NETWINDY LLC
Copyright Infringement and DMCA Policy
Effective Date: April 1st 2026

1. Purpose

1.1 Purpose

This Copyright Infringement and DMCA Policy (“Policy“) establishes the procedures by which Netwindy LLC (“Netwindy“, “Company“, “we“, “our“, or “us“) responds to allegations of copyright infringement involving content, applications, systems, websites, cloud resources, and other Services provided by Netwindy LLC.

Netwindy LLC is committed to respecting the intellectual property rights of copyright owners while protecting the rights of its Customers and complying with applicable copyright laws.

1.2 Compliance with Copyright Law

Netwindy LLC endeavors to comply with all applicable copyright laws and regulations, including, where applicable, the United States Digital Millennium Copyright Act (“DMCA“), international copyright treaties, and other applicable intellectual property laws governing the jurisdictions in which Netwindy LLC conducts business.

Nothing contained in this Policy shall be interpreted as limiting any rights or obligations provided under applicable copyright law.

1.3 Objectives

The objectives of this Policy are to:

• Protect the intellectual property rights of copyright owners.
• Provide a clear process for reporting alleged copyright infringement.
• Provide Customers with a fair process for responding to copyright claims.
• Comply with applicable legal requirements governing online service providers.
• Promote responsible use of Netwindy LLC’s Services.
• Maintain the integrity and lawful operation of Netwindy LLC’s hosting and cloud infrastructure.

1.4 Neutral Service Provider

Netwindy LLC acts as a technology service provider and, except where expressly stated otherwise, does not routinely monitor, review, edit, or control Customer-generated content hosted, transmitted, stored, or processed through its Services.

The Customer remains solely responsible for ensuring that all content hosted or transmitted through the Services complies with applicable copyright and intellectual property laws.

1.5 Relationship to Other Agreements

This Copyright Infringement and DMCA Policy is incorporated by reference into the applicable Master Services Agreement (MSA), Terms of Service (TOS), Acceptable Use Policy (AUP), Service Level Agreement (SLA), Statement of Work (SOW), Proposal, Quote, Service Order, and any other governing agreements applicable to the Services.

Violations of this Policy may constitute a material breach of one or more governing agreements.

1.6 Good Faith Administration

Netwindy LLC will administer this Policy in good faith using commercially reasonable procedures while balancing the rights of copyright owners, Customers, and other affected parties consistent with applicable law.

1.7 Customer Acknowledgment

By purchasing, paying for, accessing, using, renewing, or continuing to use any Service provided by Netwindy LLC, the Customer acknowledges that they have read, understand, and agree to comply with this Copyright Infringement and DMCA Policy together with all other governing agreements applicable to the Services.

2. Scope

2.1 Applicability

This Copyright Infringement and DMCA Policy applies to all Customers, authorized users, employees, contractors, consultants, temporary personnel, affiliates, resellers, partners, guests, and any other individual or entity using or accessing Services provided by Netwindy LLC.

This Policy applies regardless of whether the Services are accessed directly or indirectly.

2.2 Covered Services

This Policy applies to all products and Services provided, hosted, managed, monitored, licensed, supported, or resold by Netwindy LLC, including but not limited to:

• Managed IT Services.
• Infrastructure as a Service (IaaS).
• Voice as a Service (VaaS).
• Disaster Recovery as a Service (DRaaS).
• Security as a Service (SECaaS).
• Cloud Services.
• Web Hosting Services.
• Email Hosting Services.
• Application Hosting.
• Virtual Private Servers (VPS).
• Dedicated Servers.
• File Storage Services.
• Backup Services.
• Professional Services.

2.3 Covered Content

This Policy applies to all Customer-generated or Customer-controlled content hosted, stored, transmitted, published, uploaded, processed, or otherwise made available through Netwindy LLC’s Services.

Covered content includes, but is not limited to:

• Websites.
• Software applications.
• Documents.
• Photographs and images.
• Audio recordings.
• Video recordings.
• Source code.
• Databases.
• Digital media.
• Artificial Intelligence training data.
• Machine learning models.
• Other digital content.

2.4 Customer Responsibility

The Customer is solely responsible for ensuring that all content uploaded, hosted, published, transmitted, distributed, or otherwise made available through the Services complies with applicable copyright laws and does not infringe the intellectual property rights of any third party.

2.5 Third-Party Content

Customers shall ensure they possess all necessary ownership rights, licenses, permissions, or other legal authority before using, copying, reproducing, distributing, modifying, displaying, or publishing third-party copyrighted material through Netwindy LLC’s Services.

2.6 Third-Party Service Providers

This Policy does not modify or replace the copyright policies, acceptable use requirements, licensing terms, or intellectual property rules established by third-party software vendors, cloud providers, telecommunications carriers, domain registrars, or other service providers.

Customers remain responsible for complying with all applicable third-party agreements.

2.7 Geographic Scope

This Policy applies worldwide to all Services provided by Netwindy LLC, regardless of the Customer’s physical location or the jurisdiction from which the Services are accessed.

Customers remain responsible for complying with all applicable copyright and intellectual property laws within the jurisdictions in which they operate.

