Charter Hosting DMCA Copyright Policy

1. Introduction

Michael Moller, an individual, doing business as Charter Hosting ("Charter Hosting," "we," "us," or "our"), respects the intellectual property rights of copyright owners and expects customers and users of Charter Hosting Services to do the same.

This Digital Millennium Copyright Act Copyright Policy ("DMCA Policy") describes Charter Hosting's procedures for receiving and responding to notifications of claimed copyright infringement and counter-notifications under the Digital Millennium Copyright Act, including 17 U.S.C. § 512.

This DMCA Policy applies to websites, hosting accounts, servers, reseller accounts, applications, files, content, and other Services provided through Charter Hosting.

This Policy should be read together with the Charter Hosting:

• Terms of Service
• Acceptable Use Policy
• Privacy Policy

2. Designated DMCA Agent

Notices of claimed copyright infringement concerning material hosted on or transmitted through Charter Hosting Services should be directed to Charter Hosting's designated DMCA agent:

Designated DMCA Agent:
Michael Moller
Charter Hosting
640 N Minnesota Ave
Glendora, CA 91741
United States

Telephone: (626) 667-4678

Email: legal@charterhosting.com

The above contact information is intended specifically for copyright and DMCA-related matters.

3. Notification of Claimed Copyright Infringement

If you believe that copyrighted material is being infringed through a Charter Hosting Service, you may submit a written notification of claimed infringement to Charter Hosting's designated DMCA agent.

To be effective under the DMCA, the notification should include substantially all of the following information:

1. A physical or electronic signature of the copyright owner or 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 location are covered by one notice, a representative list of those works.
3. Identification of the allegedly infringing material or activity that is to be removed or disabled, together with information reasonably sufficient to permit Charter Hosting to locate the material.
4. The specific URL or location of the allegedly infringing material whenever available.
5. Contact information reasonably sufficient to permit Charter Hosting to contact the complaining party, including the complaining party's name, mailing address, telephone number, and email address, if available.
6. A statement of good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law.
7. 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.

Notices that do not substantially comply with the requirements of the DMCA may be incomplete and may delay Charter Hosting's ability to evaluate or respond to the complaint.

4. Preferred DMCA Notice Format

To assist Charter Hosting in processing a complaint efficiently, a DMCA notice should preferably include the following in the subject line:

DMCA Copyright Infringement Notice

The notice should identify each allegedly infringing URL individually where reasonably possible.

General statements such as "the entire website infringes my copyright" without sufficient identification of the copyrighted work and allegedly infringing material may not provide enough information to locate or evaluate the material.

5. Charter Hosting's Response to DMCA Notices

Upon receiving a notification that substantially complies with applicable DMCA requirements, Charter Hosting may investigate the complaint and take action it reasonably determines appropriate.

Such action may include:

• Contacting the affected customer;
• Requesting additional information from the complaining party;
• Requesting additional information from the customer;
• Removing allegedly infringing material;
• Disabling access to allegedly infringing material;
• Temporarily restricting a website or Service;
• Suspending an affected account or Service; or
• Taking other action consistent with applicable law.

Where applicable under the DMCA, Charter Hosting will act expeditiously to remove or disable access to material identified in a valid notification of claimed infringement.

Charter Hosting may provide a copy of the complaint or relevant information from the complaint to the affected customer or user as necessary to administer the DMCA process.

6. Notice to the Affected Customer

When Charter Hosting removes or disables access to material in response to a DMCA notification, Charter Hosting may notify the customer or subscriber responsible for the affected material.

The notification may include information regarding:

• The allegedly infringing material;
• The complaining party;
• The basis of the complaint;
• The action taken by Charter Hosting; and
• The customer's right to submit a counter-notification where appropriate.

7. DMCA Counter-Notification

If you believe that material you posted or maintained through Charter Hosting was removed or disabled because of mistake or misidentification, you may submit a written DMCA counter-notification to Charter Hosting's designated DMCA agent.

To be effective, a counter-notification should include substantially all of the following:

1. Your physical or electronic signature.
2. Identification of the material that was removed or to which access was disabled and the location at which the material appeared before it was removed or access was disabled.
3. 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.
4. Your name, address, and telephone number.
5. If your address is located within the United States, a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located.
6. If your address is located outside the United States, a statement that you consent to the jurisdiction of a Federal District Court in any judicial district in which Charter Hosting may be found.
7. A statement that you will accept service of process from the person who submitted the original notification of claimed infringement or that person's agent.

Counter-notifications should be sent to:

DMCA Agent: Michael Moller
Email: legal@charterhosting.com
Telephone: (626) 667-4678
Mail: 640 N Minnesota Ave, Glendora, CA 91741

8. Restoration Following a Counter-Notification

If Charter Hosting receives a valid counter-notification, Charter Hosting may provide a copy of the counter-notification to the party who submitted the original infringement notice.

Where required by the DMCA, Charter Hosting may restore the removed material or cease disabling access to it not less than ten (10) and not more than fourteen (14) business days after receiving the counter-notification unless Charter Hosting's designated agent first receives notice that the original complaining party has filed an action seeking a court order to restrain the subscriber from engaging in the allegedly infringing activity.

Charter Hosting may delay restoration where reasonably necessary to comply with applicable law, a court order, another independent legal basis for removal, or another violation of the Charter Hosting Terms of Service or Acceptable Use Policy.

