Intellectual Property Protection Policy

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Come into force from 01.01.2020

The Policy of consideration of applications for termination of intellectual property rights violations

The Policy of consideration of applications for termination of intellectual property rights violations (hereinafter the Policy) defines the procedure and basic principles for considering applications for termination of intellectual property rights violations using the Internet when using Tucha Virtual infrastructure services (Sections No. 01-13 of this Policy).

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Section No. 01 Terms and definitions

Hosting Service Provider:

Limited Liability Company "Khmara" is registered in Ukraine, EDPNOU code 39481519, email address: support@tucha.ua; phone: +380 44 583-5-583;

Limited Liability Company "Uptime" is registered in Ukraine, EDPNOU code 37038333, email address: support@tucha.ua; phone: +380 44 583-5-583

Sole Proprietorship Melnyk Volodymyr Mykolaiovych is registered in Ukraine, email address: support@tucha.ua; phone: +380 44 583-5-583;

Sole Proprietorship Sukhobok Kateryna Volodymyrivna is registered in Ukraine, email address: support@tucha.ua; phone: +380 44 583-5-583.

Hosting services:

Provision of the resources for hosting websites or parts of them on the Internet and provision of access to them via the Internet, - Tucha Virtual infrastructure services (TuchaHosting) and Tucha Virtual infrastructure (TuchaHost), other services.

Website:

A set of data, electronic (digital) information, other items of intellectual property rights, etc., related and structured within the address of the website and/or the account of the owner of this website, which is accessed via the Internet address, which may consist of a domain name, directory entries or calls and/or a numeric address using the Internet Protocol.
Webpage:

An integral part of a website that may contain data, electronic (digital) information, other items of intellectual property rights, etc.

Website Owner:

A person who is the owner of the account and sets the terms and conditions of using the website. In the absence of proof to the contrary, the website owner is considered to be the registrant of the corresponding domain name used to access the website, and/or the recipient of the hosting services.

Webpage Owner: 

A person who is the owner of the account used to host a web page on the website and who manages and/or places electronic (digital) information on such a web page. The website owner is not the owner of the web page if the latter owns an account that allows them to post and manage information on the web page independently of the website owner. 

Account:

An entry formalized according to the Internet standards on computer equipment (computers, servers) connected to the Internet, identifying the user (for example, the website owner) on such equipment, includes data about access to part of the catalogs and software of computer equipment, and defines the rights of such access that enable the account owner to add, delete, modify electronic (digital) information and data of the website, to grant access to the website or its parts, individual data to others, to terminate the operation of such a website or part of it within the account.

Applicant:

The subject of intellectual property rights.

Section No. 02 Basic principles

2.1. The Hosting Service Provider adheres to the procedure of protecting intellectual property rights.

2.2. The Terms of the Hosting Service prohibit the use of services for illegal purposes or in any way that somehow contradicts the current legislation of Ukraine or the norms of international law or violates the rights and legitimate interests of third parties.

2.3. Hosting Service Provider:

2.3.1. is not a publisher, does not investigate or evaluate any information posted on the Website and/or Webpage by their Owners;

2.3.2. is not responsible for the content of information posted by the Website and/or Webpage Owners when using the Hosting Services;

2.3.3. cannot independently investigate the veracity of individual claims regarding violated intellectual property rights by the Owners of the Website and/or Webpage;

2.3.4. relies on a court's decision to resolve issues related to the veracity of individual claims regarding violated intellectual property rights by the Website and/or Webpage Owners.

2.4. In the event of disputes, the Hosting Service Provider will take all legal and ethical measures to protect legitimate rights and interests.

2.5. Based on this Policy, it is allowed to block access exclusively to electronic (digital) information specified in the Application for termination of the violation. If access to the electronic (digital) information cannot be blocked for technical reasons, the Website Owner or the Hosting Service Provider may block access to the Webpage containing the relevant electronic (digital) information.

Section No. 03 Application for termination of the violation

3.1. Requirements for the content of the Application.

3.2. Information about the applicant required for identification: 

3.2.1. name(s); 

3.2.2. place of residence (stay) or location, e-mail address, and postal address to which the website owner or other persons must send information in cases stipulated by law;

3.2.3. for applicants - legal entities - identification data on the registration of the legal entity in the country of location, in particular in the commercial, banking, judicial, or state register, including the details of the register, registration number.

