Fresh Roasted Hosting has a zero-tolerance policy for abusive conduct, including copyright infringement. Piracy is a serious problem that harms consumers and content creators alike. At the same time, we realize that copyright law is sometimes improperly used to attempt to silence dissenting, unflattering, or unpopular content. To this end, Fresh Roasted Hosting investigates all claims of copyright infringement thoroughly and expeditiously. We strive to protect the rights of content creators and publishers, while simultaneously protecting our customers from improper or invalid claims of infringement. Note that Fresh Roasted Hosting is not a legal authority, and as such can not and will not determine whether or not a copyright infringement has occurred. Rather, we will only determine whether or not any notices received by us are valid, and take action where appropriate. When we receive a notice of copyright infringement, we follow the following procedure:
- We receive a notice of copyright infringement, or we discover infringing content by ourselves.
- If a notice is received, we determine whether or not the notice is valid.
- If the notice is valid, we remove and/or suspend access to the material in question as expeditiously as possible.
- We promptly notify the customer that the material in question has been removed and/or suspended because of a legal notice of 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 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.
Fresh Roasted Hosting does not provide a "cooling off" or "compliance" period. We carefully review all complaints, and respond to all valid complaints as expeditiously as possible. If we believe that a customer may be repeatedly infringing on copyright(s), 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.