Digital Millennium Copyright Act (DMCA) Policy
Tenthyard.com (‘Tenthyard’) is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (‘DMCA’). We provide legal copyright owners with the ability to self-publish on the internet by uploading, storing and displaying various media utilizing our services. We take copyright violation very seriously and will vigorously protect the rights of legal copyright owners. If you are the copyright owner of content which appears on the Tenthyard.com website (the ‘Site’) and you did not authorize the use of the content you must notify Tenthyard in writing in order for us to identify the allegedly infringing content and take action.
I. DESIGNATED AGENT
Tenthyard designated agent to receive notification of alleged infringement under the DMCA is: Attn: Copyright Agent Contact Us Upon receipt of proper notification of claimed infringement, Tenthyard will follow the procedures outlined herein and in the DMCA.
II. COMPLAINT NOTICE PROCEDURES FOR COPYRIGHT OWNERS
The following elements must be included in your copyright infringement claim: An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. A statement that the complaining party has a good faith belief that use of the material in the manner complained of 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 owner of an exclusive right that is allegedly infringed. Failure to include all of the above information may result in a delay of the processing or the DCMA notification. Please also note that under applicable law, 17 U.S.C. 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
III. Tenthyard RESPONSE
Tenthyard will follow the procedures provided in the DCMA, which prescribe a notice and take down procedure, subject to the user’s right to submit a counter-notification claiming lawful use of the disabled works. It is expected that all users of any part of the Site will comply with applicable copyright laws. However, if Tenthyard receives proper notification of claimed copyright infringement, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity, provided all such claims have been investigated and determined to be valid by Tenthyard in Tenthyard sole and absolute discretion. Tenthyard will comply with the appropriate provisions of the DMCA in the event a counter notification is received.
Pursuant to the Terms of Service Agreement to which all users of Tenthyard.com agree to prior to using Tenthyard.com, all users are required to use only lawfully-acquired creative works as website content, and a user’s access may be disabled upon receipt of notice that infringing material has been submitted. Tenthyard also respects the legitimate interests of users in utilizing media content lawfully, being permitted to present a response to claims of infringement, and obtaining timely restoration of access to content that has been disabled due to a copyright complaint. To write a proper counter-notification, please provide the following information:
State that access to your content was disabled due to operation of the notice and takedown procedure.
Identify the material that has been removed and designate its URL prior to removal.
State, under penalty of perjury:
Your name, address, and telephone number.
That you ‘have a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material.
That you ‘consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located.
To exercise your DMCA rights, you must send your counter-notification to the designated agent for Tenthyard, whose contact information is:
Attn: Copyright Agent
Email: admin[at]Tenthyard.com(replace [at] with @)
V. REPEAT INFRINGERS
Under appropriate circumstances, Tenthyard may, in its discretion, terminate authorization of users of its system or network who are repeat infringers.
VI. ACCOMMODATION OF STANDARD TECHNICAL MEASURES
It is Tenthyard.com policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.