Copyright and Trademark Policy

1. Our role

MessageFuel hosts content that its customers create: email designs, uploaded images and fonts, signup form copy, and hosted copies of sent campaigns. We do not review that content before it is published or sent. We respect intellectual property rights and expect our customers to do the same — the Acceptable Use Policy prohibits infringing content outright.

This policy explains how to tell us about content on our service that infringes your copyright or trademark, and what happens next. It follows the notice and takedown procedure of the Digital Millennium Copyright Act, 17 U.S.C. § 512.

2. Reporting copyright infringement

Send a written notice to our designated agent, at the address in section 6. To be effective under the DMCA it must include substantially all of the following:

• A physical or electronic signature of the copyright owner, or a person authorised to act on their behalf.
• Identification of the copyrighted work claimed to be infringed — or, if a single notice covers multiple works at one site, a representative list of them.
• Identification of the material claimed to be infringing, with enough information for us to locate it. A direct URL to the hosted asset or page is by far the most useful; a screenshot alone usually is not.
• Your contact information: name, postal address, telephone number and email address.
• A statement that you have a good faith belief that the use is not authorised by the copyright owner, its agent, or the law.
• A statement that the information in the notice is accurate, and — under penalty of perjury — that you are the copyright owner or authorised to act on their behalf.

Incomplete notices delay everything. If yours is missing an element we will tell you which one.

3. What we do with a notice

On receiving a valid notice we will act expeditiously to remove or disable access to the material, and we will forward the notice, including your contact details, to the customer who posted it — the law requires us to give them notice, and they are entitled to know who complained. We may also suspend the sending identity, form or campaign involved where the circumstances warrant it. We keep a record of every notice we receive.

4. Counter-notification

If you are a customer whose material was removed and you believe the removal was a mistake or a misidentification, you may send a counter-notification to the same agent. It must include:

• your physical or electronic signature;
• identification of the material removed and the location where it appeared before removal;
• a statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification;
• your name, postal address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the district in which your address is located — or, if your address is outside the United States, the Southern District of Florida — and that you will accept service of process from the person who filed the original notice or their agent.

We will forward a valid counter-notification to the complaining party. Unless they notify us within ten business days that they have filed an action seeking a court order to restrain the activity, we may restore the material in ten to fourteen business days.

5. Repeat infringers and trademark complaints

Repeat infringers

We terminate the accounts of customers who are repeat infringers, in appropriate circumstances and at our discretion. Counter-notified takedowns and notices we find to be abusive are not counted against an account.

Trademark

To report use of your trademark by a MessageFuel customer, write to the same address with: your contact details; the mark, its registration number and jurisdiction, or the basis of your common-law rights; identification of the goods or services it covers; where the infringing use appears, with a URL; an explanation of why the use is likely to confuse; and a statement of your good faith belief that the use is unauthorised. We assess trademark reports on their facts — nominative and comparative use, and the ordinary use of a descriptive word, are not infringement, and we will say so.

Impersonation

If someone is using MessageFuel to impersonate your business in messages — a spoofed sender name, a lookalike domain, a fake invoice — say so explicitly when you write. That is a fraud report as well as a trademark one, we treat it as urgent, and it does not need the formality of a DMCA notice.

6. Misuse of this process

Under 17 U.S.C. § 512(f), a person who knowingly materially misrepresents that material is infringing — or that it was removed by mistake — may be liable for damages, including costs and legal fees. Do not use this process to silence criticism, resolve a contractual dispute, or remove content you simply dislike. We may decline to act on a notice we reasonably believe is abusive, and we may take that into account in deciding whether to act on future notices from the same source.

7. Designated agent

MessageFuel is a product of Vadelis Labs Inc.. Notices should name the company, Vadelis Labs Inc., and be sent to its designated agent:

Mark the notice “DMCA Notice” or “Trademark Notice” in the subject line. Email to Info@messagefuel.com is the fastest route and is sufficient; the postal address is 1784 NW Madrid Way, Boca Raton, FL 33432, United States. Notices sent to any other address, or raised through support chat or social media, may not reach the agent and will not start the clock.

For subpoenas, court orders and law enforcement requests, see Service of Legal Process instead.