TheXBest.com - Privacy Policy

Last Updated 9.14.21

We respect your privacy, and we want you to know how we use the information we collect. This privacy policy (“Privacy Policy”) applies to your use of our website located at TheXBest.com, as well as to all other online websites disclosed herein (including but not limited to todayinhistory.org, animal resourcefoundation.com, of-the-day.com, wordoftheday.net, quotesnacks.com, devotionaloftheday.com, townoftheday.org, optoutliving.com, chattersource.com) or any other websites operated by TheXBest (collectively, the “Site”), including blogs and interactive services operated by Komondor Agency LLC dba TheXBest.com  (“TheXBest” “us” or “we”), collectively our “Services,” unless a different policy is provided on a particular website. In this Privacy Policy, we describe the information we collect, how TheXBest uses and discloses the information, and your choices regarding our information collection practices.

Please read this Privacy Policy carefully. By visiting our Site and using our Services, you agree that your information, including your personal information, will be handled as described in this Privacy Policy. 

1. Types of Information We Collect

We collect information from and about you, including personal information and information about your use of the Site and our Services. Specifically, we collect information: (1) directly from you, such as when you use our Site, sign up for our newsletter, or request information on products or offers; (2) from third parties, such as when you log in through a social networking site; and (3) automatically, as you move through our Site, such as Site usage, browser types, IP addresses or device IDs, and other data, as discussed below.

2. How We Collect Information

Information We Collect Directly From You. We request information from you when you register for an account for our Site, sign up for our newsletter, request information on products or special offers, or contact us. Depending upon the particular activity, we may request the following information from you: your name, email address, zip code, gender, age range, income range, username, password, credit score, military status, homeowner status and credit card information.

Information We Collect About You From Third Parties. You may link to or log onto our Site through social networking applications, such as Facebook or Twitter. From time to time, we may add the capability to log into our Site through other social networking sites. If you log into our Services through a social networking site, we will request your name and some basic information about you. We also may request certain permissions from you, which vary based on the social networking site. For information about how the particular social networking site may disclose your information, including any information you make public, please consult the privacy policy of the social networking sites you frequent. We have no control over how social networking sites use or disclose the personal information that you provide to them. TheXBest stores the information that we receive from the social networking site along with other information that we collect from you or receive about you.

Information We Collect Automatically. We use cookies, web beacons, and other automated devices to collect information about you when you visit our Site. Specifically, we collect the following information about your use of our Site via these technologies: your browser type and operating system, web pages you view, links you click, your IP address, your interaction with the Site, length of time you are logged in to our Site and websites visited before our Site.

Please see the section “Use of Cookies, HTML5, Web Beacons, and Other Tracking Devices” below for more information about our use of these tracking devices. We may use the information gathered through these methods in anonymous or aggregated form to analyze ways to improve our Services. This information may be associated with your username and may be combined with other information, including personal information that we collect about you.

Our Commitment to Children’s Privacy. We do not collect or maintain information from those we actually know are under 13, and no part of our Services is targeted or intentionally structured to attract anyone under 13. If you are under the age of 13, you are not permitted to use our Services. If you are aware of anyone under the age of 13 using our Site, please notify us. Upon confirmation, we will terminate any account that user may have, and we will eliminate any personal information we may have obtained from that user.

Use of Cookies, HTML5, Web Beacons, and Other Tracking Devices. In order to enhance your experience with our Site, TheXBest or our third party service providers use cookies, web beacons (including clear GIFs) and similar technologies to track user activity and collect data about our Site, Services, and our users. As stated above, we may combine this data with the personal information we have collected from or about you.

