This policy outlines the requirements for copyright infringement notifications and counter-notifications under the Digital Millennium Copyright Act (DMCA) (17 U.S.C. § 512). This policy is critical for Smartify Host LLC (“Smartify Host,” “we,” “us”) to maintain its Safe Harbor status and avoid liability for copyrighted material hosted by our Customers (Subscribers).
Last updated: October 1, 2025
1. Designated DMCA Agent
All official notifications of claimed copyright infringement must be submitted to the Designated Agent listed below, in writing, via mail or email.
| Detail | Information |
| Designated Agent Name | DMCA Compliance Officer |
| Service Provider | Smartify Host LLC |
| Email Address | dmca@smartifyhost.com (Preferred method) |
| Physical Address | DMCA Compliance Officer, Smartify Host LLC, 30 N Gould St Ste R, Sheridan, WY 82801, USA |
| Telephone Number | +1 (251) 332 2333 |
NOTE: Any notice that does not strictly comply with the requirements below will be deemed invalid.
2. Notification of Infringement (Takedown Notice)
If you (the Complainant) believe that material hosted on Smartify Host’s network infringes on your copyright, you must send a written communication to the Designated Agent containing substantially the following:
- Physical or Electronic Signature of a person authorized to act on behalf of the owner of the copyright interest.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Smartify Host to locate the material (e.g., specific URLs).
- Information reasonably sufficient to permit Smartify Host to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address.
- A statement that the Complainant has 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
3. Smartify Host Response and Takedown Procedure
Upon receipt of a valid and complete Takedown Notice, Smartify Host will promptly:
- Remove or disable access to the material identified as infringing.
- Take reasonable steps to promptly notify the Customer (Subscriber) who posted the allegedly infringing material that the content has been removed or access disabled.
- Inform the Complainant of the removal action.
The Customer’s access to the removed content will remain disabled until Smartify Host receives a valid Counter-Notification (Section 4) or until the dispute is otherwise resolved.
4. Counter-Notification Procedure
If a Customer believes that material was removed or disabled as a result of mistake or misidentification, the Customer may send a Counter-Notification to the Designated Agent.
The Counter-Notification must be a written communication containing substantially the following:
- Physical or Electronic Signature of the Customer.
- Identification of the material that has been removed or to which access has been disabled and the location (specific URL) at which the material appeared before it was removed or access was disabled.
- A statement under penalty of perjury that the Customer has 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.
- The Customer’s name, address, and telephone number.
- A statement that the Customer consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the Customer’s address is outside of the United States, for any judicial district in which Smartify Host may be found, and that the Customer will accept service of process from the person who provided the initial infringement notification or an agent of such person.
4.1 Reinstatement of Material
Upon receipt of a valid Counter-Notification, Smartify Host will promptly forward a copy of the Counter-Notification to the Complainant.
If the Complainant does not inform Smartify Host within ten (10) business days that they have filed a court action seeking a court order to restrain the Customer from engaging in infringing activity relating to the material, Smartify Host may replace the removed material or cease disabling access to it.
5. Termination of Repeat Infringers
Smartify Host adheres to a strict Repeat Infringer Policy. Under this policy, any Customer who is the subject of three (3) or more valid DMCA Takedown Notices may have their account permanently suspended or terminated at the sole discretion of Smartify Host, without refund.