NOTICE & TAKEDOWN POLICY
1. Introduction and Scope
1.1 Purpose
This Notice & Takedown Policy outlines the procedures for submitting and
processing notices regarding unlawful content on our hosting services, including
but not limited to copyright infringement claims. We are committed to
complying with both the Digital Services Act (DSA) (Regulation (EU) 2022/2065),
the Digital Millennium Copyright Act (DMCA) in the United States,
and relevant EU copyright legislation,
as well as applicable laws in Hong Kong (including the Hong Kong Copyright Ordinance
and other relevant regulations).
1.2 Hosting Provider Status
We operate solely as a hosting provider, not as an “online platform” under the DSA.
While certain obligations in the DSA apply specifically to online platforms,
we nevertheless adhere to the general DSA requirements for hosting service providers
to ensure a lawful and secure environment.
1.3 Scope of This Policy
This Policy applies to any content hosted by us that is alleged to be:
• In violation of applicable law (e.g., child sexual abuse material, terrorist
propaganda, hate speech, or other content deemed illegal under local or
international regulations).
• Infringing intellectual property rights, including copyrights (addressed
specifically in Section 4 for DMCA-related complaints).
• Otherwise in breach of our internal Acceptable Use Policy.
2. Notice Procedure
2.1 How to Submit a Notice
If you believe content hosted on our servers is unlawful or infringes your rights,
please submit a written notice to the following contact:
Email: abuse@thehosting.io
Postal Address:
Proactivity Group Limited (Legal Department)
6/F, Block 3, Nan Fung Industrial City, 18 Tin Hau Road, Hong Kong
2.2 Required Information
To help us investigate efficiently, please include:
• Description of the Alleged Violation
Explain why the content is unlawful or why it infringes your rights.
If it is a copyright matter, identify the protected work
and describe how it has been infringed.
• Location of the Content
Provide specific URLs, IP addresses, or other identifying information that
will allow us to locate the content in question.
• Legal Basis or Justification
If available, cite the applicable law or provide a clear rationale as to why
the content is unlawful or infringing.
• Your Contact Details
Name (or organization name), address, email address, and phone number (if available).
For legal entities, please include your position/title and official company details.
• Good Faith Statement
A brief statement affirming that the information provided is accurate to the
best of your knowledge and that you have a good faith belief the content
is illegal or infringing.
2.3 Acknowledgment of Receipt
We will acknowledge receipt of your notice within 24–48 business hours.
If you do not receive confirmation within that timeframe,
please follow up to ensure we have received your submission.
3. Review and Action (Takedown or Otherwise)
3.1 Preliminary Assessment
Upon receiving a notice, we:
• Log it in our internal tracking system.
• Examine whether the notice contains sufficient detail to proceed.
• Evaluate whether the alleged content appears unlawful or infringing,
based on the information provided.
3.2 Notifying the User
Where warranted by law and practicality, we will notify the user responsible for
the content about the notice (unless disclosure is legally prohibited).
The user may receive a summary of the claims, including relevant details
to identify the alleged violation.
3.3 Decision and Notice to Both Parties
• Removal or Restriction: If we determine that the content is unlawful or
violates our policy, we may remove it or disable access.
• Retention: If we conclude the claim is unsubstantiated, the content remains accessible.
We will provide a reasoned decision (brief rationale) to both the complainant and,
where applicable, the user who posted the content, within a reasonable timeframe.
3.4 Timeframe
We aim to conclude most investigations and notify both parties of our decision
generally within 10 business days, though more complex cases may take longer.
In such complex situations, we will inform you of the delay and estimated timeline.
4. Copyright Infringement / DMCA Procedure
If you are submitting a copyright infringement claim (including DMCA notices
for U.S. copyright concerns), please ensure your complaint includes:
• Signature
A physical or electronic signature of the copyright owner or an
authorized representative.
• Identification of the Copyrighted Work
A description of the copyrighted work that is claimed to have been infringed,
including the URL of the authorized material if available.
• Identification of the Infringing Material
A URL or similar identifying information specifying where the infringing
material is located on our service.
• Good Faith Statement
A statement that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law.
• Accuracy Statement
A statement, under penalty of perjury, that the information in the notice
is accurate and that you are the copyright owner or
authorized to act on the copyright owner’s behalf.
4.1 Counter-Notification Procedure
• If you believe your content was removed or disabled by mistake or misidentification,
you may submit a counter-notification to our Designated Agent (same contact
as Section 2.1).
• Include the details of the removed content, your contact information, and a statement,
under penalty of perjury, that you have a good faith belief the material
was removed due to an error.
• Where the DMCA applies, you must also include a statement consenting to the
jurisdiction of the appropriate court and your agreement to accept service of process
from the party who filed the original notice or their agent.
5. Appeal and Further Steps
5.1 Appeal Mechanism
Users whose content is removed or restricted may reach out to us again
(using the same contact information above), providing a reasoned objection
or a counter-notification (particularly in copyright matters).
We will review the request in a timely manner.
5.2 Other Dispute Resolution
Depending on applicable laws, parties may also seek resolution through the courts,
relevant regulatory bodies, or alternative dispute resolution procedures.
As a hosting provider, we do not offer a formal internal complaint-handling system
mandated for online platforms under the DSA, but we voluntarily review all notices
and counter-notices in good faith.
6. Transparency and Record-Keeping
6.1 Internal Record
We maintain internal logs of received notices and the actions taken.
This helps us track the effectiveness of our moderation efforts
and detect potential abuse of the notice system.
6.2 Reporting
If applicable to us under the DSA or other laws, we will publish periodic
transparency reports summarizing the number and types of notices received,
average response times, and outcomes.
7. Privacy and Data Protection
7.1 Data Protection
All personal information in notices or counter-notices is handled in accordance
with applicable data protection laws. We only share relevant information with
involved parties or as legally required.
7.2 Potential Disclosure
We may be obliged to disclose certain information to competent authorities
if required by law (for example, under a court order or other valid legal process).
This may include authorities in Hong Kong, the EU, or other jurisdictions,
depending on the case.
8. Liability and Warning Against Abuse
8.1 False or Misleading Notices
Any individual or entity that knowingly files a false claim, counter-notice,
or otherwise misrepresents material facts may be subject to liability for damages
(including costs and attorneys’ fees).
8.2 Error Correction
If you discover that your notice or counter-notice contains inaccuracies
or omissions, please contact us promptly to correct the record.
9. Contact Information
For any queries regarding this Policy or assistance in filing a notice
or counter-notice, please contact:
Email: abuse@thehosting.io
Postal Address:
Proactivity Group Limited (Legal Department)
6/F, Block 3, Nan Fung Industrial City, 18 Tin Hau Road, Hong Kong
Conclusion
We appreciate your cooperation in helping us maintain a lawful and secure hosting environment. By explicitly aligning with the DSA and DMCA (and other relevant laws, including those of Hong Kong), this Policy helps safeguard rights holders while also protecting legitimate user interests. Thank you for your diligence and cooperation.