2.8 Survival

The obligations contained within this Policy shall survive suspension or termination of Services to the extent reasonably necessary to investigate copyright claims, preserve evidence, comply with legal obligations, defend legal claims, enforce intellectual property rights, or otherwise protect the rights of Netwindy LLC or third parties.

3. Copyright Compliance

3.1 Respect for Intellectual Property

Netwindy LLC respects the intellectual property rights of authors, creators, artists, software developers, publishers, businesses, and other rights holders. Customers shall use Netwindy LLC’s Services in a manner that respects and protects valid copyrights and other intellectual property rights.

3.2 Customer Responsibility

Customers are solely responsible for ensuring that all content, software, applications, data, media, documentation, artificial intelligence models, training datasets, and other materials uploaded, hosted, stored, transmitted, distributed, or otherwise made available through the Services are lawfully owned or used under an appropriate license, authorization, or other legal right.

The Customer assumes full responsibility for any copyright infringement resulting from materials under its control.

3.3 Prohibited Activities

Customers shall not use Netwindy LLC’s Services to knowingly:

• Copy copyrighted works without authorization.
• Distribute copyrighted material without appropriate rights.
• Host pirated software or digital media.
• Circumvent copyright protection technologies.
• Remove or alter copyright notices or ownership information.
• Facilitate large-scale copyright infringement.
• Operate services intended primarily to infringe intellectual property rights.

3.4 Licensed Content

Customers shall maintain all licenses, subscriptions, permissions, assignments, or other legal rights necessary for the use of copyrighted works utilized through Netwindy LLC’s Services.

Customers are responsible for complying with all license terms applicable to third-party software, digital content, media, databases, and other protected works.

3.5 Fair Use and Other Legal Exceptions

Nothing contained in this Policy is intended to limit any rights or defenses available under applicable copyright law, including fair use, fair dealing, educational exceptions, library exceptions, parody, commentary, criticism, news reporting, research, or other legally recognized exceptions.

Netwindy LLC does not determine whether a particular use qualifies under such legal doctrines and encourages affected parties to seek independent legal advice where appropriate.

3.6 International Copyright Laws

Customers acknowledge that copyright protection may arise under the laws of multiple jurisdictions. Customers are responsible for ensuring that their activities comply with applicable international treaties, national copyright laws, and intellectual property regulations governing the jurisdictions in which they operate.

3.7 Good Faith Compliance

Netwindy LLC will use commercially reasonable efforts to administer this Policy fairly and consistently while respecting the rights of copyright owners, Customers, and other interested parties.

Nothing contained in this Policy shall be interpreted as requiring Netwindy LLC to independently verify ownership of copyrighted works or resolve private intellectual property disputes.

3.8 Repeat Violations

Repeated copyright infringement or repeated violations of this Policy may result in suspension or termination of Services in accordance with the Master Services Agreement (MSA), Terms of Service (TOS), Acceptable Use Policy (AUP), and applicable law.

3.9 Cooperation

Customers agree to cooperate with Netwindy LLC during investigations involving alleged copyright infringement, including providing information reasonably necessary to evaluate claims, respond to legal process, or comply with applicable law.

3.10 Reservation of Rights

Netwindy LLC reserves the right to remove or disable access to allegedly infringing material, suspend affected Services, preserve relevant records, cooperate with copyright owners and governmental authorities, and pursue any contractual, equitable, or legal remedies available under applicable law or the governing agreements.

4. Reporting Copyright Infringement

4.1 Reporting Process

Any copyright owner, authorized representative, or other individual with a good-faith belief that copyrighted material has been infringed through the use of Netwindy LLC’s Services may submit a written copyright infringement complaint in accordance with this Policy.

Reports should contain sufficient information to permit Netwindy LLC to identify the allegedly infringing material and evaluate the claim.

4.2 Good-Faith Requirement

All copyright infringement complaints must be submitted in good faith.

The submitting party represents that it has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law.

4.3 Authorized Complainants

Copyright complaints may be submitted by:

• The copyright owner.
• An individual authorized to act on behalf of the copyright owner.
• An attorney or authorized legal representative.
• Another person otherwise authorized by applicable law.

4.4 Required Information

To facilitate prompt review, copyright complaints should include, where applicable:

• The complainant’s full legal name.
• Company name, if applicable.
• Mailing address.
• Email address.
• Telephone number.
• Identification of the copyrighted work.
• Identification of the allegedly infringing material.
• The URL, IP address, or other location of the material.
• A description of the alleged infringement.
• Any supporting documentation reasonably available.

4.5 Submission Methods

Copyright complaints should be submitted through Netwindy LLC’s designated compliance channels as published by the Company, including email, postal mail, or any online reporting mechanisms that may be made available.

Netwindy LLC reserves the right to modify its reporting methods from time to time.

4.6 Incomplete Complaints

If a complaint does not contain sufficient information to reasonably identify the copyrighted work or the allegedly infringing material, Netwindy LLC may request additional information before proceeding with its review.

Netwindy LLC is under no obligation to investigate incomplete or insufficient complaints.

4.7 No Immediate Determination

Receipt of a copyright complaint does not constitute a determination that infringement has occurred.

Netwindy LLC may conduct a commercially reasonable review before taking action consistent with applicable law and this Policy.

