Copyright Infringement Claim Procedures

LightBound Hosting supports the protection of intellectual property. Therefore, the following policies regarding copyright infringement claims have been established.

 

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 domain name. The UDRP covers domain names disputes; this Policy specifically excludes domain name disputes. Please see the Domain Name Dispute Policy.

 

Notice And Procedure For Making Claims Of Copyright Infringement
If you believe that your work has been copied in such a way that constitutes copyright infringement by a customer receiving webhosting services from LightBound Hosting, you are encouraged to submit your claim to the designated agent of LightBound Hosting. To be considered compliant with the Digital Millennium Copyright Act, 17 USC § 512(c)(3), you must provide the information requested below. This procedure is specifically for notifying LightBound Hosting that your copyrighted material has been infringed:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Designated Agent To Receive Notification Of Claimed Infringement
A notification of claimed copyright infringement must be provided in writing to the following address:

Graysmark Business Systems, LLC
Attn: Legal Dept
PO Box 7227
Fishers, Indiana 46038-7227

 

Take Down Procedures
If LightBound Hosting and/or Graysmark Business Systems, LLC, are notified of a credible claim of copyright infringement, or otherwise become aware of facts and circumstances from which infringement is readily apparent, LightBound Hosting will expediently respond by removing, or disabling access to, the infringing material.

 

Counter Notification
If you received a DMCA notification and believe upon good faith that the content was removed or disabled in error, you may provide a counter notice by submitting, in writing to the designated agent of LightBound Hosting, 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;
• Your name, mailing address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., the judicial district in which LightBound Hosting resides, and that you will accept service of process from the complainant, or the complainant's designated agent, who provided the copyright notification.

Upon receipt of a valid counter notification, LightBound Hosting will initiate the following actions:

• Expeditiously provide the complainaint a copy of the counter notification;
• Inform the complainant that LightBound Hosting will restore the material or accessibility to the material within ten (10) business days of receipt of the counter notification;
• Restore the material or accessibility to the material in not less than ten (10), nor more then fourteen (14), business days following receipt of the counter notification unless LightBound Hosting receives notice from complainant that it has filed an action seeking a court order to restrain the LightBound Hosting customer from engaging in infringing activity related to the material hosted by LightBound Hosting.

PURSUANT TO 17 USC § 512(F), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT THE MATERIAL IS INFRINGING, OR THAT THE MATERIAL WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION, SHALL BE HELD LIABLE FOR ANY DAMAGES, INCLUDING COSTS AND ATTORNEYS’ FEES, INCURRED BY THE ALLEGED INFRINGER, BY ANY COPYRIGHT OWNER OR COPYRIGHT OWNER’S AUTHORIZED LICENSEE, OR BY A SERVICE PROVIDER, WHO IS INJURED BY SUCH MISREPRESENTATION, AS THE RESULT OF THE SERVICE PROVIDER RELYING UPON SUCH MISREPRESENTATION IN REMOVING OR DISABLING ACCESS TO THE MATERIAL OR ACTIVITY CLAIMED TO BE INFRINGING, OR IN REPLACING THE REMOVED MATERIAL OR CEASING TO DISABLE ACCESS TO IT.

 

Repeat Infringers
It shall be the policy of LightBound Hosting to, in its sole discretion, terminate, without recourse for refund of monies paid, the accounts of customers who are repeat infringers of copyrighted works, trademarks, or any other intellectual property.

 

This document revised on or about 1 January 2021.