XcellHost takes intellectual property rights very seriously and it is our policy to respond to clear notices of alleged copyright infringement. This Copyright Policy describes the information that should be present in these notices and is incorporated by reference into our Terms of Service. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to verify. Unless otherwise stated, defined terms in this Copyright Policy have the meanings provided in the Terms of Service.
To file a notice of alleged infringement with us, a complainant must provide a written notice that includes the complainant’s full contact information and sets forth the items specified below.
Please submit your complaint in one of the following ways:
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyright. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
XcellHost may respond to take-down notices by removing or disabling access to the allegedly infringing material and/or by terminating services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact you and/or administrator of the affected site or content.
XcellHost may document notices of alleged infringement it receives and/or on which we action is taken. As with all legal notices, a copy of the notice may be made available to the public and sent to one or more third parties who may make it available to the public.
Upon receipt of notice from XcellHost that a claim of infringement has been made and/or that the material has been removed or that access to it has been disabled, you may provide a counter notice pursuant to applicable law.
To be effective, a counter-notice must include ALL of the following information:
Upon receiving a proper counter-notice pursuant to applicable law, XcellHost will take reasonable steps to restore the material in 10-14 business days unless the copyright owner commences court proceedings to prevent the restoration of the material and XcellHost is informed of such proceedings.