By using EveryTransfer’s website and/or service(s) (“Service”), you agree to be bound by this Notice & Takedown Policy (“Policy”). We respect your rights and expect that you respect the rights of others. If we become aware of content uploaded, stored or shared via our Service that may violate applicable laws or these terms, we will act as described below.
1. Scope & Conduct
We subscribe to a code of conduct for online intermediaries to deal with reports of allegedly unlawful content. Under this Policy we will follow our procedures for receiving, evaluating and responding to notifications of disputed content. We do not guarantee removal in all cases, but will act in good faith.
2. Report Requirements
Any person or organisation submitting a report (“Notifier”) must provide full and correct information. A valid report should include:
- Notifier’s contact details (name, organisation if any, address, email);
- Clear identification of the content in question: where it is located (URL or unique identifier) on our Service;
- Reasoning explaining why the content is alleged to be unlawful or in breach of our Terms & Conditions, Privacy Policy or this Policy;
- A statement explaining why EveryTransfer is the appropriate intermediary to handle the matter;
- A declaration that the information provided is accurate and that the Notifier is the rights-holder or authorised to act on behalf of the rights-holder (or otherwise authorised).
3. Indemnity
By submitting a report, the Notifier agrees to indemnify and hold harmless EveryTransfer against any claims brought by the user whose content is in dispute (“Content Provider”), or any third party, arising from our actions taken based on the Report.
4. Urgent Reports
If you believe urgent action is required (for example: immediate risk of serious harm, breach of laws, infringement of rights), your report should clearly explain the urgency and why immediate action is needed. We will determine at our discretion if the case requires accelerated handling.
5. Evaluation & Classification
EveryTransfer will review each submitted Report and classify it into one of the following:
- Content that is punishable or clearly unlawful (e.g., identified by investigation service or legal order);
- Content that is unequivocally unlawful or infringing (though reported by parties other than authorities);
- Other reported content that does not clearly fall into (1) or (2).
6. Measures & Remedies
Depending on classification:
- For category (1) and (2): We will remove or disable access to the content as soon as practically possible;
- For category (3): We may not remove the content; instead, we will notify the Content Provider of the Report and seek their response or agreement. If no agreement is reached, the Notifier may pursue further legal steps;
- If we cannot determine whether the content is unlawful or not, we may provide the Content Provider with an opportunity to respond, or we may choose to remove the content pending further clarity.
- We aim to act in an expedient manner. Typically our target is to complete classification and take the necessary measure within ten (10) days of receipt of the Report, but time may vary depending on complexity.
7. Due Caution
We will exercise due care to ensure only the necessary portion of content is removed or disabled, and any takedown action is proportionate to the Reported issue.
8. Repeat Infringers
We reserve the right to terminate or suspend the accounts of users who repeatedly upload or share content that violates this Policy or our Terms of Service.
9. Content Provider’s Rights
If you are the person whose content has been removed or disabled and you believe the action was taken in error, please contact us with full details. We will review your submission and take action as per applicable law and our Policy.
10. Governing Law & Contact
This policy is governed by the laws of Kolkata, West Bengal, India. Any dispute arising hereunder will be subject to the exclusive jurisdiction of the courts of Kolkata.
For Reports or Queries:
Email: support[at]everytransfer.com