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> Terms of Service Updated, new intellectual rights processing fee
andy
Posted: Mar 23 2009, 02:18 PM
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Group: Advantagecom Staff
Posts: 4,297
Member No.: 9
Joined: 12-July 02



The current legal climate online has become increasingly hostile towards intellectual rights infringement. In particular DMCA notices have become substantially more frequent. Every DMCA notice requires substantial staff time to process correctly and requires administrative review. Additionally, it must be handled at the highest priority and supercedes any other work that may be pending.

When requests were infrequent, DMCA notices were primarily a nuisance and could generally be handled without too much interruption of other work more relevant to our core business. As that frequency has increased, it has been more likely to take us away from work that is time sensitive and core to our business.

We have implemented a processing fee that applies to all intellectual rights infringement incidents. These include, but are not limited to, DMCA notices, patent infringement, trademark infringement, libel, defamation, and etc.

The fee is $100.00 per incident. It helps defray our costs and serves as an additional deterrent for those that would otherwise be inclined to create or allow such incidents.

Section 8 of the terms of service has been updated from:
QUOTE
Client hereby agrees to pay any and all legal and administrative costs Provider incurs associated with receiving, defending against, and/or enforcing any legal action or complaint, formal or informal, which involves alleged or actual infringement by Client upon rights of any person or entity.  This includes, but is not limited to, notices of DMCA copyright infringement, patent infringement, trademark infringement, intellectual property rights infringement, libel, harassment, and harmful content.


to:

QUOTE
Client hereby agrees to pay any and all legal and administrative costs Provider incurs associated with receiving, defending against, and/or enforcing any legal action or complaint, formal or informal, which involves alleged or actual infringement by Client upon rights of any person or entity.  This includes, but is not limited to, notices of DMCA copyright infringement, patent infringement, trademark infringement, intellectual property rights infringement, libel, harassment, and harmful content. Each incident is subject to a $100.00 processing fee to be paid by Client. Refusal of Client to pay the processing fee is grounds for Provider to terminate Client's service(s) and begin collection action.


We added:
QUOTE
Each incident is subject to a $100.00 processing fee to be paid by Client. Refusal of Client to pay the processing fee is grounds for Provider to terminate Client's service(s) and begin collection action.


Temporarily, we are allowing one waived fee per client, at our discretion. This will allow clients an opportunity to adjust to the new policy as needed.

The information posted on this forum thread is subject to change at a later date. For the complete and most current copy of the terms of service, please see:
http://www.simplywebhosting.com/termsofservice.shtml


--------------------
Sincerely,
Andrew Kinney
CTO, Advantagecom Networks

Please do not private message me. My regular management duties preclude responding to every customer that sends me a support issue. Instead, post on the forum or contact tech support.
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