TRADEMARK AND/OR COPYRIGHT INFRINGEMENT POLICY
RESPECTING INTELLECTUAL PROPERTY
Fundy Hosting Online ("Fundy Hosting") supports the protection of intellectual property. Whether you are the holder of a trademark, service mark, or copyright, Fundy Hosting 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 Uniform domain Name Dispute Resolution Policy (the "UDRP") if you have a concern or dispute concerning a registered domain name. The UDRP covers domain names disputes; this policy specifically excludes domain name disputes.
Copyright and Trademark Claims
1. To notify Fundy Hosting that there has been a copyright or trademark violation, please follow the specific instructions in (A) for filing a trademark claim, or (B) filing a copyright complaint.
2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in (C).
A. Trademark Claims
To be considered effective, a notification of a claimed trademark violation must include the following information:
2. Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, Fundy Hosting will initiate an investigation. While Fundy Hosting is investigating the claim, Fundy Hosting, at its sole discretion and without any legal obligation to do so, may notify the posting party it will lock down the posting party's domain name(s), 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 Fundy Hosting server, temporarily remove or deny access to the challenged material.
3. If Fundy Hosting concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, continue to suspend the posting party's Fundy Hosting account and/or if it is solely stored on a Fundy Hosting server, deny access to the challenged material. If Fundy Hosting 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, Fundy Hosting will restore access to the challenged material.
4. The Complaining Party should understand that Fundy Hosting, 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 Fundy Hosting and its customers to abide by it in the context of domain name disputes.
B. Copyright Claims
To be considered effective, a notification of a claimed copyright infringement must be provided to Fundy Hosting and must include the following information:
2. For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, Fundy Hosting will remove or disable access to the material that is claimed to be infringing.
3. If the Complaining Party provides Fundy Hosting with appropriate notification, pursuant to Section 1 of Copyright Claims above, including information reasonably sufficient to permit Fundy Hosting to locate and remove or disable the material in question, or includes information concerning repeat infringement, then Fundy Hosting will forward the Complaining Party's written notification to such alleged Infringer and shall take reasonable steps promptly to notify the Infringer that it has removed or disabled access to the material.
C. Counter Notification Policy
2. Upon receipt of a Counter Notification as described in Section 1 above, Fundy Hosting shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in ten (10) business days. Fundy Hosting will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless Fundy Hosting 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 Fundy Hosting's system or network.
D. Repeat Infringers
It is Fundy Hosting's policy to provide for the termination, in appropriate circumstances, of Fundy Hosting 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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