Effective as at 12.00pm 20/09/2024
Last Updated as at 12.00pm 20/09/2024
One&OnlyHost complies with the Digital Millennium Copyright Act, 17 U.S.C. Section 512, as an online service provider. We respect the intellectual property rights of others and have implemented a clear process for copyright owners to submit notices of copyright infringement and for webmasters to restore access to mistakenly disabled websites. This policy outlines the steps for filing a DMCA notice and counter-notification, as well as how we handle such requests.
Table of Contents
- Notice to Copyright Owners
- How to File a Proper DMCA Notice
- Submitting Your DMCA Notice to the Designated Agent
- What Happens When We Receive a DMCA Notice
- Notice and Takedown Process
- Notice to Users of One&OnlyHost Systems
- Writing and Submitting a Counter-Notification
- Repeat Infringers
- Technical Measures
- Handling Non-Compliant Notices
- Misleading Information
Notice to Copyright Owners
The DMCA provides a mechanism for copyright owners to request the removal of infringing content from online platforms. To request that One&OnlyHost disables access to copyrighted content on our system, two steps are required: (1) Writing a proper DMCA notice, and (2) Sending it to One&OnlyHost’s Designated Agent.
How to Write a Proper DMCA Notice
A proper DMCA notice must be submitted under penalty of perjury and should include the following:
- Identify yourself as:
- The copyright owner, or
- An authorized agent acting on behalf of the copyright owner.
- Provide your contact information, including your name, physical address, phone number, and email address.
- Clearly identify the copyrighted work(s) that you claim have been infringed. If your claim involves multiple works, you may provide a representative list.
- Identify the specific material you believe to be infringing, along with the URL or other information that allows us to locate the material.
- State that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agents, or the law.
- Confirm that the information in the notice is accurate and submit the notice under penalty of perjury.
- Sign the notice physically or electronically.
Submitting Your DMCA Notice to the Designated Agent
Once you have prepared your DMCA notice, send it to our Designated Agent using the following contact details:
Address:
One&OnlyHost
Suite 13063
PO Box 39018 Harewood
Christchurch 8545
New Zealand
Email: [email protected]
What Happens When We Receive a DMCA Notice
Upon receiving a valid DMCA notice, One&OnlyHost will follow the legally prescribed procedures. We will disable access to the allegedly infringing material and notify the webmaster of the action. The affected webmaster can then file a counter-notification if they believe the material was wrongly taken down.
Notice and Takedown Process
We expect all users to comply with copyright laws. When we are notified of potential copyright infringement, or become aware of facts suggesting infringement, we will act quickly to disable or remove the content. If a counter-notification is received, we will comply with the provisions of the DMCA, which may involve restoring the content if the counter-notification is valid.
Notice to Users of One&OnlyHost Systems
As part of our Terms of Service, you are required to use only legally acquired content on your website. If we receive a notice of copyright infringement, your site may be disabled, and your access to our system may be suspended. You can submit a counter-notification if you believe the takedown was incorrect.
Writing and Submitting a Counter-Notification
If your website is disabled due to a DMCA takedown and you believe the action was a mistake, you may file a counter-notification.
To prepare a proper counter-notification, include the following:
- State that access to your website was disabled due to a DMCA takedown notice.
- Identify the material that was removed and provide its URL prior to removal.
- Include a statement, under penalty of perjury, with:
- Your name, address, and phone number,
- A declaration that you have a good faith belief that the material was removed due to error or misidentification,
- Consent to the jurisdiction of the court in your location.
Send your counter-notification to the One&OnlyHost Designated Agent at the contact details listed above.
Repeat Infringers
One&OnlyHost reserves the right to terminate the accounts of users who are identified as repeat infringers under applicable copyright laws.
Accommodation of Standard Technical Measures
We will not interfere with standard technical measures, which are recognized as reasonable methods used by copyright owners to identify or protect their works.
Handling Non-Compliant Notices
One&OnlyHost has the discretion to handle incomplete or non-compliant DMCA notices in a manner appropriate to the circumstances. We may take no action on notices that do not meet the necessary requirements.
Submission of Misleading Information
Submitting false or misleading information in a DMCA notice or counter-notification may result in liability and void any claims made by the submitting party.