DMCA Copyright Policy

HelpWin LLC respects the intellectual property rights of others and expects our clients and end-customers to do the same. We comply with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, and respond to notifications of alleged copyright infringement consistent with the DMCA's safe-harbor procedures.

1. Designated Agent

If you believe content hosted on a HelpWin-operated property (helpwin.net or any client website hosted by HelpWin) infringes your copyright, send a written notice that complies with Section 3 below to our DMCA Designated Agent at the address below.

2. Repeat Infringer Policy

It is HelpWin's policy to terminate, in appropriate circumstances and at our sole discretion, the accounts of clients or end-customers who are deemed to be repeat infringers. We maintain an internal log of takedown notices and accounts disabled, and we apply this policy consistently. Repeat infringer status may be triggered by:

• Multiple substantiated DMCA notices against the same client account
• Patterns of uploading content the client does not have rights to use (e.g. competitor logos, unlicensed photography, copyrighted text)
• Failure to respond to or comply with a takedown notice we have actioned

Termination under this policy may include removing the offending content, disabling the affected client website, and closing the client's HelpWin subscription. We will give the client reasonable notice and opportunity to respond before termination, except where required by law or to prevent imminent harm.

3. Filing a DMCA Takedown Notice

To be effective under the DMCA, your written notice must include all of the following (17 U.S.C. § 512(c)(3)):

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work claimed to have been infringed (or, if multiple works at a single online site are covered, a representative list).
3. Identification of the material claimed to be infringing and that is to be removed, with information reasonably sufficient to permit us to locate it (URLs preferred).
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address.
5. A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

4. What Happens After We Receive a Notice

Once we receive a notice that substantially complies with Section 3, we will:

• Promptly review the notice for completeness
• Disable access to or remove the allegedly infringing content
• Notify the affected client or end-customer of the takedown and provide them a copy of the notice
• Inform the affected party of the counter-notification procedure described in Section 5

5. Filing a Counter-Notification

If you believe content of yours was removed in error or as a result of misidentification, you may submit a counter-notification. Send a written counter-notification to our Designated Agent (Section 1). To be effective under 17 U.S.C. § 512(g)(3), your counter-notification must include:

1. A physical or electronic signature.
2. Identification of the material that was removed and the location at which it appeared before removal.
3. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, the judicial district in which HelpWin LLC may be found, presently the Northern District of Ohio), and that you will accept service of process from the person who provided the original notice or an agent of that person.

Upon receipt of an effective counter-notification, we will forward a copy to the original complainant. If the complainant does not file an action seeking a court order to restrain the affected party from engaging in infringing activity, we may restore the removed material in not less than 10 and not more than 14 business days following receipt of the counter-notification.

6. Modifications to This Policy

We may revise this DMCA Copyright Policy from time to time. Material changes will be reflected on this page with an updated effective date. We encourage you to review this page periodically for updates.

7. Related Documents

• Terms of Service
• Privacy Policy
• Data Processing Addendum
• Sub-Processors

Questions about this policy? Email [email protected]. For non-DMCA legal questions, email [email protected].