DMCA Policy
Last Updated: February 27, 2017
Reporting Claims of Copyright Infringement
MojoHost B.V. (the “Company”) takes claims of copyright infringement seriously. The Company will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials or content residing on or accessible through the Company’s websites or services infringes your copyright, you may request removal of those materials or content (or access to them) from the Company’s websites or services by submitting written notice to the Company’s Copyright Agent (listed below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
- Identification of the works or materials being infringed; this includes, at a minimum and if applicable, the URL or IP address of the link shown on the website where the material may be found, as well as the reference or link to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate that reference or link, including at a minimum, if applicable, the URL or IP address of the link shown on the website where the reference or link may be found.
- Contact information for you, including your full legal name, address, telephone number, and, if available, email address.
- A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law (for example, “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to that material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”).
- A statement made under penalty of perjury that the information provided is accurate and that you are authorized to make the complaint on behalf of the copyright owner (for example, “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed”).
The designated Copyright Agent to receive DMCA notices is:
Brad Mitchell
Prinsengracht 530
1017 KJ Amsterdam
The Netherlands
+31 20 250 2330
+1 248 281 0323 (fax)
dmca@mojohost.eu
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity is infringing your copyright, you may be held liable for damages (including costs and legal fees) under Section 512(f) of the DMCA.
Counter-Notification Procedures
If you believe that materials or content residing on or accessible through the Company’s websites or services were removed or access to them disabled by mistake or misidentification, you may file a counter-notification with the Company (a “Counter-Notice”) by submitting written notice to the Company’s Copyright Agent (identified below). In accordance with the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An 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 disabled.
- Adequate information by which the Company can contact you (including your name, postal address, telephone number and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if you reside outside the United States, the United States District Court for the Eastern District of Michigan, and that you will accept service from the person (or an agent of that person) who filed the complaint at issue.
Completed Counter-Notices should be sent to:
Brad Mitchell
Prinsengracht 530
1017 KJ Amsterdam
The Netherlands
+31 20 250 2330
+1 248 281 0323 (fax)
dmca@mojohost.eu
The DMCA allows the Company to restore the removed content (or access to it) if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and legal fees) under Section 512(f) of the DMCA.
Repeat Infringers
It is the Company’s policy in appropriate circumstances to disable or terminate the accounts of subscribers who are repeat infringers in accordance with the Company’s Repeat Infringer Policy.