DMCA Policy

1. About this policy

Indo Mail is an email and productivity service run by INDO CHATS PRIVATE LIMITED, a company in India, and is used by people in many countries. Copyright owners abroad, particularly in the United States, often send notices that cite the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512. We accept those notices and treat them with the same care as notices under Indian law.

This policy explains how we handle a DMCA-style notice and counter-notice. Our main policy for Indian copyright claims is the Copyright Policy, which you should read with this one. Content that is private, such as an email sent to named recipients or a Drive file that is not shared publicly, is not visible to us and we do not scan it for infringement.

2. Important: Indian law governs, and our registration is planned

Please read this section before relying on the DMCA process.

Indian law governs. Indo Mail is operated from India, and its Terms of Service are governed by the laws of India. The DMCA is a United States law. We follow its notice-and-counter-notice approach as a matter of good practice and fairness, and not because we submit to United States jurisdiction. Nothing in this policy changes the Terms of Service or the Indian law that applies to them.

Designated agent registration is planned, not done. Section 512(c)(2) of the DMCA lets a US service provider list a designated agent with the United States Copyright Office. INDO CHATS PRIVATE LIMITED has not yet registered a designated agent with the US Copyright Office. We plan to do so, and will update this page when it is done. Until then, please send all notices to the email address in section 3. Sending a notice to the Copyright Office's directory will not reach us.

We do not claim a safe harbour that we have not obtained. We nevertheless handle valid notices promptly, because it is the right thing to do.

3. Where to send a notice

Send your notice by email to legal@indoemail.in with the subject line Copyright notice. Our postal address is INDO CHATS PRIVATE LIMITED, 168, GT Rd, near Aloka Cinema, Shibpur, Howrah, West Bengal 711102, India.

Email is much faster than post. We read notices written in English. Please do not send them to the general support addresses, because they may be delayed.

4. What a DMCA notice must contain

Under 17 U.S.C. §512(c)(3)(A), a notice of claimed infringement must be in writing and include the following. We cannot act on a notice that is missing these items, but we will tell you what is missing.

• Signature. A physical or electronic signature of a person authorised to act for the owner of an exclusive right that is said to be infringed. A typed full name is accepted for email.
• The work. Identification of the copyrighted work claimed to be infringed. If one notice covers several works on one site, a representative list.
• The material. Identification of the material claimed to infringe, and information reasonably sufficient for us to find it. For Indo Mail, this is usually the full Drive share link, album link, Business Profile address or ad ID.
• Contact details. Your name, postal address, telephone number and email address, so we can contact you.
• Good-faith statement. A statement that you have a good-faith belief that the use of the material in the way complained of is not authorised by the copyright owner, its agent or the law.
• Accuracy statement. A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorised to act on behalf of the owner of the exclusive right that is said to be infringed.

A notice that is missing the work, the location of the material or the signature may not be enough. If your notice does not substantially include the items above, we are not required to act on it, though we will ask you to fix it.

5. What we do on receiving a valid notice

• We check the notice against the list in section 4, normally within two working days.
• We promptly remove or disable access to the material that is identified, for example by switching off a Drive share link or taking down a Business Profile image.
• We tell the account holder what we did, give them a copy of the notice with your name and contact details, and explain how to send a counter-notice. We may also tell them they can contact you directly.
• We keep a record of the notice for our repeat infringer policy and our legal records.
• We may forward a copy of the notice to a lawyer, to a court or to an authority if we are required to or need advice.

Your notice and the information in it, including your name, may be shown to the user and, in some cases, published in summary form. If you do not want your details shared, do not send a notice. Do not include information you wish to keep private.

6. Counter-notices

If you are a user whose content has been removed, and you believe it was removed by mistake or misidentification, you may send a counter-notice to legal@indoemail.in with the subject line Copyright counter-notice. Under 17 U.S.C. §512(g)(3), it should include:

• Signature. Your physical or electronic signature.
• The material. Identification of the material that has been removed or disabled, and the place where it appeared before.
• Statement under penalty of perjury. A statement that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
• Your details. Your name, address, telephone number and Indo Mail address.
• Consent to jurisdiction. A statement that you consent to the jurisdiction of the federal district court for the judicial district where your address is, or, if your address is outside the United States, to the jurisdiction of any judicial district in which Indo Mail may be found, and that you will accept service of process from the person who sent the original notice or that person's agent.

If you live in India and do not wish to submit to a foreign court, you can still tell us why the removal was mistaken in a counter-notice under the Copyright Policy. We will handle it under Indian law, and a court in Kolkata, West Bengal is the proper forum.

7. Restoration after a counter-notice: 10 to 14 business days

When we receive a valid counter-notice, we send a copy to the person who sent the original notice and tell them that we may restore the material in not less than 10 and not more than 14 business days.

Unless the complainant tells us, within that period, that they have filed a court action seeking an order to restrain the user from the infringing activity, we may restore the material or end the block on access. If the complainant does tell us they have filed an action, the content stays disabled until a court says otherwise or the case is withdrawn.

We do not decide who is right. We follow the process, and ask both sides to settle the matter or take it to a court.

8. Repeat infringers

Section 512(i) of the DMCA expects service providers to have a policy of closing the accounts of repeat infringers. Indo Mail's policy is this:

• A user who is the subject of a valid notice that is not successfully answered by a counter-notice or a court order receives a warning.
• A user who is the subject of three such notices within 12 months is treated as a repeat infringer. Their account may be suspended or closed, and they may be barred from opening another one.
• We may close an account sooner where it is plainly set up to distribute pirated works.
• We do not count a notice that the sender withdraws, that we find to be defective, or that a court has found to be wrong.
• Closure follows our usual notice and appeal steps.

9. Misrepresentation: section 512(f)

Section 512(f) of the DMCA provides that a person who knowingly and materially misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages, including costs and attorney's fees, incurred by the user, the copyright owner or Indo Mail because we relied on the misrepresentation.

Please therefore think carefully before sending a notice or counter-notice. Consider fair use and other exceptions, and take legal advice if unsure. A person who sends false notices may also be responsible under Indian law, and we may refuse to accept notices from them in future. If you discover that your notice was wrong, withdraw it straight away by writing to legal@indoemail.in.

10. Things this policy does not do

• It does not cover private mail. We do not read private mail to look for infringement.
• It does not cover trade mark complaints, which go to the Trademark Policy, or privacy and defamation complaints, which go to the Grievance Officer.
• It is not legal advice. Indo Mail cannot tell you whether a use is lawful, a fair use or a fair dealing.
• It does not give any person the right to sue Indo Mail. Nothing here waives any right or defence available to INDO CHATS PRIVATE LIMITED.
• It does not apply to anything outside the copyright notice process, such as a request for user information. For that, see our Law Enforcement Guidelines.

11. Changes to this policy

We will update this policy when our designated agent is registered with the US Copyright Office, and when the law or our practice changes. The date at the top shows the current version. Notices already in progress will continue under the version in force when they were received.

12. Contact

DMCA and copyright notices and counter-notices: legal@indoemail.in, subject 'Copyright notice' or 'Copyright counter-notice'. Complaints about how a notice was handled: Salena, Grievance Officer, INDO CHATS PRIVATE LIMITED, grievance@indoemail.in. Postal address: INDO CHATS PRIVATE LIMITED, 168, GT Rd, near Aloka Cinema, Shibpur, Howrah, West Bengal 711102, India.

This document is governed by the laws of India.