Terms of Service

 

Acceptable Use Policy (AUP)

We've developed this Acceptable Use Policy (AUP) to help our Customers understand their responsibilities when using our services. It explains our policies regarding activities that may be harmful to our Users or compromise the efficiency of our shared hosting environment.

We may take preventative or corrective action, at our discretion, in response to any of the activities described in this AUP, along with any activities that contradict the spirit of this AUP or the nature of the Internet as an open, efficient method of communicating and conducting business.

To meet the changing needs of our Users, our business, the Internet environment and the legal landscape, this AUP may be revised at any time and we encourage you to review this AUP on our Web site(s) periodically.

If you feel you have discovered a violation of any area of our AUP (other than notices of alleged infringement by our customers or any court orders, subpoenas, search warrants, or other legal process, the email address for all of which is "abuse@sitedarthosting.com"), please report it to:

Dnet Internet Services
SiteDart Hosting
Legal Department
189 E. Palmer Street
Franklin, NC 28734

Phone: (828) 790-7263 (M-F 8am - 10pm EST)
Fax: (828) 349-5764
E-mail: abuse@sitedarthosting.com


IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER AND/OR FAX (FAX # 828-349-5764). DUE TO THE VAGARIES OF THE INTERNET, AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER AND/OR FAX), WILL HELP ASSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.
 
  • General Information. As used herein, the term "User" or "Users" shall include any and all users, Customers, subscribers, affiliates (including without limitations Customers or non-Customers to whom SiteDart Hosting provides links or banners to promote the services or products of SiteDart Hosting or any third party the services or products of which are offered by or obtained through or in connection with SiteDart Hosting), resellers or others (i) who sign up for, use or obtain services or products from SiteDart Hosting or from any third party services or products of which are offered by or obtained through or in connection with SiteDart Hosting, or (ii) who visit the Web site of SiteDart Hosting or of any such third party. As a provider of Internet/World Wide Web access, Web site hosting, and other Internet-related services, SiteDart Hosting, ("SiteDart Hosting") offers Users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. SiteDart Hosting respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, SiteDart Hosting reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, SiteDart Hosting has developed this Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each User's respective service agreement and is intended as a guide to the User's rights and obligations when utilizing SiteDart Hosting's services. This AUP will be revised from time to time. A User's use of SiteDart Hosting's services after changes to the AUP are posted on SiteDart Hosting's Web site, under the Terms of Service section, will constitute the User's acceptance of any new or additional terms of the AUP that result from those changes. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When Users or others obtain information through the Internet, they must keep in mind that SiteDart Hosting cannot and does not monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. For this reason, the user must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because SiteDart Hosting cannot monitor or censor the Internet, and will not attempt to do so, SiteDart Hosting cannot and does not accept any responsibility for injury to its Users or others that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When Users or others disseminate information through the Internet, they also must keep in mind that SiteDart Hosting does not review, edit, censor, or take responsibility for any information its users, customers, subscribers or others may create. When Users or others place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over SiteDart Hosting's network and may reach a large number of people, including both Users and subscribers and non-subscribers of SiteDart Hosting, Users' postings to the Internet may affect others and may harm SiteDart Hosting's goodwill, business reputation, and operations. For these reasons, Users violate SiteDart Hosting policy and the service agreement when they, their users, customers, subscribers, employees, affiliates, or subsidiaries engage in activities described herein.
 
  • Scope. This AUP governs the usage of products and services of SiteDart Hosting or of any third party which are subscribed to or obtained through SiteDart Hosting (the "Services"). This AUP is incorporated by reference into each contract SiteDart Hosting or any such third party enters into with a User for the use of such Services. SiteDart Hosting may modify this AUP at any time without notice. In addition, this AUP is incorporated by reference into the Terms of Service applicable to the Web site of SiteDart Hosting so that no person who utilizes the Web site or services of SiteDart Hosting (regardless of whether that person is a User) may take any action utilizing the Web site of SiteDart Hosting that a User would be prohibited to take utilizing the Services.
 
