This DMCA Take down Policy is to be used only for reporting infringing content published on onlytoes.com. To place a request to remove infringing material found on other websites, please contact us here: firstname.lastname@example.org
DMCA Notice & Take down Policy and Procedures
We respect copyright holders’ intellectual property rights, so we voluntarily comply with the Notice and Take down provisions of the Digital Millennium Copyright Act (“DMCA”) even though our website (“Site”) is not based in the United States. This Site defines as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1)
of the DMCA. It is also entitled to “safe harbor” provisions - special protections from claims of copyright infringement under the DMCA. We respect the intellectual property of others, and we encourage our users to do the same. Hence, we recognize and comply with DMCA and the following Notice and Take down Policy relating to claims of copyright infringement by our customers, users and subscribers.
Notice of Claimed Infringement
If you believe your work has been copied and published on onlytoes.com that violates copyright provisions, please contact Our Designated Copyright Agent (identified below) with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property;
(b) description of the copyrighted work or other intellectual property you claim infringement;
(c) a description of where the material that you claim is infringing is located on the Site (preferably specific URLs);
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
(f) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may send your Notice of Claimed Infringement ("Notice") to:
Mestechkin Law Group P.C.
1180 Avenue of Americas, 8th Floor
New York NY 10036
Please do not send other inquiries or information to our Designated Agent. This policy only applies to infringing content published on onlytoes.com. You can contact https://onlytoes.com/contacts
to report infringing material on other sites. Our Designated Agent is not authorized to accept or waive service of formal legal process, as well as to have any agency relationship beyond accepting valid DMCA Notices.
Abusing the DMCA Notice procedures or misrepresenting facts in a DMCA Notice or Counter-notification, can result in legal liability for damages, court costs and attorney fees under federal law. See; 17 U.S.C. § 512(f)
. These Notice and Take down Procedures only apply to copyright infringement claims by copyright holders or their agents and does not include any other kind of abuse, infringement, or legal claim. We will take action against anyone abusing the DMCA notification or counter-notification procedure. Please make sure you meet all the legal requirements before submitting a DMCA Notice to our Designated Agent.
Take Down Procedure
The Site employs the following “notification and take down” procedure upon receipt of any notification of copyright infringement. The Site reserves the right at any time to disable access to or remove any material or activity accessible on or from any Site or any materials claimed to be infringing. It is the Site’s policy to terminate the account involving copyright infringers; the Site will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the DMCA. If the Notice does not comply with §512 of the DMCA but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, the Site shall attempt to contact the complaining party to assist with complying with the notification requirements. When the Designated Agent receives a valid Notice, the Site will remove and/or disable access to the infringing material and shall notify the affected user. After that, the affected user may submit a counter-notification to the Designated Agent presenting a statement made under penalty of perjury that the user has a good faith belief that the material was removed. After the counter-notification is received, Designated Agent will address the issue with the material within ten to fourteen (10-14) days unless a court action has been filed by the complaining party seeking an injunction against the infringement.
DMCA Counter-Notification Procedure
If the Recipient of a Notice of Claimed Infringement believes that the Notice is erroneous or false, and/or infringing material has been wrongly removed, the Recipient is permitted to submit a counter-notification pursuant to Section 512(g)(2) & (3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material. Recipient must provide accurate and truthful counter-notification, and the Recipient will be liable for any misrepresentations which may cause any legal actions to be brought against the Site in response to the counter-notification.
Please provide Our Designated Agent the following information in order to submit a counter-notification:
(a) a specific description of the material that was removed or disabled pursuant to the Notice;
(b) a description of where the material was located within the Site or the content (as defined within the Site’s Terms & Conditions or User Agreement) before such material was removed and/or disabled (preferably specific URLs);
(c) a statement reflecting the Recipient's belief that the removal or disabling of the material was done 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.”
(d) the Recipient's physical address, telephone number, and email address; and,
(e) a statement that the Recipient consents to the jurisdiction of the Federal District Court in and for the judicial district where 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 notification containing the above information must be signed and sent to:
Mestechkin Law Group P.C.
1180 Avenue of Americas, 8th Floor
New York NY 10036
All DMCA notices and counter-notifications must be written in English. Any notifications written in foreign languages or using foreign characters are non-compliant and will be disregarded.
Please do not send any other inquiries or information to our Designated Agent. As agreed, Designated Agent is not authorized to accept or waive service of formal legal processes and have any other relationship beyond accepting valid DMCA Notices.
After receiving a DMCA-compliant counter-notification, Our Designated Copyright Agent will inform Us, and We will provide the counter-notification to the claimant of the original Notice reporting infringing content.
Then, within ten to fourteen (10-14) days of a counter-notification receipt, We will replace or enable access to the disputed material when there is no notice of legal action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the Site’s material.
Modifications to Policy
The Site reserves the right to modify, alter or add to this policy, so users should regularly check for updates and changes.
Customer Service Requests
Please note that the DMCA Agent is an attorney with a private law firm not associated with the Site by other means. DMCA Agent will not address any customer service inquiries, payment questions, or cancellation requests. All such inquiries must be directed to the Site's customer service department.