4.8 Preservation of Evidence

Netwindy LLC may preserve system logs, hosted content, communications, audit records, and other relevant information reasonably necessary to evaluate reported copyright claims, comply with legal obligations, or support subsequent legal proceedings.

4.9 Customer Notification

Where appropriate and permitted by applicable law, Netwindy LLC may notify the affected Customer that a copyright complaint has been received and may provide an opportunity to respond in accordance with this Policy or applicable law.

Nothing in this Section obligates Netwindy LLC to delay action where immediate removal or restriction is required by law or necessary to preserve applicable legal protections.

4.10 Reservation of Rights

Netwindy LLC reserves the right to request additional information, reject incomplete or unsupported complaints, remove or disable access to allegedly infringing material where appropriate, cooperate with copyright owners and governmental authorities, and take any action reasonably necessary to comply with applicable copyright laws, including the Digital Millennium Copyright Act (DMCA), international copyright treaties, and other governing legal requirements.

5. DMCA Notices

5.1 Applicability

Where applicable, Netwindy LLC responds to properly submitted copyright infringement notices in accordance with the United States Digital Millennium Copyright Act (“DMCA”), including 17 U.S.C. §512, and other applicable copyright laws.

This Section applies only where the DMCA governs the alleged infringement. Copyright complaints arising under other jurisdictions may be processed under applicable local law.

5.2 Required Elements of a DMCA Notice

To be effective under the DMCA, a written notice should include the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work.
• Identification of the copyrighted work claimed to have been infringed.
• If multiple copyrighted works are involved, a representative list of those works.
• Identification of the allegedly infringing material and information reasonably sufficient to permit Netwindy LLC to locate the material.
• The complainant’s name, mailing address, telephone number, and email address.
• A statement that the complainant has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement that the information contained in the notice is accurate and, under penalty of perjury, that the complainant is authorized to act on behalf of the copyright owner.

5.3 Submission of Notices

DMCA notices should be submitted to Netwindy LLC’s designated Copyright Agent or Compliance Department using the contact information published in this Policy.

Netwindy LLC reserves the right to require that notices be submitted in writing and may request additional documentation where reasonably necessary to evaluate the claim.

5.4 Review of Notices

Upon receipt of a facially complete DMCA notice, Netwindy LLC will conduct a commercially reasonable review to determine whether the notice appears to satisfy the requirements of applicable law.

Receipt of a notice does not constitute a determination that copyright infringement has occurred.

5.5 Corrective Action

Where Netwindy LLC determines that a notice substantially complies with applicable legal requirements, the Company may remove, disable access to, or otherwise restrict the allegedly infringing material while the matter is evaluated in accordance with applicable law.

Such action shall not constitute an admission of liability or infringement by either Netwindy LLC or the Customer.

5.6 Customer Notification

Where appropriate and permitted by law, Netwindy LLC may notify the affected Customer that a DMCA notice has been received and may provide information regarding the Customer’s rights to submit a counter notification as permitted by applicable law.

5.7 Good-Faith Requirement

Netwindy LLC expects all DMCA notices to be submitted in good faith. Persons submitting knowingly false, misleading, or fraudulent notices may be subject to liability under applicable law, including 17 U.S.C. §512(f), and other available legal remedies.

5.8 Preservation of Records

Netwindy LLC may preserve copies of DMCA notices, related communications, hosted content, system logs, audit records, and other information reasonably necessary to administer this Policy, comply with legal obligations, or support judicial or administrative proceedings.

5.9 No Legal Advice

Netwindy LLC does not provide legal advice regarding copyright ownership, infringement claims, fair use, licensing disputes, or the preparation of DMCA notices or counter notifications.

Parties are encouraged to consult qualified legal counsel regarding their rights and obligations under applicable copyright law.

5.10 Reservation of Rights

Netwindy LLC reserves the right to request additional information, reject incomplete notices, remove or disable allegedly infringing material, preserve relevant evidence, cooperate with copyright owners and governmental authorities, and take any action reasonably necessary to comply with the Digital Millennium Copyright Act (DMCA), applicable copyright laws, the Master Services Agreement (MSA), the Terms of Service (TOS), and other governing agreements.

6. Review Process

6.1 Initial Review

Upon receipt of a copyright infringement complaint or DMCA notice, Netwindy LLC will conduct a commercially reasonable preliminary review to determine whether the submission appears to contain sufficient information for evaluation under this Policy and applicable law.

Receipt of a complaint does not constitute a finding that copyright infringement has occurred.

6.2 Verification of Completeness

Netwindy LLC may review the submitted materials to determine whether the complaint contains the information reasonably necessary to identify the allegedly infringed work, the allegedly infringing material, the affected Service, and the identity of the complainant.

Incomplete submissions may be returned with a request for additional information.

6.3 Neutral Evaluation

Netwindy LLC acts as a neutral technology service provider and does not undertake to determine ownership of copyrighted works or adjudicate disputes regarding intellectual property rights.

The Company’s review is limited to determining the appropriate operational response under this Policy and applicable law.

6.4 Investigation

Where reasonably necessary, Netwindy LLC may review available technical information, system logs, hosted content, account information, audit records, network activity, and other relevant operational data to evaluate the reported claim.

Such investigations shall be conducted using commercially reasonable procedures consistent with the Company’s operational and legal obligations.

