Respecting
Intellectual Property
411WebHost.com,
("411WebHost") supports the
protection of intellectual
property. Whether you are
the holder of a trademark,
service mark, or copyright,
411WebHost is committed to
helping you protect your
legal rights. Therefore, we
have established the
following policies for
considering trademark and/or
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 registered
domain name. The UDRP covers
domain names disputes; this
policy specifically excludes
domain name disputes.
411WebHost Auctions and
Premium Domain Name Dispute
Claims
1. To notify
411WebHost that there has
been a trademark violation
regarding a domain offered
for sale on 411WebHost
Auctions or as a Premium
Domain Name, please follow
the specific instructions
(A) below for filing a
trademark claim.
2. If you
are responding to a
complaint of infringement
regarding a domain offered
for sale as a Premium Domain
Name, follow our Counter
Notification Policy in (C)
below.
Copyright and Trademark
Claims
1. To notify
411WebHost that there has
been a copyright or
trademark violation, please
follow the specific
instructions in (A) for
filing a trademark claim, or
(B) filing a copyright
complaint.
2. If you are
responding to a complaint of
infringement, you will need
to follow our Counter
Notification policy in (C).
A.
Trademark Claims
1. If you
(the "Complaining Party")
would like to submit a
trademark claim for
violation of a mark on which
you hold a valid, registered
trademark or service mark
(registered with the United
States Patent and Trademark
Office or, for foreign
marks, registered with the
appropriate intellectual
property organization of
your country; state
registrations are not
considered valid for these
purposes), 411WebHost
requests that the
Complaining Party
substantiate such claim by
providing the following
information via email to
support@411WebHost.com.
The words "Trademark Claim"
should appear in the subject
line.
To be
considered effective, a
notification of a claimed
trademark violation must
include the following
information:
-
The
trademark, service mark,
trade dress, name, or
other indicia of origin
("mark") that is claimed
to be infringed,
including registration
number.
-
The
jurisdiction or
geographical area to
which the mark applies.
-
The name,
post office address and
telephone number of the
owner of the mark
identified above.
-
The goods
and/or services covered
by or offered under the
mark identified above.
-
The date
of first use of the mark
identified above.
-
The date
of first use in
interstate commerce of
the mark identified
above.
-
A
description of the
manner in which the
Complaining Party
believes its mark is
being infringed upon.
-
Sufficient evidence that
the owner of the website
that is claimed to be
infringing is a
411WebHost customer.
-
The
precise location of the
infringing mark,
including electronic
mail address, etc.
-
A good
faith certification,
signed under penalty of
perjury, stating:
-
The
content of the
website [identify
website] infringes
the rights of
another party,
-
The
name of such said
party,
-
The
mark [identify mark]
being infringed, and
-
That
use of the content
of the
website claimed to
be infringing at
issue is not
defensible.
2. Upon
receipt of the appropriate
information identified in
Section 1 above, for
trademark claims, 411WebHost
will initiate an
investigation. While
411WebHost is investigating
the claim, 411WebHost, at
its sole discretion and
without any legal obligation
to do so, may temporarily
remove the challenged
material from 411WebHost
Auctions, notify the posting
party it will lock down the
posting party's domain
name(s), redirect the
posting party's DNS, forward
the Complaining Party’s
written notification to the
posting party,and/or if it
is solely stored on a
411WebHost server,
temporarily remove or deny
access to the challenged
material.
3. If
411WebHost concludes that
the Complaining Party has
raised a legitimate
trademark claim, it may, at
its sole discretion and
without any legal obligation
to do so, permanently remove
the challenged material
from 411WebHost Auctions,
continue to suspend the
posting party's 411WebHost
account and/or if it is
solely stored on a
411WebHost server, deny
access to the challenged
material. If 411WebHost
concludes that the
Complaining Party has not
raised a legitimate claim or
if it is not clear whether
the Complaining Party has
raised a legitimate claim,
411WebHost will restore
access to the challenged
material.
4. The
Complaining Party should
understand that 411WebHost,
an ICANN accredited
registrar, and its customers
are bound by the UDRP.
