Intellectual Property Policy

Reporting Copyright and Trademark Infringement

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Fasthosts Internet Inc. (Fasthosts) offers its services for the lawful use of its resellers and their customers, and takes allegations of infringement of a third party’s intellectual property very seriously. If you become aware of infringement of a third-party's or Fasthosts' intellectual property rights please contact Fasthosts at legal@fasthosts.com in accordance with the policy outlined below.

Please note that Fasthosts’ legal department handles all complaints relating to infringement of a third-party’s intellectual property. Sending these inquiries or complaints to the Fasthosts' abuse department may delay or prevent our response to such inquiries. Representatives outside of the Legal Department are not authorized to respond to such complaints.

Copyright Infringement

Fasthosts Internet Inc. ("Fasthosts") respects the intellectual property of others. If you think Fasthosts or one of its customers is violating your copyrights, please send proper notice to legal@fasthosts.com, or regular mail as contemplated by §512(e) of the Digital Millennium Copyright Act ("DMCA"). Please note that you may be held liable for damages (including without limitation costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights.

Pursuant to the DMCA, such notice of copyright infringement must contain the following elements:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. 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 Fasthosts to locate the material.
  4. Information reasonably sufficient to permit Fasthosts to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Fasthosts may require that non-compliant DMCA notices be resubmitted with the complete information listed above.

If you are a Fasthosts customer and have received a DMCA notice, you may send a counter notice to legal@fasthosts.com. Such a counter notice must contain the following information:

  1. Your electronic signature.
  2. Identification of the material that was removed in response to the notice or to which access was disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that you have good faith or belief that the material was published as a result of a mistake or misidentification of the material.
  4. Your name, address, and telephone number, and a statement that the you consent to the jurisdiction of the Federal District Court for the Eastern District of Pennsylvania, and that you will accept service of process from the Complaining Party or an agent of such Party.

Upon receipt of a proper counter notification, Fasthosts will promptly provide the complaining party with a copy of the counter notification, and inform that party that Fasthosts will replace the removed material or cease disabling access to it. Fasthosts may replace the removed material and cease disabling access to it in not less than ten, and not more than fourteen business days following receipt of the counter notification unless Fasthosts receives notice that the complaining party has filed an action seeking a court order to restrain the Fasthosts customer from engaging in infringing activity relating to the material on Fasthosts' system. Counter notifications which do not contain all of the information outlined above may not be sufficient to permit Fasthosts to restore access to the customer’s website.

Trademark Infringement

Trademark-related domain name disputes are properly handled under the Uniform Domain Name Dispute Resolution Policy (“UDRP”), which can be found at http://www.icann.org/udrp/udrp.htm. Nothing in this document is intended to supersede the UDRP or to obligate Fasthosts to any actions beyond those required under the UDRP.

Notice of trademark violations on a website hosted by Fasthosts should be sent to legal@fasthosts.com. Please provide the following information for any trademark claims:

  1. Identification of the trademark or service mark which has allegedly been infringed along with the date of first use of such mark and the products or services associated with the mark, and any registration information.
  2. Identification of the mark which you claim is infringing your mark along with a precise location or other information as to the specific webpage or URL which you believe uses the mark in a manner that infringes your mark and the products or services associated with that mark.
  3. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is the owner of the mark or is otherwise authorized to act on behalf of the owner of the mark that is allegedly infringed, and that the use of the mark is not defensible.

Fasthosts will investigate and forward credible claims of trademark infringement to its customer. Fasthosts may, in its sole discretion, suspend or terminate websites or URLs which it believes infringes the rights of third parties, but is under no legal obligation to do so. The credibility of any trademark infringement claim is made in the sole discretion of Fasthosts. Any action or inaction taken by Fasthosts in response to a trademark infringement claim does not constitute a legal opinion by Fasthosts as to the validity of such trademark infringement claim.

NOTE THAT THE DMCA DOES NOT APPLY TO TRADEMARK DISPUTES AND THE UDRP DOES NOT APPLY TO COPYRIGHT DISPUTES.

Fasthosts Trademark Usage Policy

This Trademark Usage Policy applies to any and all use of trademarks owned by Fasthosts or any of its affiliated companies, including, without limitation, Fasthosts Internet Ltd. Provided that you are in full compliance with the usage guidelines set forth in this Trademark Usage Policy and the Fasthosts Internet Inc. Terms and Conditions (the "Fasthosts T&C"), if applicable, and all other terms and conditions that may be applicable to you with respect to your use of Fasthosts’ services and products, you may use the Fasthosts Trademarks and the Fasthosts Logo (defined below) on your website solely in conformance with this Trademark Usage Policy.

Fasthosts is a trademark of Fasthosts Internet Ltd (the “Fasthosts Trademark”). Any use of the Fasthosts Trademarks on your website requires the use of the ™ symbol directly following the mark and the following language must be displayed on your website: "Fasthosts is a trademark of Fasthosts Internet Ltd. All rights reserved.”

The Fasthosts Logo is also a trademark of Fasthosts Internet Ltd. Any use of the Fasthosts Logo on your website shall also be accompanied by the ™ symbol as shown in the Fasthosts Logo image.

You acknowledge and agree that no title or any other form of ownership to the Fasthosts Trademarks, the Fasthosts Logo or any other intellectual property of Fasthosts Internet Ltd. or Fasthosts Internet Inc. has been or will be transferred to you.

The Fasthosts Trademarks and the Fasthosts Logo may only be used in connection with advertising the products and services offered by Fasthosts Internet Inc. or linking to the www.fasthosts.com website. You may not use the Fasthosts Trademarks or the Fasthosts Logo in connection with the advertising or branding of your website or to brand any other goods or services offered for sale on your website, whether physical, digital or virtual other than as expressly permitted in the Fasthosts GT&C.

You agree to refrain from using any domain name that closely mimics Fasthosts' proprietary domains, including www.fasthosts.com (the “Fasthosts Domain Names”) or that is in any way confusingly similar to the Fasthosts Trademarks, including, without limitation, domains names that constitute typo squatting of the Fasthosts Domain Names.

You may not use the Fasthosts Trademarks, the Fasthosts Logo, or any other intellectual property owned by Fasthosts Internet Ltd or Fasthosts Internet Inc. in any manner, or in connection with any enterprise or purpose, that is in violation of applicable laws or in any manner that Fasthosts Internet Inc. deems objectionable in its sole discretion.

You agree to comply with this Trademark Usage Policy as currently stated and as may be amended from time to time in the sole discretion of Fasthosts Internet Inc., and that Fasthosts Internet Inc. is the sole and final arbiter of interpretation of this policy.

Copyright © 2008 Fasthosts Internet, Inc. All Rights Reserved.
Revised September 24, 2008

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