DMCA & Trademark Policy

1. Overview

ExchangeHandles is committed to protecting intellectual property rights and preventing the sale of stolen or compromised digital assets. This policy outlines how we handle:

• Trademark Infringement: Handles that infringe registered trademarks
• Copyright Violations: Accounts containing copyrighted content without authorization
• Stolen Accounts: Handles obtained through hacking, phishing, or unauthorized access
• Impersonation: Handles designed to impersonate brands, celebrities, or individuals

2. What We Prohibit

2.1 Trademark Infringement

You may not list or sell handles that:

• Contain registered trademarks of brands or companies (e.g., @Nike, @CocaCola)
• Are confusingly similar to trademarks (e.g., @Niike, @CocaCoIa)
• Use trademarked names in a way that implies endorsement or affiliation
• Violate trademark rights even if the platform itself allows the handle

Example: A handle like @AppleSupport would likely infringe Apple Inc.'s trademark, even if Twitter/X allows it to exist.

2.2 Stolen or Compromised Accounts

Handles obtained through illegal or unauthorized means are strictly prohibited:

• Hacked or phished accounts
• Accounts obtained via social engineering
• Accounts purchased with stolen payment methods
• Accounts accessed without owner's consent
• Accounts recovered using fake IDs or forged documents

If you believe your account is being sold without your permission, file a report immediately.

2.3 Impersonation & Identity Theft

Handles that impersonate real individuals, brands, or entities are prohibited:

• Celebrity or public figure impersonation
• Brand or company impersonation
• Government or institutional impersonation
• Parody or fan accounts that mislead users

2.4 Copyright Violations

Accounts that contain copyrighted material without authorization:

• Profile pictures using copyrighted images
• Accounts primarily used for distributing pirated content
• Handles that facilitate copyright infringement

3. How to Report Infringement

3.1 For Trademark Infringement

Submit a DMCA/trademark takedown notice to legal@exchangehandles.com with:

• Trademark registration details: Registration number, country, trademark class
• Infringing listing URL: Direct link to the listing on our platform
• Explanation: How the handle infringes your trademark
• Good faith statement: "I have a good faith belief that use of the trademark in the manner described is not authorized by the trademark owner, its agent, or the law."
• Accuracy statement: "The information in this notice is accurate, and I am authorized to act on behalf of the trademark owner."
• Signature: Physical or electronic signature

3.2 For Stolen/Compromised Accounts

If your account is being sold without your permission, provide:

• Proof of ownership: Screenshots showing you control the account (logged-in dashboard, email confirmations, etc.)
• Platform verification: Send a DM or post from the account mentioning the report (e.g., "I did not authorize this sale - [Report ID]")
• Timeline: When you discovered the unauthorized listing
• Police report: If account was hacked, file a police report and provide the case number

3.3 For Copyright Violations

Submit a DMCA takedown under 17 U.S.C. § 512(c) with:

• Identification of the copyrighted work
• Link to infringing content
• Your contact information
• Good faith belief statement
• Statement under penalty of perjury that information is accurate
• Physical or electronic signature

3.4 Submission Methods

• Email (primary): legal@exchangehandles.com
• Mail: ExchangeHandles Legal Department, [Address to be provided]
• Online form: Use our infringement report form below

4. Investigation & Response Process

4.1 Timeline

• Initial Review: Within 24 hours of receiving a complete report
• Investigation: 2-5 business days for thorough review
• Resolution: Action taken or response sent within 7 business days

4.2 Temporary Actions

While investigating, we may:

• Temporarily hide the listing from public view
• Suspend the seller's account to prevent other sales
• Freeze escrow funds if transaction is in progress

4.3 Evidence Review

We will examine:

• Trademark registration databases (USPTO, EUIPO, etc.)
• Copyright registrations and proof of authorship
• Platform policies of the listed asset (Twitter/X, Instagram, etc.)
• Account history and verification status
• Seller's history and reputation on our platform

4.4 Outcome Notifications

Both the reporter and seller will be notified of our decision:

