Important Legal Information
Terms of Service Agreement
This Terms of Service Agreement ("TOS") shall constitute a binding contractual agreement between Strasmore, Inc., a Delaware corporation, ("Strasmore"), and the subscriber of services ("Customer"). This TOS shall include the Terms of Service ("TOS"), Acceptable Use Policy ("AUP"), Service Level Agreement ("SLA"), and any applicable addendum. Customer agrees to be bound to all agreements in this TOS.
Note: Strasmore reserves the right to supplement and/or amend, at any time, the terms and conditions of its TOS, including the TOS, AUP, SLA, and any applicable addendum. Strasmore will notify its Customers through the Client Area of any changes affecting cancellation, payment of fees, or the SLA. It is the Customer's responsibility to review Strasmore's policies on a frequent basis to ensure compliance because the TOS in place during your most current month applies, not the TOS which was in place when you registered. Changes requested by Customer to any of these agreements or to the TOS must be agreed to in writing by Strasmore.
We are a provider of data center services centered on the delivery of on-demand server infrastructure.
We do not manage the content or applications hosted from our infrastructure as this is the direct responsibility of our customers, many of whom are, in fact, hosting resellers. It's possible that the information you are requesting belongs to the client of our client or even to a client another tier down.
How to submit a subpoena
Strasmore, Inc. accepts subpoenas sent via email, regular or overnight mail and hand-delivery.
c/o Abuse Department
2522 Chambers Road Suite 100
Tustin, CA 92780
How and when we will reply to a subpeona:
Pursuant to the terms of its TOS, Strasmore will respond to all valid subpoenas or court orders from entities and courts who have proper subpoena power and jurisdiction over Strasmore.
It is important to include as much detail and information as possible or allowed within the subpoena. The following are the basic requirements:
- Times and Dates
- IP information
- Domain/Website/Host information
- Whether the subpoena may be disclosed to the customer (unless it specifies that the request must remain confidential, Strasmore will notify its customer of the pending subpoena)
We understand the generally time-sensitive nature of each subpoena request. Unless we are required to notify our customer of the subpoena and allow them the opportunity to object or otherwise respond, we have a turn-around time of 24 hours or less, excluding special circumstances and/or in a situation where there is missing or incomplete information in the request.
We will provide responses to the subpoena via email or regular mail, so please include your preferred method of delivery and your contact information.
We are required to disable accounts engaged in illegal activity, even if that activity is brought to our attention through a request for records.
If disabling or restricting user access to the user's profile will jeopardize your investigation, you should clearly specify "DO NOT DISABLE UNTIL XX/XX/XXXX" on your request.
Please note however, if the matter has already been reported independently to our operations team; they may take independent action.
Copyright Infringment DMCA
Copyright Claims Pursuant to the Digital Millennium Copyright Act
Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on Strasmore's network or servers should be promptly sent in the form of written notice to the Designated Agent for DMCA Notices listed below:
Mr. Matt Connor - Designated Agent for DMCA Notices
c/o Copyright Department
2522 Chambers Road Suite 100
Tustin, CA 92780
How to Report A Claim of Infringement:
If you believe a Strasmore client has posted material that infringes your copyright, a notification of a claimed copyright infringement must be provided via email to Strasmore and must include the following information (the list below comes substantially straight from the statute 17 U.S.C. Section 512(c)(3); if you do not understand the language please seek independent advice):
- A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Strasmore to locate the material.
- Information reasonably sufficient to permit Strasmore to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Failure to submit copyright infringement notification as described above will result in no legal notice or action on behalf of Strasmore.
How to Make a Counter Notification:
If you are a Strasmore client, i.e., subscriber, and you feel that material you have placed online that has been removed following an infringement complaint is in fact not an infringement, you may file a counter notification. 17 U.S.C. Section 512 (g)(3) requires that to be valid, the counter notification must be written and addressed to our agent (listed above) and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):
- A physical or electronic signature of the subscriber.
- 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 to it was disabled.
- A statement under penalty of perjury that the subscriber has a 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.
- The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Strasmore is not required to respond to counter notifications that do not meet the requirements above.
Our designated agent will present your counter notification to the Complaining Party. Once your counter notification has been delivered, Strasmore is allowed under the provisions of 17 U.S.C. Section 512 to restore the removed material in no less than 10, nor more than 14, business days, unless the Complaining Party notifies us that it has filed an action seeking a court order to restrain you, the subscriber, from engaging in infringing activity related to the material on Strasmore's system or network.
Any person who knowingly materially misrepresents under this section:
- that material or activity is infringing, or
- that material or activity was removed or disabled by mistake or misidentification
shall be liable for any damages, including costs and attorney's fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by Strasmore, who is injured by such misrepresentation, as the result of Strasmore relaying upon such misrepresentations in removing or ceasing to disable access to it.