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What you (especially gideongallery) don't seem to understand is that DMCA and safe harbor is about infringements and liability thereof only. That and the procedures don't affect other laws and defense (that is also pointed out in DMCA), nor does it prevent you from enforcing other terms. You can run a service with both safe harbor and other rules that is not about infringements. In fact, DMCA permits you to remove content if you have good reasons to believe so, even without a copyright notice.
Why even discuss safe harbor? Do you qualify for it?
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