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If you believe a Active Server Hosting
customer is infringing upon your exclusive copyright...
If you have a good faith belief that material on a
system or network controlled or operated by Active Server Hosting
is infringing upon your exclusive copyright please take the following
steps:
1. Provide written notification to Active Server Hosting's
designated agent
(The notification must meet the requirements listed
below.)
Address: Active Server Hosting
P.O. Box 661157
Miami Springs, FL 33266
USA
Active Server Hosting will:
- reply to your notification to confirm its receipt;
- send the Active Server Hosting customer written
notification, along with a copy of your notification, requesting
removal of the allegedly infringing material and requiring confirmation
of the removal be sent to Active Server Hosting within 24 hours;
- disable access to the allegedly infringing material
or the customer's account if the customer fails to remove the
allegedly infringing material and/or fails to inform Active Server
Hosting of the removal within 24 hours of Active Server Hosting's
notification;
- send you notice of the customer's counter notification
and our intent to re-enable access to the material or the account
within 10-14 days of Active Server Hosting's receipt of any customer
counter notification. (This paragraph applies only if the counter
notification meets the requirements listed below.)
2. If Active Server Hosting sends you notice
of the customer's counter notification, please send notice to Active
Server Hosting that you have filed an action seeking a court order
to restrain the customer from engaging in the infringing activity.
Active Server Hosting will, upon receipt of your notice
of filing an action:
- inform the customer of your notice of filing an
action seeking a court order and that access to the account or
material will remain disabled; and
- refrain from re-enabling the customer's access
to the account or information.
ALLEGED COPYRIGHT INFRINGEMENT NOTIFICATION
REQUIREMENTS
Please include all of the following information in
your written notification to Active Server Hosting's designated
agent:
- A physical or electronic
signature of a person authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed
to have been infringed, or, if multiple copyrighted works at a
single online site are covered by a single notification, a representative
list of such works at that site;
- 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 Active Server Hosting
to locate the material;
- Information reasonably sufficient to permit Active
Server Hosting to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address
at which the complaining party may be contacted;
- A statement that the complaining party has 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
- A statement that the information in the notification
is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
If you receive a Notice of Alleged Copyright
Infringement...
Active Server Hosting has received a notice that Active
Server Hosting's network, system(s), or shared server space assigned
to your account contain material that is claimed to be infringing
upon the exclusive copyright of the sender of that notice. Under
the Digital Millennium Copyright Act, 17 United States Code § 512,
Active Server Hosting is required to respond expeditiously to remove
the material that is claimed to be infringing.
Active Server Hosting requests that, within 24 hours
of receiving Active Server Hosting's Notice of Alleged Copyright
Infringement, you remove the allegedly infringing material and notify
Active Server Hosting that you have done so.
If you fail to remove the material and notify Active
Server Hosting that you have done so, Active Server Hosting will
disable access to the material or disable access to your account.
However...
if you believe in good faith that the allegedly infringing
material that has been removed or to which access has been disabled
was done so by mistake or misidentification, please take the following
steps:
1. Provide a written notification, called
a counter notification, to Active Server Hosting's designated agent
as soon as possible.
The counter notification must
meet the requirements listed below.
Address: Active Server Hosting
P.O. Box 661157
Miami Springs, FL 33266
USA
Active Server Hosting will:
- reply to your notification to confirm its receipt;
- send the complainant written notice of your counter
notification and inform them that access to the material will
be enabled within 10-14 days of Active Server Hosting's receipt
of your counter notification unless the complainant provides written
notification to Active Server Hosting that it has filed an action
in court to restrain access to the allegedly infringing material;
- enable access to the allegedly infringing material
or your account within 10-14 days of Active Server Hosting's receipt
of your counter notification unless the complainant provides written
notification to Active Server Hosting that it has filed an action
in court to restrain access to the allegedly infringing material;
COUNTER NOTIFICATION - REQUIREMENTS
Your written counter notification to Active Server
Hosting's designated agent must include all of the following information:
- Your actual or electronic signature;
- Identification of the material that has been removed
or which access has been disabled and the location of the material
prior to its removal or denial or access;
- A statement that, under penalty of perjury, you
have a good faith belief that the material removed or to which
access has been disabled was done so by mistake or misidentification;
- Your name, address, telephone number; and
- 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 your address is outside of the
United States, for any judicial district in which Active Server
Hosting may be found and you will accept service of process from
the person, or their agent, who provided notification who is complaining
of the alleged infringement.
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