6.5 Requests for Additional Information

Netwindy LLC may request additional documentation or clarification from the complainant, the Customer, or other interested parties where reasonably necessary to complete its review.

Failure to provide requested information may delay or prevent further action.

6.6 Temporary Measures

Where Netwindy LLC reasonably determines that immediate action is appropriate to comply with applicable law or preserve statutory protections, the Company may temporarily remove, disable access to, or restrict allegedly infringing material while the review process is ongoing.

Such temporary measures shall not constitute a determination of liability or infringement.

6.7 Customer Notification

Where permitted by applicable law and reasonably practicable, Netwindy LLC may notify the affected Customer that a copyright complaint has been received and may provide information regarding the applicable review process, including any available response or counter-notification procedures.

6.8 Good-Faith Administration

Netwindy LLC will administer the review process in good faith using commercially reasonable procedures designed to balance the rights of copyright owners, Customers, and other affected parties while complying with applicable legal obligations.

6.9 No Obligation to Resolve Ownership Disputes

Netwindy LLC is not obligated to resolve disputes concerning ownership of copyrighted works, licensing rights, contractual disputes, fair use claims, or other legal issues that are properly resolved by the parties or a court of competent jurisdiction.

6.10 Reservation of Rights

Netwindy LLC reserves the right to request additional information, suspend or terminate the review of unsupported claims, remove or disable access to allegedly infringing material where appropriate, preserve relevant evidence, cooperate with copyright owners, Customers, governmental authorities, and courts, and take any action reasonably necessary to comply with applicable copyright laws, the Digital Millennium Copyright Act (DMCA), the Master Services Agreement (MSA), the Terms of Service (TOS), and other governing agreements.

7. Removal or Disablement of Content

7.1 Right to Remove or Disable Content

Where Netwindy LLC reasonably determines that removal or restriction of content is appropriate under applicable law, the Digital Millennium Copyright Act (DMCA), court order, legal process, or this Policy, Netwindy LLC may remove, disable access to, restrict, or otherwise limit access to the allegedly infringing material.

Such action may be temporary or permanent depending upon the circumstances of the reported infringement.

7.2 Temporary Disablement

Where appropriate, Netwindy LLC may temporarily disable access to allegedly infringing material while conducting its review or while awaiting additional information from the complainant or the Customer.

Temporary disablement shall not constitute a determination that copyright infringement has occurred.

7.3 Preservation of Evidence

Prior to or following removal or disablement, Netwindy LLC may preserve copies of the affected content, system logs, audit records, communications, account information, and other technical evidence reasonably necessary to investigate the matter, comply with legal obligations, or support judicial or administrative proceedings.

7.4 Customer Notification

Where permitted by applicable law and reasonably practicable, Netwindy LLC may notify the affected Customer that content has been removed, disabled, or restricted as a result of a copyright complaint or DMCA notice.

Such notification may include information regarding the Customer’s ability to submit a counter notification where permitted by applicable law.

7.5 Immediate Action

Netwindy LLC reserves the right to immediately remove or disable access to content without prior notice where the Company reasonably believes such action is necessary to comply with applicable law, preserve statutory protections, respond to legal process, mitigate operational risk, or protect the rights of Netwindy LLC, copyright owners, Customers, or third parties.

7.6 Restoration of Content

Where applicable law permits and the requirements of this Policy have been satisfied, Netwindy LLC may restore previously removed or disabled content following receipt and evaluation of a valid counter notification or other appropriate legal documentation.

Nothing in this Section obligates Netwindy LLC to restore content where restoration would violate applicable law or legal process.

7.7 No Determination of Liability

Removal, disablement, or restoration of content shall not be interpreted as a determination by Netwindy LLC regarding copyright ownership, infringement, fair use, licensing rights, or the legal merits of any dispute between the parties.

Netwindy LLC does not act as a court or arbitrator in resolving copyright disputes.

7.8 Operational Discretion

Netwindy LLC may determine the scope of any removal or restriction based upon the nature of the alleged infringement, the technical architecture of the affected Services, applicable legal requirements, operational considerations, and the information available at the time of review.

7.9 Effect on Services

Where removal of allegedly infringing material materially affects the operation of a website, application, hosted environment, or other Service, Netwindy LLC may temporarily suspend or otherwise restrict the affected Service until the matter has been resolved or corrective actions have been completed.

7.10 Reservation of Rights

Netwindy LLC reserves the right to remove or disable access to content, suspend affected Services, preserve relevant evidence, cooperate with copyright owners, governmental authorities, and courts, implement technical measures reasonably necessary to prevent continued infringement, and pursue any contractual, equitable, or legal remedies available under the Digital Millennium Copyright Act (DMCA), the Master Services Agreement (MSA), the Terms of Service (TOS), and applicable law.

8. Counter Notifications

8.1 Right to Submit a Counter Notification

Where permitted by applicable law, a Customer whose content has been removed or disabled in response to a copyright complaint or Digital Millennium Copyright Act (“DMCA”) notice may submit a written counter notification asserting that the material was removed or disabled as a result of mistake, misidentification, or other legally recognized basis.

Submission of a counter notification does not guarantee restoration of the affected content.

