This procedure is intended for reporting alleged copyright infringement involving material hosted or made available through HostGraber services. General abuse, trademark, phishing, malware, spam, privacy and other complaints may require a different review process.
Scope of This Policy
HostGraber respects the intellectual property rights of copyright owners and expects customers using our hosting, cloud, server and infrastructure services to do the same.
If you believe copyrighted material owned by you, or by a person you are legally authorized to represent, is being infringed through a service provided by HostGraber, you may submit a written copyright infringement notification.
For notices intended to operate under the United States Digital Millennium Copyright Act, the notification should substantially comply with the requirements of 17 U.S.C. § 512(c)(3).
HostGraber generally provides infrastructure and hosting services through which customers may store, transmit or make information available. A complaint should therefore identify the specific customer-hosted material at issue rather than merely identifying HostGraber as the infrastructure provider.
Copyright Takedown Notice
To allow HostGraber to evaluate a copyright complaint efficiently, the notice should be submitted in writing and contain substantially the following information.
A physical or electronic signature of the copyright owner or a person legally authorized to act on behalf of the owner of the exclusive right allegedly infringed.
Identification or a sufficiently detailed description of the copyrighted work claimed to have been infringed. Where multiple works at one site are involved, provide an appropriate representative list.
Identification of the material claimed to be infringing or the subject of infringing activity, together with information reasonably sufficient for HostGraber to locate it.
Information reasonably sufficient to contact the complaining party, including name, mailing address, telephone number and email address where available.
A statement that you have a good-faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right allegedly infringed.
A complaint that does not identify the copyrighted work, the specific allegedly infringing material, or provide sufficient information to locate the material may require additional information before HostGraber can take appropriate action.
Identifying the Material
Copyright complaints should identify the allegedly infringing material as precisely as reasonably possible.
Where applicable, provide:
- The exact URL where the material appears.
- Additional affected URLs where multiple locations are involved.
- The domain or hostname associated with the material.
- A description of the content at issue.
- The original copyrighted work or information identifying it.
- Screenshots or supporting information where useful to identify the material.
General statements such as identifying only a website's homepage, server IP address or domain without identifying the allegedly infringing content may be insufficient for HostGraber to locate and evaluate the material.
Where to Send a DMCA Notice
Written notifications of claimed copyright infringement concerning HostGraber-hosted material should be directed to the HostGraber Abuse Team.
Sharspire Private Limited
M301, 3rd Floor, Webel IT Park,
Phase 1, DH Block, New Town,
Kolkata – 700156,
West Bengal, India.
Sending copyright complaints directly to the Abuse Team helps route the notice to the appropriate review process. Include all required information in the initial submission whenever possible.
Notice & Takedown Procedure
When HostGraber receives a sufficiently complete and credible notification of claimed copyright infringement, we may investigate the complaint and take appropriate action.
The complaint is received by the appropriate HostGraber abuse or copyright channel.
HostGraber reviews the notice, identifies the relevant service and evaluates whether sufficient information has been supplied.
Where appropriate, HostGraber may remove or disable access to the identified material or take other action consistent with applicable law and policy.
If HostGraber is notified of a credible claim of copyright infringement, or otherwise becomes aware of circumstances indicating apparent infringement, it may respond expeditiously by removing or disabling access to potentially infringing material.
HostGraber may also request clarification or additional information where a notice is incomplete, ambiguous, identifies the wrong service provider, or does not provide enough information to locate the material.
Notice to the Affected Customer
Where content is removed or access is disabled in response to a copyright complaint, HostGraber may notify the affected customer or subscriber and provide information concerning the complaint and applicable counter-notice procedure.
HostGraber may provide the affected customer with a copy of the complaint or relevant information contained in it where necessary to administer the takedown and counter-notification process or as otherwise permitted or required by law.
Customers should not ignore copyright or abuse notices forwarded by HostGraber. Failure to respond appropriately may result in continued restriction of the material or additional action against the applicable service.
