Repeat Infringer Policy

Internal Policy Document Aquaduct Data Strategies LLC Last Updated: 2026-04-08 Status: Draft

Purpose

This document establishes the repeat infringer termination policy required for DMCA safe harbor protection under 17 U.S.C. § 512(i). This policy applies to all Aquaduct Data Strategies products that host user-generated content or user accounts.

Critical: Without implementation of this policy, DMCA registration alone does NOT provide safe harbor protection.

Scope

This policy applies to:

Product	UGC Types	Applies
Runner’s Review	Reviews, comments, photos, user profiles	Yes
Aquaduct Cascade	User accounts, data submissions	Yes
Biased Bites	Reviews, comments, photos, user profiles	Yes (when launched)

Definitions

Repeat Infringer: A user who has received two or more valid DMCA takedown notices resulting in content removal.

Valid Takedown Notice: A DMCA notification that meets all requirements of 17 U.S.C. § 512(c)(3) and results in content removal.

Strike: A record of a valid DMCA takedown against a user account.

Appropriate Circumstances: Circumstances in which termination is warranted, including but not limited to: multiple valid takedown notices, pattern of infringement, circumvention of prior restrictions, or particularly egregious infringement.

Strike System

Strike Thresholds

Strike Count	Status	Actions Taken
0	Good standing	Full account privileges
1	Warning	Content removed; email warning sent; strike recorded
2	Restricted	Content removed; email warning sent; account restricted 7 days; strike recorded
3+	Terminated	Account permanently terminated; user banned

Strike Recording

For each strike, record:

Strike Record Schema
--------------------
strike_id:          UUID
user_id:            [User account identifier]
dmca_notice_id:     [Reference to takedown notice]
content_removed:    [Description/URL of removed content]
strike_date:        [ISO 8601 timestamp]
notice_received:    [ISO 8601 timestamp]
notice_validated:   [ISO 8601 timestamp]
user_notified:      [ISO 8601 timestamp]
counter_filed:      [boolean]
counter_date:       [ISO 8601 timestamp, if applicable]
counter_outcome:    [upheld | withdrawn | court_action]
strike_status:      [active | removed | expired]

Strike Persistence

Strikes are permanent and do not expire
Strikes are NOT removed by passage of time
Strikes are NOT removed by filing a counter-notification (unless original notice is withdrawn by complainant)
Strike records are retained for 7 years after account termination

Enforcement Actions

First Strike

Remove infringing content immediately (within 24 hours of notice validation)
Send warning email to user:

Subject: DMCA Notice - Content Removed from [Product Name]

Dear [User],

We received a DMCA takedown notice regarding content you posted on [Product Name].
In accordance with the Digital Millennium Copyright Act, we have removed the following content:

[Content description/URL]

This is your FIRST strike. Our repeat infringer policy is as follows:
- First strike: Warning (this notice)
- Second strike: 7-day account restriction
- Third strike: Permanent account termination

If you believe this content was removed in error, you may file a counter-notification.
See our DMCA policy at [URL] for details.

Aquaduct Data Strategies LLC

Record strike in user account

Second Strike

Remove infringing content immediately
Restrict account for 7 days:
- Disable posting of new content
- Disable profile editing
- Maintain read-only access
Send warning email:

Subject: DMCA Notice - Second Strike - Account Restricted

Dear [User],

We received another DMCA takedown notice regarding content you posted on [Product Name].
This is your SECOND strike.

Your account has been restricted for 7 days. During this time, you cannot:
- Post new content
- Edit your profile
- Upload images

A THIRD strike will result in permanent termination of your account.

[Content description/URL]

If you believe this content was removed in error, you may file a counter-notification.
See our DMCA policy at [URL] for details.

Aquaduct Data Strategies LLC

Record strike in user account

Third Strike (Termination)

Remove infringing content immediately
Terminate account permanently:
- Disable login
- Remove all user-generated content
- Revoke API access (if applicable)
- Add email/identifier to banned users list
Send termination notice:

Subject: DMCA Notice - Account Terminated

Dear [User],

We received a third DMCA takedown notice regarding content you posted on [Product Name].