• Cookies. We use browser “cookies” on our Site. Cookies are a website’s way of remembering who you are. A cookie is a small text file that is stored on your computer’s hard drive or stored temporarily in your computer’s memory. There are two kinds of cookies, and we use both types of cookies on our Site: “session” cookies and “persistent” cookies. Session cookies are deleted when you close your browser. Persistent cookies remain on your computer and retain information for later use tomorrow, next month or whenever they are set to expire. We use cookies to help us to identify account holders and to optimize their experience on our Site. Also, we will use cookies to monitor and maintain information about your use of this Site. Most Web browsers accept cookies automatically. You can delete cookies manually or set your browser to automatically delete cookies on a pre-determined schedule. If you decline to accept cookies, you may not be able to take advantage of or participate in certain features of this Site. Other companies that place advertising on our Site also have the ability to assign their cookies to you. You can opt out of the collection of certain information about you by many online advertisers. Please see the section below entitled “Advertising” for additional information.
• Use of HTML5. HTML is the software language used for building most of the sites on the internet. Some HTML5 code may allow your responses to advertising and other activities to be monitored across websites, and for such information to be stored on your computer or mobile device and accessed by others you do or have done business with. TheXBest accesses user activity information stored through this feature of HTML5. As with cookies, other companies that place advertising on our Site may have the ability to access information using this feature as well. TheXBest does not control and is not responsible for any such access or for their use of information obtained.
• Web Beacons. Our Web pages or e-mail messages may contain a small graphic image called a Web beacon, which is sometimes also called a “clear gif,” that allows us to monitor and collect certain information about our users, such as the type of browser requesting the Web beacon, the IP address of the computer that the Web beacon is sent to and the time the Web beacon was viewed. Web beacons can be very small or invisible to the user, but, in general, any electronic image viewed as part of a Web page or email, including HTML-based content, can act as a Web beacon. We may use Web beacons to count visitors to our Web pages or to monitor how our users navigate our Site, and we may include Web beacons in email messages in order to count how many of the messages we sent were actually opened or acted upon. We use Web beacons to compile aggregate statistics about our Site and our marketing campaigns.
• Analytics. Each time a visitor comes to the Site, our servers collect information, including, for example, the visitor’s domain name (e.g., the website that you came from), referral data (e.g., depending on your browser, the address of the last page or series of pages you visited prior to clicking through to our Site), and browser and platform type. We may also count, track and aggregate each visitor’s activity as part of our analysis of general traffic flows at our Site (e.g., tracking where traffic comes from, how traffic flows within the Site, etc.). We collect some of this data directly, and we also may engage third party service providers (e.g., Google Analytics) who use the technologies described in this section, to collect this information and to assist us with our analytics.

3. How We Use Your Information

We use your information, including your personal information, to provide our Services to you and for the following purposes:

• To communicate with you, to respond to your inquiries, and for other customer services purposes. 
• To provide information that you have requested to receive from us. 
• To tailor the content, including advertisements and information that we may send or display to you, and to otherwise personalize your experiences while using our Services. 
• To improve our Services. 
• For research purposes. 
• For marketing and advertising purposes. For example, we may send you emails or SMS messages about new features of our Site as well as about our products and services, as well as products and services of third parties, that we believe would be of interest to you. 
• To better understand how users access and use our Services, both on an aggregated and individualized basis.

4. How We Share Your Information

We may provide information, including your personal information (collectively, “information”), to non-affiliated and affiliated parties for a variety of purposes as described in this section and throughout this Privacy Policy.

• Affiliates and Non-Affiliated Third Parties. We may disclose your information to affiliates and non-affiliated companies when we determine that their products or services may be of interest to you, so that they can contact you directly with offers. If you are a California resident, you have a right to obtain information about this sharing; please see the Special Notice to California Consumers below. If you respond to an offer and provide information directly to another company, that information will be subject to that third party’s privacy policy, not this TheXBest Privacy Policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party on your own. TheXBest is not responsible for the manner in which other businesses collect or use your personal information.
• Joint Marketing Events/Partners. We also may partner with third parties for joint marketing events. If you participate in such as an event, including a promotion as discussed below, we may share your information with the third party.
• Third parties providing services on our behalf. We may engage third parties to perform services in connection with the operation of our business. Examples of these services include, but are not limited to: (a) distribution of marketing and promotional material; (b) website evaluation and analytics; (c) fulfilling content or service subscriptions; (d) data collection, storage, management, analysis and, where applicable, cleansing, and (e) any other services designed to assist us in maximizing our business potential. These third parties may have access to information about visitors to our Site, including your personal information, for the purpose of performing their duties and functions. 
• Investigations and security. We may release information about you when legally required to do so, at the request of governmental authorities conducting an investigation, in response to a subpoena or other legal process, or to verify or enforce compliance with the policies governing our Site and applicable laws. We may also disclose such user information at our discretion whenever we decide disclosure is necessary to protect the rights, property or safety of TheXBest, or any of our respective affiliates, business partners, customers or others.
• Aggregate Information. We may disclose aggregated user statistics to third parties for a variety of purposes, including describing our services to prospective partners and other third parties, such as advertisers, and as otherwise described in this Privacy Policy. Examples of such non-personal information include, but are not limited to, the number of users who visited this Site during a specific time period or purchased a specific product through this Site.
• Surveys. TheXBest may from time to time conduct voluntary surveys of visitors to the Site to obtain aggregate demographic information about them. Such information may be compiled and shared in the aggregate with advertisers and other third parties.
• Business Transfers/Bankruptcy. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the acquiring company.