8.2 Required Information

To the extent required by applicable law, a counter notification should include:

• The Customer’s physical or electronic signature.
• Identification of the material that has been removed or disabled.
• The location where the material appeared before removal or disablement.
• A statement, under penalty of perjury, that the Customer has a good-faith belief the material was removed or disabled as a result of mistake or misidentification.
• The Customer’s name, mailing address, telephone number, and email address.
• A statement consenting to the jurisdiction of the appropriate court where required under applicable law.

8.3 Submission Process

Counter notifications shall be submitted to Netwindy LLC’s designated Copyright Agent or Compliance Department using the contact information published in this Policy.

Netwindy LLC reserves the right to request additional documentation where reasonably necessary to evaluate the submission.

8.4 Review of Counter Notifications

Upon receipt of a facially complete counter notification, Netwindy LLC will conduct a commercially reasonable review to determine whether the submission appears to satisfy the applicable legal requirements.

Netwindy LLC does not determine the ultimate legal merits of copyright ownership or infringement claims.

8.5 Notification of the Complainant

Where required by applicable law, Netwindy LLC may provide the original complainant with a copy of the counter notification or otherwise notify the complainant that a counter notification has been received.

The complainant may then pursue any remedies available under applicable law.

8.6 Restoration of Content

Where permitted by applicable law and absent receipt of appropriate legal process requiring continued removal, Netwindy LLC may restore access to the affected material following expiration of the applicable statutory waiting period.

Nothing contained in this Section obligates Netwindy LLC to restore material where restoration would violate applicable law, court order, or other legal obligation.

8.7 Preservation of Evidence

Netwindy LLC may retain copies of counter notifications, related correspondence, hosted content, system logs, audit records, and other relevant information reasonably necessary to administer this Policy, comply with legal obligations, or support judicial or administrative proceedings.

8.8 No Determination of Ownership

Acceptance, review, or processing of a counter notification shall not constitute a determination by Netwindy LLC regarding copyright ownership, licensing rights, fair use, infringement, or any other legal issue.

Such matters remain the responsibility of the parties and, where necessary, a court of competent jurisdiction.

8.9 Good-Faith Requirement

Counter notifications shall be submitted in good faith. Customers submitting knowingly false, misleading, or fraudulent counter notifications may be subject to suspension or termination of Services and may incur civil or criminal liability under applicable law.

8.10 Reservation of Rights

Netwindy LLC reserves the right to request additional information, reject incomplete counter notifications, maintain removal of content where legally required, preserve relevant evidence, cooperate with copyright owners, Customers, governmental authorities, and courts, and take any action reasonably necessary to comply with the Digital Millennium Copyright Act (DMCA), the Master Services Agreement (MSA), the Terms of Service (TOS), and applicable law.

9. Repeat Infringers

9.1 Policy on Repeat Infringement

Netwindy LLC maintains a policy of taking appropriate action against Customers who repeatedly infringe the copyrights or other intellectual property rights of third parties through the use of Netwindy LLC’s Services.

This Section is intended to satisfy applicable legal requirements, including those relating to repeat infringer policies under the Digital Millennium Copyright Act (“DMCA”), where applicable.

9.2 Determination of Repeat Infringement

Netwindy LLC reserves the sole discretion to determine whether a Customer or account has engaged in repeated copyright infringement based upon the totality of the circumstances, including the number, nature, credibility, and resolution of prior complaints.

Netwindy LLC is not obligated to adopt any specific numerical threshold before determining that a Customer qualifies as a repeat infringer.

9.3 Corrective Measures

Where Netwindy LLC reasonably determines that repeated infringement has occurred, the Company may require corrective actions including, but not limited to:

• Removal of infringing content.
• Correction of licensing deficiencies.
• Implementation of internal compliance procedures.
• Training of authorized users.
• Submission of written compliance assurances.

9.4 Suspension of Services

Netwindy LLC may temporarily suspend access to affected Services while repeated infringement allegations are investigated or while required corrective actions are being implemented.

Suspension may remain in effect until Netwindy LLC reasonably determines that the identified issues have been adequately addressed.

9.5 Termination of Services

Where Netwindy LLC reasonably determines that a Customer has engaged in repeated, willful, or material copyright infringement, the Company may terminate some or all Services in accordance with the Master Services Agreement (MSA), Terms of Service (TOS), and applicable law.

Termination under this Section shall not limit any other contractual or legal remedies available to Netwindy LLC.

9.6 Effect on Other Agreements

Termination or suspension under this Policy may also constitute a material breach of the Customer’s Master Services Agreement (MSA), Acceptable Use Policy (AUP), Terms of Service (TOS), or other governing agreements where applicable.

9.7 No Obligation to Restore Services

Following termination for repeated copyright infringement, Netwindy LLC shall have no obligation to restore Services, hosted content, accounts, or access credentials except where otherwise required by applicable law or an executed written agreement.

9.8 Preservation of Records

Netwindy LLC may retain records relating to prior copyright complaints, investigations, customer communications, enforcement actions, system logs, audit records, and other information reasonably necessary to administer this Policy, comply with legal obligations, or defend legal claims.

9.9 Good-Faith Administration

Netwindy LLC will administer this Section in good faith using commercially reasonable procedures while balancing the rights of copyright owners, Customers, and other interested parties.

