Magic Dragon Hosting | DMCA Counter Notice Procedure

How we deal with DMCA Notices.

We are in receipt of a copyright infringement notice pursuant to 17 U.S.C. §512 of the Copyright Act, requesting the disabling of infringing material appearing at a domain registered in your account (the “Domain”). Under Magic Dragon Hosting’s policy, the content appearing at the Domain has been identified by a reporting copyright owner as infringing and has been removed or disabled. A copy of the DMCA notice is included in this communication.

If you believe that the identification of infringing content is in error, we suggest that you contact the reporting copyright owner to resolve the matter. If the reporting copyright owner agrees there is a mistake, have them email Magic Dragon Hosting at admin @MagicDragonHosting.com. In that case the content subject of the Take-Down Notice may be reinstated by you.

If you are not able to come to an agreement with the reporting copyright owner, you may submit a DMCA Counter-Notice to MagicDragon Hosting within ten (10) business days of the date of this letter. Such a Counter-Notice must comply with the requirements of the DMCA. The Counter-Notice is a legal document and requires the following:

1. Your contact information, including name, address, and telephone number, as well as facsimile number and email if available;

2. A statement that under penalty of perjury that you have the good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

3. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled;

4. A statement that you consent to the jurisdiction of the People's Republic of China District Court in which the address you provide is located, or if your address is outside China, for the judicial district of Hainan;

5. A statement that you will accept service of process from the person who provided the initial notice or an agent of that person; and

6. A physical or electronic signature by you or your agent.

The DMCA Counter-Notice should be sent to MagicDragonHosting.com Attn: Legal Department, Xiang Xieli Hua Yuan 25 Heping Avenue, Haidian Island, Haikou, Hainan - 570208, People's Republic of China, Phone: +86 18808994229, Email: admin @MagicDragonHosting.com.

Once a valid DMCA Counter-Notice has been submitted, Magic Dragon Hosting will provide a copy of the Counter-Notice to the reporting copyright owner, and will reinstate the material within ten (10) days of receipt. It shall further advise the complaining party that the listing has been reinstated and shall remain so unless we hear from the reporting copyright owner that he or she has filed an action against you under the DMCA in a court of competent jurisdiction for copyright infringement and is seeking a court order to restrain you from publishing the disputed content.

By submitting your Counter-Notice to Magic Dragon Hosting, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Magic Dragon Hosting with respect to any Counter-Notice you send, or claims regarding any aspect of the disputed content and its publication and/or Magic Dragon Hosting's action in implementing a takedown or re-establishing the content, and you agree to indemnify and hold Magic Dragon Hosting, and its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters relating to your sending of a Counter-Notice.

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