Intellectual Property Claims (Copyright DMCA) Trademark Infringement

The last update was in December 2022.
REPORTING CLAIMS OF INFRINGEMENT ON COPYRIGHT
User Generated Content is what www.hostrooster.com is made up of user-generated content (UGC). HostRooster doesn’t check the content that users upload or review the content to see if it violates copyright or other rights. But if you think that any of the content that other people have uploaded violates your copyright or another exclusive right, you should follow the steps below. HostRooster looks into reports of violations and removes or disables content that is shown to be infringing on the rights of third parties.

A copyright infringement notice (“Notice”) should include the following information so that we can review your report quickly and effectively:

  • Describe your work that is protected by copyright and what is protected by the copyright(s) you are talking about.
  • Your copyright certificate(s) or designation(s) and the type, such as registered or unregistered.
  • You can show that you own the copyright by giving the registration number or a copy of the registration certificate.
  • A short explanation of how our user(s) may have broken your rights (s)
  • A clear reference to the materials you say is infringing and want to be taken down, such as the HostRooster® URL, a link to the deliverable given to a user, etc.
  • Your full name, address, phone number, and email address.
  • A statement that you believe, in good faith, that the copyright owner, its agent, or the law does not allow the material to be used in the way that is being complained about.
  • A statement made under penalty of perjury that the information in the notice is true and that you are the copyright owner or the owner of an exclusive right that is being violated, or that you are authorized to make the complaint on behalf of the copyright owner or the owner of an exclusive right that is being violated.
  • Your digital or written signature
  • You can send your Notice to our DMCA/copyright claims agent at the following correspondence address:

The company HostRooster Ltd.
Attention: DMCA/Copyright Claims Agent, 
HOSTROOSTER LTD Company number 11859241 Correspondence address 79 Colthurst Crescent, Finsbury Park, Finsbury Park, London, England, N4 2FF

Note that we will tell the user who you say is violating your copyright about the Notice and give them a chance to respond. If there is enough evidence of infringement, we may remove or suspend the reported materials before we hear back from the user. If the allegedly infringing user sends us a proper counter-notification saying that the allegedly infringing material can be posted, we may let you know and then put back the material that was taken down or disabled. In every case like this, we will follow 17 U.S.C. Section 512 and any other laws that apply.

If you don’t follow all of the rules in Section 512(c)(3) of the DMCA, your DMCA Notice might not work.
Under Section 512(f) of the DMCA, you could be held liable for damages (including costs and attorney’s fees) if you knowingly misrepresent that content or activity on the Website is violating your copyright.

COUNTER-NOTIFICATION PROCEDURES
If you think that the content you posted on the site was taken down or access to it was blocked because of a mistake or misidentification, you can file a “counter-notification” with us by sending a letter to our DMCA / Copyright Claims agent (identified above). The DMCA says that the Counter-Notice must have most of the following:

  • Your written or digital signature.
  • A list of the content that has been taken down or to which access has been blocked, along with the location of the content before it was taken down or access was blocked.
  • Information that lets us get in touch with you (including your name, postal address, telephone number, and, if available, e-mail address).
  • A statement from you, under penalty of perjury, that you have a good faith belief that the material listed above was removed or disabled because of a mistake or because the material to be removed or disabled was misidentified.
  • A statement that you agree to the jurisdiction of the Federal District Court for the judicial district where your address is (or, if you live outside the United States, for any judicial district where the Website may be found) and that you will accept service from the person (or that person’s agent) who gave the Website the complaint at issue.
  • The DMCA lets us put back the content that was taken down if the person who filed the original DMCA Notice doesn’t sue you in court within ten business days of getting a copy of your Counter-Notice. Section 512(f) of the DMCA says that you could be held liable for damages (including costs and attorney’s fees) if you knowingly misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification.

INTERFERENCE WITH A TRADEMARK
User Generated Content is what HostRooster.com is made up of (UGC). HostRooster doesn’t check the content that users upload or check to see if it violates trademarks or other rights. But if you think that any of the content that has been uploaded is against your trademark, you should follow the steps below. HostRooster looks into trademark violations that have been reported and removes or disable content that is found to be infringing on the rights of a third party.

A trademark infringement notice (“TM Notice”) should include the following information so that we can review your report quickly and effectively:

  • Describe your trademark and the goods or services for which you want to use it.
  • Your trademark registration certificate and a copy of the registration’s current status and name from the records of the country’s trademark office. Or, a statement that your mark is not registered and a court ruling that says you have the right to use it.
  • A short explanation of how our user(s) are said to be breaking your trademark (s)
  • Clear reference to the materials you say are infringing and want taken down, such as the GIG® url, a link to the deliverable given to a user, etc.
  • Your full name, address, phone number, and email address.
  • A statement that you believe, in good faith, that the trademark owner, its agent, or the law does not allow the material to be used in the way that is being complained about.
  • A statement made under penalty of perjury that the information in the notice is correct and that you own the trademark or are authorized to make the complaint on behalf of the trademark owner.
  • Your digital or written signature


Your Notice can be sent to:

Attention: DMCA/Copyright Claims Agent: HOSTROOSTER LTD Company number 11859241 Correspondence address 79 Colthurst Crescent, Finsbury Park, Finsbury Park, London, England, N4 2FF

Note that we will tell the user who is supposedly violating your trademark about the TM Notice and give them a chance to respond. If there is enough evidence of infringement, we may remove or suspend the reported materials before we hear back from the user. If the allegedly infringing user tells us that they are allowed to post the allegedly infringing material, we may let you know and then replace the material that was removed or disabled. In every one of these situations, we will follow the law.

REPEAT VIOLATORS
When the situation calls for it, our policy is to disable or delete the accounts of users who repeatedly break the rules.

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