DMCA Policy

1. Overview

Acloom LLC (“Acloom,” “we,” “us,” or “our”) respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512, we will respond expeditiously to claims of copyright infringement committed using Acloom services (Acloom Notes, the free browser tools at acloom.com/tools, the Acloom website, and any future products we release) when reported to our designated copyright agent.

This policy applies to all content uploaded, stored, processed, or generated through Acloom services.

2. Designated Agent

Our DMCA Designated Agent to receive notifications of claimed infringement is:

3. Filing a DMCA Takedown Notice

If you believe that content available through Acloom services infringes your copyright, you may submit a written notification to our Designated Agent. Under 17 U.S.C. § 512(c)(3), your notice must include all of the following:

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
2. Identification of the copyrighted work claimed to have been infringed. If multiple works are covered by a single notification, a representative list of such works.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material. This should include the URL, file name, or other specific reference to the content.
4. Your contact information, including your name, address, telephone number, and email address.
5. A statement that you have 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.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

Send your takedown notice to security@acloom.com with the subject line “DMCA Takedown Notice.”

4. How We Process Takedown Notices

Upon receiving a valid DMCA takedown notice, we will:

1. Remove or disable access to the allegedly infringing material promptly.
2. Notify the user who uploaded the content that the material has been removed and include a copy of the takedown notice.
3. Provide the user with information on how to file a counter-notification if they believe the removal was in error.

5. Filing a Counter-Notification

If you believe your content was removed or disabled by mistake or misidentification, you may submit a counter-notification to our Designated Agent. Under 17 U.S.C. § 512(g)(3), your counter-notification must include all of the following:

1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access was disabled.
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 you are outside the United States, any judicial district in which Acloom LLC may be found), and that you will accept service of process from the person who provided the original takedown notice or an agent of such person.

Send your counter-notification to security@acloom.com with the subject line “DMCA Counter-Notification.”

6. How We Process Counter-Notifications

Upon receiving a valid counter-notification, we will:

1. Forward a copy of the counter-notification to the original complainant.
2. Inform the complainant that the removed material will be restored in 10 business days unless the complainant files a court action seeking a restraining order against the user.
3. Restore the removed material between 10 and 14 business days after receiving the counter-notification, unless we first receive notice from the complainant that they have filed a court action.

7. Repeat Infringer Policy

In accordance with the DMCA and other applicable law, Acloom has adopted a policy of terminating, in appropriate circumstances, the accounts of users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the services or terminate the account of any user who infringes the intellectual property rights of others, whether or not there is any repeat infringement. Specifically:

• First offense: The infringing content is removed and the user receives a written warning via email.
• Second offense: The infringing content is removed, the user receives a final warning, and their upload privileges may be temporarily suspended.
• Third offense: The user's account is permanently terminated and all associated content is removed.

8. Misrepresentation Warning

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability for damages, including costs and attorneys' fees. Before filing a DMCA notice or counter-notification, please make sure that you are the actual copyright holder (or authorized to act on their behalf) and that you honestly believe the material at issue is infringing. Consider consulting an attorney before submitting a notice if you are unsure whether the material infringes your rights.

9. Accommodation of Standard Technical Measures

Acloom does not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works, as defined in 17 U.S.C. § 512(i)(2). We will accommodate and not interfere with such measures provided they are consistent with accepted industry standards, are non-discriminatory, and do not impose substantial costs or burdens on our services.

10. Limitations of This Policy

This policy addresses copyright infringement only. If you have concerns about other types of intellectual property (such as trademarks) or other policy violations (such as privacy or acceptable use), please contact us at security@acloom.com.

Nothing in this policy is intended to limit any defenses or rights available under the DMCA or other applicable law, including fair use.

11. Modifications

We may update this DMCA Policy from time to time. If we make material changes, we will update the “Last updated” date at the top of this page. Your continued use of the services after any changes constitutes acceptance of the updated policy.

12. Contact

For questions about this DMCA Policy or to report copyright infringement, contact us at security@acloom.com.