Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Naked Hosting, INC. (“Naked Hosting”) system or Web site should be sent ONLY to our Designated Agent.
NOTE: The Following Information is provided solely for notifying Naked Hosting that your copyrighted material may have been infringed.
Written notification must be submitted to the following Designated Agent:
Certified Hosting Solutions
22365 Barton Road
Grand Terrace, CA 92313
Fax: (909) 954-9570
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT TO THE ABOVE CONTACT ABOVE
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement
must include ALL of the following:
- Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
- Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
- Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
- 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.”
- Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
- Upon receipt of notification of a claimed infringement, Naked Hosting will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, regardless of whether the material or activity is ultimately determined to be infringing; if selective action is not possible, Naked Hosting will terminate the alleged infringer’s Internet access.
Naked Hosting will also take reasonable steps to promptly notify the alleged infringer in writing of the claim against him or her, and that it has removed or disabled access to the material (see Sections 512(c)(1)(C) and (g) of the DMCA).
Upon receipt of notice from Naked Hosting that a claim of infringement has been made and/or that the material has been removed or that access to it has been disabled, the Subscriber may provide a Counter Notification.
To be effective, a Counter Notification must meet ALL of the following requirements:
- It must be a written communication;
- It must be sent to the Service Provider’s Designated Agent;
- It must include the following:
- A physical or electronic signature of the Subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement, under penalty of perjury, that the Subscriber has 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;
- The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber’s address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
NOTICE AND TAKE DOWN PROCEDURES
Naked Hosting implements the following “notice and takedown” procedure upon receipt of any notification of claimed copyright infringement. Naked Hosting reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of the Naked Hosting to terminate the account of repeat copyright infringers, when appropriate, and Naked Hosting will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act (“DMCA”). Naked Hosting’s DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with Paragraph 19 and §512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, Naked Hosting shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, Naked Hosting will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. Naked Hosting reserves the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.
CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.