DMCA Notice & Takedown Policy

DMCA Notice & Takedown Policy

Effective Date: September of 2024

Last Update: November of 2024

 

This DMCA Notice and Takedown Policy applies to reporting infringing content published on excl.us. If you need assistance with removing infringing material from other sites, please contact us via email at dmca@excl.us. TNBI INTERNET, LLC, also known as Excl.us ("excl.us," “we,” “our,” or “us”), respects the intellectual property rights of others and expects our users to do the same. Under appropriate circumstances and at our discretion, we may disable and/or terminate the accounts of users who are determined to be repeat infringers or are repeatedly alleged to infringe the copyrights or other intellectual property rights of third parties.

 

DMCA Notice & Takedown Policy and Procedures

 

Although our website is based in the United States, we respect the intellectual property rights of copyright holders and have voluntarily chosen to comply with the Notice and Takedown provisions of the Digital Millennium Copyright Act (DMCA). As a Service Provider under 17 U.S.C. § 512(k)(1) of the DMCA, we are entitled to certain protections from claims of copyright infringement under the DMCA’s "safe harbor" provisions. We respect the intellectual property of others and ask our users to do the same. Therefore, we comply with the DMCA and have adopted the following Notice and Takedown Policy relating to claims of copyright infringement by our customers, subscribers, or users:

 

1. Notice of Claimed Infringement

If you are the copyright owner or an authorized agent and believe that any content hosted on our site infringes your copyrights, you may submit a notice under DMCA by providing the following information in writing:

- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

- Identification of the copyrighted work or other intellectual property that you claim has been infringed;

- Identification of the material that you claim is infringing or the subject of infringing activity and that should be removed or accessed, along with information reasonably sufficient to permit us to locate the material;

- Information reasonably sufficient to allow us to contact the complaining party, such as an address, telephone number, and, if available, an email address;

- A statement that the complaining party has a good faith belief that the use of the material in the manner alleged is not authorized by the copyright owner, its agent, or the law;

- A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner that is alleged to have been infringed.

 

You may send your Notice of Claimed Infringement ("Notice") to:

- Email: dmca@excl.us

 

Please do not send other inquiries or information to our Designated Agent. This policy applies only to infringing content published on excl.us. To report infringing material on other sites, please contact those sites or their local authorities. Unless expressly permitted beforehand, our Designated Agent is not authorized to accept or waive formal legal process and any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed.

Further information regarding notification and takedown requirements can be found in the DMCA here: 17 U.S.C. § 512

 

2. Takedown Procedure

The Site follows a “notice and takedown” procedure upon receipt of any notification of claimed copyright infringement. The Site reserves the right to disable access to or remove any material alleged to be infringing. The Site will terminate the accounts of repeat infringers if appropriate. The DMCA Notice Procedures are described in the preceding paragraph. If the Notice does not comply with §512 of the DMCA but complies with the three requirements for identifying infringing sites under §512 of the DMCA, the Site will attempt to contact or take other reasonable steps to contact the complaining party to assist them in complying with the notice requirements. Upon receipt of a valid Notice, the Site will expeditiously remove and/or disable access to the infringing material and notify the affected user. The affected user may then submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed due to misidentification of the material to be removed or disabled. After receiving the counter-notification, the Designated Agent will replace the material in question within ten to fourteen (10-14) days, unless a court action has been filed by the complaining party seeking an injunction against the infringing activity.

 

We reserve the right to remove any allegedly infringing content without prior notice, at our sole discretion, and without liability to you. Under appropriate circumstances, we may terminate the account of a user determined to be a repeat infringer. Our designated agent for copyright infringement notices appearing on the site is:

- Name: TNBI INTERNET, LLC

- Address: 1847 West Hillsboro Boulevard, #1703, Deerfield Beach, FL 33442, United States

- Email: dmca@excl.us

 

3. DMCA Counter-Notification Procedure

If you receive a Notice of Claimed Infringement and believe that the Notice is erroneous or false and/or that the allegedly infringing material has been wrongfully removed according to the procedures outlined above, you may submit a counter-notification pursuant to 17 U.S.C. § 512(g)(2) & (3) of the DMCA. A counter-notification is the proper method to dispute the removal or disabling of material pursuant to a Notice. The information provided in a counter-notification must be accurate and truthful. The Recipient will be liable for any misrepresentations which may cause claims to be brought against the Site relating to the actions taken in response to the counter-notification.

 

To submit a counter-notification, provide our Designated Agent with the following information:

- A specific description of the material that was removed or disabled;

- A description of where the material was located on the Site or the content (as defined within the Site’s Terms & Conditions or User Agreement) before it was removed and/or disabled (preferably including specific URLs associated with the material);

- A statement reflecting the Recipient's belief that the removal or disabling of the material was done so erroneously. For convenience, the following format may be used: *“I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”*;

- The Recipient's physical address, telephone number, and email address; and,

- A statement that the Recipient consents to the jurisdiction of the Federal District Court for the judicial district in which the Recipient is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notice, or that person’s agent.

 

Written notifications containing the above information must be signed and sent to:

- Email: dmca@excl.us

 

All DMCA notices and counter-notifications must be written in English. Notices written in foreign languages or using foreign characters will be deemed non-compliant and disregarded.

Please do not send other inquiries or information to our Designated Agent. Unless expressly permitted beforehand, our Designated Agent is not authorized to accept or waive formal legal process. Any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed.

Upon receipt of a DMCA-compliant counter-notification, our Designated Agent will forward it to us, and we will then provide the counter-notification to the claimant who initially sent the original Notice identifying the allegedly infringing content.

Thereafter, within ten to fourteen (10-14) days of our receipt of a counter-notification, we will replace or cease disabling access to the disputed material provided that we or our Designated Copyright Agent have not received notice that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity related to the material on the Site’s system or network.

 

4. Changes Policy

We reserve the right to modify, alter, or update this policy at any time without prior notice. Any changes to this policy will be effective upon posting.

 

5. Customer Service Requests

Please note that the DMCA Agent is not associated with the Site in any other capacity but is an attorney with a private law firm. Customer service inquiries, payment questions, and cancellation requests will not receive a response. All such communications must be directed to the Site's customer service department.