DSA AND DMCA POLICY

HOSTEAZA S.R.L. (“weGOTservers”), with its registered office at Strada Secundară No. 187, 217519, Sipotu, Gorj County, Romania, registered with the Trade Register under No. J2023000138182, CUI 47595860, provides hosting services within the meaning of Regulation (EU) 2022/2065 on digital services (“DSA”).

This policy explains how you can report illegal content hosted on our Services, what we do after receiving a notice, and how a decision may be appealed. It applies to all types of illegal content, including copyright infringements. Since some of our Services are provided from data centers located in the United States, we also accept, on a complementary basis, notices prepared in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), under the conditions set out in Sections 7 and 8.

This Policy supplements Section 9 of the weGOTservers Terms and Conditions and the Acceptable Use Policy.

The address [email protected] is the single point of contact of weGOTservers, within the meaning of Articles 11 and 12 of the DSA, both for the authorities of the Member States, the European Commission and the European Board for Digital Services, as well as for our clients and any other person. The languages of communication are Romanian and English.

You may also contact us through the “Report Abuse” form on the Site, by ticket in the client portal, by telephone or WhatsApp at (+40) 725 903 503, or by post at our registered office address. Upon request, we will put you in contact with a member of our team, not with an automated system.

Any person or organization, whether or not a weGOTservers client, may report information stored on our Services that they consider illegal or contrary to the Terms and Conditions. Use the “Report Abuse” form, which does not require a client account, or write to us at [email protected]. In order for us to act quickly, the notice must include:

1. The reasons why you consider the information to be illegal, including, if you know it, the legal provision that has been infringed;
2. The exact address of the content, meaning the full URL or another precise location, not merely the domain name;
3. Your name and an email address at which we can reply to you;
4. A statement that you are convinced, in good faith, that the information in the notice is accurate and complete.

If you report material containing child sexual abuse, you are not required to identify yourself. Please do not attach such material, but only provide the address where it is located.

We acknowledge receipt of the notice without delay. The notice is reviewed by a person from our team, without undue delay, diligently, objectively and in a non-arbitrary manner, taking into account the nature of the reported content, the seriousness of the potential infringement and the urgency of the situation. Notices indicating risks to the life or safety of persons, child sexual abuse material or terrorist content are treated as a priority. If the notice is incomplete, we will ask you to complete it.

weGOTservers is a hosting provider, so in most cases the content was published by our client. When the information is illegal, we ask the client to remove it within a specified period or, if the situation requires it, we remove the content ourselves or disable access to it. In serious or repeated cases, we may limit, suspend or terminate the Service in accordance with Section 34 of the Terms and Conditions. We choose the least intrusive measure that removes the illegality, taking into account the fundamental rights of the persons involved, including freedom of expression and information.

We inform you of the decision taken and of the available means of redress.

The Client whose content or Service is restricted receives, no later than the date on which the measure is applied, a clear and specific statement of reasons. It indicates the measure and its duration, the facts taken into account, whether the measure was taken following a notice or on our own initiative, whether automated means were used, the legal basis or contractual provision infringed, and the available means of appeal. The identifying information of the notifier is not disclosed to the Client, except where this is strictly necessary, for example in a copyright dispute. The statement of reasons is not provided in cases where the law does not require it, in particular where the measure is ordered by a judicial or administrative authority or where the Client’s electronic contact details are not known to us.

weGOTservers voluntarily provides an internal appeal mechanism. Both the notifier and the affected Client may appeal the decision within 6 months of its communication, at [email protected] or by ticket in the client portal. The appeal is reviewed by a person other than the person who made the initial decision, and the response is communicated within no more than 10 business days.

Independently of the appeal, any person may lodge a complaint with the National Authority for Management and Regulation in Communications (ANCOM), in its capacity as the Digital Services Coordinator in Romania, and may bring the matter before the competent courts.

If you are a copyright owner, are authorized to act on behalf of one, or are authorized to act in respect of an exclusive right provided by law, you may submit a notice in accordance with the procedure in Section 3 or a DMCA notice. The DMCA notice (“DMCA Notice of Alleged Infringement”) must include:

1. Identification of the copyrighted work claimed to have been infringed or, if the notice concerns several works, a representative list of them;
2. Identification of the material or link that is the subject of the infringement and that must be removed or to which access must be disabled, including the URL or exact location on the platform;
3. Your contact details, namely your full name, company (if applicable), postal address, telephone number and email address;
4. The statement: “I declare under my own responsibility that I have a good-faith belief that the disputed use of the protected material is not authorized by the copyright owner, its agent or the law (e.g. fair use).”;
5. The statement: “I declare that the information in this Notice is accurate and, under penalty of perjury, that I am the copyright owner or am authorized to act on their behalf.”;
6. Your full name and signature, electronic or handwritten.

After receiving a valid notice, weGOTservers may remove or disable access to the reported content, may suspend or close the accounts of users who repeatedly infringe copyright, and notifies the affected user, who is given the opportunity to submit a counter-notice.

If you believe that the material was removed or restricted by mistake or that you have the legal right to use it, you may appeal the decision in accordance with Section 6. For material removed following a DMCA notice, you may also submit a written counter-notice to [email protected], which must include:

1. Your signature, handwritten or electronic;
2. Identification of the material that was removed or to which access was disabled and the location at which it appeared before removal;
3. A statement, under penalty of perjury, that you are convinced, in good faith, that the material was removed or disabled as a result of an error or misidentification;
4. Your name, address and telephone number, together with a statement that you consent to the jurisdiction of the U.S. federal court for the district in which your address is located or, if your address is outside the United States, of any competent court in which weGOTservers may be sued, and that you will accept service of process from the person who submitted the original notice or from their representative.

The complete counter-notice is forwarded without delay to the original complainant, together with notice that the material may be restored. Where the conditions set out in 17 U.S.C. § 512(g) are met, the material may be restored within 10 to 14 business days after receipt of the counter-notice, unless the complainant informs us during that interval that they have filed a court action to prevent the disputed activity.

Repeat infringements. The accounts of users who repeatedly infringe copyright may be suspended or terminated in accordance with the Terms and Conditions.

Abusive notices. Manifestly unfounded notices repeatedly submitted by the same person may be treated with lower priority after a prior warning. Submitting a false notice with the intention of harming a third party may result in liability for its author.

We comply with orders issued by competent judicial and administrative authorities regarding illegal content and the provision of information, in compliance with data protection legislation. If we become aware of information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of persons has been committed, is being committed or is likely to be committed, we immediately inform the competent law-enforcement authorities in accordance with Article 18 of the DSA.

If there is an imminent danger to a person’s life or safety, call 112 first.

DSA Single Point of Contact and Contact for DMCA Notices