Netfirms Trademark and/or Copyright Dispute Policy

RESPECTING INTELLECTUAL PROPERTY

Netfirms, Inc. ("Netfirms") supports the protection of intellectual property and is committed to helping trademark, service mark and copyright owners protect their intellectual property rights. To that end, Netfirms has established the following policies concerning claims for trademark and/or copyright infringement.


TRADEMARK CLAIMS

If you would like to submit a claim for violation of a trade mark or service mark for which you hold a valid registration with the intellectual property organization of your country (the "Registered Mark"), please submit the following information:

  1. Sufficient evidence that the party posting the purportedly infringing mark is a Netfirms customer;
  2. An identification of the Registered Mark that you claim is being infringed;
  3. The jurisdiction or geographical area to which the Registered Mark applies;
  4. The name, post office address and telephone number of the owner of the Registered Mark;
  5. The goods and/or services covered by or offered under the Registered Mark;
  6. The date of first use of the Registered Mark;
  7. For trademarks registered in the United States, the date of first use in interstate commerce of the Registered Mark;
  8. For trademarks registered in countries other than the United States, the date on which the intellectual property organization of that country issued a registration for the Registered Mark;
  9. The mark that you believe infringes your Registered Mark;
  10. The goods and/or services covered by or offered under the mark claimed to be infringing.
  11. The precise location of the infringing mark, including electronic mail address and URL;
  12. A good faith certification, signed under penalty of perjury, stating:
  1. The mark [identify mark] infringes the rights of another party,
  2. The name of such said party,
  3. The mark [identify mark] being infringed, and
  4. That use of the mark [identify mark] claimed to be infringing at issue is not defensible.

Please send the notification to Netfirms, Inc., at one of the following addresses:


By email to: trademark@netfirms.com
By fax to: 1-416-661-0700

By mail to: Trademark Claims
Netfirms, Inc.
7030 Woodbine Avenue
Suite 800
Markham, ON, L3R 6G2
Canada.

When Netfirms receives the above information, it will initiate an investigation. While Netfirms is investigating the claim, Netfirms, at its sole discretion and without any legal obligation to do so, may notify the posting party that it will lock down the posting party's domain name(s), redirect the posting party's DNS, and/or if the challenged URL is stored on a Netfirms server, temporarily deny access to that material.

If Netfirms concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, continue to suspend the posting party's Netfirms account. If the allegedly infringing mark is stored on a Netfirms server, Netfirms may also deny access to the materials containing that mark that are located on its server. If Netfirms concludes that you have not raised a legitimate claim or if it is not clear whether you have raised a legitimate claim, Netfirms will restore access to the challenged material.

Note: This policy does not pertain to disputes concerning the use of a trademark as part or all of a domain name. Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") if you have a concern or dispute concerning a domain name. The UDRP covers domain names disputes; Netfirms' trademark policy specifically excludes domain name disputes.

COPYRIGHT CLAIMS

If you would like to submit a copyright claim for material on which you hold a bona fide copyright, Netfirms requests that you (the "Complaining Party") submit a written notification concerning the claimed infringement. The notification must contain the following:

  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 such 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.
  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.

Please send the notification to Netfirms, Inc., at one of the following addresses:

By email to: copyright@netfirms.com
By fax to: 1-416-661-0700


By mail to: Copyright Claims
Netfirms, Inc.
7030 Woodbine Avenue
Suite 800
Markham, ON, L3R 6G2
Canada.

Upon receipt of a notification that conforms to paragraphs 1-6 above, Netfirms will disable access to the claimed infringing material. Failure to provide all of the information requested by paragraphs 1-6 may render your notice ineffective, in which case there may be no action to disable access to any materials.

If you provide Netfirms with an appropriate notification, then Netfirms will forward your written notification to the alleged infringer and shall promptly take reasonable steps to notify the infringer that it has disabled access to the material.

TRADEMARK AND COPYRIGHT COUNTER NOTIFICATION POLICY If you, the "Subscriber," have received a notice of copyright or trademark infringement, you may provide a counter notification by emailing to Copyright@Netfirms or Trademark@Netfirms. Your counter notification should include all of the following:
  1. A physical or electronic signature by a person authorized to act on behalf of the Subscriber to the hosting service;
  2. Identification of the material that access has been disabled and the location at which the material appeared before access to it was disabled.
  3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was disabled as a result of mistake or misidentification of the material to be disabled.
  4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.

Please send the counter notification to Netfirms, Inc., at one of the following addresses:

By email to: copyright@netfirms.com or trademark@netfirms.com
By fax to: 1-416-661-0700

By mail to: Copyright Claims/Trademark Claims
Netfirms, Inc.
7030 Woodbine Avenue
Suite 800
Markham, ON, L3R 6G2
Canada.

Upon receipt of a counter notification that conforms with paragraphs 1-4 of this Counter Notification section, Netfirms shall promptly notify the Complaining Party of the counter notification and shall provide a copy of the counter notification to the Complaining Party. Netfirms will inform the Complaining Party that it will cease disabling access to it in 10 business days. Netfirms will cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Netfirms first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the material on Netfirms' system or network.


REPEAT INFRINGERS

It is Netfirms' policy to provide for the termination, in appropriate circumstances, of Netfirms customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.

X Close Window