Notice and Takedown

 

Below you will find the procedure for filing complaints, reports or requests regarding alleged unlawful information on the Internet, from customers of Greenhost.  To start the procedure, please fill in this form. You can find the notice and take down regulations here:

Article 1 Notification

1.1 A notice is made by using the form that can be accessed through the website of Greenhost. This form needs to be completed and signed by the informant and send by mail to Greenhost.
1.2. Greenhost will in all cases where a notice is made that meets the requirements of the procedure, inform the customer when the notice has been received, taking into account the content of the notice. The communication will take place through an email to the email address provided by the client. The informant will remain anonymous unless the reporter explicitly indicates that his identity must be known to the customer. When the informant and the client cannot resolve the issue in an amicable manner,  the message will be processed accordingly. In urgent cases, this step can be skipped.
1.3. Messages will have to meet the following requirements:
The informant indemnifies Greenhost for any claims third parties might make which might arise from any adjudication and / or dismissal, to meet the requests included in the report;
If the notice concerns an alleged infringement of an IP right (for example copyright or trademark) the informant has to demonstrate in a sufficient manner that he / she is entitled, in respect to the applicable law on which a call is made, to claim ownership or has been authorized by the rightful claimant;
The message is clear and supported by sufficient facts;
1.4. Messages will be considered only if they meet the requirements of this regulation. If a report does not meet the requirements, the informant is given the opportunity by Greenhost to modify the message or clarify. If the message afterwards still does not meet the requirements of this article, the notice is inadmissible.

Article 2 Decisions

2.1. Greenhost will decide within five working days if the notice is rightful, unless this is unreasonable within . In that case, Greenhost will notify the complainant of the reason for the delay and the time within which it expectes to assess the report, as soon as possible.
2.2. In the case of a report, which in the opinion of Greenhost, refers to manifestly unlawful content, which under the prevailing law needs to be immediately removed from the Internet, the decision will be made promptly and also immediately made known to both the reporter as the customer.
2.3. Greenhost will judge in accordance to these regulations if the notice follows the rules.
2.4. Greenhost motivates the decisions and will report the informant and the customer how they may object to the decision.

Article 3 Objection

3.1 Interested parties may object to a decision. The objection must be submitted by e-mail to Greenhost, at the latest ten days after the decision sent by Greenhost was received.
3.2 Within two working days of receipt of the objection, Greenhost will send a copy of the objection by e-mail to the other, non-objecting party.
3.3 The reasons for the objection will be motivated in this writing.
3.4 Greenhost will decide on the objection, within ten working days of receipt of the objection.

Article 4 Criteria for assessing the notice

4.1 The notice shall be assessed in accordance with Dutch law and will, wherever possible, be based on recent legal examples of the particular case.
4.2 Messages that are submitted for assessment must directly relate to the alleged illegal information of the customer of Greenhost. Reports that only relate to morality, decency or other pertained behaviors are not considered.
4.3 The notice can contain the following requests:
– Information of a customer should deleted or made inaccessible;
– Name and address of a customer must be provided to the informant
– Or a combination of these two variants

Article 5 Requests to make information inaccessible or deletion

5.1 In case we receive a request from a customer, with whom Greenhost has a hosting agreement, for removal of information or making information inaccessible,  Greenhost will review the request as follows:

– If the relevant information, in the opinion of Greenhost, is manifestly unlawful, an urgent appeal is sent to the customer to remove the offending information;

– If the customer does not abide to this request immediately, the offending information will be made inaccessible or removed, unless the customer has sufficiently demonstrated that there is no unlawful information. In that case Greenhost decides if the information will be made inaccessible or removed;

– Greenhost will ensure that only the illegal information will be removed;

– If the relevant information, in the opinion of Greenhost, is not deemed manifestly unlawful, the request will be rejected;

5.2 If  a customer with whom Greenhost has a conduit agreement, requests the removal of information or disabling the access to content, the request shall be assessed as follows:

– If, in the opinion of Greenhost, the relevant information is deemed manifestly unlawful, an urgent appeal is sent to the customer to remove the offending information.

– If the customer does not respond to the request immediately, the offending information will be made inaccessible or removed or , in case the customer has sufficiently demonstrated that there is no unlawful information, Greenhost decides that the information should be made inaccessible or removed immediately;

– Greenhost is only obliged to do so if it is technically possible for Greenhost to make the offending information inaccessible, without  interrupting or disrupting other services;

– If it is not technically possible to block access to the offending information (without disruption of the other services), Greenhost will let the informant know that they can also request the name and address details of the customer himself, so the informant can enforce action on his own account by legally requesting to make the offending content inaccessible;

– If, in the opinion of Greenhost, the relevant information is not manifestly unlawful, the request will be rejected.

5.3 If the request referred to in the second paragraph of this article relates to the allegedly unlawful manner by offering files through P2P software, the application should be supported with prove, that a significant amount of the allegedly illegal files, were distributed for an extended period of time.

Article 6 Requests for disclosure of names and addresses

6.1. If a message contains the request for the name and address of a customer with whom Greenhost has a hosting agreement or a conduit agreement,  the request of the informant is only granted if, in the opinion of Greenhost, all of the following conditions are met:

– The informant has to sent an urgent request to the customer, via Greenhost, to request his / her name and address details voluntary, and the customer should provide these details within five business days thereafter or make it plausible that there is no wrongful information provided by the customer which allegedly is be distributed over the Internet;

– The informant himself has not acted unlawfully towards the customer to gather the data which serves to identify the customer;

– It is plausible that the acquirement of the relevant information or the conduct itself was illegal and /or harmful;

– The informant made clear that the acquirement of the names and addresses is essential;

– It is likely that no other form of intervening is possible to acquire the names and addresses;

– The interests of the informant, Greenhost and the customer should point out that the significance of the request of the informant must prevail;

– It is beyond reasonable doubt that the data requested by the informant is directly related to the customer.

6.2. If an objection is lodged against a decision to provide the name and address name and address will not be provided until the decision on the objection.

Article 7 Communication between Greenhost and its customer

7.1. All communications between Greenhost and the client will be done via e-mail, unless otherwise stated in the regulations.

Article 8 Opinion

8.1. Greenhost may ask advice from external consultants, either legal or technical experts, that are not connected to Greenhost, for inspection and analysis. Portions of this document are taken from the policy and complaint procedure of internet provider XS4ALL. This work is made under a Creative Commons License http://creativecommons.org/licenses/by/3.0/nl