DMCA Policy

Tonmly, operated by Tonmly Inc., respects the intellectual property rights of others and expects our users to do the same. This Digital Millennium Copyright Act (DMCA) Policy outlines our procedures for addressing claims of copyright infringement on our platform.

We comply with the DMCA (17 U.S.C. § 512) and similar copyright laws worldwide. This policy applies to all content and services provided through Tonmly, including shortened URLs, profile pages, user-generated content, and linked materials.

Safe Harbor Provisions

As a service provider under the DMCA, we qualify for safe harbor protections when we:

• Do not have actual knowledge of infringing activity
• Are not aware of facts or circumstances indicating infringing activity
• Act expeditiously to remove or disable access to infringing material upon notification
• Have designated an agent to receive infringement notifications

Copyright infringement occurs when copyrighted material is used without permission from the copyright owner. On Tonmly, this may include:

Direct Infringement

• Profile Content: Using copyrighted images, text, or designs in profile pages without permission
• Link Destinations: Shortened URLs that lead to websites hosting infringing content
• User-Generated Content: Uploading or sharing copyrighted materials in any form
• Domain Names: Using copyrighted names or trademarks in custom subdomains

Indirect Infringement

• Facilitating Access: Creating links specifically to help others access infringing content
• Promotion of Infringement: Using our services to advertise or promote infringing materials
• Circumvention: Using shortened URLs to bypass copyright protection measures

Common Examples

• Linking to pirated movies, music, software, or books
• Using copyrighted images or logos without permission in profiles
• Sharing copyrighted documents, articles, or publications
• Creating links to circumvent paywalls or access restrictions
• Using trademarked names or brands without authorization

What is NOT Infringement

The following uses are generally NOT considered infringement:

• Fair Use: Commentary, criticism, news reporting, teaching, or research
• Public Domain: Works no longer under copyright protection
• Licensed Content: Materials used under proper licensing agreements
• Original Content: Your own creative works and ideas

If you believe your copyrighted work has been infringed on Tonmly, you may submit a DMCA takedown notice. Your notice must include all required elements to be valid and actionable.

Required Information

A valid DMCA notice must contain:

How to Submit

Send your complete DMCA notice to our designated agent:

Processing Timeline

• Initial Review: Within 24 hours of receipt
• Valid Notice Action: Content removal/disabling within 48 hours
• User Notification: Account holder notified within 72 hours
• Status Update: Reporter notified of action taken within 5 business days

Invalid or Incomplete Notices

Notices that don't meet DMCA requirements may be:

• Returned with explanation of deficiencies
• Not acted upon until properly corrected
• Treated as general reports rather than formal DMCA notices

If your content was removed due to a DMCA takedown notice and you believe the removal was incorrect, you may file a counter-notice to request restoration.

Grounds for Counter-Notice

You may file a counter-notice if:

• The material was removed due to mistake or misidentification
• You have authorization to use the copyrighted material
• Your use qualifies as fair use or another legal exception
• The original takedown notice was invalid or fraudulent
• You are the copyright owner and did not authorize the takedown

Required Counter-Notice Information

A valid counter-notice must include:

Counter-Notice Process

1. Submit Counter-Notice: Send to dmca@Tonmly within 10 business days of removal
2. Review Period: We review for completeness and validity
3. Forward to Complainant: Valid counter-notices are sent to original complainant
4. Waiting Period: 10-14 business days for complainant to file court action
5. Restoration: Content restored if no court action is filed

Important Considerations

Tonmly maintains a policy of terminating accounts of users who are repeat copyright infringers, in accordance with DMCA requirements.