3.3. Type and name of the item(s) of intellectual property rights, violation of which is stated in the Application;

3.4. A reasoned statement that the applicant has intellectual property rights to the items of intellectual property rights specified in the Application, with reference to the grounds for the emergence of such rights and their validity period;

3.5. Hyperlinks to the electronic (digital) information posted or otherwise used on the Website;

3.6. The claim to block access to the electronic (digital) information on the Website;

3.7. The information about the Hosting Service Provider that provides services and/or resources for hosting the relevant Website, namely: 

3.7.1. name; 

3.7.2.e-mail address or postal address to which, in cases stipulated by law, the Website Owner or other persons must send information.

3.8. The Applicant's claim that the information provided in the Application is reliable, one's right to claim about the violations was verified by the lawyer with whom the Application is submitted.

3.9. The Application is accompanied by a copy of one of the documents certifying the lawyer's authority to provide legal assistance to the Applicant in accordance with the legislation on the legal profession.

Section No. 04 Procedure of submitting the Application for termination of the violation

4.1. The Application for termination of the violation is submitted exclusively with a lawyer. 

4.2. The lawyer sends the Application, provided:

4.2.1. the Applicant identification; 

4.2.2. establishment of contact details and confirmation by the documents provided by the Applicant of the fact that the Applicant has the right to terminate the violation regarding which the request is made.

4.3. The Application for termination of violations is sent to the Website Owner while sending a copy of it to the Hosting Service Provider that provides services and/or resources for hosting the relevant website.

4.4. Applications for termination of the violation are submitted in writing in the paper and/or electronic form.

4.5. The Application in electronic form is drawn up in accordance with the requirements of the legislation in the field of electronic documents and electronic document management with the mandatory use of technical means of certification of the lawyer’s electronic digital signature, who provides legal assistance to the Applicant.

4.6. Simultaneously with sending such an Application in electronic form, the Applicant sends a copy of it to the same address in the usual electronic form without using the electronic digital signature. If the electronic Application with the technical means of certifying the lawyer's electronic digital signature differs in content from the Application in ordinary electronic form sent to the same addressee, such an Application is considered not submitted.

4.7. The Application in paper form is drawn up with the mandatory handwritten signature of the lawyer and sent by registered mail with the delivery notification.

4.8. The date and time of receipt of the Application are considered to be:

4.8.1. in case of sending by e-mail - the date and time of sending defined using electronic communication;

4.8.2. if sent by registered mail with the delivery notification - the date and time specified in the delivery notification.

4.9. If the addressee refuses to receive the Application or is absent at the specified address, the day and date of receipt of the Application is the day and date when the postal operator registered in the delivery notification the information about the addressee's refusal to receive the Application or information about the absence of the addressee at the specified address.

4.10.   The response (notification) to the Application, forwarding an Application copy, is made in writing in the paper and (or) electronic form.

4.11.   The date and time of receipt of the response (notification) to the Application and/or sent Application are considered to be:

4.11.1. in case of sending by e-mail - the date and time of sending defined using electronic communication;

4.11.2.if sent by registered mail with a delivery notification - the date and time specified in the delivery notification.

4.12.   If the addressee refuses to receive the reply (notification) or is absent at the specified address, the day and date of receipt of the reply (notification) is the day and date when the postal operator registered in the delivery notification the information about the addressee's refusal to receive the reply (notification) or information about the absence of the addressee at the specified address.

Section No. 05 Processing of the Application for termination of the violation

5.1. The Application may be refused if:

5.1.1. The person to whom the Applicant applied has the right to use the electronic (digital) information specified in the Application, regarding the use of which the Application is sent if they provide a Notification of refusal;

5.1.2. The person to whom the Application was sent is not the Website Owner specified in the Application;

5.1.3. The Application that was issued in violation of the requirements defined in Section No. 03 if the person who received, informed the Applicant about it in accordance with the Notification of refusal.

5.2. In the absence of the circumstances specified in clause 5.1. of this section, the Website Owner immediately, no later than 48 hours from the date of receiving the Application for termination of the violation, is obliged to block access to the electronic (digital) information in respect of which the Application was submitted and provide the Applicant and the Hosting Service Provider with the Notification of taken measures in accordance with Section No. 07.

Section No. 06 Notification of refusal

6.1. On refusal to satisfy the Application for termination of the violation on the grounds provided in subclauses 5.1.1. and 5.1.3. of Section No. 05, the Website Owner sends a message within 48 hours after receiving it sends the Notification of refusal to the Applicant and the Hosting Service Provider.

