DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY

1. Introduction

Tepsonic LLC (Tepsonic, 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), we will respond expeditiously to claims of copyright infringement committed using our website, tepsonic.com (the Site), or services.

This policy outlines the procedures for reporting copyright infringement and our response process under 17 U.S.C. Section 512 of the DMCA.

2. Designated Copyright Agent

Our designated agent for notice of claims of copyright infringement (DMCA Agent) can be reached as follows:

Note: Only DMCA notices should be sent to the Copyright Agent. Any other inquiries, including product support or account issues, should be directed to our general customer service team.

3. Filing a DMCA Takedown Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Site, you may notify our DMCA Agent by providing a written notice containing the following information:

3.1 Required Elements of a Valid DMCA Notice

To be valid under the DMCA, your notice must include ALL of the following:

• a) Physical or Electronic Signature: A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• b) Identification of Copyrighted Work: Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
• c) Location of Infringing Material: Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material. Please provide specific URLs or webpage locations where the allegedly infringing material appears.
• d) Contact Information: Your contact information, including your full name, mailing address, telephone number, and email address.
• e) Good Faith Statement: 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.
• f) Accuracy Statement Under Penalty of Perjury: 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 an exclusive right that is allegedly infringed.

3.2 Sample DMCA Notice Language

To: dmca@tepsonic.com
I am writing to notify you of copyright infringement on your website.
The copyrighted work is: [Description of your copyrighted work]
The infringing material is located at: [Specific URL(s)]
My contact information is:
Name: [Your Name]
Address: [Your Address]
Phone: [Your Phone Number]
Email: [Your Email Address]
I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner, its agent, or the law.
I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Signature: [Your Signature]

3.3 Important Notices Regarding DMCA Claims

WARNING: Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Courts have found that filers of fraudulent copyright complaints may be liable for damages, attorneys fees, and costs.

Before filing a DMCA notice, please ensure that you have a valid copyright claim and that the use is not authorized or protected by fair use or other legal doctrines.

4. Our Response to DMCA Notices

Upon receipt of a valid DMCA notice that complies with Section 3.1 above, Tepsonic will:

1. Promptly remove or disable access to the material claimed to be infringing
2. Notify the user who posted the material that we have removed or disabled access to it
3. Take reasonable steps to notify the user of their right to file a counter-notification

We will process valid DMCA notices within 2-5 business days of receipt. If your notice is incomplete or does not meet the requirements of Section 512(c)(3) of the DMCA, we will notify you and request additional information.

5. Filing a DMCA Counter-Notification

If you believe that material you posted was removed or disabled by mistake or misidentification, you may file a counter-notification with our DMCA Agent.

5.1 Required Elements of a Valid Counter-Notification

To be valid under the DMCA, your counter-notification must include ALL of the following:

• g) Physical or Electronic Signature: Your physical or electronic signature.
• h) Identification of Material: Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
• i) Good Faith Statement: 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.
• j) Contact Information: Your name, address, telephone number, and email address.
• k) Consent to Jurisdiction: A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or the Western District of Texas if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.

5.2 Processing Counter-Notifications

Upon receipt of a valid counter-notification:

1. We will promptly provide the person who filed the original DMCA notice with a copy of your counter-notification
2. We will inform that person that we will replace the removed material or cease disabling access to it in 10 business days
3. We will replace or restore access to the material 10-14 business days after receiving the counter-notification, unless our DMCA Agent first receives notice from the original complainant that they have filed a court action seeking a restraining order against the alleged infringer

6. Repeat Infringer Policy

In accordance with the DMCA and other applicable laws, Tepsonic has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.

We may also, at our sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

A user will be considered a repeat infringer if they have been the subject of more than two valid DMCA takedown notices within a 12-month period.

7. False Claims and Misrepresentation

Under 17 U.S.C. Section 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, shall be liable for:

• Any damages, including costs and attorneys fees, incurred by the alleged infringer
• Any damages, including costs and attorneys fees, incurred by the copyright owner or licensee
• Any damages, including costs and attorneys fees, incurred by the service provider

Tepsonic reserves the right to seek damages from any party who submits a notification or counter-notification in violation of the law.

8. Limitation on Liability

By complying with the DMCA notice and takedown provisions, Tepsonic is acting as a service provider and is entitled to the safe harbor protections provided under 17 U.S.C. Section 512(c). Tepsonic does not review, approve, or endorse user-generated content and is not liable for copyright infringement by users of our Site or services.

9. No Legal Advice

The information in this policy is provided for informational purposes only and does not constitute legal advice. If you have questions about copyright law, fair use, or whether specific content infringes your rights, you should consult with an attorney.

10. Modifications to This Policy

Tepsonic reserves the right to modify this DMCA Policy at any time. We will post any changes on this page with an updated Last Updated date. Continued use of our Site following any changes constitutes your acceptance of such changes.

11. Additional Resources

For more information about the DMCA and copyright law, please consult the following resources:

• U.S. Copyright Office: www.copyright.gov
• Digital Millennium Copyright Act (full text): www.copyright.gov/legislation/dmca.pdf
• Section 512 of Title 17: www.copyright.gov/title17/92chap5.html#512

12. Contact Information

For DMCA notices and counter-notifications, please contact our designated Copyright Agent:

Tepsonic LLC | DMCA Agent | Austin, TX | Email: dmca@tepsonic.com | Phone: 512-662-1088

For general inquiries (not DMCA-related), please contact: support@tepsonic.com

ACKNOWLEDGMENT

This DMCA Policy complies with the requirements of 17 U.S.C. Section 512(c) of the Digital Millennium Copyright Act. Tepsonic LLC reserves all rights under applicable copyright law and will vigorously defend against false or abusive DMCA claims.