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DIGITAL MILLENNIUM COPYRIGHT ACT

It's our policy to respond to clear notices of any alleged copyright infringement. This page describes the information that should be present in these notices. By following this format, it will make it as straight forward as possible to notify NOXHosting of these notices and helps reduce the amount of notices that are tough to understand. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.

Regardless of whether we may be liable for such infringement under local country law or United States law, 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. NOXHosting will make a good-faith attempt to notify the administrator or owner of the affected content and or web site so that they can make a counter notification if necessary. We may also make records of any notifications of this manner for use on repeat offenders. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it.

Infringement Notification for Web Search and all other products

To file a DMCA complain to our abuse department, it must be in written form (not e-mail unless permitted to by us), and it must follow the following outline below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a past case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorney's fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

For the fastest results in addressing your DMCA complaint, please follow the outline below so we can review it as accurately as possible:

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on http://www.legal.com/legal_page.html") or other information sufficient to specify the copyrighted work being infringed (for example, "The copyrighted work at issue is the "Touch Not This Cat" by Dudley Smith, published by Smith Publishing, ISBN #0123456789").
  2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. For web search, you must identify each search result that directly links to a web page that allegedly contains infringing material. This requires you to provide (a) the search query that you used, and (b) the URL for each allegedly infringing search result.
  3. Provide information reasonably sufficient to permit NOXHosting to contact you (email address is preferred).
  4. Provide information, if possible, sufficient to permit NOXHosting to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
  5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  7. Sign the paper.
  8. Send the written communication to the following address:

NOXHosting
Attn: NOXHosting Abuse Department, DMCA Complaints
P.O. Box 1703
Houston,TX 77268-17037

Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice will be sent to a third-party which may publish and/or annotate it. We will contact the owner/administrator by forwarding the written letter, along with an email copy to ensure immediate delivery and action is taken.

Counter Notification

The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

To file a counter notification with us, you must provide a written communication (by fax or regular mail – not by e-mail unless allowed by NOXHosting) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

As noted above, to ensure accurate and quick actions to be taken, we ask you follow the outline below:

  1. Identify the specific URLs or other unique identifying information of material that NOXHosting has removed or to which NOXHosting has disabled access.
  2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or one of the following counties if your address is outside of the United States: Hennepin County, Minnesota, Broome County, New York, Sanata Clara County, California), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
  3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
  4. Sign the paper.
  5. Send the written communication to the following address:

NOXHosting
Attn: NOXHosting Abuse Department, DMCA Complaints
P.O. Box 1703
Houston,TX 77268-17037

For any additional questions regarding the DMCA process for any NOXHosting products please contact us at [email protected]

Account Termination

Many NOXHosting Services do not have account holders or subscribers. For Services that do, NOXHosting 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 NOXHosting and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer. NOXHosting may or may not have records of repeat offenses kept on file.

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