6.2. Content requirements to the Notification of refusal.

6.2.1. information about the Website Owner to the extent sufficient for the lawsuit:

6.2.1.1. name(s) of the Website Owner; 

6.2.1.2. place of residence (stay) or location, email address, or postal address;

6.2.1.3. if the Website Owner is a legal entity - identification data on the registration of the legal entity in the country of location, in particular in the commercial, banking, judicial, or state register, including the details of the register, registration number;

6.2.2. Indication of electronic (digital) information, access to which is refused to block.

6.2.3. Indication of the relevant paragraph from Section No. 05, on the basis of which the Website Owner refused to satisfy the Application for termination of the violation.

Section No. 07 Notification of taken measures

7.1. The Notification of taken measures, which is sent to the Applicant in accordance with this Policy, among other things, must contain reliable and complete information about the Website Owner indicated in the Application. 

7.2. In case of sending the Notification of taken measures by the Hosting Service Provider, the message must also contain information about the Hosting Service Provider and the complete information provided to them by the Website Owner, without any changes or distortions. 

7.3. The information about the Website Owner consists of information about:

7.3.1. their full name(s);

7.3.2. residential address (location), correspondence address, phone number, email address, and other contact information for communication if there is any. 

7.4. In case of receipt from the Website Owner (or the Webpage Owner when performing the procedures provided for in this policy) Notification of refusal and its copy must be attached to the Notification of measures taken.

Section No. 08 Consideration of the Application for termination of the violation when the Website Owner is not the Webpage Owner

8.1. The Website Owner is obliged to send a copy of it by e-mail (or other message sending system accepted on the relevant website) to the Webpage Owner within 24 hours from the date of receipt of the Application for termination of the violation. The Application is sent using the contact details that the Webpage Owner has provided to the Website Owner.

8.2. The Website Owner, simultaneously with sending the Application for termination of the violation to the Webpage Owner, sends a notification to the Applicant informing that they are not the Webpage Owner, indicating the time when a copy of the Application was sent to the Webpage Owner and provides a hyperlink to the terms of the public rights, which defines the rules for using the website by third parties.

8.3. The Webpage Owner considers the Application received from the Website Owner for termination of the violation and is obliged to respond to the Website Owner in accordance with the procedure and terms established by Section No. 05 and Section No. 06, indicating a hyperlink to the webpage on which the relevant electronic (digital) information is posted. At the same time, the Webpage Owner exercises the rights and performs the obligations established by Section No. 05 and Section No. 06.

8.4. The Website Owner, within 24 hours from the moment of receiving a response from the Webpage Owner to the Application for termination of the violation, sends it to the Applicant and the Hosting Service Provider using the details specified in the relevant Application.

8.5. If within 48 hours from the moment of sending the Application for termination of the violation to the Webpage Owner, the Webpage Owner has not provided the Website Owner with a response on the grounds and in the form established by Section No. 05 and Section No. 06, the Website Owner independently blocks access to the electronic (digital) information specified in the Application for termination of the violation.

8.6. The Website Owner notifies the Applicant and the Hosting Service Provider of the measures taken within 72 hours from the moment the Website Owner receives the Application for termination of the violation and provides information about themselves to the extent specified in clause 6.2.1.  Section No. 06.

8.7. If within 48 hours from the moment the Application for termination of the violation is sent to the Webpage Owner, the Webpage Owner has provided the Notification of refusal on the grounds and in the form established by Section No. 05 and Section No. 06, a copy of such notification is sent by the Website Owner to the Applicant no later than within 72 hours from the moment the Website Owner receives the Application for termination of the violation.

Terms of direct application of the Applicant to the Hosting Service Provider

9.1. The Applicant has the right to apply directly to the Hosting Service Provider, with the Application for termination of the violation, in such cases:

9.1.1. The Website Owner has failed to perform or has not fully performed the actions provided for in Section No. 05 or Section No. 06 within the prescribed time limits, or if the Website Owner, who is not the Webpage Owner, has not performed the actions or has not fully performed the actions provided for in Section No. 08;

9.1.2. On the Website and in the public databases of the domain name records (WHOIS), there is no information about the Website Owner to the extent that allows contacting one with the Application of termination of the violation provided for in Section No. 03. Such information is the information about an email address for contacting the Website Owner and other information that is provided by law and the WHOIS regulations, in particular, such information is defined in Section No. 12.

9.2. The Application for termination of the violation committed by the Website Owner must contain grounds for the claim according to clauses 9.1.1. and 9.1.2.of this Section for contacting the Hosting Service Provider.

