What is your policy on copyright infringement and/or notices?
Fresh Roasted Hosting has a zero-tolerance policy for copyright infringement. We do not offer any “cooling off period”, and we strictly follow the requirements established in the Digital Millennium Copyright Act (“DMCA”). As per the Fresh Roasted Hosting Terms of Service, we reserve the right to suspend or terminate service at any time, with or without cause, and without refund.
Fresh Roasted Hosting is not a law enforcement agency or court of law. As a result, we can not determine whether or not copyright infringement has occurred. We can only determine whether or not a received notice is valid. The fact that a notice was upheld does not necessarily indicate that copyright infringement has occurred, nor does the fact that a notice was dismissed necessarily indicate that copyright infringement has not occurred.
Upon receipt of a notice of copyright infringement, or upon discovery by us of what we believe may be copyright infringement, Fresh Roasted Hosting will follow the following procedure:
If a notice is received, we will determine whether or not the notice is valid.
If the notice is valid, we will expeditiously remove and/or suspend access to the material in question. We will promptly notify the customer that the material in question has been removed and/or suspended in response to a legal notice of copyright infringement.
The customer may elect to send us a counter-notice claiming that the material does not infringe copyrights. This counter-notice must include:
- the customer's name, address, phone number, and physical or electronic signature;
- identification of the reported material and its location before removal;
- a statement under penalty of perjury that the material was removed by mistake or misidentification; and
- the customer's consent to local federal court jurisdiction, or if overseas, an appropriate judicial body.
If the customer sends us a properly-formed counter-notice, we will forward the counter-notice to the objecting party. The objecting party must either drop the matter or file a lawsuit against the customer within 14 days. If the objecting party does not file a lawsuit against the customer within 14 days, we will attempt to restore the content to its original location to the best of our ability. If we can not restore the content to its original location, we will attempt to provide the customer with a copy of whatever content we removed.
If the customer does not send us a counter-notice, we will consider the matter closed and will destroy any copies we have of the suspended or removed content.
If we believe that a customer is a repeat copyright infringer, we will terminate the service of that customer. We consider a customer to be a repeat infringer after receiving three (3) notices of copyright infringement which we determine to be valid in any rolling 12-month period. Note that as per our Terms of Service, we may suspend or terminate any customer's service(s) at any time, for any reason.