DMCA Policy

Toutmark respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). This policy explains how to report copyright infringement and trademark concerns.

1. DMCA Safe Harbor

Toutmark qualifies for DMCA safe-harbor protection under 17 U.S.C. §512. We do not host user-generated content, but we provide tools that allow our customers to manage content on their own websites. If infringing content is stored on a customer's site through Toutmark, we will promptly remove or disable access upon receiving proper notice.

2. Designated DMCA Agent

Note:

3. DMCA Takedown Notice

If you believe that content on toutmark.com or a customer's website violates your copyright, you may submit a takedown notice. Your notice must include:

Required Information

1. Identification of the copyrighted work: Describe the copyrighted work you claim is infringed (e.g., "My published novel 'X' from 2023")
2. Identification of the infringing content: Provide a specific URL or detailed description of the location of the infringing material
3. Your contact information: Your name, email, phone number, and mailing address
4. Statement of good faith: State that you have a good-faith belief that the use is not authorized by the copyright owner, their agent, or the law
5. Perjury statement: Under penalty of perjury, state that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner
6. Your signature: Physical signature or digital signature (e.g., typed name with /s/ prefix for electronic submission)

How to Submit

Email your complete DMCA notice to: [email protected]

Subject Line: "DMCA Takedown Notice"

Incomplete notices will be rejected. We will acknowledge receipt of complete notices within 24 hours and take appropriate action.

4. Toutmark's Response

Upon receiving a valid DMCA notice, Toutmark will:

• Promptly notify the customer whose account is involved
• Remove or disable access to the allegedly infringing content (if it is hosted on Toutmark infrastructure) or direct the customer to do so (if it is on the customer's own site)
• Preserve evidence for potential legal proceedings
• Apply repeat-infringer policy (see below)

Note: We do not remove content simply because you demand it. We follow the DMCA process and verify claims before taking action.

5. Counter-Notification

If we disable access to your content based on a DMCA notice and you believe it was a mistake or misuse of the DMCA process, you may submit a counter-notification.

Required Information

1. Identification of the material that was removed or disabled
2. Your name, address, phone number, and email
3. A statement under penalty of perjury that you have a good-faith belief that the material was removed in error
4. A statement that you consent to jurisdiction of the federal court in your state (or if outside the US, your country)
5. Your physical or digital signature

How to Submit

Email your counter-notification to: [email protected]

Subject Line: "DMCA Counter-Notification"

If we receive a valid counter-notification, we will notify the person who submitted the original notice. If they do not file a lawsuit within 10 business days, we will restore the disabled content.

6. Repeat Infringer Policy

Toutmark will terminate the accounts of repeat copyright infringers in accordance with the DMCA. A "repeat infringer" is a user who has been identified as the subject of 2 or more valid, non-retracted DMCA takedown notices within a 12-month period (or who has otherwise demonstrated a pattern of copyright infringement).

7. Trademark Claims

Trademark infringement is not covered by the DMCA, but Toutmark respects trademark rights. If you believe a customer is misusing your trademark:

Email: [email protected]
Subject Line: "Trademark Claim — [Your Brand Name]"
Include: Evidence of trademark ownership, description of the misuse, and the URL(s) involved

We will review and respond within 5 business days.

8. Fair Use & Legitimate Uses

Not all uses of copyrighted or trademarked material are infringements. Legitimate uses include:

• Fair use (criticism, commentary, parody, education, news reporting)
• Licensed content (with proper permissions)
• Public domain works
• Properly licensed stock images and music
• Nominative fair use (mentioning a brand to compare or describe)

If you submit a DMCA notice for content that qualifies as fair use, you may be liable for damages under 17 U.S.C. §512(f).