  • Purpose. The purpose of this AUP is to enhance the quality of the Services and to protect Users, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This AUP applies to each User. Each User should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.
 
  • Prohibited Uses. Users may not:
    • Utilize the Services to send unsolicited bulk and/or commercial messages over the Internet (known as "spam" or "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward SiteDart Hosting, but also because it can overload SiteDart Hosting's network and disrupt service to its Users subscribers. Maintaining an open SMTP relay is prohibited. Any direct action, configuration, or setting that causes excessive outbound e-mail traffic is subject to review and possible action. When a complaint is received, SiteDart Hosting has the absolute and sole discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list, or whether the outbound e-mail traffic generated from an account is suitable for a shared hosting environment.
    • Utilize the Services in connection with any illegal activity or activity otherwise prohibited by this AUP. Without limiting the general application of this rule, Users may not:
      • Utilize the Services in any manner that violates applicable law.
      • Utilize the Services to Forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message; or
      • Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws;
      • Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
      • Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
      • Utilize the Services for or in connection with any activities or content determined by SiteDart Hosting, in its sole discretion, to be related to gambling, adult, obscene or pornographic materials or content, harassment, defamation, libel and hate speech or other offensive speech or content, or for any unlawful purpose, including without limitation, fraud, money laundering, child pornography, terrorist-related activities, activities in violation of U.S. export or import laws, any executive orders, or any rules, regulations or orders issued by Office of Foreign Asset Controls ("OFAC"), infringement on rights of others, trafficking in illegal drugs, or any products or services that are prohibited under applicable law, or which SiteDart Hosting determines to be controversial or disruptive to the operations of SiteDart Hosting or any other User or third party;
      • The use of Botnets, or any act resulting in web browser vulnerabilities, worms or Trojan horses.
      • Use any BitTorrent tracking technology for downloads
    • Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users and Users may not:
      • Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person's consent or (C) otherwise violates the privacy rights of any person. Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
      • Utilize the Services in connection with any other disruptive, controversial or abusive activity, as determined by SiteDart Hosting in its sole discretion. Without limiting the general application of this rule, Users may not:
        • Utilize the Services to cause denial of service attacks against SiteDart Hosting or other network hosts or Internet users or to otherwise degrade or impair the operation of SiteDart Hosting's servers and facilities or the servers and facilities of other network hosts or Internet users; or
        • Post messages or software programs that consume excessive CPU time, or storage space, or network bandwidth; or
        • Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or auto responders other than for the User's own account; or
        • Resell or allow access to or use of, any of our Services except as and only to the extent permitted in one of our authorized Reseller programs. Further, by way of expansion and not by limitation, you may not store files or other data of third parties on our servers; or
        • Utilize the Services to subvert, or assist others in subverting, the security or integrity of any SiteDart Hosting systems, facilities or equipment; or
        • Utilize the Services to gain unauthorized access to the computer networks of SiteDart Hosting or any other person; or
        • Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code; or
        • Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous re-mailers or Internet nicknames); or
        • Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services; or
        • Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator); or
        • Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or Spam; or
        • Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or Spam; or
        • Utilize the Services in any manner that might subject SiteDart Hosting to unfavorable regulatory, law enforcement or other legal action, subject SiteDart Hosting to any liability for any reason, or adversely affect SiteDart Hosting's public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by SiteDart Hosting in its sole discretion;
        • While on a shared hosting platform, utilize, operate, enable, execute, compile, upload or publicly store source code, executable code, programs, or software packages designed to perform tasks not directly associated with Web site/e-mail hosting, including, without limitation, (A) directly opening any listening port, (B) starting any 'daemon' process, (C) performing local/remote security scans, (D) simulating local shell/OS access by means of a tunneled/encapsulated connection to a remote host, (E) circumventing firewall restrictions, (F) connecting to any IRC/Peer to Peer file sharing server/network, (G) providing 'tracker' services to 'BitTorrent' clients and/or (H) exploiting web browser vulnerabilities, as determined by SiteDart Hosting in its sole discretion; or
        • Attempt to attack, disrupt, or abuse the support- and contact-related mechanisms of SiteDart Hosting, including, but not limited to, telephone lines, e-mail addresses, fax lines, bulletin boards or contact/signup forms; or
        • Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.
 