Nothing contained herein shall require Netwindy LLC to terminate Services where the Company reasonably determines that corrective measures adequately resolve the matter.

9.10 Reservation of Rights

Netwindy LLC reserves the right to investigate repeated infringement, suspend or terminate Services, preserve relevant evidence, cooperate with copyright owners, governmental authorities, and courts, and pursue any contractual, equitable, or legal remedies available under the Digital Millennium Copyright Act (DMCA), the Master Services Agreement (MSA), the Terms of Service (TOS), the Acceptable Use Policy (AUP), and applicable law.

10. False Claims and Misrepresentations

10.1 Good-Faith Requirement

All copyright infringement complaints, Digital Millennium Copyright Act (“DMCA”) notices, counter notifications, and other submissions made under this Policy shall be submitted truthfully, accurately, and in good faith.

Knowingly submitting false, misleading, fraudulent, or materially inaccurate information is prohibited.

10.2 False Copyright Claims

No person shall knowingly submit a copyright complaint or DMCA notice alleging infringement where the individual knows, or reasonably should know, that the claim lacks a factual or legal basis.

Netwindy LLC reserves the right to reject unsupported or facially deficient claims.

10.3 False Counter Notifications

Customers shall not knowingly submit false or misleading counter notifications or other responses intended to improperly restore removed content or otherwise interfere with the administration of this Policy.

Knowingly false counter notifications may result in suspension or termination of Services.

10.4 Misrepresentation Under Applicable Law

Parties submitting copyright complaints or counter notifications acknowledge that applicable law, including Section 512(f) of the United States Digital Millennium Copyright Act (DMCA), may impose liability for knowingly making material misrepresentations regarding alleged copyright infringement or the removal of copyrighted material.

Nothing contained in this Policy limits any rights or remedies available under applicable law.

10.5 Fraudulent Conduct

Netwindy LLC prohibits the use of copyright complaints, DMCA notices, or counter notifications as a means to harass competitors, interfere with lawful business operations, suppress lawful speech, disrupt websites, obtain competitive advantage, or otherwise abuse the legal process.

10.6 Investigation of Suspected Abuse

Netwindy LLC reserves the right to investigate suspected fraudulent, abusive, or bad-faith copyright complaints and counter notifications using commercially reasonable procedures.

The Company may request additional documentation where reasonably necessary to evaluate the legitimacy of any submission.

10.7 Corrective Actions

Where Netwindy LLC reasonably determines that a submission was knowingly false, fraudulent, abusive, or materially misleading, the Company may reject the submission, restore previously removed material where appropriate, suspend or terminate Services, preserve relevant records, or take other actions permitted by applicable law or the governing agreements.

10.8 No Determination of Liability

Netwindy LLC’s review of a copyright complaint or counter notification shall not constitute a legal determination regarding fraud, bad faith, copyright ownership, infringement, or liability.

Such determinations remain within the authority of courts or other competent legal tribunals.

10.9 Customer Responsibility

Customers remain solely responsible for the accuracy and legality of all information submitted under this Policy and shall be responsible for any consequences arising from knowingly false or misleading submissions.

10.10 Reservation of Rights

Netwindy LLC reserves the right to reject unsupported submissions, request additional information, preserve relevant evidence, cooperate with copyright owners, Customers, governmental authorities, and courts, and pursue any contractual, equitable, civil, or legal remedies available under the Digital Millennium Copyright Act (DMCA), the Master Services Agreement (MSA), the Terms of Service (TOS), the Acceptable Use Policy (AUP), and applicable law.

11. International Copyright Compliance

11.1 Global Operations

Netwindy LLC provides Services that may be accessed from multiple countries and jurisdictions. Accordingly, copyright disputes may be governed by laws other than those of the United States.

Customers are responsible for ensuring that their use of the Services complies with all applicable copyright and intellectual property laws within the jurisdictions in which they operate.

11.2 International Copyright Laws

In addition to the United States Digital Millennium Copyright Act (“DMCA”), Netwindy LLC may consider applicable international copyright laws, treaties, regulations, court orders, and governmental directives when evaluating copyright complaints.

Nothing contained in this Policy limits Netwindy LLC’s ability to comply with applicable international legal obligations.

11.3 International Treaties

Where applicable, Netwindy LLC recognizes internationally accepted copyright protections established through treaties and conventions, including, but not limited to, the Berne Convention for the Protection of Literary and Artistic Works, the WIPO Copyright Treaty, the TRIPS Agreement, and other applicable international intellectual property agreements.

11.4 Jurisdiction

The procedures described within this Policy are intended primarily to facilitate Netwindy LLC’s operational response to copyright complaints and shall not determine the jurisdiction, venue, governing law, or legal rights applicable to any dispute between private parties.

Questions regarding jurisdiction shall be determined in accordance with applicable law and the governing agreements.

11.5 Foreign Copyright Complaints

Copyright complaints submitted under the laws of jurisdictions outside the United States should include sufficient information to permit Netwindy LLC to understand the applicable legal basis for the claim.

Netwindy LLC may request additional documentation where reasonably necessary to evaluate foreign legal claims.

11.6 Cooperation with International Authorities

Where required by applicable law or legal process, Netwindy LLC may cooperate with foreign courts, governmental authorities, regulatory agencies, intellectual property organizations, and law enforcement agencies having appropriate jurisdiction.

