DMCA Policy

Copyright Protection & Legal Compliance

DMCA Policy

MonaCloud respects intellectual property rights and expects customers using our VPS hosting and digital infrastructure services to do the same. This DMCA Policy explains how copyright owners can report alleged infringement, how notices may be reviewed, and how affected customers can respond to a copyright complaint.

1. Purpose and Scope

This DMCA Policy applies to reports of alleged copyright infringement associated with services operated or provided by MonaCloud, including VPS hosting and related digital infrastructure services.

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that includes procedures for certain online copyright infringement notices and counter-notifications. The availability and application of these procedures depend on the circumstances, the relevant law, and the role of the service provider.

MonaCloud may review copyright complaints involving content or activity associated with its infrastructure. This policy does not mean that every complaint automatically establishes infringement or that every provision of United States law applies to every customer or transaction.

This policy should be read together with our Terms of Service, Acceptable Use Policy, Privacy Policy, and Refund Policy.

3. How to Submit a DMCA Takedown Notice

A copyright owner or an authorized representative who believes that material associated with a MonaCloud service infringes copyright may submit a notice through our Contact page.

To help us assess the report, include the following information where applicable and legally required:

  1. Identification of the copyrighted work: Describe the work allegedly infringed or, where multiple works are involved, provide a representative list.
  2. Identification of the material: Provide the specific URL, IP address, domain, page, file path, or other information reasonably sufficient to locate the allegedly infringing material.
  3. Contact information: Provide sufficient information to allow communication about the complaint, such as a name and an appropriate contact method.
  4. Good-faith statement: Include the applicable statement that the use of the material is not authorized by the copyright owner, its agent, or the law.
  5. Accuracy and authority statement: Where required for a DMCA notice, state under penalty of perjury that the information in the notice is accurate and that the submitting person is the copyright owner or authorized to act on the owner's behalf.
  6. Signature: Include a physical or electronic signature of the copyright owner or authorized representative, where required.
Please provide enough detail to identify the exact material at issue. Broad allegations without specific URLs or other usable identifiers may require clarification before they can be reviewed.

Submitting a report through the Contact page does not guarantee immediate removal, suspension, or a particular outcome. MonaCloud will assess the information provided and determine appropriate next steps under applicable law and its service policies.

4. DMCA Notice Review Process

When MonaCloud receives a copyright complaint, we may review the notice to determine whether it contains sufficient information, whether the reported material can be associated with our services, and what action may be appropriate.

The review process may include:

  • Checking whether the report identifies the allegedly protected work and material at issue.
  • Requesting additional information where the notice is incomplete or unclear.
  • Assessing whether the reported service or infrastructure is associated with MonaCloud.
  • Forwarding the complaint or relevant details to the affected customer where appropriate and legally permitted.
  • Taking reasonable action consistent with applicable law, the nature of the complaint, and our Terms of Service.

Review times may vary depending on the completeness of the notice, the complexity of the matter, the need for further information, and any applicable legal deadlines. MonaCloud does not promise a fixed response time unless a specific legal obligation or written commitment applies.

We may decline to act on notices that are insufficient, clearly unrelated to services we provide, or otherwise unsuitable for action, subject to applicable legal requirements.

5. Potential Enforcement Actions

Depending on the circumstances, the evidence available, the applicable law, and the relevant service terms, MonaCloud may take measures such as:

  • Requesting additional details or clarification from the reporting party.
  • Notifying the affected customer of the complaint where appropriate.
  • Requesting that the customer investigate or address the reported material.
  • Restricting access to specific material or a service where legally appropriate and technically feasible.
  • Suspending or terminating a service in accordance with applicable terms and law.
  • Preserving or disclosing relevant information where required or permitted by applicable law.

The appropriate action depends on the facts of the case. A complaint does not automatically result in removal of an entire VPS, website, or customer account.

Where MonaCloud acts on a report, the action may be limited to the material or service reasonably connected to the alleged infringement. We may consider the urgency of the issue, the reliability of the notice, repeat complaints, and the technical feasibility of a narrower response.

6. Counter-Notifications and Disputed Claims

A customer who believes that material was removed or disabled as a result of a mistake or misidentification may submit a response through our Contact page.

