DMCA Procedures

This page describes the procedures followed by Hostry Compute LLC ("Hostry", "we", "us", "our") for handling copyright infringement claims under the United States Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA").

Hostry respects the intellectual property rights of others and expects its customers to do the same.

1. Designated Agent

Notifications of claimed copyright infringement must be sent to our designated agent:

Designated Copyright Agent
DMCA Agent
Hostry Compute LLC
2810 N Church St STE 89834
Wilmington, DE 19802
United States
Email: dmca@hostry.com
Telephone: +1 (302) 306-3730

2. Scope

These procedures apply to all Hostry services. Hostry acts as a service provider under § 512, and does not select, monitor or modify the material stored by its customers.

Claims of illegal content other than copyright infringement, and claims from rightsholders in the European Union who prefer to proceed under EU law, may be submitted under the Abuse Reports Processing Policy and the EU Digital Services Act Disclosures.

3. Submitting a Takedown Notice

If you believe material hosted on Hostry infrastructure infringes your copyright, you may submit a written notification to our designated agent. To be effective under § 512(c)(3), the notification must include all of the following:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed, or, where multiple works at a single site are covered by a single notification, a representative list of those works;
3. identification of the material claimed to be infringing and to be removed, with information reasonably sufficient to permit us to locate it — for hosting services this means the specific IP address and URL, and the date and time of the activity including timezone;
4. information reasonably sufficient to permit us to contact you: name, address, telephone number and email address;
5. a statement that you have 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 you are authorized to act on behalf of the owner of the exclusive right allegedly infringed.

A domain name alone is not sufficient. IP addresses are assigned from shared pools and are reassigned over time, so without an IP address and timestamp we may be unable to identify the responsible service.

Incomplete or vague notices may be rejected or delayed, and a notice that does not substantially comply with § 512(c)(3) does not constitute actual knowledge of infringement.

4. How Notices Are Processed

On receipt of a valid notice, Hostry will:

• review it for completeness and formal validity;
• forward it to the affected customer, and require expeditious removal or disabling of access to the identified material;
• where the customer does not act, or where circumstances require, disable access to the identified material itself;
• take reasonable steps to notify the customer that the material has been removed or disabled.

Because Hostry provides infrastructure rather than a content platform, removal is normally carried out by the customer at Hostry's direction. Where Hostry acts directly, the least disruptive available measure is used.

Copyright claims are treated as Standard Violations under Section 7 of the Master Service Agreement: the customer receives notice and a reasonable period to remedy the situation before service-level restrictions apply. This does not limit Hostry's obligation to act expeditiously in response to a valid notice.

Hostry does not adjudicate copyright disputes. It processes notices on the basis of formal compliance with DMCA requirements.

5. Counter-Notification

If you are a customer whose material was removed or disabled and you believe this resulted from mistake or misidentification, you may submit a counter-notification to our designated agent. To be effective under § 512(g)(3), it must include:

1. your physical or electronic signature;
2. identification of the material that was removed or disabled, and the location at which it appeared before removal;
3. a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification;
4. your name, address and telephone number;
5. 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 the United States, of the United States District Court for the District of Delaware, and that you will accept service of process from the person who submitted the notification or their agent.

On receipt of a valid counter-notification, Hostry will forward a copy to the original complainant and inform them that the material will be restored in 10 business days. The material is restored not less than 10 and not more than 14 business days after receipt of the counter-notification, unless the complainant first notifies us that they have filed an action seeking a court order to restrain the infringing activity.

6. Repeat Infringer Policy

In accordance with § 512(i), Hostry has adopted and implements a policy providing for termination, in appropriate circumstances, of the accounts of customers who are repeat infringers.

Hostry maintains a record of valid takedown notices received against each account. Counter-notified claims, and claims later withdrawn or found invalid, do not count toward this record.

Where an account accumulates repeated valid notices, Hostry may suspend the affected services and, in appropriate circumstances, terminate the account permanently. Determinations are made at Hostry's discretion, taking into account the number and pattern of notices, the customer's responsiveness, and whether the same material recurs after removal.

7. Misuse of the DMCA Process

Under § 512(f), any person who knowingly materially misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages, including costs and attorney fees.

Hostry reserves the right to reject or report abusive submissions, to block sources that repeatedly submit bad-faith notices, and to take action under applicable law and the Master Service Agreement.

8. No Legal Advice

Nothing on this page constitutes legal advice. All parties involved in a copyright dispute are encouraged to seek independent legal counsel.

9. Privacy of the Parties

Copies of notices and counter-notifications, including the personal information they contain, are forwarded to the opposing party as required by the DMCA, and may be disclosed to law enforcement or in legal proceedings. By submitting a notice or counter-notice, you acknowledge this disclosure.

10. Contact

dmca@hostry.com

Notices and counter-notices sent via social media, live chat, unrelated support tickets or other informal channels may not be processed.