Nothing in this Policy
should be construed to
supersede the UDRP, nor the
obligation of 411WebHost and
its customers to abide by it
in the context of domain
name disputes.
B.
Copyright Claims
1. If the
Complaining Party would like
to submit a copyright claim
for material on which you
hold a bona fide copyright,
411WebHost requests that the
Complaining Party
substantiate such claim by
providing 411WebHost with
the following information
via email to
support@411WebHost.com.
The words "Copyright Claim"
should appear in the subject
line. A copyright claim can
also be submitted by mail
to: Copyright Agent,
411WebHost, 3350 Riverwood
Parkway, Suite 1900,
Atlanta, GA 30339.
To be
considered effective, a
notification of a claimed
copyright infringement must
be provided to 411WebHost
and must include the
following information:
-
An
electronic signature of
the copyright owner, or
a person authorized to
act on behalf of the
owner, of an exclusive
copyright that has
allegedly been
infringed.
-
Identification of the
copyrighted work claimed
to have been infringed,
or, if multiple
copyrighted works at a
single online site are
covered by a single
notification, a
representative list of
such works on that site.
-
Identification of the
material that is claimed
to be infringing or to
be the subject of
infringing activity and
that is to be removed or
access to which is to be
disabled, and
information reasonably
sufficient to permit
411WebHost to locate the
material.
-
Information reasonably
sufficient to permit
411WebHost to contact
the Complaining Party,
such as an address,
telephone number, and,
if available, an
electronic mail address
at which the Complaining
Party may be contacted.
-
A
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.
-
A
statement that the
information in the
notification is
accurate, and under
penalty of perjury, that
the Complaining Party is
the owner, or is
authorized to act on
behalf of the owner, of
an exclusive right that
is allegedly infringed.
2. For
Copyright Claims, upon
receipt of appropriate
notification from the
Complaining Party, pursuant
to Section 1 of Copyright
Claims above, 411WebHost
will remove or disable
access to the material that
is claimed to be infringing.
3. If the
Complaining Party provides
411WebHost with appropriate
notification, pursuant to
Section 1 of Copyright
Claims above, including
information reasonably
sufficient to permit
411WebHost to locate and
remove or disable the
material in question, or
includes information
concerning repeat
infringement, then
411WebHost will forward the
Complaining Party's written
notification to such alleged
Infringer and shall take
reasonable steps promptly to
notify the Infringer that it
has removed or disabled
access to the material.
C.
Counter Notification Policy
1. Counter
Notification. If you have
received a notice of
copyright or trademark
infringement, you may
provide Counter Notification
by emailing
support@411WebHost.com
and including the following:
-
An
electronic signature of
the Infringer.
-
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
Infringer 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
Infringer's name,
address, and telephone
number, and a statement
that the Infringer
consents to the
jurisdiction of the
Federal District Court
for the judicial
district of Georgia, or
if the Infringer's
address is outside of
the United States, for
any judicial district in
which 411WebHost may be
found, and that the
Infringer will accept
service of process from
the Complaining Party or
an agent of such Party.
2. Upon
receipt of a Counter
Notification as described in
Section 1 above, 411WebHost
shall promptly provide the
Complaining Party with a
copy of the Counter
Notification, and inform
such Party that it will
replace the removed material
or cease disabling access to
it in ten (10) business
days. 411WebHost will
replace the removed material
and cease disabling access
to it in not less than ten
(10), nor more than fourteen
(14), business days
following receipt of the
Counter Notification, unless
411WebHost first receives
notice from the Complaining
Party that such Complaining
Party has filed an action
seeking a court order to
restrain the Infringer from
engaging in infringing
activity relating to the
material on 411WebHost's
system or network.
D.
Repeat Infringers
It is
411WebHost's policy to
provide for the termination,
in appropriate
circumstances, of 411WebHost
customers and account
holders who repeatedly
violate this policy or are
repeat infringers of
copyrighted works,
trademarks or any other
intellectual property.
If you have
any questions about our
policy, please contact us
at:
411WebHost
Gallium
Optronics, LLC
ATTN: Web Team
3350 Riverwood Parkway
Suite 1900
Atlanta, GA, 30339, U.S.A.
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