• Infringement confirmed: Listing removed, seller warned or banned
• Insufficient evidence: Listing remains, reporter may submit additional evidence
• False claim: Reporter may be banned for abuse of reporting system

5. Consequences for Sellers

5.1 First Violation

• Listing immediately removed
• Written warning issued
• Account flagged for monitoring
• If transaction in progress: funds refunded to buyer

5.2 Second Violation

• All active listings removed
• Account suspended for 90 days
• Mandatory KYC verification required to reactivate
• Loss of seller privileges for 6 months

5.3 Repeat or Severe Violations

• Permanent account ban
• IP and payment method blacklisted
• Information shared with law enforcement if criminal activity is suspected
• Potential legal action to recover damages

5.4 Fraudulent Listings

Sellers who knowingly list stolen or trademarked handles may face:

• Immediate permanent ban
• Forfeiture of escrowed funds
• Referral to law enforcement
• Civil or criminal prosecution

6. Counter-Notice & Appeals

6.1 Seller Rights

If your listing was removed and you believe it was done in error, you may file a counter-notice.

6.2 Counter-Notice Requirements

Your counter-notice must include:

• Your contact information
• Identification of the removed listing
• Statement under penalty of perjury that you believe the removal was erroneous
• Evidence supporting your right to sell the handle (e.g., proof you own the trademark, consent from owner, fair use justification)
• Statement that you consent to jurisdiction of federal court
• Physical or electronic signature

6.3 Counter-Notice Process

1. Submit counter-notice to legal@exchangehandles.com
2. We forward your counter-notice to the original reporter
3. Reporter has 10 business days to file legal action
4. If no action filed, we may restore your listing in 10-14 business days

6.4 False Counter-Notices

Filing a false counter-notice may result in:

• Permanent account suspension
• Liability for damages and legal fees
• Perjury charges (counter-notices are made under penalty of perjury)

7. Designated DMCA Agent

ExchangeHandles' designated agent for DMCA takedown notices under 17 U.S.C. § 512(c):

Note: This agent is registered with the U.S. Copyright Office per DMCA requirements.

8. Repeat Infringer Policy

Per DMCA requirements, ExchangeHandles maintains a policy for terminating repeat infringers:

• Three-strike rule: Users with 3+ substantiated infringement claims are permanently banned
• Pattern detection: We monitor for patterns of infringing behavior
• Proactive removal: Known infringers are pre-emptively blocked from listing

9. Good Faith Requirement

9.1 For Reporters

False or abusive infringement reports are prohibited. Misuse of this system may result in:

• Banning from filing future reports
• Referral to law enforcement for fraudulent DMCA notices
• Liability for damages caused by false reports (per 17 U.S.C. § 512(f))

9.2 For Sellers

Sellers should verify they have the legal right to sell a handle before listing. Due diligence includes:

• Searching trademark databases (USPTO, WIPO)
• Checking if the handle infringes obvious brand names
• Ensuring you obtained the handle legitimately
• Disclosing any known risks or platform policy violations

10. Trademark Safe Harbor

Not all handles containing trademarks are infringing. Allowable uses may include:

• Descriptive use: Generic terms that happen to be trademarked (e.g., "@AppleFarm" for an orchard)
• Fair use: Commentary, criticism, or parody (clearly labeled as such)
• Authorized resale: Handles sold with written permission from trademark owner
• Non-confusing use: Use that does not imply endorsement or affiliation

If your listing falls under fair use or authorized use, include documentation with your counter-notice.

11. Platform Liability Disclaimer

ExchangeHandles is a marketplace platform and not liable for user-generated listings. We operate under the DMCA safe harbor provisions (17 U.S.C. § 512) and Trademark Act safe harbors.

However, we take intellectual property rights seriously and cooperate fully with rights holders to remove infringing content.

12. Report an Infringement

13. Contact Information

• Legal/DMCA: legal@exchangehandles.com
• Support: support@exchangehandles.com
• General inquiries: info@exchangehandles.com

Response time: 24-48 hours for all legal/DMCA inquiries.