After the period in Section (D)(2) above has elapsed, replace or re-enable the disabled material unless a notice of action as defined in Section (D)(2) above has been received (unless the material is determined by Zippyshare in its sole discretion to potentially infringe any intellectual property rights).</li> To the extent the notices and "take down" requirements above deviate from the requirements under the DMCA, then the notice requirements as provided by the DMCA shall control and are herein incorporated by reference. In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances and in the sole discretion of Zippyshare, Members who are deemed to be repeat copyright infringers.