In accordance with our repeat infringer policy, your account has been permanently terminated.

- All your content has been removed
- You may not create a new account
- This action is final

If you believe this termination was in error, you may contact legal@aquaductdata.com.

Aquaduct Data Strategies LLC

Record termination in compliance log
Add identifiers to ban list (email, device ID if available)

Counter-Notification Handling

Counter-Notification Received

When a user files a valid counter-notification:

Do NOT remove the strike immediately
Forward counter-notification to original complainant within 24 hours
Inform complainant of 10-14 business day restoration timeline
Set calendar reminder for day 10

Counter-Notification Outcomes

Outcome	Strike Status	Action
Complainant withdraws	Strike removed	Restore content; notify user
Complainant files court action	Strike remains	Do not restore; notify user
14 days pass, no court action	Strike removed	Restore content; notify user
Counter-notification invalid	Strike remains	Notify user of deficiency

Ban Evasion

Users who attempt to circumvent termination by creating new accounts are subject to:

Immediate termination of new account(s)
No strikes required — single violation of ban is sufficient
Potential legal action for repeated circumvention

Detection Methods

Email address matching
Device fingerprinting (where legally permitted)
Payment method matching
Behavioral analysis

Implementation Requirements

Database Schema

Each product must implement:

-- User strikes table
CREATE TABLE user_dmca_strikes (
    id              UUID PRIMARY KEY,
    user_id         UUID NOT NULL REFERENCES users(id),
    dmca_notice_id  UUID NOT NULL REFERENCES dmca_notices(id),
    content_url     TEXT,
    content_desc    TEXT,
    strike_date     TIMESTAMP NOT NULL,
    strike_status   VARCHAR(20) DEFAULT 'active',
    created_at      TIMESTAMP DEFAULT NOW(),
    updated_at      TIMESTAMP DEFAULT NOW()
);

-- Banned users table
CREATE TABLE banned_users (
    id              UUID PRIMARY KEY,
    email           VARCHAR(255),
    device_id       VARCHAR(255),
    ban_reason      TEXT,
    original_user_id UUID REFERENCES users(id),
    banned_at       TIMESTAMP DEFAULT NOW()
);

-- Index for quick lookup
CREATE INDEX idx_user_strikes ON user_dmca_strikes(user_id, strike_status);
CREATE INDEX idx_banned_email ON banned_users(email);

API Endpoints

Products should implement internal endpoints:

POST   /internal/dmca/strikes          -- Record new strike
GET    /internal/dmca/strikes/:userId  -- Get user strike count
POST   /internal/dmca/terminate/:userId -- Terminate user
GET    /internal/dmca/banned/:email    -- Check if email is banned

Audit Logging

All strike-related actions must be logged:

{
    "timestamp": "2026-02-04T12:00:00Z",
    "action": "strike_recorded",
    "user_id": "uuid",
    "strike_number": 1,
    "dmca_notice_id": "uuid",
    "actor": "system",
    "ip_address": null
}

Logs retained for 7 years.

Compliance Verification

Quarterly Audit

Review the following quarterly:

All strikes properly recorded with complete metadata
All users at 3+ strikes have been terminated
Ban list is being enforced on new registrations
Counter-notification outcomes properly tracked
Audit logs complete and accessible

Annual Review

Policy reviewed for legal compliance
Strike thresholds evaluated for appropriateness
Implementation tested end-to-end
Staff training completed (if applicable)

Legal Basis

This policy is required by 17 U.S.C. § 512(i)(1)(A):

“The limitations on liability established by this section shall apply to a service provider only if the service provider—

(A) has adopted and reasonably implemented, and informs subscribers and account holders of the service provider’s system or network of, a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the service provider’s system or network who are repeat infringers”

Key requirements satisfied:

Adopted — This written policy
Reasonably implemented — Strike system with enforcement
Informs subscribers — Policy referenced in Terms of Service and DMCA policy
Termination in appropriate circumstances — Third strike = termination
Repeat infringers — Users with multiple valid takedown notices

Change Log

Date	Author	Change
2026-02-04	Diego Lafuente	Initial draft