Copyright Policy

This Policy covers material that is stored on the Service and made available to other people through our links:

Private email

Email between a sender and specific recipients is private correspondence; the Service doesn’t publish it. We don’t open private mailboxes in response to a copyright notice. If an email contains a link to a transfer or a Exito Vault share link, send us that link: material reachable through our links is in scope, however the link was shared.

Other complaints

Trademark and other intellectual-property complaints are covered in Trademarks and other rights. For other illegal content, use our Notice & Action process.

A notice can lead to someone losing access to their files, so please check first:

• Make sure the right is yours to enforce. Only the owner of an exclusive right, or someone authorized to act on the owner’s behalf, may send a notice.
• Consider whether the use is allowed. The law permits some uses without permission: fair use in the United States, and exceptions in EU and national law for purposes such as quotation, criticism, review, caricature, parody, pastiche and teaching. US courts have held that rights holders must consider fair use before sending a takedown notice.
• Consider whether there is a license. The person who shared the material may have permission from you, your licensee or a collecting society.
• Consider asking first. If you know the person who shared it, contacting them directly is often the fastest solution.

Send your notice by email to dmca@exitomail.com, or use the form on our Notice & Action page. One notice can cover several links. Please write in English if you can.

Under 17 U.S.C. § 512(c)(3)(A), your notice must be a written communication to our designated agent that includes substantially the following:

1. Signature. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Typing your full legal name at the end of your email counts as an electronic signature.
2. The copyrighted work. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notice, a representative list of such works.
3. The material and where it is. Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate it: the full URL of each transfer, share link or file-request page, and the file names if you can see them. We can’t act on a notice that only names an account or asks us to remove “all files”.
4. Your contact details. Information reasonably sufficient to permit us to contact you, such as an address, a telephone number and, if available, an email address. If you act for someone else, say who you represent.
5. A 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.
6. An accuracy statement. A statement that the information in the notice 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.

A notice with these elements also contains everything Article 16(2) DSA asks for, provided it includes your name and email address.

Template

Incomplete notices

If your notice is missing something, we tell you what is missing (provided you gave us a way to contact you). We may not be able to act until the notice is complete. Notices sent to other addresses or channels may take longer to reach the right people.

For the purposes of 17 U.S.C. § 512(c)(2), our designated agent to receive notifications of claimed infringement is:

Designated agent

EXITO Media LLC, Copyright Agent

Address

111 NE 1st St, 8th Floor, #88287, Miami, FL 33132, United States

Email

dmca@exitomail.com

Telephone

+1 (786) 761-1934

Service provider

EXITO Media LLC, operator of ExitoMail

Registration

DMCA-1083361, in the US Copyright Office's DMCA Designated Agent Directory (נפתח בכרטיסייה חדשה)

Online form

Notice & Action

Email is the fastest route. The address dmca@exitomail.com is only for copyright notices, counter-notices and related correspondence; for anything else, write to support@exitomail.com.

1. 1
   We confirm receipt
   We confirm that we received your notice without undue delay.
2. 2
   We review it
   We check that the notice is complete and look at the material at the links you gave us. If something is unclear, we may ask you for more information. A person makes the decision.
3. 3
   We disable access
   If the notice is valid, we act expeditiously to disable access to the material: we disable the transfer, share link or file-request page, or remove the branding. The underlying file usually remains in its owner’s Exito Vault, inaccessible to others, so that it can be restored if the decision is reversed.
4. 4
   We tell the person who shared it
   We send them a statement of reasons (Article 17 DSA): what we did and why, that we acted on a copyright notice, whether automated means were involved, and how to respond with a counter-notice or complaint.
5. 5
   We tell you our decision
   We let you know what we decided and, if we didn’t act on your notice, why not and how you can contest that.

Timelines

Disabling access does not extend a transfer’s lifetime. When a transfer reaches its expiry date, its files are deleted as usual, even while a dispute is open, so they can’t be restored afterwards.

What we share from your notice

The person who shared the material receives a copy or summary of your notice. Because a copyright claim depends on who holds the right, it includes the name of the rights holder and, if different, of the person or agent who sent the notice. We remove your personal contact details, such as your email address, telephone number and postal address, unless the law requires us to share them.

If material you shared was disabled and you believe that was a mistake (because you own the rights, have a license, the use is permitted by law, or the material was misidentified), you can respond in either or both of the following ways.

