DMCA and Copyright Policy

In plain language. If something hosted with us infringes your copyright, send a notice to our copyright agent with the details listed in Section 2 and we will act on it — usually by removing or disabling the material and telling the customer. If your material was removed and you believe that was a mistake, you can send a counter-notice and, unless the complainant goes to court, the material goes back. Accounts that keep infringing are terminated. Notices sent in bad faith carry liability under US law. This box is a summary; the numbered sections below are the policy.

This policy is part of the terms you accept at checkout. The Terms of Service and the Acceptable Use Policy prohibit hosting infringing material, and this policy is how copyright complaints about our customers' Services are handled.

1. Designated Copyright Agent

TridentSky responds to notices of claimed copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512, and to equivalent notices under the law of other countries.

Send notices to our copyright agent:

Copyright Agent — TridentSky 5501 Hildebrand Boulevard a340, Kennewick, WA 99338, United States Email: [email protected], with "DMCA Notice" in the subject line

Email is the fastest channel and is the one we monitor continuously. Notices about a game server should also include the server's IP address and port, because that is how we identify the Service.

2. What a Notice Must Contain

A valid notice must be a written communication that includes substantially the following:

1. A physical or electronic signature of the owner of the exclusive right, or of a person authorised to act on their behalf.
2. Identification of the copyrighted work claimed to have been infringed, or, for several works at one site, a representative list.
3. Identification of the material claimed to be infringing, with enough detail for us to locate it: the IP address and port, the domain, the file path, the plugin or resource name, screenshots, or the store page the work was taken from.
4. Your contact details: name, postal address, telephone number and email address.
5. A statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent or the law.
6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are the owner of the exclusive right or authorised to act on their behalf.

A notice that omits these elements may not be effective, and we may come back to you for the missing information before acting.

3. What We Do With a Notice

3.1. We review the notice. If it is substantially complete, we act expeditiously to remove or disable access to the material, or we require the customer to do so within a short deadline, which may mean stopping a server or a specific resource.

3.2. We forward the notice, including your name and contact details as given in it, to the customer whose Service is involved, so they can respond or send a counter-notice. If you do not want your contact details forwarded, say so and we will forward the notice with them redacted where the law allows.

3.3. We record the notice, the action taken and the date, as part of the repeat-infringer policy in Section 5.

3.4. We are a hosting provider, not the author of our customers' content, and we do not decide who owns a work. Where a claim is genuinely contested, the way to settle it is between the parties or in court.

4. Counter-Notice

4.1. If your material was removed or disabled and you believe that was a mistake or a misidentification, you may send a counter-notice to the agent above containing substantially the following:

1. Your physical or electronic signature.
2. Identification of the material that was removed and the location where it appeared before removal.
3. A statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification.
4. Your name, postal address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the district where you live, or, if your address is outside the United States, for any district in which we may be found, and that you will accept service of process from the person who sent the notice or their agent.

4.2. We forward a valid counter-notice to the complainant. If they do not tell us within 10 business days that they have filed a court action seeking to restrain the activity, we may restore the material in 10 to 14 business days from receipt of the counter-notice.

4.3. Restoring material does not restore a Service that was deleted in the meantime for another reason, such as non-payment.

5. Repeat Infringers

5.1. We terminate, in appropriate circumstances, the Services and Accounts of customers who are repeat infringers.

5.2. In practice: a first valid notice is a warning with a deadline to remove the material; a second is a suspension until the matter is resolved; a third leads to termination of the Service and, where the pattern justifies it, of the Account. Notices that are withdrawn, successfully answered by a counter-notice, or plainly invalid are not counted.

5.3. A customer whose business is built on infringing material — a server running cracked or leaked paid resources, a mirror of somebody else's community, a distribution point for pirated software — may be terminated on the first notice under the Acceptable Use Policy.

5.4. No refund is due for a Service suspended or terminated under this policy.

6. Misuse of the Process

Under 17 U.S.C. § 512(f), a person who knowingly and materially misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages, including costs and legal fees. We keep every notice and counter-notice, and we may refuse to act on notices from a sender with a record of abusing the process, including notices used to attack a competing community.

7. Trademarks and Other Rights

Complaints about trademarks, publicity rights, impersonation or leaked private material go to the same address, with the same level of detail: what the right is, where it is registered or how it arose, where the offending material is, and how to contact you. We handle them under the Acceptable Use Policy.

8. Changes

We may update this policy as described in the Terms of Service.

9. Contact

TridentSky 5501 Hildebrand Boulevard a340, Kennewick, WA 99338, United States Email: [email protected] Website: tridentsky.net Client area: billing.tridentsky.net