Such cooperation shall be subject to applicable laws governing jurisdiction, privacy, and international legal process.

11.7 Customer Responsibility

Customers remain solely responsible for obtaining all licenses, permissions, authorizations, and legal rights necessary to use copyrighted works in each jurisdiction in which their Services are offered, accessed, or distributed.

Netwindy LLC does not warrant that Customer activities comply with the copyright laws of any particular jurisdiction.

11.8 Conflicting Laws

Where multiple copyright laws may apply to a particular dispute, Netwindy LLC reserves the right to take commercially reasonable actions necessary to comply with applicable legal obligations while protecting its Customers, infrastructure, and business operations.

11.9 No Legal Advice

Netwindy LLC does not provide legal advice regarding international copyright law, licensing, jurisdiction, treaty interpretation, or cross-border intellectual property disputes.

Customers and complainants are encouraged to consult qualified legal counsel regarding their respective rights and obligations.

11.10 Reservation of Rights

Netwindy LLC reserves the right to comply with applicable international copyright laws, treaties, court orders, governmental directives, and legal process, and to preserve relevant evidence, remove or disable content where appropriate, cooperate with domestic and international authorities, and pursue any contractual or legal remedies available under the Master Services Agreement (MSA), the Terms of Service (TOS), the Acceptable Use Policy (AUP), this Policy, and applicable law.

12. Cooperation with Authorities

12.1 Compliance with Legal Process

Netwindy LLC will comply with applicable laws, court orders, subpoenas, search warrants, governmental directives, and other lawful legal process relating to alleged copyright infringement or intellectual property violations.

Nothing contained in this Policy limits Netwindy LLC’s obligations under applicable law.

12.2 Cooperation with Governmental Authorities

Netwindy LLC reserves the right to cooperate with courts, law enforcement agencies, regulatory authorities, governmental organizations, intellectual property offices, and other authorities having appropriate jurisdiction in connection with investigations involving alleged copyright infringement or related legal matters.

12.3 Cooperation with Copyright Owners

Where appropriate and consistent with applicable law, Netwindy LLC may cooperate with copyright owners, authorized representatives, licensing organizations, collective rights management organizations, and legal counsel representing intellectual property rights holders.

Such cooperation shall not constitute an admission that infringement has occurred.

12.4 Preservation of Evidence

Netwindy LLC may preserve system logs, audit records, customer communications, hosted content, account information, network activity, technical evidence, and other relevant information reasonably necessary to respond to legal process, investigate claims, support judicial proceedings, or comply with applicable law.

12.5 Emergency Actions

Where Netwindy LLC reasonably determines that immediate action is necessary to comply with applicable law, preserve statutory protections, prevent ongoing infringement, or protect the Company’s infrastructure or legal interests, Netwindy LLC may remove or disable content, suspend Services, preserve evidence, or take other appropriate operational measures without prior notice where permitted by law.

12.6 Customer Cooperation

Customers agree to reasonably cooperate with Netwindy LLC during investigations involving alleged copyright infringement, including providing information, documentation, or other materials reasonably necessary to evaluate claims or comply with applicable legal obligations.

12.7 Confidentiality

Netwindy LLC will use commercially reasonable efforts to protect Customer information during investigations while complying with applicable law, legal process, contractual obligations, and operational security requirements.

Information may be disclosed where required by law or where reasonably necessary to administer this Policy.

12.8 No Duty to Notify

Where prohibited by law, court order, subpoena, governmental directive, or other applicable legal process, Netwindy LLC shall have no obligation to notify the Customer that information has been requested, preserved, or disclosed.

12.9 Limitation of Responsibility

Netwindy LLC shall not be liable for any action taken in good-faith compliance with applicable copyright laws, court orders, legal process, governmental requests, or other lawful obligations relating to copyright enforcement or intellectual property protection.

12.10 Reservation of Rights

Netwindy LLC reserves the right to cooperate with copyright owners, governmental authorities, courts, regulatory agencies, and law enforcement organizations; preserve relevant evidence; remove or disable content; suspend Services where appropriate; and pursue any contractual, equitable, or legal remedies available under the Digital Millennium Copyright Act (DMCA), the Master Services Agreement (MSA), the Terms of Service (TOS), the Acceptable Use Policy (AUP), this Policy, and applicable law.

13. Limitation of Liability

13.1 Neutral Service Provider

Netwindy LLC acts as a provider of technology, hosting, cloud, communications, and managed services. Except as expressly required by applicable law or the governing agreements, Netwindy LLC does not routinely monitor, review, pre-screen, edit, or approve Customer-generated content prior to its publication, storage, transmission, or distribution.

The Customer remains solely responsible for all content made available through the Services.

13.2 No Determination of Ownership

Nothing contained in this Policy shall be interpreted as requiring Netwindy LLC to determine copyright ownership, authorship, licensing rights, fair use, contractual rights, or the legal merits of any intellectual property dispute.

Such determinations remain the responsibility of the parties involved or a court of competent jurisdiction.

13.3 No Legal Advice

Netwindy LLC does not provide legal advice regarding copyright law, intellectual property rights, licensing, Digital Millennium Copyright Act (DMCA) procedures, fair use, international copyright treaties, or any related legal matter.