9.3. The Application for termination of the violation must comply with the requirements of Section No. 03 and must be submitted under the procedure in accordance with Section No. 04.

9.4. In cases provided for in the clause. 9.1.1. in this Section, in the Application must be specified:

9.4.1. the time when the Application for termination of the violation was sent to the Website Owner and Hosting Service Provider; 

9.4.2. the time when the Website Owner should have performed the actions provided in Sections No. 05-08;

9.4.3.how the Applicant determined the contact details of the Website Owner.

9.5. It there are no grounds to leave the Application for termination of the violation on the part of the Website Owner without consideration, established by Section No. 10, the Hosting Service Provider immediately, no later than 24 hours from the date of receipt of such an application, sends the Website Owner a copy of it. At the same time, the Hosting Service Provider explains to the Website Owner their rights and obligations related to this Application, as well as the legal consequences of failure to perform the actions provided in this Policy.

9.6. The Website Owner, within 24 hours from the date of receipt from the Hosting Service Provider of the copy of the Application for termination of the violation on the part of the Website Owner, performs the actions provided for in Section No. 05 or Section No. 06 and notifies the Hosting Service Provider about this by sending the Notification of taken measures according to Section No. 07 or Notification of refusal according to Section No. 06.

9.7. If within 24 hours from the date of sending to the Website Owner the copy of the Application for termination the violation, the Website Owner has not sent the Notification of taken measures according to Section No. 07 or Notification of refusal according to Section No. 06, the Hosting Service Provider independently blocks access to the electronic (digital) information specified in the Application for termination of the violation committed by the Website Owner. 

9.8. The Hosting Service Provider notifies the Applicant and the Website Owner about the taken measures within 48 hours since the Hosting Service Provider receives the Application for termination of the violation committed by the Website Owner.

Section No. 10 Leaving the Application for termination of the violation committed by the Website Owner without consideration

10.1. The Hosting Service Provider has the right to leave without consideration the Application for termination of the violation committed by the Website Owner, If:

10.1.1. The Application does not meet the requirements set out in Section No. 09;

10.1.2. The Hosting Service Provider does not provide services or resources for hosting the website in respect of which the Application is submitted; 

10.1.3. The Applicant applied to the Hosting Service Provider without grounds provided in Section No. 09.

10.2. The Hosting Service Provider notifies the Applicant about leaving the Application for termination of the violation without consideration, indicating the relevant grounds, within 24 hours from the date of its receipt.

Section No. 11 Right of the Website Owner to claim access to electronic (digital) information

11.1. The Website Owner has the right to contact the Hosting Service Provider from which they received information about the measures taken in accordance with clause 9.8.  Section No. 09, with the Notification of refusal on the grounds and in the form established by Section No. 05, Section No. 06, claiming to restore access to the electronic (digital) information. 

11.2. If such a request meets the requirements provided in Section No. 06 for the Notification of refusal The Hosting Service Provider must immediately, no later than 48 hours after receiving it, send the Applicant a copy of it. 

If the notification does not meet the requirements provided in Section No. 06 for Notification of refusal, The Hosting Service Provider informs the Website Owner about this.

11.3. The Hosting Service Provider restores access to the electronic (digital) information on the tenth business day from the date of sending to the Applicant a copy of the notification provided for in clauses 11.1. -11.2.of this Section, if during this time the Applicant has not provided one with confirmation of filing a claim and/or opening lawsuits for protecting their intellectual property right (electronic (digital) information), in respect of which the application for termination of the violation was submitted. 

Section No. 12 Accuracy of the information about the Website Owners and the Hosting Service Provider

12.1. Website Owners and Hosting Service Providers, other than individuals who are not business entities, are required to make such reliable information about themselves freely available on their websites and/or in public databases of the domain name records (WHOIS):

12.1.1. full name or name of the Website Owner and Hosting Service Provider;

12.1.2. full address of the place of residence or location of the Website Owner and Hosting Service Provider;

12.1.3. the Website Owner and Hosting Service Provider contact information, including the email address and phone number for prompt communication.

12.2. Individuals who are not business entities shall make freely available the contact information of the Website Owner provided for in this clause. 12.1.3. clause 12.1.of this Section on the websites which they own or in public databases of the Domain Name Records (WHOIS)

Section No. 13 Updating the Policy

13.1. The Hosting Service Provider has the right to change, add, and/or remove part of this policy at any time.

13.2. The Policy published on the Website is up to date.

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