5. Security of Your Information

TheXBest makes efforts to protect your information. However, no website, Internet transmission, computer system or wireless connection is completely secure. TheXBest CANNOT GUARANTEE THAT UNAUTHORIZED ACCESS OR DISCLOSURE, HACKING, DATA LOSS OR OTHER BREACHES WILL NOT OCCUR. As with any activity on the internet, your use of the Site and our Services is at your own risk. TheXBest urges you to take protective steps to keep your information safe by memorizing your password, regularly changing your passwords, keeping them in a safe place (separate from your account information), logging out of your account and closing your Web browser. In addition, you should not provide your password to others. By registering for or using our Services, you are responsible for any use of our Services achieved through the use of your personal password. TheXBest CANNOT AND DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO TheXBest AND YOU DO SO AT YOUR OWN RISK.

6. User Generated Content

Certain portions of our Services permit registered users to post content, including, for example, commenting on an article or posting a picture etc.. Any information that you post to our Services may be viewable by other visitors to our Services. We are not responsible for the privacy of your submissions, or for the accuracy of any information contained in those submissions. Any information that you disclose becomes public information. We cannot prevent such information from being used in a manner that may violate this Policy, the law or your personal privacy. Although TheXBest respects the right of free speech, we will not allow the Site or Services to be used as a tool for the promotion of Hate Speech or hate crimes as defined by applicable federal (18 U.S. Code §249 et seq) and state laws. User generated content should respect the race, color, national origin, religion, gender, disability, age and citizenship status of all people. 

7. Your Choices About Your Information

TheXBest is committed to complying with the CAN-SPAM Act (15 USC 7704) and related regulations. If you would like to remove your name and e-mail address and any other personal information TheXBest may have collected, you can send an email requesting removal to support@TheXBest.com.  TheXBest will make best efforts to remove the requested data in a timely manner. If you no longer wish to receive promotional emails or SMS messages from us, please follow the opt-out instructions in the text of the email. Please note that it may take up to ten days to process your request. Please also note that if you opt-out of receiving promotional emails or SMS messages from us, we may continue to contact you with via email with service related communications.

8. Advertising

We use third parties such as network advertisers to serve advertisements on our Site. Network advertisers are third parties that display advertisements based on the use of personal information as already described in this privacy policy as well as your visits to our Site and other websites you have visited. This enables us and these third parties to personalize and target advertisements to you for products and services in which you might be interested. Third party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information about your usage of our Site and our Services on an aggregated basis.

Please note that you can opt-out of many third-party ad networks. The Network Advertising Initiative (“NAI”) and its members provides education as to your choices regarding having your information used by these companies, including how to “opt-out” of third-party ad networks operated by NAI members. To learn more, see http://optout.networkadvertising.org/?c=1  

You also may contact the Digital Advertising Alliance at http://www.aboutads.info/choices/ for information about opting out of targeted advertising and your choices regarding having information used by About Ads member companies, including how to “opt-out” of third-party ad networks operated by About Ads members. Opting out of one or more NAI members or DAI members (many of which will be the same) only means that those members no longer will deliver targeted content or ads to you, but it does not mean you will no longer receive any targeted content or ads on our Site or other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAI opt-out may no longer, be effective. Additional information is available on NAI’s and DAI’s websites accessible by the above links.

