Notification Policy

Last updated: 2020-11-05 16:58:22

Tencent Cloud has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (https://www.copyright.gov/legislation/dmca.pdf) ("DMCA").

Procedure for Reporting Copyright Infringement

Tencent Cloud responds to copyright notifications submitted in accordance with the DMCA. Section 512 of the DMCA outlines the statutory requirements necessary for formally reporting copyright infringement, as well as providing instructions on how an affected party can appeal a removal by submitting a counter-notice.

If you believe that material or content residing on or accessible through Tencent Cloud infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") at the address listed below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

  2. Identification of works or materials being infringed; this includes, at a minimum and if applicable, the URL or IP address of the link shown on the site where such material may be found, as well as the reference or link to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL or IP address of the link shown on the site where such reference or link may be found.

  3. Contact information about the notifier including address, telephone number and, if available, e-mail address.

  4. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; include this statement in the body of the notice:

  “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

  1. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner; include this statement in the body of the notice:

  “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Please contact the Designated Agent at cloud_notice@tencent.com, with a copy to copyrightnotice@tencent.com, or at:

Tencent Cloud

Attention: Legal Department (Copyright Notification)

2747 Park Blvd.

Palo Alto, CA 94306

In addition to the requirements listed above, it may be helpful to include additional information to allow us to identify the work that you claim has been infringed (e.g., a screenshot or copy of the work or the allegedly infringing material). The more details you include in your notification, the easier it will be for Tencent Cloud to respond to your notice.

Consequences of Sending A DMCA Notice

Tencent Cloud will review your notice for accuracy, validity, and completeness. If we find that it satisfies these requirements, we may take appropriate measures consistent with the DMCA. This includes acting expeditiously to forward the notice to the user associated with the allegedly infringing material and removing or disabling access to the allegedly infringing material. If the person who posted the material believes that the notice is incorrect or that they have the right to use the material at issue, they may send a counter-notice under Section 512(g)(3) of the DMCA. If we receive a counter-notice, we will forward it to you and it is up to you to take further legal action. If you do not respond to a valid counter-notice within 10 business days, we may repost or reinstate access to the material.

Please carefully consider any submission of a notice, particularly if you are unsure whether you own (or are lawfully authorized to use) the relevant material. Under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing. So before you send a DMCA notice, make sure that you are the actual copyright holder (or are authorized to act on behalf of the owner), that you have a good-faith belief that the material you are identifying is actually infringing (e.g., that it is not a fair use), and that you understand the repercussions of submitting a false claim.

Procedure for Submitting a Counter-Notice

If you are a user who posted allegedly infringing material and who received notification to that effect from Tencent Cloud, you may elect to send us a counter-notice if you dispute the claim of infringement. Your counter-notice must include the following information:

  1. A physical or electronic signature from you or a person authorized to act on your behalf.
  2. Identification of the disputed material and the location at which the disputed material appears or appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed, disabled, or identified as infringing as a result of mistake or misidentification.
  4. Your contact information, including your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Tencent Cloud may be found, and that you will accept service of process from the person who provided the initial copyright notification or an agent of such person.

Such written notice should be sent to our Designated Agent at cloud_notice@tencent.com, with a copy to copyrightnotice@tencent.com, or at:

Tencent Cloud

Attention: Legal Department (Copyright Notification)

2747 Park Blvd.

Palo Alto, CA 94306

Repeat Infringer Policy

Consistent with the requirements of the DMCA and in appropriate circumstances, Tencent Cloud will promptly terminate the accounts of subscribers who repeatedly infringe the copyrights of others.

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