DMCA Copyright Policy

1. Our commitment to intellectual property

DataGuys.co LLC (“DataGuys”, dataguys.co), a global provider, respects the intellectual-property rights of others and expects our customers to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), codified at 17 U.S.C. § 512, we respond expeditiously to valid notices of claimed copyright infringement involving material stored on, or made available through, our systems, and we will remove or disable access to that material where appropriate. This policy explains how to send us a takedown notice, how the person who posted the material can respond, and what happens to accounts that infringe repeatedly.

2. Scope of this policy

This policy applies to copyrighted material that a DataGuys customer hosts on our servers or transmits through our network — for example, files, images, text, or code stored in a hosting account or served from a website we host. DataGuys is a hosting provider and does not monitor, review, or control customer content in advance, and we are not in a position to adjudicate copyright disputes between parties. Where the law allows, we act on properly submitted notices without deciding the underlying legal merits. Use of any DataGuys service is also governed by our Terms of Service and Acceptable Use Policy, which prohibit hosting content that infringes the rights of others.

3. How to file a DMCA takedown notice

If you own a copyright (or are authorized to act on behalf of the owner) and believe that material we host infringes that copyright, you may send our Designated Agent a written notification. To be valid under 17 U.S.C. § 512(c)(3), your notice must include all six of the following elements:

• 1. Signature. A physical or electronic signature of the copyright owner, or of a person authorized to act on the owner’s behalf.
• 2. Identification of the work. Identification of the copyrighted work claimed to have been infringed — or, if a single notice covers multiple works at one site, a representative list of those works.
• 3. Identification of the infringing material. Identification of the material that is claimed to be infringing (or to be the subject of infringing activity) and information reasonably sufficient to let us locate it — ideally the full URL (web address) of each item, or an equivalently precise location.
• 4. Your contact information. Information reasonably sufficient to let us contact you, such as your name, mailing address, telephone number, and email address.
• 5. Good-faith statement. 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. Accuracy and authority statement. A statement that the information in the notification is accurate, and — under penalty of perjury — that you are the copyright owner or are authorized to act on behalf of the owner.

Please note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing (or was removed or disabled by mistake) may be liable for damages, including costs and attorneys’ fees. If you are unsure whether a particular use is infringing, you may wish to consult an attorney before filing.

4. Where to send your notice — our Designated Agent

Send your DMCA takedown notice to our Designated Agent:

• DataGuys.co LLC — DMCA Designated Agent
• Email: contact@dataguys.co (please put “DMCA Notice” in the subject line for the fastest handling)
• Mailing address: DataGuys.co LLC, DMCA Designated Agent, Global
• Phone: (520) 309-5786

5. What happens after we receive a valid notice

When we receive a notice that satisfies the requirements above, we will act expeditiously to remove or disable access to the material identified in the notice. We may also notify the affected customer that the material has been removed or disabled and provide them a copy of the notice (which may include your contact information) so that they can submit a counter-notification if they choose. Removing or disabling access to material in response to a valid notice, in good faith, does not create liability to the customer, and DataGuys is not responsible for the removal of material identified in a notice that appears valid on its face. If a notice is incomplete, we may ask you to correct it before we act.

6. Counter-notification

If you are a DataGuys customer and your material was removed or disabled because of a DMCA notice, and you believe it was removed by mistake or as a result of misidentification, you may send our Designated Agent a written counter-notification. To be valid under 17 U.S.C. § 512(g)(3), a counter-notice must include:

• your physical or electronic signature;
• identification of the material that was removed or disabled and the location at which it appeared before it was removed or disabled (for example, the URL);
• a statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification;
• your name, mailing 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 your address is outside the United States, any judicial district in which DataGuys may be found), and that you will accept service of process from the person who submitted the original notice or that person’s agent.

7. Restoration of material

If you submit a valid counter-notification, we will promptly forward it to the party who sent the original takedown notice and inform them that we may restore the material. Unless that party notifies us within 10 business days that it has filed a court action seeking to restrain the allegedly infringing activity, we may restore the removed material, or cease disabling access to it, in not less than 10 and not more than 14 business days after we receive your counter-notice. If the complaining party does file a court action, the material will remain down pending resolution.

8. Repeat-infringer policy

DataGuys maintains and, in appropriate circumstances, enforces a policy of terminating the accounts of customers who are repeat infringers. We keep a record of the notices we receive, and an account that is the subject of repeated valid infringement notices may be suspended or terminated, in our discretion and without refund. Circumventing this policy — for example, by re-posting material that was removed under a valid notice — is itself a violation of our Acceptable Use Policy.

9. Removal and suspension without liability

Consistent with the DMCA and our Terms of Service, we may remove or disable access to material, and may suspend or terminate accounts, in response to a valid notice or where we reasonably believe content is infringing, without liability to the customer. We reserve the right at any time and in our sole discretion to remove content, and to take further action, in order to comply with the law, preserve our safe-harbor protections, or protect our network and other customers.

10. Notices from customers and other providers

If the infringing material is located on a website we host but is controlled by our customer’s own end users (for example, a forum or a user-upload feature), we may forward your notice to the responsible customer and ask them to address it directly. In some cases the fastest resolution is to contact the site operator and their own designated agent, where one exists. We remain available as a hosting provider to act on valid notices as described above.

11. No legal advice

This policy describes our process for handling copyright complaints; it is not legal advice and is not a complete statement of your rights or obligations under the DMCA or other law. The full text of 17 U.S.C. § 512 is available from the U.S. Copyright Office. If you have questions about your rights, please consult a qualified attorney.

12. Changes to this policy

We may update this DMCA Copyright Policy from time to time. When we do, we will revise the “Last updated” date shown above. Continued use of DataGuys services after a change takes effect constitutes acceptance of the updated policy.

13. Contact

Questions about this policy — other than the submission of a formal notice, which should go to our Designated Agent as described in Section 4 — may be sent to contact@dataguys.co or by phone at (520) 309-5786. DataGuys.