Copyright & Trademark Infringement
Report if you found any infringement noticed from our servers and network.
Copyright Infringement
Notice And Procedure For Making Claims Of Copyright Infringement
Customers of Tomattos are required to respect the legal protection provided by copyright law. If you (“Complainant”) believe that your work has been copied in a way that constitutes copyright infringement by a customer receiving web services from Tomattos, please provide to the Tomattos Technologies Limited copyright agent the information listed below. To be considered effective pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3), your notification must include the requested information below. This procedure is exclusively for notifying Tomattos that your copyrighted material has been infringed:
- An electronic or physical signature of the person legally authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim infringes your copyright is located on the site.
- Your name, mailing address, telephone number and e-mail address.
- A statement by you that you have good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or legally authorized to act on behalf of the copyright owner.
Designation Of Agent To Receive Notification Of Claimed Infringement
A notification of claimed copyright infringement must be provided in writing to:
Copyright Agent – Tomattos Technologies Limited
H-12, 11th Floor, Razzak Plaza
Moghbazar, Ramna, Dhaka-1217
Bangladesh
Phone: 8809606444111, 8801621222111, 8801624222111
E-Mail: abuse@tomattos.com
Upon receipt of notification of claimed copyright infringement, Tomattos will follow the procedures outlined in Title II of the Digital Millennium Copyright Act (17 USC § 512).
Notice And Take-Down Procedures
If Tomattos is notified of a claim of copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is potentially infringing.
Counter Notification
If you received a DMCA notification and believe, upon good faith, that the content was removed or disabled in error, you may provide a counter-notice by notifying us in writing at the designated agent address above, or by emailing abuse@tomattos.com, and providing the following information:
- A physical or electronic signature (type your full name).
- 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.
- 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.
- Your name, mailing address, and telephone number, and a statement that you consent to the jurisdiction of the court for any judicial district in which Tomattos may be found, and that you will accept service of process from the Complainant who provided the copyright notification or an agent of such Complainant.
Upon receipt of a counter-notice, Tomattos shall promptly forward a copy to the Complainant and inform Complainant that it will replace the removed material or cease disabling access to it in ten (10) business days. Tomattos will replace the removed material and cease disabling access to it in not less than ten (10) business days and no more than fourteen (14), business days following receipt of the counter-notice unless Tomattos first receives notice from Complainant that it has filed an action seeking a court order to restrain the Tomattos customer from engaging in infringing activity relating to the material on Tomattos’s web hosting site.
Please note and understand before submitting a counter-notice: Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Repeat Infringers
Under appropriate circumstances, Tomattos may, in its discretion, terminate the accounts of customers who are repeat infringers.
Accommodation Of Standard Technical Measures
It is Tomattos’s policy to accommodate and not interfere with standard technical measures, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works, and (1) have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process; (2) are available to any person on reasonable and nondiscriminatory terms; and (3) do not impose substantial costs on us or place substantial burdens on our systems or networks.
Report Copyright Infringement
Please follow the form below to submit a copyright infringement report.
Trademark Infringement
Customers of Tomattos are required to respect the legal protection provided by trademark law. Trademark complaints are outside the scope of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3) notice and takedown process, however, if you are a trademark owner and, in good faith, believe that a customer receiving services from Tomattos is infringing upon your trademark, there are a couple of ways to address your trademark complaint:
- Domain Name. If your complaint relates to a domain name that contains your trademark, you may file a claim with the Uniform Domain Name Dispute Resolution Policy (“UDRP”) or, where available, the Uniform Rapid Suspension System (“URS”) for resolution. The UDRP is established by the Internet Corporation for Assigned Names and Numbers (ICANN) for the resolution of disputes regarding the registration of internet domain names.
- Trademark Owner. If your trademark complaint is not related to a domain name, you may submit a notice of a trademark infringement to Tomattos at abuse@tomattos.com. To be considered effective, your notification must include the following information:
- Identification of the trademark claimed to have been infringed.
- The trademark registration number and the geographical area where your trademark applies.
- The trademark owner’s name, mailing address, telephone number and e-mail address.
- The category of goods and/or services covered by or offered under the mark.
- The date of first use, and the date of first use in internet commerce of the trademark.
- A link to the mark that you claim to be infringing.
- The precise location of the trademark, including website, email address, etc., and a description of how the content is infringing upon your trademark.
- Sufficient detail that the owner of the website with the alleged infringing mark is a Tomattos customer.
Upon receipt of notification of claimed trademark infringement, Tomattos will notify the customer. If we determine that you are the trademark holder or the authorized representative (e.g., a legal representative or other representative) for a brand, or that you raised a legitimate trademark claim, Tomattos may disable access to the infringing material. In other cases, and after notifying the customer, Tomattos will not take further action without a court order, a UDRP ruling, or a URS ruling.
Repeat Infringers
Under appropriate circumstances, Tomattos may, in its discretion, terminate the accounts of customers who are repeat infringers.
