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DMCA Policy

(fcc) Hosting Services

Digital Millenium Copyright Act Policy

You may not utilize our hosting services or any of the services we offer in any manner that infringes upon any copyright. Such infringement includes, but is not limited to selling counterfeit goods, unauthorized copying of photographs, books, music, videos, or any other copyright protected work. It is our policy to promptly investigate compliant notices of alleged copyright infringement that are provided to us in writing regarding Content hosted on or otherwise displayed via our systems. Our response to such notices may include removing or disabling access to the Content or website claimed to be the subject of infringing activity, without prior notice, and without regard to the complaint’s substance. Fastcomcorp reserves the right, in its sole discretion, to close any Fastcomcorp Hosting Services Account for which Fastcomcorp Hosting Services receives three or more copyright infringement complaints, without prior notice and without a refund of any fees.

Any person or entity who wishes to file a claim of copyright infringement regarding Content hosted on or otherwise displayed via our systems may file notice via either email, fax or postal mail. Any person or party who requires assistance filing a claim of copyright infringement should consult or hire a lawyer or other legal professional for assistance.

IMPORTANT NOTE: Any person or entity who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including, but not limited to costs and attorney’s fees) incurred by the alleged infringer, the copyright holder or its licensee, or the service provider.

To email, send to legal@fastcomcorp.com
To send via postal mail, send to:

Fastcomcorp, LLC.
Attention: DMCA Compliance Officer
11 North Water St. Suite 10290
Mobile, AL 36602

 

The law requires very specific language be present in any notice of alleged copyright infringement. As set forth in the DMCA, in order to be effective, a notice of copyright infringement it must include all of the following:

  1. A physical or electronic signature of the complaining party.
  2. The identification of the copyrighted work claimed to have been infringed. If there are multiple copyrighted works on a single online site can be covered by a single notification. You must include a representative list of such works at that site.
  3. Include the identification of the content that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the content (include specific URLs where the allegedly infringing activity is said to be taking place).
  4. Include the necesary information to permit us 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. Include 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. Include 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.

Counter Request

A counter notification is a legal request for Fastcomcorp Hosting Services to re-enable or restore access to the material claimed to be the subject of infringing activity. The law requires a very specific language be present in any counter notice. As set forth in the DMCA, in order to be effective, a counter notice must include all of the following:

  1. A physical or electronic signature of the alleged infringer or an agent authorized to act on behalf of the alleged infringer (such as an attorney).
  2. Include the identification of the material that was removed and the location at which the material appeared before it was removed or access to it was disabled.
  3. Include a statement under penalty of perjury that the alleged infringer (or his/her authorized agent) has in good faith removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. Include the alleged infringer’s or his/her authorized agent’s name, address, and telephone number, and a statement that the alleged infringer (or his/her authorized agent) consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s (or his/her authorized agent’s) address is outside of the United States, for any judicial district in which the service provider may be found, and that the alleged infringer (or his/her authorized agent) will accept service of process from the person who provided notification or an agent of such person.

The DMCA requires of us to provide the plantiff/complaining party with a full copy of the counter notice provided to us by the alleged infringer or his/her authorized agent. The DMCA also requires us to permit the alleged infringer to restore access to the material claimed to be the subject of infringing activity, within no less than ten business days and no more than fourteen business days following our receipt of a compliant counter notice. Unless we first receive notice that the complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity.

Be advised, regardless of whether or not the complaining party files an action seeking a court order to restrain the alleged infringer from engaging in infringing activity. The complaining party may still maintain the right to seek relief in a court of law. It is our policy to adhere to all orders of the court. Any court order issued in connection with a complaint that has been filed against the alleged infringer with which we are served will, with immediate effect, supersede any allowance we may have made permitting the alleged infringer to re-enable or otherwise restore the access to the material claimed to be the subject of infringing activity. A filing of a copyright infringement counter notice may result in litigation between and among the parties.

Trademark Infringement

You may not utilize the Service in any manner that infringes on the rights of any person or party. An infringement may include, but is not limited to selling counterfeit goods, unauthorized copying of photographs, logos, designs or other lawfully protected works.

It is our policy to promptly investigate compliant notices of alleged trademark infringement that are provided to us in writing regarding Content hosted on or otherwise displayed thru our systems. Our response mechanism to such notices may include removing or disabling access to the material claimed to be the subject of infringing activity, without prior notice, and without regard to the complaint’s substance.

Presently, there is no counter notification process in place for trademark law. If you wish to object to the complaint filed against you, you will need to take matter up with the trademark owner in a court of law. In any case, you hold Fastcomcorp Hosting Services completely harmless in all matters concerning our action with respect to any trademark infringement complaint. Fastcomcorp Hosting Services reserves the right, in its sole discretion, to close any Fastcomcorp Hosting Services Account for which Fastcomcorp Hosting Services receives three or more trademark infringement complaints, without prior notice and without a refund of any fees.

Any person or entity who wishes to file a claim of trademark infringement regarding Content hosted on or otherwise displayed thru our systems may file notice via either email or postal mail. Any person or entity who needs assistance filing a claim of trademark infringement should consult or hire an attorney.