9. Links to Other Web Sites and Services

TheXBest may contain links to, or advertisements about, non-TheXBest websites. Other sites may also reference, advertise or link to the Site. TheXBest DOES NOT ENDORSE OR SPONSOR OTHER WEBSITES NOT DISCLOSED HEREIN AND IS NOT RESPONSIBLE FOR SUCH WEBSITE PRIVACY PRACTICES OR CONTENT, EXPRESSLY DISCLAIMS ANY STATEMENTS OR ASSERTIONS MADE ON SUCH WEBSITES, AND DENIES ALL LIABILITY ASSOCIATED WITH YOUR USE OF, AND THE CONTENT ON, SUCH OTHER WEBSITES AND ADVERTISEMENTS. TheXBest participates in the Amazon Services LLC Associates Program, a program designed to provide a means for us to earn a commission by linking to Amazon.com products and other affiliate sites. Pages on our site may include affiliate links to Amazon and other affiliate sites in which we will receive a referral commission. Please be advised that the practices described in this Privacy Policy do not apply to information gathered through other websites. We encourage you to be aware of when you leave our Services and to read the privacy policies of each website that you use.

10. Consent to Processing in the United States 

Our Services are operated in the United States. By providing any information to TheXBest, all users, including, without limitation, users in Canada, the member states of the European Union or elsewhere outside of the United States, fully understand and consent to this Privacy Policy. By using our Site, participating in any of our services and/or providing us with your information, you consent to the collection, transfer, storage and processing of your information to and in the United States. In addition, you waive any restrictions on such collection, transfer or storage of your information imposed by the laws of any country other than the United States.

11. Changes to Privacy Policy

TheXBest reserves the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this Privacy Policy, in whole or in part, at any time. When we amend this Privacy Policy, we will revise the “last updated” date located at the top of this Privacy Policy. For changes to this Privacy Policy that we consider to be material, we will place a notice on the TheXBest website located at www.TheXBest.com by revising the link to read as “Updated Privacy Policy” for a reasonable amount of time. By providing information to us or using our Services in any way after this Privacy Policy has been revised, you consent and agree to the revised Privacy Policy. The most current version of this Privacy Policy will be available on the Site and will supersede all previous versions of this Privacy Policy.

12. Choice of Law

This Privacy Policy, including all revisions and amendments thereto, and any disputes arising from or relating to this Privacy Policy or your use of our Services, is governed by applicable federal law and the laws of the State of Idaho, without regard to any conflict or choice of law principles that would require application of the laws of another jurisdiction, unless the issue uniquely arises out of a statutory rights specifically granted in the U.S. state from which the user resides.

13. Questions about our Privacy Policy

If you have any further questions or concerns about TheXBest’s privacy policies and use of personal information, please send them to support@TheXBest.com

14. Specific Information for California Residents

If you are a Virginia or California resident, the Consumer Data Protection Act (“CDPA” or the “Act”) and California Consumer Privacy Act of 2018 ("CCPA" or the “Act”), as well as any other successively passed legislation in different state jurisidcitions, permits you to obtain certain disclosures about information you have shared with us in connection with your use of the Services. CCPA also provides you with certain rights with respect to this information. This section outlines those CDPA or CCPA required disclosures and details those rights that apply to "personal information" subject to the Act. Personal information does not include information that is publicly available (as defined by the CCPA), deidentified, or aggregated.

Information We Collect. We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

We collect the information listed above from the following categories of sources: (i) information provided by you, (ii) information we collected when you use our Services, or (iii) information received from third parties.

Use of Personal Information. We may use or disclose the personal information we collect from you for a number of purposes compatible for which it was collected or authorized by you, including for, but not limited to, the following purposes:

• Providing, supporting, promoting, and improving the Services;
• Communicating with you;
• Marketing and advertising;
• Complying with law and our own obligations; and
• For other purposes for which we provide notice to you at the time of collection or for which we obtain your consent.

More information on how we use your personal information is available in the How We Use Your Information section above.

As noted in the Sharing of Collected Information section of this Privacy Policy, we may disclose your personal information to a third party for a business purpose.  When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: Customer Records personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category I: Professional/employment-related information.

Category F: Internet/other similar network activity

Category G: Geolocation data

Category K: Inferences drawn from other personal information. 

