Last Updated: January 1, 2023
InMotion Hosting, Inc. (“Company”) reserves the right to determine, in its sole discretion, the validity of any claim.
Company’s products, services, websites, applications and/or tools permit customers to host and make content available over the Internet. Although Company does not affirmatively screen any customer content, and does not tolerate infringing material on its equipment, it may, in its sole discretion and without any legal obligation to do so remove the content, and/or limit access to the content that may infringe upon the rights of a third party.
Before Company can take any action regarding an alleged trademark infringement claim, a proper notice of claimed infringement which contains the following information must be provided regarding to the alleged infringement:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the validly issued registered trademark or service mark (“Mark”) (i.e., merging a scanned handwritten signature into the electronic text or using public-key encryption technology);
- Evidence that the party posting the Mark is our customer.
- The Mark, including serial number or other registration number.
- The name, address and telephone number of the owner of the Mark.
- The goods and/or services covered by or offered under the Mark.
- The date of first use of the Mark.
- The date of first use in interstate commerce of the Mark.
- The basis for a claim that there exists an infringement of the Mark.
- The precise location of the Mark on or in our customer’s material (i.e., URL, electronic mail address, or other location).
- A good faith certification, signed under penalty of perjury, stating:
- The name of the complaining party or its authorized representative;
- The Mark infringes upon the rights of the owner of the Mark;
- The Mark being infringed; and
- That use of the Mark claimed to be infringing at issue is not defensible.
Please note that perjury is deliberately giving false testimony; the act or crime of knowingly making a false statement (as about a material matter) while under oath or bound by an affirmation or other officially prescribed declaration that what one says, writes, or claims is true.
Each complaining party must submit a separate claim for each claim of infringement. Please provide all of the requested information, signed under penalty of perjury. Company cannot and will not act on this matter until all of the requested information is provided.
Please be advised that any complaint submitted may be forwarded to third parties, including the customer related to the complaint, for purposes of validating its contents.
A complainant may provide the above required information via email to [email protected] or may complete the online form below. Submissions via the online form typically result in quicker response times.
Trademark Notice Form
If you would prefer not to use the automated form, you can send your request to Company at the following address:
InMotion Hosting, Inc.
Attn: Legal Department (Trademark Infringement)
555 S. Independence Blvd.
Virginia Beach, VA 23542