It is Croatian Web Hosting's policy to comply fully with the Digital Millennium Copyright Act and other applicable intellectual property laws (collectively the "Act").
As explained in more detail below, the Act requires the removal or disabling of access to material claimed to be, or reasonably determined by Croatian Web Hosting, the subject of infringing activity. If the Act requires material on a clients website to be removed or disabled, Croatian Web Hosting will make a good faith attempt to contact the administrator of the affected site so that they can make a counter notice pursuant to sections 512(g)(2) and (3) of this Act.
To report a copyright infringement notification with Croatian Web Hosting, the claimant must provide written communication to Croatian Web Hosting that includes substantially the items listed below. PLEASE NOTE that pursuant to the Act the claimant will be liable for damages, including costs and attorneys fees, if the claimant misrepresent that a product or activity is infringing its copyrights. If a claimant is not sure whether material infringes its copyright, Croatian Web Hosting recommends the claimant first consult an attorney:
- Identify in detail the copyrighted work(s) claimant believes has been infringed. Provide as much detail as possible, for example, include the URL or domain name where the infringement occurs.
- Identify the material that claimant believes infringes its copyright and that claimant wants removed or access to which is to be disabled and information reasonably sufficient to permit Croatian Web Hosting to locate the material.
- Provide information reasonably sufficient to permit Croatian Web Hosting to contact claimant, such as address, telephone number, and, if available, an email address.
- Include the following statement: "I have a good faith belief that the use of materials described above is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "The information in this notification is accurate and that I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- The request must be physically signed by a person authorized to act on behalf of the owners of an exclusive right that is allegedly infringed.
- Send the request to us
Upon receipt of the above notice of infringement, Croatian Web Hosting will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity as required by the Act. The designated copyright agent for Croatian Web Hosting will take reasonable steps to promptly notify the affected client. Such client may then give Croatian Web Hosting's copyright agent a written counter notification that includes substantially the below. PLEASE NOTE that pursuant to the Act such client will be liable for damages, including costs and attorneys fees, if the client misrepresents that a product or activity is not infringing the copyrights of others. If the client is not sure whether material infringes copyrights of others, we recommend the client first consult an attorney.
- Identify 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.
- Provide information reasonably sufficient (including email) for Croatian Web Hosting to contact the client.
- Include the following statement: "I consent to the jurisdiction of the Commercial Court in Zagreb, Croatia, and that I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person."
- Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Sign and date the counter notification
- Send this to us
If the Croatian Web Hosting client serves a counter notification complying with the above requirements, then Croatian Web Hosting will promptly provide the person who provided the initial infringement statement with a copy of the counter notification and will inform such person that Croatian Web Hosting will replace the removed material or cease disabling access to it within 10-14 business days. Croatian Web Hosting will then replace the removed material and cease disabling access to within 10-14 business days following receipt of the counter notice unless the copyright owner gives Croatian Web Hosting's copyright Agent notice that it has filed an action seeking a court order against the client.
If Croatian Web Hosting receives a notification from a copyright holder who has procured an injunction prohibiting Croatian Web Hosting from providing access to allegedly infringing material, the client will be notified by email of the injunction. Croatian Web Hosting will follow the requirements of an enforceable injunction, anything to the above notwithstanding.