Customers of Liquid Web or one or more of its family of brands including Nexcess and iThemes are required to respect the legal protection provided by trademark law. Trademark complaints are outside the scope of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3) notice and takedown process, however, if you are a trademark owner and, in good faith, believe that a customer receiving web hosting services from Liquid Web is infringing upon your trademark, there are a couple of ways to address your trademark complaint:
1. Domain Name. If your complaint relates to a domain name that contains your trademark, you may file a claim with the Uniform Domain Name Dispute Resolution Policy (“UDRP”) or, where available, the Uniform Rapid Suspension System (“URS”) for resolution. The UDRP is established by the Internet Corporation for Assigned Names and Numbers (ICANN) for the resolution of disputes regarding the registration of internet domain names.
2. Trademark Owner. If your trademark complaint is not related to a domain name, you may submit a notice of a trademark infringement to Liquid Web at email@example.com. To be considered effective, your notification must include the following information:
• Identification of the trademark claimed to have been infringed.
• The trademark registration number and the geographical area where your trademark applies.
• The trademark owner’s name, mailing address, telephone number and e-mail address.
• The category of goods and/or services covered by or offered under the mark.
• The date of first use, and the date of first use in internet commerce of the trademark.
• A link to the mark that you claim to be infringing.
• The precise location of the trademark, including website, email address, etc., and a description of how the content is infringing upon your trademark.
• Sufficient detail that the owner of the website with the alleged infringing mark is a Liquid Web customer.
Upon receipt of notification of claimed trademark infringement, Liquid Web will notify the customer. If we determine that you are the trademark holder or the authorized representative (e.g., a legal representative or other representative) for a brand, or that you raised a legitimate trademark claim, Liquid Web may disable access to the infringing material. In other cases, and after notifying the customer, Liquid Web will not take further action without a U.S. court order, a UDRP ruling, or a URS ruling.
Under appropriate circumstances, Liquid Web may, in its discretion, terminate the accounts of customers who are repeat infringers.