IMPORTANT NOTE: Any person or entity who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including, but not limited to costs and attorney’s fees) incurred by the alleged infringer, the trademark owner or its licensee, or the service provider.

To email, send to legal@fastcomcorp.com
To send via postal mail, send to:

Fastcomcorp, LLC.
Attention: DMCA Compliance Officer
11 North Water St. Suite 10290
Mobile, AL 36602

In order for us to begin an investigation on any claim of an alleged trademark infringement. The notice of trademark infringement must include all of the following:

  1. The trademark or service mark (“the mark”) claimed to be the subject of infringing activity.
  2. The registration number of the trademark.
  3. The country of origin of the trademark.
  4. The contact information of the owner of the trademark, including name, address and telephone number.
  5. The goods or services associated with the mark.
  6. A complete description of the manner in which the complaining party believes the mark has been or is being infringed upon.
  7. The precise location of the allegedly infringing activity, specifically, the URL’s.
  8. A statement, under penalty of perjury, that the complaining party has a good faith belief that use of the mark in the manner complained is not authorized by the owner of the mark, and use of the mark by in the manner complained infringes upon the rights of owner of the mark.

Possible Effects of Our Actions

There may be some cases when we remove or disable access to material claimed to be the subject of infringing activity or that, in our judgment, breaches any section of this Agreement. That action may cause some elements or areas of your website or the Service to malfunction or become unavailable. In no event shall Fastcomcorp Hosting Services be held liable in any case and you are solely responsible for repairing or redressing such an issue.

If we are unable to immediately access Content claimed to be the subject of infringing activity or that, in our judgment, breaches any section of this Agreement, or if our attempt to remove or disable access to said Content or website is unsuccessful we may immediately suspend the website or Service upon which the Content is displayed. In any such case, you will not be permitted to re-enable or otherwise restore access to the website or Service until you have complied with all of the terms set out in our notice to you concerning the issue.

It is your duty to immediately remove or disable access to any duplicative or derivative works of any Content or website Fastcomcorp Hosting Services may disable pursuant to any section of this Agreement, whether or not such Content has the same title, name or label as the offending Content, is in any other format, form, size or is in or on any other directory or location on our systems. Your failure to do so could subject you to civil liability pursuant to U.S. federal law, and could also result in the suspension or closure of the Fastcomcorp Hosting Services Account.

If any Content or website is disabled or removed pursuant to Fastcomcorp Hosting Services obligations as a service provider under the DMCA, or pursuant to any section of this Agreement, re-enabling or otherwise restoring access to that Content or website is prohibited until and unless you are otherwise notified by Fastcomcorp Hosting Services, thru a support ticket or email. In any event where the Content or website is re-enabled or otherwise restored (whether on the original Fastcomcorp Hosting Services Account or a different Account). Fastcomcorp Hosting Services express authorization as set forth in this Agreement. The Fastcomcorp Hosting Services Account will be closed with immediate effect and without prior or further notice.

Intellectual Property

The Fastcomcorp Hosting Services Website, including all text, source code, scripts, and images rightfully belong to us. All rights reserved. Any replication, modification, or copy of any part of this Website without the prior or written consent by Fastcomcorp Hosting Services is prohibited. This notice applies to website visitors, customers, non-customers, affiliates, and resellers of Fastcomcorp Hosting Services.

Fastcomcorp Hosting Services is a mark of Fastcomcorp, LLC. Also includes (fcc) Hosting Services, PlexiusDNS, (fcc) Cyber Security, FelipeDB, Plexius Platform, Enexmail, and Fastcomcorp logo they are all trademarks of Fastcomcorp, LLC. You may not utilize any of our marks as domain names. All other trademarks are the property of their respective owners.

Fastcomcorp marks may only be used with the express advance written permission of Fastcomcorp and, in any event, may never be utilized to: (1) Promote or market competitive products or services. (2) Misrepresent Fastcomcorp or Fastcomcorp Hosting Services, its products or services, or in any manner which in our judgment may diminish or otherwise damage the brand we have established in our marks.

By utilizing our services you agree and understand that Fastcomcorp exclusively own all rights and interests in the Service. Including, without limitation, all of the intellectual property rights therein. The Service is licensed, not sold under this Agreement. This Agreement grants you a temporary, non-exclusive, revocable, royalty-free license to use our Service during the period permitted by Fastcomcorp Hosting Services, which is determined at our sole and absolute discretion, and which may be changed at any time with or without prior notice.

As a Fastcomcorp Hosting Services customer, by accepting our Terms of Service. You agree that Fastcomcorp Hosting Services can utilize your individual name or your company’s name and/or logo on our website, marketing materials, and other advertisements to indicate that you are or at one point were a Fastcomcorp Hosting Services customer. If you are creating a website on behalf of a client or other third party, you represent and warrant that you have permission to grant this authority on behalf of that third party. This provision shall survive termination of this agreement or your customer relationship with Fastcomcorp Hosting Services.