Last Revised: February 27, 2017
Respecting Intellectual Property
Hostchili Domain Resources ("Hostchili") supports the protection of intellectual property. Whether you are the holder of a trademark, service mark, or copyright, Hostchili 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 Domain Name Dispute Resolution Policy if you have a concern or dispute about a registered domain name. Any dispute regarding the registration of domain names will need to be sent either to the registrant, to an ICANN-approved arbitration provider, or the court system.
Copyright and Trademark Claims
To notify Hostchili that there has been a copyright or trademark violation, please follow the instructions in copyright claim. If you are responding to a complaint of infringement, you will need to follow file a counter notification.
A. Copyright Claims
1. If you (the "Complaining Party") would like to submit a trademark or copyright claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the Intellectual Property Office of the Philippines or, for foreign marks, registered with the appropriate intellectual property organization of your country; we do not entertain registration other than the prescribed agencies), Hostchili requests that the Complaining Party substantiate such claim by providing us a detailed claim send it via email to legal@Hostchili.com. The words "Copyright Claim" should appear in the subject line.
To be considered effective, supporting documents must be included as an attachment. The said document must be signed under penalty of perjury stating the claim as well as the content of the website claimed to be infringing the said copyright.
2. Upon receipt of the appropriate information identified above, Hostchili will initiate an investigation. While Hostchili is investigating the claim, Hostchili, at its sole discretion and without any legal obligation to do so, may temporarily remove the challenged material, notify the party it will lock down the website claimed to have infringed, 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 Hostchili server, temporarily remove or deny access to the challenged material.
3. If Hostchili concludes that the Complaining Party has raised a legitimate claim, it may, at its sole discretion and without any legal obligation to do so, permanently remove the challenged material, continue to suspend the posting party's Hostchili account and/or if it is solely stored on a Hostchili server, deny access to the challenged material. If Hostchili 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, Hostchili will restore access to the challenged material.
4. The Complaining Party should understand that Hostchili, as an affiliate to 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 Hostchili and its customers to abide by it in the context of domain name disputes.
B. Counter Notification
1. Counter Notification. If you have received a notice of copyright or trademark infringement, you may provide Counter Notification by emailing legal@Hostchili.com the (1) actions or steps taken in removing the infringed material, (2) 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, (3) the Infringer's name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of the Court of the City of, or if the Infringer's address is outside of the Philippines, for any judicial district in which Hostchili 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 above, Hostchili shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will removed material or cease disabling access to it in fifteen (15) business days. Hostchili will remove material and cease disabling access to it no more than fifteen (15) business days following receipt of the Counter Notification, unless Go Daddy 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 Hostchili’s system or network.
C. Repeat Infringers
It is the policy of Hostchili to provide for the termination, in appropriate circumstances, of Go Daddy customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.
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