Where the formal DMCA counter-notification process applies, a legally sufficient counter-notification generally needs to include the information required by applicable law, which may include:

  • Identification of the material that was removed or disabled and its previous location.
  • A statement under penalty of perjury that the customer has a good-faith belief the material was removed or disabled as a result of mistake or misidentification.
  • The customer's name and contact details required by law.
  • Consent to the jurisdiction of the appropriate United States federal district court, where required by the applicable statutory procedure, and agreement to accept service of process from the original complainant or their authorized representative.
  • A physical or electronic signature, where required.

The exact requirements depend on the circumstances and the statutory process being invoked. Customers should obtain independent legal advice if they are unsure about the legal consequences of submitting a counter-notification.

If MonaCloud receives a counter-notification that satisfies applicable requirements, we may process it according to the relevant legal procedure. Restoration of material is not automatic and may depend on statutory conditions, notices, deadlines, court proceedings, and other legal requirements.

7. Repeat Copyright Infringement

MonaCloud does not permit the repeated use of its services for unlawful copyright infringement. We may consider a customer's history of substantiated complaints when deciding how to respond to further reports.

Where appropriate and permitted by law, repeated infringement may result in warnings, restrictions, suspension, or termination of services in accordance with our Terms of Service and Acceptable Use Policy.

Any enforcement decision will depend on the available information, the circumstances of the reported conduct, applicable legal obligations, and the relevant contractual terms.

8. False, Misleading, or Abusive Notices

Copyright notices should be accurate, submitted in good faith, and limited to material that the reporting party reasonably believes infringes protected rights.

Knowingly submitting materially false statements, misrepresenting ownership or authorization, or using copyright procedures to harass others may create legal liability under applicable law.

MonaCloud may request clarification, decline to act on an inadequate complaint, or take other appropriate steps where a report appears abusive or materially unreliable, subject to its legal obligations.

Customers should also avoid using counter-notifications or other dispute procedures to make statements they know are false or misleading.

9. Customer Responsibilities for Hosted Content

Customers using MonaCloud VPS hosting are responsible for the content, applications, websites, files, and services they operate, subject to applicable law and the terms of their service.

Customers should:

  • Use copyrighted materials only when authorized or otherwise legally permitted.
  • Maintain appropriate licenses and records for third-party content where necessary.
  • Respond promptly and accurately to legitimate notices related to their services.
  • Investigate reported material and take appropriate corrective action where infringement is established.
  • Secure their VPS and applications against unauthorized access or misuse.
  • Comply with applicable intellectual property laws and MonaCloud's service policies.

MonaCloud provides infrastructure services and does not automatically review every file, application, website, or item of content hosted by customers. This does not limit any obligations that may apply to MonaCloud under applicable law.

10. Privacy and Handling of Complaint Information

Information submitted in a copyright notice or counter-notification may be used to assess the complaint, communicate with relevant parties, enforce service terms, protect legal rights, and comply with applicable law.

Where appropriate and legally permitted, relevant portions of a notice or response may be shared with the affected customer, the reporting party, service providers, legal advisers, or authorities as necessary to handle the matter.

Do not include unrelated sensitive personal information in a copyright complaint. Information will be handled in accordance with applicable requirements and our Privacy Policy.

11. Other Legal and Abuse Reports

This policy focuses on copyright complaints and DMCA-related procedures. Reports concerning trademark disputes, phishing, malware, network abuse, fraud, unlawful content, or other legal issues may require a different review process.

For general prohibited activity and infrastructure misuse, please review our Acceptable Use Policy. MonaCloud may evaluate other complaints under the applicable service terms and relevant law.

Submitting a report does not guarantee that MonaCloud will take a particular action. We may need additional details to determine whether a complaint concerns infrastructure or services within our control.

12. Changes to This DMCA Policy

MonaCloud may update this DMCA Policy to reflect changes in our services, copyright procedures, operational practices, or applicable legal requirements.

When an update is published, the date at the top of this page will be revised. Customers and reporting parties should review the current version before submitting a notice or response.

Nothing in this policy is intended to waive rights or obligations that cannot lawfully be waived or limited.

Need to Report a Copyright Concern?

Use our contact page to submit a copyright complaint, provide additional information about an existing report, or ask how to raise a concern involving services provided by MonaCloud.

Contact Support