  • Violations:
    • Disclaimer. SiteDart Hosting expressly disclaims any obligation to and does not monitor its Users and other Users with respect to violations of this AUP. SiteDart Hosting has no liability or responsibility for the actions of any of its Users or other Users or any content any User may post on any Web site.
    • Reporting Non-Copyright Violations. SiteDart Hosting encourages Users to report violations of this policy by e-mail to: abuse@sitedarthosting.com, including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, Spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.
    • Reporting Copyright Violations. SiteDart Hosting complies with the Digital Millennium Copyright Act ("DMCA"). SiteDart Hosting encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA which information is located under the DMCA Policy of this Web site.
    • Remedies. If SiteDart Hosting learns of a violation of this AUP, SiteDart Hosting will respond to the applicable User and may, in SiteDart Hosting's sole discretion, take any or all of the following actions, with or without notice as it deems necessary or appropriate in accordance with the severity and duration of the violation:
      • Warning the User: and/or
      • Suspending the offending User from the Services; and/or Terminating or cancelling, or disconnecting the offending User from, the Services; and/or
      • Imposing fees or charges on the offending User account in accordance with the applicable service contract; and/or
      • Removing the offending content; and/or
      • Taking other action in accordance with this AUP, the applicable service contract or applicable law.
 
  • Reservation of Rights. SiteDart Hosting reserves the right to cooperate with and provide any and all User information and data to appropriate legal authorities in investigations or reporting of claims of illegal activity involving SiteDart Hosting's Services. SiteDart Hosting reserves all other rights to respond to violations of this AUP to the extent of applicable law and in accordance with any applicable contractual obligations. SiteDart Hosting may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this AUP and each User agrees that SiteDart Hosting is authorized to monitor its communications through SiteDart Hosting's network for such purposes.

 

Anti-Spam Policy

SiteDart Hosting ("SiteDart Hosting") maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 ("SPAM").

It is your obligation to ensure that e-mail sent by you, or on your behalf, does not violate this law. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. To avoid action under our AUP, please familiarize yourself with the CAN-SPAM Act by following this link: http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business

  1. You may not use any of our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network or services may not:
    1. Otherwise violate SiteDart Hosting's User Agreement, AUP and other Terms of Service
    2. Use or contain invalid or non-existent domain names
    3. Fail to comply with additional technical standards described below
    4. Contain false or misleading information in the subject line or otherwise contain false or misleading content
    5. Use a third party's Internet domain name, or be relayed from or through a third party's equipment, without permission of the third party
    6. Use other means of deceptive addressing
    7. Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path
    8. Use or contain invalid or forged headers
  2. SiteDart Hosting does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through its network. SiteDart Hosting does not permit or authorize others to use its network or services to collect, compile or obtain any information about its Users or subscribers, including but not limited to subscriber e-mail addresses, which are SiteDart Hosting's confidential and proprietary information. Use of our network or services is also subject to our User Agreement, AUP and other Terms of Service.
  3. SiteDart Hosting does not permit or authorize any attempt to use its network or services in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party's use and enjoyment of any SiteDart Hosting product or service.
  4. We monitor for SPAM all traffic to and from our servers. Customers suspected of using SiteDart Hosting's products and services for the purpose of sending SPAM will be investigated. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. It is SiteDart Hosting's policy to immediately suspend, terminate and/or cancel any offending Web site or account sending SPAM.
  5. Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. SiteDart Hosting may consider the lack of such proof of explicit affirmative permission of a questionable mailing.
  6. Users are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation.
  7. Users are prohibited from providing services for Web sites that have been included in SPAM, including, but not limited to hosting Web site(s), or providing DNS services or Web site redirect services.
  8. It is a violation of this Policy to commission a third party to send e-mail that is in violation of this policy or of applicable law, even if that third-party does not use SiteDart Hosting systems, networks or resources. E-mail not in compliance with this policy - regardless of source - which contains any reference to a Web site hosted by us or contains any reference or link to a network or system of SiteDart Hosting is prohibited.
  9. If SiteDart Hosting believes that unauthorized or improper use is being made of our network, or any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. SiteDart Hosting may immediately suspend, terminate and/or cancel any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
  10. SiteDart Hosting reserves the right to suspend, terminate and/or cancel permanently any and all services provided to a User without any notification. In addition to any and all other rights hereunder or otherwise, if a Customer is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in SiteDart Hosting's sole judgment, which could disrupt SiteDart Hosting's business operations, SiteDart Hosting reserves the right to charge such Customer an administrative fee equal to $100.00 per each piece of SPAM sent.
  11. To report an incidence of SPAM, please send an e-mail to abuse@sitedarthosting.com
  12. Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, our network or services. Failure to enforce this policy in every instance does not amount to a waiver of SiteDart Hosting's rights.
  13. SiteDart Hosting maintains computer equipment in several states, and unauthorized use of our network will lead to use of equipment in such states. Unauthorized use of our network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. §1030, et seq.) and other state and federal laws.

