DMCA Policy

Last Updated: April 15, 2024

Termination Of Customer Account

1. We will terminate a customer’s access to the service if, under appropriate circumstances, the customer is determined to be a repeat infringer.
2. We reserve the right to decide whether material or activity violates our Master Services Agreement for reasons other than copyright infringement, including child pornography, obscenity, or excessive length. We may at any time, without prior notice and in our sole discretion, remove that material or terminate a customer’s account for submitting that material in violation of our Master Services Agreement.

Removal Of Material For Which Copyright Infringement Is Claimed

We take claims of copyright infringement seriously. We will respond to allegations of copyright violations under the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for a copyright owner to give notice to an online service provider concerning alleged copyright infringement. When an effective DMCA notice is received, we will respond under this process by taking down or disabling access to the offending content. On taking down or disabling access to content under the DMCA, we will take reasonable steps to contact our customer so that a Counternotification may be filed. On receiving a valid Counternotification, we generally restore the content in question, unless we receive notice from the DMCA Notice provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. Our privacy policy does not protect any information contained in any DMCA Counternotification.

To File A DMCA Notification.

If you are a copyright owner or an agent of a copyright owner and believe that any content hosted on the FOS Hosting network infringes on your copyrights, you may submit a notice under the Digital Millennium Copyright Act (DMCA) by providing our copyright agent with the following information in writing (see 17 U.S.C. § 512 for further detail):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of those works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of your DMCA notice is the best way to help us locate content quickly.
4. Information reasonably sufficient to permit the service provider 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. 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. 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.
7. Provide information, if possible, sufficient to permit us to notify the customer or customers who posted the content that allegedly contains infringing material.

You can send the DMCA Notice to our Designated Agent at:

FOS Hosting Attn:

Designated Copyright Agent

11718 S Federal Hwy 236

Hobe Sound FL 33455

Email: support@foshosting.com

Any person who knowingly materially misrepresents that material or an activity is infringing or that any material or activity was removed or disabled by mistake or misidentification, shall be liable to us for any damages, including costs and attorneys’ fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.

To File A Counternotification.

If you believe that your content/material that was removed or to which access was disabled is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or under the law, to post and use the material, you may send a Counternotification containing the following information to our Designated Agent:

1. Your physical or electronic signature;
2. 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 disabled;
3. 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; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the U.S. district court in the state in which you reside (or the U.S. district court where our headquarters are located if your address is outside of the United States), and a statement that you will accept service of process from the person who provided notice of the alleged infringement to us.

You can send the Counternotification to our Designated Agent at:

FOS Hosting Attn:

Designated Copyright Agent

11718 S Federal Hwy 236

Hobe Sound FL 33455

Email: support@foshosting.com

Any person who knowingly materially misrepresents that material or an activity is infringing or that any material or activity was removed or disabled by mistake or misidentification, shall be liable to us for any damages, including costs and attorneys’ fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.