What happens to repeat infringers

Esano's policy is to disable or terminate the accounts of users who are repeat infringers, in appropriate circumstances. The policy doesn't set a number of claims.

What the policy says

Esano's DMCA policy states: "It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers." The Terms of Use say the same: Esano's policy is to comply with all applicable intellectual property laws and to terminate user accounts of repeat infringers.

That wording leaves some things open:

• There is no published "strike" count.
• The terms don't say how much time must pass between claims.
• What counts as "appropriate circumstances" is Esano's call.

Because of that, treat any removal for infringement as serious, even if it's your first.

What Esano can do to an account

Esano's terms give it several options, depending on the case:

• Remove a listing. Esano can remove content that infringes anyone's intellectual property rights. See What happens when a listing is reported.
• Pause a shop. Esano's seller terms say it may remove listings that break its marketplace policies and may pause shops that repeatedly do.
• Suspend or terminate access. The Terms of Use let Esano suspend or end access to all or part of the website for any violation of the terms.
• End the seller relationship. The Retailer Terms say either side can end the relationship at any time. If Esano ends it, Esano emails the seller.

What a closed shop looks like

If Esano closes a shop, the seller sees "Esano closed your shop" on every page of their dashboard, with the reason. The shop's listings are unpublished. Orders, payouts and reviews are kept.

If Esano suspends a shop, its listings are off the marketplace, and the seller can't publish or edit listings or send messages. See Why Esano hid, suspended or closed your shop for what happens to orders and money.

How to avoid it

• Only list files you own or have the right to sell. See Copyright and original work rules for sellers.
• Don't sell fan art, logos or licensed characters without permission. See Can you sell fan art or licensed characters?.
• Don't relist work Esano removed.
• If a claim against you is wrong, answer it properly with a DMCA counter notice.
• Keep your account email current. Esano sends notices there.

If your account was closed

Email customerservice@esano.com or use the contact page. Esano's terms don't describe an appeal process for account terminations, so this article can't promise one. For how to write in, see Appeal a suspension or removal.