 

Change of Ownership Forms

OWNERSHIP CHANGES

Per the Terms of Service agreement, the listed owner of an account/domain is responsible for maintaining the confidentiality of login and billing information related to that said account/domain.

We at SiteDart Hosting are not responsible for any changes made to the account/domain or any information that has been modified by the listed owner, or any parties authorized by the owner, to access the Control Panel. SiteDart Hosting is not liable for any account/domain disputes that may arise between various parties holding login information.

If access to make changes to the account/domain is not accessible through our standard forms of verification, whether that is through the Control Panel or with the assistance of SiteDart Hosting support, there are certain situations that can be deemed available in order to process changes.

This section provides instructions for each type of scenario that could occur outside of our normal verification procedures. Please refer below to determine your current situation and then go to the corresponding page for further information. Once received, any filed form will be processed within 5-7 days from the date of receipt by SiteDart Hosting.

PLEASE NOTE: Filing one of the forms on the following pages with SiteDart Hosting does not guarantee any changes. SiteDart Hosting reserves the right to accept or reject the request for any reason in its sole and absolute discretion.

Unable to verify and need new email added onto your account
Death of Current listed Owner on Account/Domain
Notification of Transfer of Ownership of Account

User is responsible for maintaining the confidentiality of login and billing information. SiteDart Hosting is not liable for any account disputes that may arise between various parties holding account login information. SiteDart Hosting is not responsible for any changes made to the account or any information that has been modified by User, or any parties authorized by User, to access the Control Panel. User is responsible for updating and maintaining contact and billing information with SiteDart Hosting.

If there is a dispute between parties regarding control of an account/domain OR the current listed owner is unresponsive to third party contacts, SiteDart Hosting will not make any changes. Any party whether that is the third party or current owner, may need to pursue legal action if a decision cannot be made through arbitration.

As a web hosting company, we are not in a position to judge the relative merits of each party's position with regards to this dispute. However, should either of the parties elect to seek a court order, please be advised that we would comply with a valid order issued by a court of competent jurisdiction. We would comply with a valid order that would direct us to take action with regard to the account in question. Accordingly, if parties were to obtain such a valid court order restraining USER from maintaining an account, please be advised that we will review it and act appropriately.

Any such court order should be faxed to 828-349-5764. Please be advised that, pursuant to our Terms of Service (which can be found here), we are not liable for any account disputes that may arise between various parties holding account login information.

Furthermore, we are not responsible for resolving any domain disputes. These issues must be resolved by the parties involved, according to the legal bounds of ICANN, the domain name governing body. SiteDart Hosting will not act as an arbitrator, but will honor any ICANN decisions. Please refer to ICANN and its ICANN UDRP (Uniform Dispute Resolution Policy) at http://www.icann.org/dndr/udrp/policy.htm for further information if you choose to go that route.

