Copyright Infringement Policy

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.

COMPLAINT PROCEDURE

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.

Name, address, phone number, email address (if available) and physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf;
Identification of the copyrighted work(s);
Identification of the infringing material you are asking us to remove or disable, and the Internet location of the infringing material;
Any additional information required to be included in a copyright infringement complaint under applicable law (as we may request from you as necessary)
A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent or the law;
A statement that the information in the complaint is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; AND
Your signature.

Please submit your complaint in one of the following ways:

Email the signed notification to : abuse@xcellhost.cloud or by filing a ticket at https://myaccount.xcellhost.cloud under the ABUSE & LEGAL section.
Mail the signed notification to: 209 LAXMI PLAZA BLDG NO 9LAXMI INDL ESTATE NEW LINK RD ANDHERI WEST MUMBAI MH 400053.

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.

COUNTER NOTICE PROCEDURE FOR CUSTOMERS

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:

A physical or electronic signature;
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 you have 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; and
Your name, address, and telephone number, and a statement that the customer consents to the jurisdiction of Federal District Court for the judicial district in which you are located, or if your address is outside of the United States, the jurisdiction of the U.S. District Court for the District of Massachusetts, and that you will accept service of process from the complainant or the complainant’s agent.

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.