Effective Date: October 28, 2025

PHOCA, LLC (“PHOCA,” “we,” “us,” or “our”) respects intellectual property rights and expects users to do the same. This policy explains how to submit a copyright infringement notice under the Digital Millennium Copyright Act (“DMCA”), how to submit a counter-notice, and our repeat-infringer policy.

1. Scope

This policy applies to content hosted on or transmitted through PHOCA web pages that link to this policy. It does not apply to third-party sites or services we do not control.

2. Designated Contact for DMCA Notices

Email (preferred): info@phocaenergy.com

Subject line: “DMCA Notice” or “DMCA Counter-Notice”

Note: If PHOCA later designates a registered DMCA Agent with the U.S. Copyright Office, we will update this policy with the agent’s name and mailing address.

3. Submitting a DMCA Takedown Notice (17 U.S.C. § 512(c)(3))

To request removal of allegedly infringing material, send a written notice that includes ALL of the following:

a) Your physical or electronic signature.
b) Identification of the copyrighted work you claim is infringed (or a representative list).
c) Identification of the allegedly infringing material and its location on our site (URL(s) sufficient to permit us to locate the material).
d) Your contact information: full name, email address, and (if available) mailing address and telephone number.
e) 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.
f) A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the owner’s behalf.

Send your notice to the contact in Section 2. Incomplete notices may be rejected.

What happens next: If we remove or disable access to the material, we will make a good-faith effort to notify the user who posted it and may forward your notice to that user.

Misrepresentation warning (17 U.S.C. § 512(f)): You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content is infringing.

4. Submitting a DMCA Counter-Notice (17 U.S.C. § 512(g)(3))

If your content was removed due to a DMCA notice and you believe the removal was a mistake or misidentification, you may send a written counter-notice that includes ALL of the following:

a) Your physical or electronic signature.
b) 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 or access was disabled (URL(s)).
c) A statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification.
d) Your contact information: full name, email address, mailing address, and telephone number.
e) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if outside the United States, for the Northern District of California, and that you will accept service of process from the person who filed the original DMCA notice (or that person’s agent).

Send your counter-notice to the contact in Section 2. If we receive a valid counter-notice, we may forward it to the original complainant. Unless the complainant notifies us within 10–14 business days that they have filed a court action seeking to restrain you from engaging in the allegedly infringing activity, we may restore the material.

5. Repeat-Infringer Policy

In appropriate circumstances, it is PHOCA’s policy to terminate or suspend access for users who are determined to be repeat infringers. We may also remove or disable access to content upon receipt of multiple notices related to the same user or account.

6. Reservation of Rights; Non-adjudication

• PHOCA may remove or disable access to content at any time in its discretion and without prior notice.
• We may forward complete notices and counter-notices—including your contact information—to the affected user, to service providers involved in hosting or delivery, and/or to third-party databases such as the Lumen Database for public record.
• PHOCA is not a court and does not adjudicate disputes on ownership, scope of licenses, or fair use. Our actions under the DMCA are without prejudice to any rights, defenses, or remedies of the parties.

7. Notices Unrelated to Copyright

For trademark, privacy, or other legal concerns unrelated to copyright, contact info@phocaenergy.com
with a clear subject line (e.g., “Trademark Notice”). Provide sufficient detail and supporting documentation for evaluation.

8. Updates

We may update this policy from time to time. The Effective Date above reflects the most recent version.