At Godahost, we believe that the customer comes first. As a result, we have developed policies over the years which ensure that we respond responsibly to copyright and trademark complaints made to us regarding domains and hosted content, and that we do so in a manner that respects our customer. As such, our policies include notifying the customer of a complaint and forwarding the details of the complaint.
NOTICE: When utilising our copyright and trademark complaint procedures, you acknowledge and agree to the sharing of Your complaint with the relevant customer. You further attest that you are authorised to provide to Godahost all personal information contained therein and that such authorization includes Godahost’s processing of said personal information. Processing shall include retention and disclosure as is useful or needed to otherwise address such complaints as determined by Godahost in its sole discretion.
Copyright claims are covered by the Digital Millennium Copyright Act (“DMCA”), whereby a copyright holder may issue a formal complaint known as a DMCA Takedown Notice. If you believe that you have a valid copyright claim related to a Godahost customer, you may submit a DMCA Takedown Notice in accordance with this policy.
DMCA Takedown Notice. If we receive a DMCA notice from a copyright holder regarding hosted content, we will follow the requirements set in place by the DMCA. We will:
- Make sure the notice is DMCA-compliant. At a minimum, it must include:
- Specification of Copyrighted Content. Identification of the work which is claimed to be copyrighted and infringed, or, if multiple copyrighted works at a single online site are covered by the notification, a representative list of such works at that site.
- Location of Infringing Material. 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 Godahost to locate the material. This must include the specific URLs for each infringing instance.
- Contact Information for the Complaining Party. Information reasonably sufficient to permit Godahost to contact the complaining party, such as name, address, and telephone number, as well as facsimile number and email, if available, at which the complaining party may be contacted.
- Good Faith Statement. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
- Statement Under Perjury. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the copyright owner of an exclusive right that is allegedly being infringed.
- Signature. A physical or electronic signature of the complaining party or its agent.
- Forward that notice to our customer, and make it clear how to proceed.
- If the DMCA notice relates to content hosted on our servers, we will temporarily remove, or disable access to, the disputed content.
- Give our customer the opportunity to counter-notice the DMCA notice. If our customer has counter-noticed a DMCA notice in reference to specific works in circumstances that do not amount to a repeat infringement, we will restore any disputed works promptly upon counter-notice as described below.
You should be aware that if Godahost acts only as the domain registrar, and does not provide hosting services in respect of the disputed content, we do not have the technical ability to take action in response to a DMCA notice. You will need to contact the hosting provider
Further, Godahost will determine in its sole and absolute discretion what constitutes repeat infringement.
DMCA Counter-Notice Procedure. If we receive a proper DMCA Takedown Notice from a copyright holder, we will email a copy of the notice to our customer to provide them with the opportunity to submit a DMCA Counter-Notice. We will advise our customer of the following:
- If Godahost provides hosting services in respect of the disputed content, we have removed or disabled access to that material due to notice of an alleged copyright infringement.
- If our customer believes that the identification of infringing content is in error, Godahost suggests contacting the reporting copyright owner to resolve the matter. If the reporting copyright owner agrees there is a mistake, they should email Godahost at [email protected]. The content subject of the DMCA notice may then be reinstated.
- If it is not possible to come to an agreement with the reporting copyright owner, the customer may submit a DMCA Counter-Notice to Godahost within ten (10) business days of the date of our notice. The Counter-Notice is a legal document and must comply with the requirements of the DMCA. It must include the following:
- Contact Information. Contact information, including name, address, and telephone number, as well as facsimile number and email, if available.
- Statement under Perjury. A statement, under penalty of perjury, that the party providing the Counter-Notice 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.
- Previous Location of Alleged Infringing Material. 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 was disabled.
- Consent to Jurisdiction. A statement that the party providing the Counter-Notice consents to the jurisdiction of the United States District Court in which the address provided is located or, if that address is outside the United States, for the judicial district of Arizona, and that it will accept service of process from the complaining party or its agent.
- Signature. A physical or electronic signature of the party providing the Counter-Notice or its agent.
- By submitting a Counter-Notice to Godahost, our customer waives any legal or equitable rights or remedies he or she has, or may have, against Godahost with respect to the Counter-Notice, any claims regarding any aspect of the disputed content and its publication and/or Godahost's action in implementing a takedown or re-establishing the content, and agrees to indemnify and hold Godahost, and its owners/operators and/or affiliates, harmless to the fullest extent allowed by law regarding all matters relating to the sending of a Counter-Notice.
If our customer responds with a proper Counter-Notice, we will:
- Provide a copy of that Counter-Notice to the complaining party.
- Advise the complaining party that the disputed content will be reinstated in ten (10) business days unless Godahost receives notice from the reporting copyright owner that he or she has filed an action against our customer under the DMCA in a court of competent jurisdiction for copyright infringement and is seeking a court order to restrain our customer from publishing the disputed content.
- If Godahost does not receive such notification from the complaining party, we will replace the removed material, or cease disabling access to it, in not less than ten (10) business days and not more than fourteen (14) business days from receipt of our customer’s Counter-Notice.
Trademark complaints are outside the scope of a DMCA Takedown Notice. However, if you believe your trademark complaint may also constitute a copyright infringement, and it is published on a website using Godahost services, you may choose to submit your complaint according to the DMCA Takedown Notice procedure outlined.
Below is the Godahost procedure for processing trademark complaints in various scenarios.
We will do everything in our power to fairly protect your right to freely use the Internet. However, repeated violation of this policy, or repeated infringement of copyrighted works, trademarks or other intellectual property, will lead to termination in appropriate circumstances. Godahost will, in its sole and absolute discretion, determine what constitutes repeat infringement.