Counter-Notification
If your material was removed or access was disabled following a DMCA notification and you have a good-faith belief that the action resulted from mistake or misidentification, you may submit a written counter-notification.
An effective counter-notification should contain substantially the following:
Your physical or electronic signature. An electronic signature may include your typed full legal name where legally sufficient.
Identification of the material that was removed or to which access was disabled, together with the location where the material appeared before it was removed or 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.
Your name, mailing address and telephone number.
A statement consenting to the jurisdiction of the applicable United States Federal District Court as required by 17 U.S.C. § 512(g)(3), including the applicable provision for persons located outside the United States.
A statement that you will accept service of process from the person who submitted the original infringement notice or that person's agent.
Counter-notifications should be sent to: [email protected] .
Counter-Notice & Restoration Process
After receiving an effective counter-notification, HostGraber may promptly forward a copy to the party who submitted the original copyright complaint.
That party may be informed that the removed material may be restored or access may be re-enabled in accordance with the DMCA counter-notification procedure.
Subject to the requirements of 17 U.S.C. § 512(g), HostGraber may restore the material or cease disabling access not less than 10 and not more than 14 business days following receipt of an effective counter-notification.
Restoration may not occur if, before the applicable restoration period expires, HostGraber receives notice that the original complainant has filed an action seeking a court order to restrain the subscriber from engaging in the alleged infringing activity.
HostGraber may also maintain restrictions where another independent legal, contractual, abuse, security or policy basis requires the material or service to remain restricted.
Misrepresentation
Copyright notices and counter-notifications are legal communications and should be submitted carefully and accurately.
Section 512(f) of the DMCA provides for potential liability where a person knowingly materially misrepresents that material or activity is infringing, or that material was removed or disabled by mistake or misidentification.
Before submitting a notice or counter-notification, you should consider whether the disputed use may be authorized by the copyright owner or permitted by applicable copyright law.
If you are uncertain about your rights or obligations, consider obtaining advice from a qualified legal professional.
Repeat Infringers
HostGraber does not permit its services to be used systematically for copyright infringement.
In appropriate circumstances, HostGraber may restrict, suspend or terminate accounts or services associated with repeat copyright infringement.
When evaluating appropriate action, HostGraber may consider relevant factors including valid infringement notices, counter-notifications, the nature and frequency of complaints, customer responses, court orders and other reasonably available information.
Nothing in this section limits HostGraber's ability to suspend or terminate a service for separate violations of its Terms of Service, Acceptable Use Policy or applicable law.
Standard Technical Measures
Consistent with the applicable provisions of the DMCA, HostGraber's policy is to accommodate and not interfere with qualifying standard technical measures used by copyright owners to identify or protect copyrighted works.
Such measures generally refer to technical measures that:
- Have been developed pursuant to a broad consensus of copyright owners and service providers through an open, fair, voluntary and multi-industry standards process.
- Are available to persons on reasonable and nondiscriminatory terms.
- Do not impose substantial costs on HostGraber or substantial burdens on our systems or networks.
Non-Copyright Abuse Reports
The DMCA process is specifically designed for copyright claims. It should not be used as a general mechanism for resolving unrelated disputes.
Reports concerning other forms of abuse may include:
- Phishing or credential theft.
- Malware distribution.
- Spam or network abuse.
- Fraudulent activity.
- Security incidents.
- Trademark or impersonation complaints.
- Court orders or lawful government requests.
- Other violations of HostGraber's Terms of Service or Acceptable Use Policy.
These matters may still be reported to the HostGraber Abuse Team, but may be evaluated under the applicable legal, security or abuse process rather than the DMCA notice-and-counter-notice framework.
Changes & Contact
HostGraber may update this DMCA & Takedown Policy to reflect changes in applicable law, regulatory requirements, operational procedures or HostGraber services.
The version published on the HostGraber website will apply from its stated effective or updated date, subject to applicable law.
M301, 3rd Floor, Webel IT Park,
Phase 1, DH Block, New Town,
Kolkata – 700156,
West Bengal, India.