 

Digital Millenium Copyright Act

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT


Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the SiteDart Hosting ("SiteDart Hosting") system or Web site should be sent ONLY to our Designated Agent.

NOTE: The Following Information is provided solely for notifying SiteDart Hosting that your copyrighted material may have been infringed.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

Written notification must be submitted to the following Designated Agent:

SiteDart Hosting
Legal Deptartment
189 East Palmer St.
Franklin, NC 28734

Phone: (877) 790-7263 (M-F 8am - 5pm EST)
Fax: (828) 349-5764
E-mail: support@sitedarthosting.com


IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER AND/OR FAX (FAX # 828-349-5764). DUE TO THE VAGARIES OF THE INTERNET, AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER AND/OR FAX), WILL HELP ASSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include ALL of the following:

  1. Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
  2. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
  3. 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).
  4. Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
  5. 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."
  6. 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.
  7. Upon receipt of notification of a claimed infringement, SiteDart 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, SiteDart Hosting will terminate the alleged infringer's Internet access.


SiteDart 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 SiteDart 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:

  1. It must be a written communication;
  2. It must be sent to the Service Provider's Designated Agent;
  3. It must include the following:  
    1. A physical or electronic signature of the Subscriber;
    2. 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;
    3. 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; 
    4. 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.


Upon receipt of a Counter Notification from the Subscriber containing the information as outlined above, SiteDart Hosting will:

    • Promptly provide the Complaining Party with a copy of the Counter Notification
    • Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days following receipt of the Counter Notice;
    • Replace the removed material or cease disabling access to the material in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notice, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system.


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.

 

SiteDart Hosting ("SiteDart Hosting") supports the protection of intellectual property. Therefore, we have established the following policies regarding copyright infringement claims.

Domain Name Dispute Claims

Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") if you have a concern or dispute concerning a domain name. The UDRP covers domain names disputes; this Policy specifically excludes domain name disputes. Please see http://www.icann.org/udrp/udrp.htm.

Copyright Infringement Claims

  1. To notify SiteDart Hosting that there has been a copyright or trademark violation, please follow the specific instructions below for filing a copyright complaint.
  2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy below.


NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the SiteDart Hosting ("SiteDart Hosting") system or Web site should be sent ONLY to our Designated Agent.

NOTE: the following information is provided solely for notifying SiteDart Hosting that your copyrighted material may have been infringed.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Written notification must be submitted to the following Designated Agent:

SiteDart Hosting
Legal Deptartment
189 East Palmer St.
Franklin, NC 28734

Phone: (877) 790-7263 (M-F 8am - 5pm EST)
Fax: (828) 349-5764
E-mail: support@sitedarthosting.com


IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER AND/OR FAX (FAX # 828-349-5764). DUE TO THE VAGARIES OF THE INTERNET, AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER AND/OR FAX), WILL HELP ASSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.
 

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include ALL of the following:

  1. Physical or electronic signature of a person authorized to act on behalf of the copyright owner (i.e., merging a scanned handwritten signature into the electronic text or using public-key encryption technology).
  2. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
  3. 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).
  4. Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
  5. 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."
  6. 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, SiteDart 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, SiteDart Hosting will suspend or cancel the alleged infringer's Internet access.

SiteDart Hosting will also take reasonable steps to promptly notify the alleged infringer in writing or by e-mail of the claim against him or her, and that it has removed or disabled access to the material or suspend or cancel Internet access (see Sections 512(c)(1)(C) and (g) of the DMCA).

 

COUNTER NOTIFICATION

Upon receipt of notice from SiteDart 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:

  1. It must be a written communication;
  2. It must be sent to the Service Provider's Designated Agent;
  3. It must include the following:
    1. A physical or electronic signature of the Subscriber;
    2. 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;
    3. 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.


Upon receipt of a Counter Notification from the User containing the information as outlined above, SiteDart Hosting will:

    1. Promptly provide the Complaining Party with a copy of the Counter Notification;
    2. Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days following receipt of the Counter Notice;
    3. Replace the removed material or cease disabling access to the material in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notice, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system.

 

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.