9. Repeat Infringer Policy

Charter Hosting has adopted a policy providing for the termination, in appropriate circumstances, of customers or users who repeatedly infringe copyrights.

Charter Hosting may consider factors including:

• The number of valid infringement notices received;
• The nature and seriousness of alleged infringement;
• Whether infringement appears repeated or blatant;
• The customer's response to prior notices;
• Whether previously removed infringing material has been reposted;
• Applicable court orders;
• Other reliable evidence of repeated infringement; and
• Other circumstances Charter Hosting reasonably considers relevant.

Charter Hosting may suspend or terminate an account for repeated copyright infringement even if individual items were previously removed in response to notices.

10. Standard Technical Measures

To the extent required by applicable law, Charter Hosting will accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works where such measures meet the requirements of applicable law.

11. Misrepresentations and False Claims

DO NOT KNOWINGLY SUBMIT A FALSE DMCA NOTICE OR COUNTER-NOTIFICATION.

Under 17 U.S.C. § 512(f), a person who knowingly materially misrepresents that material or activity is infringing, or knowingly materially misrepresents that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees incurred as a result of the misrepresentation.

If you are uncertain whether particular material infringes copyright, you should consider obtaining advice from a qualified attorney before submitting a DMCA notice or counter-notification.

12. Fair Use and Other Lawful Uses

Copyright law recognizes limitations and exceptions to copyright protection, including fair use in appropriate circumstances.

A complaining party should consider whether the disputed use may be authorized by the copyright owner, licensed, permitted by law, or protected by an applicable copyright exception before submitting a DMCA notice.

Charter Hosting does not act as a court and does not make final judicial determinations regarding copyright ownership, infringement, fair use, or other copyright defenses.

13. Complaints That Are Not Copyright Claims

The DMCA process described in this Policy is intended for copyright infringement claims.

Complaints involving other matters should be directed through the appropriate Charter Hosting channel.

Examples include:

• Trademark infringement;
• Phishing;
• Malware;
• Spam;
• Fraud;
• Privacy complaints;
• Defamation complaints;
• Security incidents;
• Illegal content; and
• Other abuse complaints.

General abuse reports may be sent to: support@charterhosting.com .

Legal matters may be sent to: legal@charterhosting.com .

14. Reseller Hosting and Copyright Complaints

Resellers are responsible for ensuring that customers hosted through their reseller accounts comply with copyright law, this DMCA Policy, the Charter Hosting Terms of Service, and the Acceptable Use Policy.

Charter Hosting may take action directly against allegedly infringing content or an affected reseller end-user account when reasonably necessary to respond to a valid copyright complaint.

Charter Hosting is not required to wait for a reseller to take action when Charter Hosting reasonably determines that direct action is appropriate or necessary.

Repeated infringement by reseller end users may result in restrictions, suspension, or termination of the applicable end-user Service or reseller account.

15. No General Duty to Monitor

Charter Hosting does not undertake a general obligation to proactively monitor all customer websites, files, communications, or other content for possible copyright infringement.

Charter Hosting nevertheless reserves the right to investigate and take appropriate action when potential infringement is brought to its attention.

16. Information Submitted in Copyright Complaints

A DMCA notification or counter-notification is a legal communication.

Information submitted in connection with a copyright complaint may be disclosed to:

• The affected Charter Hosting customer or subscriber;
• The complaining party;
• Authorized representatives;
• Legal counsel;
• Courts;
• Government authorities;
• Service providers assisting with legal compliance; or
• Other persons where disclosure is legally required or reasonably necessary.

Individuals submitting a DMCA notice or counter-notification should not include information that is unnecessary to process the claim.

Charter Hosting's Privacy Policy is available at: https://charterhosting.com/privacy-policy/ .

17. Other Rights and Remedies

Charter Hosting's response to a copyright complaint does not waive any rights, remedies, defenses, immunities, limitations of liability, contractual rights, or other protections available to Charter Hosting, its customers, or third parties.

Charter Hosting may remove or restrict material for reasons independent of the DMCA, including violations of the Terms of Service, Acceptable Use Policy, applicable law, security requirements, or other Charter Hosting policies.

18. DMCA Safe Harbor

This Policy is intended to facilitate Charter Hosting's compliance with applicable provisions of the Digital Millennium Copyright Act and 17 U.S.C. § 512.

Nothing in this Policy constitutes a representation or guarantee that Charter Hosting qualifies for any particular statutory limitation of liability, immunity, or safe harbor in any particular matter.

19. Changes to This DMCA Policy

Charter Hosting may update this DMCA Policy from time to time to reflect changes in law, regulation, procedures, Services, or business practices.

Updated versions will identify a revised "Last Updated" date.

The current version of this Policy will be maintained at: https://charterhosting.com/dmca/ .

20. DMCA Contact Information

Charter Hosting
Michael Moller, an individual, doing business as Charter Hosting

Designated DMCA Agent:
Michael Moller

Mailing Address:
640 N Minnesota Ave
Glendora, CA 91741
United States

Telephone:
(626) 667-4678

DMCA / Legal Email:
legal@charterhosting.com

Website:
https://charterhosting.com/

Important DMCA Notice

Copyright notices and counter-notifications are legal communications. Knowingly submitting materially false information in a DMCA notice or counter-notification may result in legal liability under federal law.

Charter Hosting may remove or disable allegedly infringing content and may suspend or terminate repeat copyright infringers in appropriate circumstances.