We disclose your personal information for a business purpose to these third parties:

• Our affiliates and business partners.
• Service providers.
• Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

In the preceding twelve (12) months, we have sold personal information.

Your Rights and Choices. The Act, as applicable. provides Virginia and California consumers with specific rights regarding their personal information. This section describes your CDPA/CCPA rights and explains how to exercise those rights, as applicable under the respective Act.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Calling us at 208.577.6957
• Emailing us

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  If you have an account with us, we will deliver our written response to that account.  If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination. We will not discriminate against you for exercising any of your Act rights. Unless permitted by the Act, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

15. Notice to Nevada Residents

Under Nevada law, Nevada residents may opt out of the sale of certain “covered information” collected by operators of websites or online services. Nevada law defines a sale of covered information as “the exchange of covered information for monetary consideration by the operator to a person for the person to license or sell the covered information to additional persons.” We currently do not sell covered information, as “sale” is defined by Nevada law. However, if you would like to be notified if we decide in the future to sell personal information as covered by the Nevada act, please contact support@TheXBest.com to provide your name and email address. Regardless of any Nevada “do not sell” request, we may share your data as explained in this privacy policy, such as to enhance your experiences and our services. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.

TheXBest.com - DMCA Policy

Version 3.9.21

It is the policy of Komondor Agency LLC dba TheXBest (“TheXBest”) to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act of 1998, as amended, and other applicable intellectual property laws. This page describes how to serve a Notice of Infringing Material and what to do if any material you have placed on any TheXBest page or TheXBest properties becomes the subject of such a notice.

Before serving either a Notice of Infringing Material or a Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other laws. The following notice requirements are intended to comply with TheXBest's rights and obligations under the DMCA and do not constitute legal advice to you.

Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable subscriber access in response to such a notice, we will make a good-faith attempt to contact the owner of the affected site, or the uploader of the affected material or post, so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Your complaint will also be a matter of record. A copy of the legal notice may be sent to one or more third parties who may then make it available to the public.

Please be advised that you may be liable for damages if you materially misrepresent that a post, product or activity is infringing your copyrights.

By using some of our services, you license other customers to copy works you have uploaded into specific sections of those services or sites. Please examine the posted agreements and terms of service in any situations where you and the alleged infringer are each a customer or subscriber to the same service, since you may have granted a license for some or all uses of your works on the TheXBest site.

If you are a copyright owner or an agent thereof and you believe that any content or link on TheXBest's site has infringed upon your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent the following information in writing:

1. Your physical or electronic signature;
2. Identification of the copyrighted work or works claimed to have been infringed;
3. Identification of the material that is claimed to be infringing that copyrighted work, and URLs or similar information sufficient to permit us to locate that material on our websites and services;
4. Information to permit TheXBest's agent to contact you: your address, telephone number and email address;
5. 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; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

Designated DMCA Agent. TheXBest's designated DMCA Copyright Agent to receive Notices of Infringing Material is:

Komondor Agency LLC

copyright@TheXBest.com 

Phone: (208) 577-6957

Only DMCA notices should go to our DMCA Copyright Agent. Please send electronically with confirmation of Read Receipt to verify we have received your notice. You acknowledge that if you fail to comply with all of the requirements listed, your DMCA notice may not be valid.

Account Termination. Some TheXBest services may not have account holders or subscribers. For sites or services that do, TheXBest will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact TheXBest's agent and provide information sufficient for us to verify that the account holder or subscriber has been determined to be in violation of the DMCA repeatedly.

Counter-Notification. In some instances, a TheXBest's user that has uploaded or posted materials identified as described above may supply a counter-notification. The owner of an affected page on one of TheXBest's sites or services, or the provider of affected content on one of our services may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DCMA. When we receive a counter-notification, we reserve the right to reinstate the posts or material in question.

To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by the DMCA. PLEASE NOTE THAT YOU WILL BE LIABLE FOR DAMAGES IF YOU MATERIALLY MISREPRESENT THAT CONTENT OR AN ACTIVITY IS NOT INFRINGING THE COPYRIGHTS OF OTHERS. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact your own attorney for DMCA and related copyright advice. A sample counter-notification may be composed using the PDF forms at www.lumendatabase.org