Customers and complainants are encouraged to consult qualified legal counsel regarding their respective legal rights and obligations.

13.4 Good-Faith Actions

Netwindy LLC shall not be liable for actions taken in good-faith reliance upon copyright complaints, DMCA notices, counter notifications, court orders, subpoenas, governmental directives, or other legal process reasonably believed to be valid.

Such actions may include, but are not limited to, removing content, disabling access, preserving evidence, restricting Services, or cooperating with governmental authorities.

13.5 No Guarantee of Availability

Removal or disablement of allegedly infringing material may affect the availability or functionality of websites, applications, hosted environments, databases, or other Services.

Netwindy LLC shall not be liable for interruptions reasonably resulting from compliance with this Policy or applicable law.

13.6 Customer Indemnification

To the fullest extent permitted by applicable law and the governing agreements, the Customer shall remain responsible for claims, damages, losses, liabilities, costs, and expenses arising from the Customer’s infringement of copyright or other intellectual property rights through the use of the Services.

This Section supplements, and does not replace, any indemnification obligations contained within the Master Services Agreement (MSA).

13.7 Third-Party Claims

Netwindy LLC shall not be responsible for resolving disputes between copyright owners, Customers, licensors, publishers, distributors, content creators, or other third parties concerning ownership, licensing, or authorized use of copyrighted works.

13.8 Limitation of Remedies

Nothing contained in this Policy expands Netwindy LLC’s contractual obligations beyond those expressly set forth in the applicable Master Services Agreement (MSA), Terms of Service (TOS), Service Level Agreement (SLA), Acceptable Use Policy (AUP), or applicable law.

13.9 Survival

The limitations of liability contained within this Section shall survive suspension or termination of the Services to the maximum extent permitted by applicable law.

13.10 Reservation of Rights

Netwindy LLC reserves all contractual, equitable, statutory, and legal rights available under the Digital Millennium Copyright Act (DMCA), applicable copyright laws, the Master Services Agreement (MSA), the Terms of Service (TOS), the Acceptable Use Policy (AUP), the Service Level Agreement (SLA), and all other governing agreements.

14. Revisions to this Copyright Infringement and DMCA Policy

14.1 Right to Modify

Netwindy LLC reserves the right to revise, amend, modify, supplement, or replace this Copyright Infringement and DMCA Policy (“Policy”) at any time to reflect changes in applicable law, technology, business operations, industry standards, legal requirements, or the Services provided by Netwindy LLC.

14.2 Notice of Changes

Updated versions of this Policy will be published through the Netwindy LLC website, Customer Portal, Billing Portal, or other commercially reasonable communication methods.

The most current version shall supersede all prior versions as of its published effective date unless otherwise expressly stated.

14.3 Continued Use

The Customer’s continued purchase, renewal, payment for, access to, or use of the Services following the effective date of a revised Policy constitutes acceptance of the revised terms to the extent permitted by applicable law.

14.4 Relationship to Other Agreements

This Copyright Infringement and DMCA Policy shall be read together with the applicable Master Services Agreement (MSA), Terms of Service (TOS), Acceptable Use Policy (AUP), Service Level Agreement (SLA), Privacy Policy, Statement of Work (SOW), Proposal, Quote, Service Order, and any other governing agreements applicable to the Services.

In the event of a conflict between this Policy and the Master Services Agreement (MSA), the Master Services Agreement shall control unless otherwise expressly provided in writing.

14.5 No Waiver

The failure of Netwindy LLC to enforce any provision of this Policy shall not constitute a waiver of that provision or any other provision.

No waiver shall be effective unless made in writing by an authorized representative of Netwindy LLC.

14.6 Severability

If any provision of this Policy is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

The invalid provision shall be interpreted or modified only to the extent necessary to preserve the original intent of the parties while complying with applicable law.

14.7 Survival

Any provisions of this Policy that by their nature should survive the expiration or termination of the applicable Service Agreement, including enforcement rights, investigations, preservation of evidence, confidentiality obligations, intellectual property protections, limitations of liability, indemnification obligations, accrued rights, and legal remedies, shall survive such expiration or termination.

14.8 Entire Policy

This Copyright Infringement and DMCA Policy constitutes the complete statement of Netwindy LLC’s procedures governing copyright infringement complaints and Digital Millennium Copyright Act (DMCA) compliance.

No oral statements, marketing materials, proposals, demonstrations, or representations shall modify this Policy unless expressly incorporated into a written agreement executed by Netwindy LLC.

14.9 Reservation of Rights

Nothing contained in this Policy shall be interpreted to limit Netwindy LLC’s rights under the Master Services Agreement (MSA), Terms of Service (TOS), Acceptable Use Policy (AUP), Service Level Agreement (SLA), applicable copyright laws, the Digital Millennium Copyright Act (DMCA), or any other governing agreement.

All rights not expressly granted herein are reserved by Netwindy LLC.

14.10 Effective Date

This Copyright Infringement and DMCA Policy becomes effective upon the Customer’s purchase, payment, acceptance, access to, or continued use of any Service provided by Netwindy LLC and shall remain in effect until superseded by a revised version published by Netwindy LLC or until the applicable Service Agreement is terminated.