WormHole DMCA Policy

Last Updated: December 5, 2024
Effective Date: December 5, 2024

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Overview

WormHole ("we", "us", or "our") respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond expeditiously to claims of copyright infringement that are reported to our designated copyright agent.

This policy applies to both WormHole Drive (our file storage service) and WHMail (our email service).

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1. DMCA Notice Requirements

If you believe that content hosted on WormHole infringes your copyright, please submit a written notification containing the following information:

Required Elements of a DMCA Notice

1. Physical or Electronic Signature

   • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

2. Identification of the Copyrighted Work

   • Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, a representative list of such works.

3. Identification of the Infringing Material

   • 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 us to locate the material. Please provide:
     • The specific URL(s) or share link(s) where the material is located
     • A description of the content
     • Any other identifying information

4. Contact Information

   • Information reasonably sufficient to permit us to contact you, such as:
     • Your full legal name
     • Mailing address
     • Telephone number
     • Email address

5. Good Faith Statement

   • A statement that you have 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.

6. Accuracy Statement

   • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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2. How to Submit a DMCA Notice

Email (Preferred)

Email: dmca@whdrive.app
Subject Line: DMCA Takedown Notice - [Brief Description]

Mail

DMCA Agent:
WormHole Legal Department
ATTN: DMCA Agent
13740 10th Ave. South
Zimmerman, MN 55398
United States

Online Form

Visit: https://whdrive.app/dmca (includes submission form)

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3. Our Response to Valid DMCA Notices

Upon receiving a valid DMCA notice, we will:

3.1 Expeditious Action

• Review the notice within 2 business days
• If valid, remove or disable access to the allegedly infringing material within 24-48 hours
• Notify the user who posted the content (the "alleged infringer")

3.2 User Notification

We will notify the alleged infringer that:

• Their content has been removed or disabled
• A DMCA notice was received
• They have the right to submit a counter-notification
• Repeated infringement may result in account termination

3.3 Documentation

We will maintain records of:

• All DMCA notices received
• Actions taken in response
• Counter-notifications received
• Repeat infringer status

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4. Counter-Notification Procedure

If you believe your content was removed by mistake or misidentification, you may submit a counter-notification.

Required Elements of a Counter-Notification

1. Physical or Electronic Signature

   • Your physical or electronic signature

2. Identification of Removed Material

   • 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 was disabled

3. Statement Under Penalty of Perjury

   • 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

4. Consent to Jurisdiction

   • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if outside the United States, the Federal District Court for the District of Minnesota), and that you will accept service of process from the person who provided the original notification or an agent of such person

5. Contact Information

   • Your name, address, and telephone number

How to Submit a Counter-Notification

Email: dmca@whdrive.app
Subject Line: DMCA Counter-Notification

Mail:
WormHole Legal Department
ATTN: DMCA Counter-Notification
13740 10th Ave. South
Zimmerman, MN 55398
United States

Counter-Notification Process Timeline

1. Receipt: We receive your counter-notification
2. Forward to Complainant (10-14 days): We forward the counter-notification to the original complainant
3. Waiting Period: Complainant has 10-14 business days to file a court action
4. Restoration: If no court action is filed, we will restore the material within 10-14 business days after receiving the counter-notification

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5. Repeat Infringer Policy

WormHole maintains a strict policy against repeat copyright infringement.

5.1 Definition of Repeat Infringer

A user is considered a "repeat infringer" if they have been the subject of:

• Two (2) or more valid DMCA takedown notices within a 12-month period, OR
• Three (3) or more valid DMCA takedown notices at any time

5.2 Consequences for Repeat Infringers

First Offense:

• Content removed
• Warning email sent
• Account flagged

Second Offense (within 12 months):

• Content removed
• Final warning issued
• Account placed on probation (may lose certain features)

Third Offense:

• Content removed
• Account terminated permanently
• User banned from creating new accounts
• IP address may be blocked

5.3 Exceptions

Counter-notifications that result in content restoration will not count toward repeat infringer status.

5.4 Appeals

Users may appeal termination decisions by contacting legal@whdrive.app within 30 days of termination. Appeals will be reviewed on a case-by-case basis.

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6. Zero-Knowledge Encryption Considerations

6.1 Important Notice About Encrypted Content

WormHole uses zero-knowledge encryption for stored files. This means:

• We cannot view the contents of encrypted files
• We cannot scan files for copyrighted material
• We cannot proactively identify infringing content

6.2 Our Capabilities

When we receive a DMCA notice, we can:

• Remove access to specific share links
• Disable specific files identified by URL or share token
• Terminate user accounts
• Provide metadata (upload dates, file sizes) to law enforcement with valid legal process

6.3 Our Limitations

Due to encryption, we cannot:

• Verify the contents of encrypted files
• Search for other copies of infringing material
• Provide file contents to copyright holders

6.4 Shared Content

DMCA notices are most effective for content shared via public share links, where the copyright holder can identify and access the material.

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7. Email Service (WHMail) Specific Provisions

7.1 Transitory Communications

Email transmissions that merely pass through our systems are covered under DMCA Section 512(a) (transitory digital network communications).

7.2 Stored Communications

Email messages stored on our servers (including attachments) are covered under DMCA Section 512(c).

7.3 Reporting Email Infringement

If you believe copyrighted material was sent via WHMail:

• Provide the email header information if available
• Identify the sender's email address
• Describe the copyrighted work
• We will investigate and take appropriate action

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8. Misrepresentation Warning

8.1 False DMCA Notices

Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents:

• That material is infringing, OR
• That material was removed by mistake or misidentification

may be liable for damages, including costs and attorneys' fees incurred by the alleged infringer, the copyright owner, or the service provider.

8.2 We Reserve the Right To:

• Reject notices that appear to be fraudulent
• Seek damages against bad-faith filers
• Report abuse to appropriate authorities

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9. Designated DMCA Agent

Our designated agent for receiving DMCA notices is:

Name: DMCA Agent
Company: WormHole
Address: 13740 10th Ave. South, Zimmerman, MN 55398, United States
Email: dmca@whdrive.app
Phone: [To be added after registration]

Registration: Our DMCA Agent is registered with the U.S. Copyright Office. (Registration Number: [To be added after registration])

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10. International Users

10.1 Applicability

This DMCA policy applies to all users regardless of location. However, the DMCA is a U.S. law.

10.2 EU Users

For EU users, we also comply with the EU Copyright Directive (2019/790) where applicable.

10.3 Other Jurisdictions

We will respond to valid takedown requests from other jurisdictions on a case-by-case basis, consistent with applicable law.

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11. Record Keeping

We maintain records of DMCA notices and counter-notifications for a minimum of 3 years for legal compliance purposes.

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12. Contact Information

For DMCA Notices:

• Email: dmca@whdrive.app
• Mail: 13740 10th Ave. South, Zimmerman, MN 55398

For General Legal Inquiries:

• Email: legal@whdrive.app

For Support:

• Email: support@whdrive.app

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13. Changes to This Policy

We may update this DMCA Policy from time to time. Changes will be posted on this page with an updated "Last Updated" date.

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This policy is intended to comply with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512.