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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 17877
Experience:  B.A.; M.B.A.; J.D.
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I got a problem witha hosting company in usa called

Customer Question

Hello,
I got a problem witha hosting company in usa called hostgator, they removed my server. because they got a DMCA complain. However the material I use is free under the Creative common license.
Submitted: 1 month ago.
Category: Legal
Expert:  Phillips Esq. replied 1 month ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 1 month ago.

I am sorry to read about your difficulties.

I have carefully reviewed your post. However, I did not see a specific question. What is your specific question?

Thank you for your cooperation,

Customer: replied 1 month ago.
Under It's the email between me and hostgator, They disabled my server causing me alot of pain and troubles .. I don't know what to do, this is why i contacted you.
Hello,We have received word from the complainant that the material has been re-enabled. As such, we have disabled the site again with restricted access to your IP address.If you believe that you are not infringing on another's copyright then you have have the right to file a counter notice.Under the Digital Millennium Copyright Act, you have the right to file a "counter-notice" claiming either (a) that the Claimant is wrong and that the Infringing Material is lawfully posted on the Web Site or (b) that the Infringing Material has been misidentified.The content must remain disable unless we do not receive word back from the complainant after accepting your counter notice.Best Regards,Son T.
HostGator LLCTicket History
Son T. (Staff) Posted On: 18 November 2016 02:14 PM
Hello,We have received a Digital Millennium Copyright Act ("DMCA") complaint involving domains under your control. Please note that Hostgator has only passed on the sufficiency of the Claimant's notice, per 17 U.S.C. Sec. 512, and has not sought to determine whether the Infringing Materials on the Web Site do indeed infringe upon the Claimant's intellectual property rights.Within a forty-eight (48) hour period, we will need you to remove, or disable access to, the material that is claimed to be infringing or we will have to disable this material to be in compliance with federal DMCA laws. A copy of the original DMCA notice is listed below our contact information.Under the Digital Millennium Copyright Act, your rights as a Respondent to this complaint include, but are not limited to, a possible counter-notification to us, per 17 U.S.C. Sec. 512(g)(3). We encourage you to review the federal statutory procedures for filing a counter-notification and seeking legal advice to see if taking such an action would be appropriate. We cannot provide individual legal advice, and do not analyze your particular website or activity for the legality of its content.You may send a counter-notification using postal mail or fax; email is not accepted.Our postal address is:HostGator.com LLC ATTN : Legal Department
5005 Mitchelldale, Suite #100
Houston, TX 77092Our Fax is:(###) ###-####
A copy of the original notice is pasted below:------First Name: LeviLast Name: Pihema-LindsayAddress: 4/11 Cross StreetCity: ChristchurchState: CanterburyZIP: 8011Country: New ZealandPhone Number: 0064275258549Company Name: 2Pro InternationalEmail:***@******.***Copyright Location: N/ACopyright Content: Site was created by myself for use by aShellz at ashellz.com. A disagreement caused a split, and they refuse to remove my content. They do not hold a license for the work, neither are they the copyright owners, as such, I request ALL assets (images, CSS, JS, HTML, etc) be removed immediately from Hostgator servers.Infringing URLs: http://ashellz.comI have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.Date: Friday, 4 NOV 2016Signature: Levi Pihema-Lindsay------Clarification of said content:All assets:http://ashellz.com/assets/css/main.css <http://ashellz.com/assets/css/main.css>;
http://ashellz.com/assets/css/ie9.css <http://ashellz.com/assets/css/ie9.css>;
http://ashellz.com/assets/css/ie8.css <http://ashellz.com/assets/css/ie8.css>;
http://ashellz.com/assets/js/ie/html5shiv.js <http://ashellz.com/assets/js/ie/html5shiv.js>;
http://ashellz.com/images/cpanel-logo.png <http://ashellz.com/images/cpanel-logo.png>;
http://ashellz.com/images/tux.png <http://ashellz.com/images/tux.png>;
http://ashellz.com/images/znc.png <http://ashellz.com/images/znc.png>;
http://ashellz.com/assets/js/jquery.min.js <http://ashellz.com/assets/js/jquery.min.js>;
http://ashellz.com/assets/js/jquery.scrollex.min.js <http://ashellz.com/assets/js/jquery.scrollex.min.js>;
http://ashellz.com/assets/js/jquery.scrolly.min.js <http://ashellz.com/assets/js/jquery.scrolly.min.js>;
http://ashellz.com/assets/js/skel.min.js <http://ashellz.com/assets/js/skel.min.js>;
http://ashellz.com/assets/js/util.js <http://ashellz.com/assets/js/util.js>;
http://ashellz.com/assets/js/main.js <http://ashellz.com/assets/js/main.js>;
http://ashellz.com/assets/js/ie/respond.min.js <http://ashellz.com/assets/js/ie/respond.min.js>;
http://ashellz.com/assets/css/font-awesome.min.css <http://ashellz.com/assets/css/font-awesome.min.css>;
http://ashellz.com/assets/css/images/intro.svg <http://ashellz.com/assets/css/images/intro.svg>;
http://ashellz.com/assets/fonts/FontAwesome.
Expert:  Phillips Esq. replied 1 month ago.

Thank you for the information.

You need to follow the directive given a by HostGator LLC and send your counter notice to the complainant, to the party claiming the copyright infringement.

Customer: replied 1 month ago.
The problem I don't have a fax and this will get me in trouble I don't know the laaw this is why i contacted you
Customer: replied 1 month ago.
https://html5up.net/license Here is the license for the template I used... The person who fills the complain against me has nothing to do with the template he just give a punsh of lies and hostgator listen to him
Customer: replied 1 month ago.
I got an box telling me this is not a legal advice... so why I paid the money?
Customer: replied 1 month ago.
Is this law place or just personal place?
Expert:  Phillips Esq. replied 1 month ago.

I am not sure what you are asking me to do this time. I have answered your question pursuant to terms of service. I cannot write the counter notice for you. What you are supposed to write is already included in the e-mail that you posted. You need to follow the instructions given on that e-mail to write your counter notice.

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