Counter-notice (US claims)

Send a counter-notice to our designated agent at dmca@exitomail.com. Under 17 U.S.C. § 512(g)(3), it must be a written communication that includes substantially the following:

1. Signature. Your physical or electronic signature.
2. Identification. 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 to it was disabled (the link in our notice to you).
3. A statement under penalty of perjury. 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 of the material to be removed or disabled.
4. Your details, consent to jurisdiction and acceptance of service. 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 your address is outside the United States, for any judicial district in which EXITO Media LLC may be found, and that you will accept service of process from the person who provided the original notice or an agent of that person.

An email address helps us reach you quickly, but it is optional.

What happens next

We forward a copy of your counter-notice, including your name and contact details, to the person who sent the original notice, as US law requires, and tell them that we will restore the material in 10 business days. We then restore it no sooner than 10 and no later than 14 business days after we received your counter-notice, unless the claimant first tells us that they have filed a court action seeking to restrain you from the allegedly infringing activity.

Complaints under the DSA

Whatever law the notice relied on, you can also contest our decision through our internal complaint-handling system, which follows Article 20 DSA: reply to our notice or write to dmca@exitomail.com within six months of the decision. A complaint doesn’t require you to consent to any court’s jurisdiction. A qualified person reviews it, and we decide without undue delay. If the complaint shows that the material doesn’t infringe or that our decision was wrong, we restore it.

You may also refer the dispute to a certified out-of-court dispute settlement body under Article 21 DSA, where that article applies, and you can always go to court. The person who sent the notice has the same options if we decide not to act on it. See Notice & Action for details.

• False notices and counter-notices. Under 17 U.S.C. § 512(f), anyone who knowingly materially misrepresents that material is infringing, or that it was removed or disabled by mistake, can be liable for damages, including costs and attorneys’ fees. Other legal systems have comparable rules.
• Manifestly unfounded notices. If a person or organization frequently submits notices that are manifestly unfounded, we may, after a prior warning, suspend the processing of their notices for a reasonable period, in line with Article 23 DSA. We decide case by case, considering the number and proportion of unfounded notices, how serious they are, and the sender’s apparent intent.
• Notices used to harass or silence. We may decline notices that aim to harass someone, suppress lawful expression or gain an unfair competitive advantage, and take action under our Acceptable Use Policy against accounts that send them.

In appropriate circumstances, we terminate the accounts of users who repeatedly infringe copyright. This is how we count.

What counts as a strike

• A strike. We record a strike when we disable access to material because of a valid notice and the material is not restored.
• What doesn’t count. Notices that were incomplete, withdrawn or rejected; material restored after a counter-notice where the claimant didn’t go to court; decisions reversed after a complaint or appeal; and claims a court has rejected.
• One batch, one strike. Notices that arrive together, or that concern material shared before we told you about the first notice, normally count as a single strike.
• Pending disputes. A strike is on hold, and doesn’t count toward termination, while a counter-notice or complaint about it is pending.
• Rolling 12 months. Each strike expires 12 months after the date of our statement of reasons.

What happens

Egregious cases

We may terminate an account after fewer strikes, even after one, if it is used mainly for infringement (for example, to distribute pirated films or software to the public, or for commercial piracy), or if a court has found that the account holder infringed.

Business organizations and termination

Strikes are counted per user account. If several members of an organization infringe repeatedly, or the organization doesn’t act on our reports, we may act against the organization. When we terminate an account under this Policy, we give you the opportunity, where lawful and safe, to download mail and files that are not affected before the account is deleted, as set out in our Terms of Service.

The procedures above cover copyright only. For trademarks, counterfeit goods, designs, trade secrets and other intellectual property, write to legal@exitomail.com or use our Notice & Action form, and include:

• the right concerned and, for a registered right, the registration number and the country or region;
• the full link of each transfer, share link or file-request page concerned;
• an explanation of why the material infringes, for example why it is likely to confuse people;
• your contact details and a statement that the information you give is accurate and made in good faith.

We handle these complaints under our Notice & Action process, with the same statement of reasons, complaints and redress options. Simply mentioning a brand, for example to refer to its products, is usually not infringement.

We keep notices, counter-notices, complaints and our decisions for 12 months after the case is closed, or longer while needed for a legal claim or a legal hold, so that we can apply the repeat-infringer policy, handle appeals and defend legal claims.

We share a notice only as this Policy describes: with the person who shared the material (without your personal contact details), with the sender of a notice (a counter-notice), and with authorities or courts where the law requires it.

When we publish a transparency report (see Notice & Action), it includes statistics on copyright notices, such as how many we received, what action we took and how long it took. These statistics don’t identify the people who sent notices or the users concerned.

We may update this Policy as the law or the Service changes, and we show the date of the current version at the top of this page. Copyright notices and counter-notices go to dmca@exitomail.com. Other intellectual-property questions go to legal@exitomail.com.