DMCA Policy
1. Scope
1.1 Service Provider. MineXHost LLC, a Pennsylvania limited liability company ("MineXHost," "we," "us," or "our"), is an online service provider. We rent customer-controlled Minecraft game servers (each, a "Server") and the storage behind them (together, the "Services").
1.2 Customer Material. The mods, plugins, modpacks, worlds, resource packs, configuration files, and other material on a customer's Server are uploaded, installed, and controlled by that customer and not by MineXHost. We do not review that material before it is stored. Section 7 of our Terms of Service makes each customer responsible for holding the rights to everything the customer installs.
1.3 Purpose. This DMCA Policy (this "Policy") explains how a copyright owner may ask us to remove or disable access to material stored on our systems, how the affected customer may respond, and the procedure we follow in the interim. This Policy forms part of the Terms of Service and operates alongside our Acceptable Use Policy, which separately prohibits content that infringes intellectual property rights.
1.4 Statutory Basis. The procedure in this Policy follows the notice-and-takedown provisions of the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512.
2. Notices of Claimed Infringement
2.1 Submitting a Notice. If you own a copyright, or are authorized to act on behalf of a copyright owner, and you believe that material stored on a Server infringes that copyright, you may send a written notice to the Designated Agent identified in Section 3. To be effective under 17 U.S.C. § 512(c)(3)(A), a notice must include substantially all of the following:
- A physical or electronic signature of the copyright owner or of a person authorized to act on the owner's behalf.
- Identification of the copyrighted work claimed to have been infringed or, if a single notice covers multiple works at one site, a representative list of those works.
- Identification of the material claimed to be infringing, with information reasonably sufficient to permit us to locate it. For a Server, this means the Server's IP address and port or its hostname, together with the file path, mod or plugin name, or in-game location where the material appears.
- Information reasonably sufficient to permit us to contact you, namely your name, postal address, telephone number, and email address.
- A statement that you have a good-faith belief that the use complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the owner's behalf.
2.2 Incomplete Notices. A notice that omits any of these elements may be ineffective, and our ability to act on it may be delayed or prevented.
2.3 Legal Advice. If you are uncertain whether the material you are reporting is infringing, you should consider consulting an attorney before you send a notice. Whether a use is a fair use, and what the license terms of a mod or plugin permit, can be difficult to determine.
3. Designated Agent
3.1 Where to Send Notices. Copyright notices and counter-notifications must be sent to the agent designated by MineXHost to receive them (the "Designated Agent"). Notices sent elsewhere may not reach the personnel who can act on them.
3.2 Contact Information. MineXHost's designation of the Designated Agent is on file with the U.S. Copyright Office's DMCA Designated Agent Directory (registration no. DMCA-1071905). The Designated Agent's contact information is as follows:
- Designated Agent: Designated Agent, MineXHost LLC
- Address: 502 W 7th St, Ste 100, Erie, PA 16502
- Telephone: (717) 934-7509
- Email: [email protected]
3.3 Subject Line. When sending a notice or counter-notification by email, include "DMCA Notice" or "DMCA Counter-Notification" in the subject line.
4. Response to a Notice
4.1 Removal or Disabling of Access. On receipt of a notice that we consider effective, we will expeditiously remove or disable access to the material it identifies. Depending on where the material is located, this may involve deleting or quarantining a file, stopping a Server, or suspending an account.
4.2 Notice to the Customer. We will then take reasonable steps to notify the affected customer that the material has been removed or disabled, to forward to the customer a copy of the notice (which contains the complainant's contact information), and to explain how the customer may submit a counter-notification under Section 5.
4.3 No Adjudication. We do not adjudicate the ownership of any work, and we do not provide legal advice to either party.
5. Counter-Notification
5.1 Submitting a Counter-Notification. If your material was removed or disabled and you believe that the removal or disabling was the result of a mistake, or that the material was misidentified, you may send a counter-notification to the Designated Agent identified in Section 3. Under 17 U.S.C. § 512(g)(3), a counter-notification must include substantially all of the following:
- Your physical or electronic signature.
- Identification of the material that was removed or disabled and the location at which it appeared before it was removed or disabled.
- 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.
- Your name, address, and telephone number.
- A statement that you consent to the jurisdiction of the U.S. federal district court for the judicial district in which your address is located or, if your address is outside the United States, of any judicial district in which MineXHost may be found, and that you will accept service of process from the person who submitted the original notice or from that person's agent.
5.2 Restoration of Material. If we receive an effective counter-notification, we will forward it to the complainant and inform the complainant that the material will be restored in 10 business days. Unless we first receive notice from the complainant that the complainant has filed a court action seeking to restrain the activity, we will restore the material not less than 10 and not more than 14 business days after we receive the counter-notification.
6. Repeat Infringers
6.1 Termination of Repeat Infringers. In appropriate circumstances, we will terminate the accounts of customers who are repeat infringers.
6.2 Criteria. A notice counts toward repeat-infringer status if we acted on it and it was neither withdrawn nor answered by an effective counter-notification. No fixed number of notices results in termination. In deciding whether to terminate an account, we consider the number of notices, the seriousness and deliberateness of the conduct, and whether the same material reappears after removal.
6.3 Other Remedies. Infringing content is also prohibited by the Acceptable Use Policy, and our rights under Section 9 of the Terms of Service apply in full, including immediate suspension where the circumstances warrant it.
7. Misrepresentation
7.1 Liability for Misrepresentation. Under 17 U.S.C. § 512(f), any person who knowingly and materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for the damages, costs, and attorneys' fees incurred by the alleged infringer, by any copyright owner or licensee, or by MineXHost.
7.2 Good Faith. Both a notice and a counter-notification are made under penalty of perjury. You may not send either unless you believe in good faith that the statements in it are true.