XFLAREHOSTING LLC ("Company," "We," "Us," or "Our") respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, We will respond expeditiously to claims of copyright infringement committed using the XFLAREHOSTING LLC service or network (the "Services") that are reported to Our Designated Copyright Agent identified below.
This policy is incorporated by reference into the XFLAREHOSTING LLC Terms of Service ("ToS") available at https://xflarehosting.com/legal/terms.
1. Reporting Copyright Infringement (Filing a DMCA Notice)
If You are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement ("Takedown Notice") and delivering it to Our Designated Copyright Agent.
Upon receipt of a Takedown Notice as described below, We will take whatever action, in Our sole discretion, We deem appropriate, including removal of the challenged material from the Services.
Your Takedown Notice must substantially include the following information:
- 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 Us to locate the material. Providing specific URLs in the body of an email is the most effective way to help Us locate the content quickly.
- Information reasonably sufficient to permit Us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
- 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. This statement must be included.
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. This statement must be included.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Deliver this Takedown Notice, with all items completed, to Our Designated Copyright Agent:
Designated Copyright Agent:
Attn: DMCA Copyright Agent, XFLAREHOSTING LLC
Upon receipt of a valid Takedown Notice, We will act expeditiously to remove or disable access to the allegedly infringing material and will notify the affected user (the alleged infringer) that We have done so.
2. Counter-Notification Procedures
If You are a user whose material has been removed or disabled as a result of a Takedown Notice and You believe that the material is not infringing or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material, You may send a DMCA Counter-Notice containing the following information to Our Designated Copyright Agent (listed above):
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location (URL) at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and 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 the District of New Jersey if Your address is outside of the United States), and that You will accept service of process from the person who provided the original Takedown Notice or an agent of such person.
Deliver this Counter-Notice, with all items completed, to Our Designated Copyright Agent listed in Section 1.
If a valid Counter-Notice is received by the Designated Copyright Agent, We may send a copy of the Counter-Notice to the original complaining party informing that person that We may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the Counter-Notice, at Our discretion.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages, including costs and attorneys' fees.
3. Repeat Infringers
In accordance with the DMCA and other applicable law, We have adopted a policy of terminating, in appropriate circumstances and at Our sole discretion, users who are deemed to be repeat infringers. We may also at Our sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
4. Modifications
We reserve the right to modify this DMCA Policy at any time. We will indicate changes by updating the "Last Updated" date and posting the revised version on Our website at https://xflarehosting.com/legal/dmca. Your continued use of the Services after changes become effective constitutes Your acceptance of the revised DMCA Policy. Please review this policy periodically.