What Constitutes Repeat Infringement

• Multiple Valid Takedowns: Three or more valid DMCA takedown notices within a 12-month period
• Pattern of Behavior: Consistent sharing of infringing content despite warnings
• Willful Infringement: Deliberate and knowing distribution of copyrighted material
• Commercial Infringement: Using our services for profit from infringing content

Progressive Enforcement

We follow a graduated response system:

First Violation

• Content removal or link disabling
• Educational notification about copyright policy
• Warning about potential account consequences

Second Violation

• Content removal and temporary account restrictions
• Required acknowledgment of copyright policy
• Final warning before potential termination

Third Violation

• Account termination consideration
• Review of all account activity
• Permanent ban from creating new accounts

Factors in Termination Decisions

We consider several factors when deciding on account termination:

• Number and severity of infringement claims
• User's response to previous notices
• Evidence of willful or commercial infringement
• Impact on copyright holders
• User's history and account standing

Appeal Process for Termination

Users whose accounts are terminated may appeal by:

• Providing evidence that takedown notices were invalid
• Demonstrating that content was authorized or fair use
• Showing implementation of effective copyright compliance measures
• Submitting written commitment to respect copyright in the future

Tonmly qualifies for DMCA safe harbor protections as a service provider. We maintain compliance through:

Designated Agent Registration

• Registered DMCA agent with the U.S. Copyright Office
• Current contact information publicly available
• Regular updates to registration as required

Notice and Takedown Procedures

• Standardized process for receiving and responding to takedown notices
• Expeditious removal of infringing content upon valid notice
• Proper notification to users about content removal
• Counter-notice procedures for users to dispute takedowns

Repeat Infringer Policy

• Clear policy for addressing repeat copyright infringers
• Termination of accounts for users with multiple violations
• Reasonable implementation of policy in appropriate circumstances

No Actual Knowledge Standard

We maintain safe harbor protection by:

• Not actively monitoring user content for copyright infringement
• Responding promptly when infringement is brought to our attention
• Not having actual knowledge of specific infringing activity
• Not receiving financial benefit directly attributable to infringing activity

All Tonmly users are responsible for respecting copyright and intellectual property rights:

Before Sharing Content

• Verify Ownership: Ensure you own or have permission to share content
• Check Licensing: Verify that any licenses cover your intended use
• Consider Fair Use: Understand fair use limitations and requirements
• Avoid Infringement: Don't share content you know violates copyright

Creating Shortened Links

• Don't create links to websites hosting infringing content
• Verify that linked content is authorized
• Avoid links designed to circumvent copyright protection
• Respect website terms of service regarding linking

Profile Pages and Content

• Use only authorized images, logos, and designs
• Don't impersonate others or use their copyrighted materials
• Respect trademark rights in profile names and descriptions
• Properly attribute content when required

Responding to DMCA Notices

• Take removal notices seriously and respond appropriately
• Only file counter-notices if you have a good faith belief in your position
• Seek legal advice for complex copyright questions
• Learn from mistakes to avoid future violations

Educational Resources

Learn more about copyright and fair use:

• U.S. Copyright Office
• Canadian Intellectual Property Office
• Creative Commons Licensing
• EFF Guide to Blogger Rights

Service Limitations

• No Content Monitoring: We don't actively monitor all user content for copyright infringement
• Third-Party Content: We're not responsible for copyright compliance of linked websites
• User Responsibility: Users are solely responsible for ensuring their content doesn't infringe copyrights
• Fair Use Determination: We don't make legal determinations about fair use

Legal Disclaimers

• No Legal Advice: This policy doesn't constitute legal advice
• Jurisdiction Variations: Copyright laws vary by jurisdiction
• Professional Consultation: Complex cases may require legal counsel
• Policy Changes: This policy may be updated to reflect legal changes

Liability Limitations

As permitted by law, Tonmly's liability is limited regarding:

• User-generated content and copyright compliance
• Third-party websites and their content
• Decisions to remove or restore content
• Consequences of DMCA takedown procedures

International Considerations

• Copyright laws vary between countries
• Fair use and fair dealing provisions differ globally
• Users should understand applicable laws in their jurisdiction
• Cross-border copyright issues may be complex

DMCA Notices and Counter-Notices

Other Copyright-Related Inquiries

Important Reminders

Response Times

• DMCA Takedown Notices: Processed within 24-48 hours
• Counter-Notices: Processed within 2-3 business days
• General Inquiries: Responded to within 5 business days
• Urgent Matters: Contact legal@Tonmly for expedited review