (or an authorized representative) that the imagery was shared without their consent is sufficient to trigger removal.
- We err strongly toward removal. Where there is any reasonable doubt, the content comes down first and the dispute is resolved afterward.
- We preserve the material under seal for law enforcement and may report to relevant authorities under applicable federal and state NCII laws (including the federal SHIELD Act, 18 U.S.C. §1801 where applicable, and state laws including Texas Penal Code §21.16).
- No counter-notice process applies to NCII. The DMCA §512(g) counter-notice procedure is for copyright disputes and has no role here. Restoration is at our discretion only after the depicted person consents.
- We will not require the reporting person to identify themselves to the uploader.
7.3 Defamation
Email legal@sharefree.org.
Please note: ShareFree is generally protected from liability for user-generated content under §230 of the Communications Decency Act, 47 U.S.C. §230(c)(1). We generally do not remove content based on defamation claims absent a court order finding the content defamatory. Sending us a defamation complaint:
- Does not obligate us to remove the content;
- Does not waive our §230 protections;
- Will result in the complaint being reviewed under our community policies (which independently prohibit harassment, doxxing, and similar conduct — see Acceptable Use Policy); and
- May, at our discretion, be forwarded to the user who posted the content.
If a court has issued an order finding specific content defamatory, please attach a copy. We will give such orders prompt and serious consideration, subject to the safeguards against forged or fraudulent orders described in our Law Enforcement Guidelines.
7.4 Privacy and personal-data takedown (non-DMCA)
For requests to remove personal data, exercise data-subject rights (access, deletion, correction, portability), or invoke state-law privacy procedures (CCPA/CPRA, VCDPA, CPA, CTDPA, UCPA, and others), email privacy@sharefree.org. See our Privacy Policy for the full data-subject rights procedure, verification standards, and response windows.
8. CSAM — Child Sexual Abuse Material
Zero tolerance. ShareFree does not host, tolerate, or permit any depiction of minors in sexual or exploitative contexts under any circumstances. CSAM is a federal crime to create, possess, distribute, or receive (18 U.S.C. §§2251, 2252, 2252A).
If you encounter CSAM on ShareFree
- Report it to the NCMEC CyberTipline immediately. This is the U.S. national clearinghouse for CSAM reports.
- Phone: 1-800-843-5678
- Web: report.cybertip.org
- Email us at safety@sharefree.org with the listing ID/URL and any relevant context. Subject line: "CSAM REPORT — URGENT."
- Do not download, save, screenshot, or forward the content. Possession of CSAM — even for the purpose of reporting — is itself a federal offense for ordinary users. Reporting the URL and listing ID is sufficient. Leave preservation of the material to ShareFree and to NCMEC.
What ShareFree does
When we identify CSAM on the platform — through a user report, an internal review, an automated detection signal, or notice from law enforcement — we:
- Remove the content immediately and disable the listing, message, or profile that hosted it;
- Preserve the content and associated metadata under 18 U.S.C. §2258A in a manner that maintains evidentiary integrity, restricts access to a minimum-necessary set of personnel, and follows NCMEC and law-enforcement guidance;
- Report to NCMEC via the CyberTipline as required by §2258A, including the content, account, IP, device, and other information specified by the statute;
- Permanently ban the account and add device-fingerprint, signal-based, and identity-based deny-listing to deter and detect re-registration;
- Preserve account, listing, message, payment, and metadata records for law enforcement, in compliance with §2258A(h) preservation requirements (90 days, extendable on request);
- Provide records to law enforcement under proper legal process (subpoena, court order, or warrant as appropriate to the data type — see Law Enforcement Guidelines); and
- In imminent-harm cases, voluntarily provide records to law enforcement under 18 U.S.C. §2702(b)(8) (emergency disclosure exception) where we believe in good faith that an emergency involving danger of death or serious physical injury requires disclosure without delay.
No user notice
This is the only category of takedown in this policy where ShareFree may proactively engage law enforcement without notice to the affected user, and where we may decline to forward the report or reporter information to the uploader. Anti-tipping-off is required by §2258A and by law-enforcement protocol.
Reporters
We do not forward reporter identity to the uploader. A person who reports CSAM in good faith is shielded by §2258B from civil liability arising from the report.
Cross-references
Changes to this policy
We may update this policy to reflect changes in law, our practices, or our services. The current version is always available at this URL. Material changes will be communicated through in-product notice or email. The version and last_updated fields in the frontmatter above reflect the current revision.
If you have questions about this policy that are not themselves a takedown notice, counter-notice, or other complaint, you may email legal@sharefree.org. Please do not use that address for DMCA notices — use dmca@sharefree.org as specified in Section 1.