; and (2) include terms of use or other analogous disclosures with such software, which require the user of such software to affirmatively acknowledge their general awareness of their legal obligations under this Act. 4. In rem litigation against foreign and unknown defendants (a) In general A living person, or an affiliated corporate or other entity substantially connected to such living person, exhibited as engaging in falsified material activity in an advanced technological false personation record, as such term is defined in section 1041 of title 18, United States Code, as added by section 2 of this Act, and subject to parallel exceptions to those enumerated in section 1041(j) of such title, may file an in rem civil action against an advanced technological false personation record, in the judicial district in which such living person or related entity resides, if— (1) the creator of such advanced technological false personation record is in violation of any provision in section 1041 of title 18, United States Code, as added by section 2 of this Act, for which a private remedy is provided; and (2) the court finds that such living person or related entity— (A) is not able to obtain in personam jurisdiction over a person who would have been a defendant in a civil action in section 1041 of title 18, United States Code, as added by section 2 of this Act; or (B) through reasonable due diligence was not able to find a person who would have been a defendant in a civil action under paragraph (1) by— (i) if practicable, sending a notice of the alleged violation and intent to proceed under this paragraph to the producer of the record; (ii) publishing notice of the action as the court may direct promptly after filing the action