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Complaint procedure

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Complaint procedure

Last updated June 23, 2017

HOSTKEY promotes a high level of responsible behavior in connection with the use of its services. The Company respects the rights of others and requires that users of its services do the same.

HOSTKEY needs to suppress abuses that threaten its ability to provide the Services, and HOSTKEY asks that everyone abide by the rules below to help achieve this goal. If you have identified that HOSTKEY services are used in violation of the HOSTKEY’s Terms and Conditions or any applicable law, or if you believe that your content has been used in any manner that infringes upon your rights, you can send an abuse notification.

The procedure and requirements for the abuse notifications are set forth below. Please, study this document carefully. HOSTKEY would like to emphasize that if the necessary information related to the abuse was not presented, HOSTKEY cannot take appropriate measures.

Principles

When processing an application in accordance with the present document, HOSTKEY is guided by the following principles:

Limitation of liability

HOSTKEY complies with the laws and does not have control over the use of its services by its Customers.

HOSTKEY does not assume the functions of a judicial or law enforcement agency.

HOSTKEY cannot define whether or not the content posted is illegal. In case of any disputes, an Applicant should contact a law enforcement agency or a court.

Presumption of good faith

Customer:

HOSTKEY respects its Customers and proceeds on the basis that they comply with the legal requirements and HOSTEY’s Terms and Conditions while using the services.

Applicant:

The application procedure should not interfere with the necessary legal actions. An Applicant must understand that evidence tampering is illegal.

General conditions

2.1

An application will only be taken into processing if it meets the requirements outlined in this document.

2.2

We solely process applications or complaints of unlawful and/or illegal content if received in writing. Any applications or complaints that contradict the notice and takedown procedure as described below, will not be processed.

2.4

An application has to be submitted in correct languages:

If a server located in the Netherlands and USA, English.

2.4

An application has to be submitted in written send to the correct HOSTKEY company address:

If a server is located in the Netherlands or in the United States: HOSTKEY B.V., Willem Frederik Hermansstraat 91, 1011 DG Amsterdam, the Netherlands.

2.5

The urgent report has to be send to [email protected]. At the same time the original copy of the report has to be send to the correct HOSTKEY company address.

2.6

The application should state that the applicant undertakes to indemnify for losses incurred by the HOSTKEY in the case of unwarranted server suspension, if afterward the application is proved to contain false information about the violation of the applicant’s copyright.

2.7

It is Applicant’s obligation to maintain its own email addresses for reports and to promptly and appropriately respond to all emails sent to these addresses.

Requirements and procedure

3.1

The application has to include the following identification information: a. For individuals — first, middle and last names, passport details (number, issuing authority, issue date), contact information (phone number and/or Fax, email address).
b. For legal entities — company name, factual and legal addresses, contact information (phone number and/or Fax, email address).

3.2

The application has to include one of the following keywords in the name of the application: [Child abuse] [Copyright] [Trademark] [VOIP/SIP] [Phishing] [Spam] [Hack] [Malware] [Gambling] [Zoophilia] [Defamation] [Personal data] [Pornography] etc.

3.3

The application should reference an IP address where the reported content is located or from which the reported conduct occurred. The IP address in question must belong to HOSTKEY. Only include one IP address per claim. If Applicant wishes to submit a claim for more than one IP address, separate claims need to be submitted per each IP.

3.4

Include the links to the infringing material or activity. Include only URLs or domain names, on which an Applicant is seeking resolution. These URLs should resolve to an IP address belonging to HOSTKEY!

3.5

Provide a description of the content or conduct that Applicant wishes to report and an explanation as to why it is infringing Applicant’s rights or violating applicable law or applicable HOSTKEY’s Terms and Conditions.

3.6

Include consent from an Applicant to process his personal data (if an Applicant is an individual).

3.7

An Applicant has to attach copies of documents confirming his rights. The Application may be accompanied by the documents containing other pertaining information. If an authorized person submits an Application, he shall submit a copy of the document confirming his powers.

Specific features for submission of the application

4.1

SPAM claim has to contain:

The domain name and complete header and body information of the spam email. Message header and body are the most important proof. Without this information, we cannot verify the complaint.

4.2

Trademark infringement claim has to contain:

The registration details (including registration number) for the infringed trademark.

4.3

A description of the copyrighted work that has been infringed, including a copy of the copyrighted work or the URL, where the copyrighted material can be found.

4.4

Hacking, VOIP/SIP Scanning, (D)DoS and malicious software claim has to contain:

A description of the illegal activities, including date and timestamp, the IP address of servers that are subject to the illegal activities, the destination port, source port and log files.

Application processing

5.1

After submission, an Applicant will receive an automated reply with an acknowledgment of the receipt and a ticket number.

5.2

If a report does not meet the requirements, the Applicant is given an opportunity to modify the message or clarify. If the application afterward still does not meet the requirements, the claim will be dismissed.

5.3

Once updated application is submitted, HOSTKEY will consider the accuracy of the application.

5.4

HOSTKEY evaluates reports referred to in the document to determine whether they are unequivocally unlawful and/or punishable.

5.5

HOSTKEY does not disclose information on the status of the application except for the cases stipulated by law.

Interfering with application processing

There shall not be any interference with the procedure set out in this document.

The following actions are construed as an abuse by HOSTKEY:

Repeated applications, formally corresponding to the requirements of this document, but containing false information based on the inspection results

Falsification of documents (including electronic) and information.

Filing of the complaint in a way that violates HOSTKEY’s Terms and Conditions, Terms of Services, this document or using unreliable information.

Use of automatic mailings and/or “robots” to access and/or to communicate with HOSTKEY.

Appeal by the Applicant after claim submission containing the same complaint in relation to the same subject in any other way, if there is no reference to the number of the originally submitted claim (ticket number).

Objection

7.1

In some cases, HOSTKEY may grant a Customer an option to contest the alleged violation by submitting a counter-notice.

7.2

HOSTKEY shall review the submitted information and may (at its sole discretion) decide to reject Customer’s counter-notice, and require Customer to take immediate remedial action, if, at HOSTKEY’s sole discretion, Customer’s or the end user's content or actions are unmistakably unlawful and/or may subject HOSTKEY to third party applications and/or litigation.

Modification

The document is not exhaustive, HOSTKEY reserves the right to modify it from time to time. Such modifications shall become immediately effective upon posting of the modified document to www.hostkey.com/about-us/legal/ and will be communicated electronically to the Customers. The continued use of the Services after a modification has been communicated, constitutes Customer’s acceptance of the document.

Miscellaneous

9.1

Nothing in this text should be construed as a legal advice. For the definitive word on the law, legal help, etc. HOSTKEY highly recommends to seek qualified legal counsel.

9.2

Never send abuse applications directly to personal email addresses of HOSTKEY employees and never call about abuse to personal mobile telephone numbers of HOSTKEY personnel.