This Policy forms part of the Deqo General Terms at deqo.com/legal/terms and does not require separate acceptance.
1. Introduction
1.1 Deqo, Inc. ("Deqo", "we", "us") respects intellectual property rights and does not permit infringing material on its platform. This Policy sets out how to notify us of a concern and the action we will take.
1.2 Deqo is a marketplace and reseller, and is not a domain registrar. We are able to remove or suspend a Listing. We are not able to cancel, suspend, or transfer a domain name registration. That authority rests with the registrar of record. Clause 4 applies to domain-level disputes.
1.3 All notices under this Policy must be sent to [email protected].
1.4 Terms defined in the Deqo General Terms at deqo.com/legal/terms (the "General Terms") have the same meaning in this Policy.
2. Copyright, DMCA
2.1 Notices of copyright infringement. Notices of claimed copyright infringement under 17 U.S.C. § 512 should be sent to Deqo Legal, Deqo, Inc., 2219 Main Street Unit 601, Santa Monica, California 90405, [email protected].
2.2 Takedown notice. A notice of claimed infringement must include:
(a) your physical or electronic signature;
(b) identification of the copyrighted work said to be infringed;
(c) identification of the material said to be infringing, in sufficient detail to permit us to locate it;
(d) your name, address, telephone number, and email address;
(e) a statement that you believe in good faith that the use is not authorized by the rights holder, its agent, or the law; and
(f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the rights holder or authorized to act on their behalf.
2.3 Submission of a notice containing a material misrepresentation may give rise to liability under 17 U.S.C. § 512(f).
2.4 Our response. On receipt of a valid notice, we will remove or restrict access to the material, notify the affected User where practicable, and record the action taken.
2.5 Counter-notification. Where you believe material was removed in error, you may submit a counter-notification containing your signature, identification of the material and its former location, a statement under penalty of perjury that removal resulted from mistake or misidentification, your contact details, and your consent to the jurisdiction of the federal district court for your address. We will forward a valid counter-notification to the complainant and may restore the material if no court action is filed within the period prescribed by law.
3. Trademarks
3.1 A trademark complaint must include:
(a) your contact details;
(b) the trademark relied on, with its registration number and jurisdiction, or the basis of any unregistered rights;
(c) evidence of your ownership of, or authority to act in respect of, the trademark;
(d) identification of the material on the platform said to be infringing; and
(e) a statement that you believe in good faith that the use is not authorized.
3.2 We will review a valid complaint and may remove or suspend the Listing concerned. A domain name registration is subject to clause 4.
4. Domain Name Disputes
4.1 Disputes concerning bad-faith registration or trademark infringement through a domain name are determined under ICANN's Uniform Domain-Name Dispute-Resolution Policy (UDRP) and, for certain extensions, the Uniform Rapid Suspension system (URS). Proceedings must be directed to the registrar of record, not to Deqo. The registrar of record may be identified at lookup.icann.org.
4.2 You should notify us at [email protected] if a domain name listed through the Services is subject to an active proceeding. We will suspend the Listing for the duration of the proceeding, cooperate fully, and will not obstruct any transfer, suspension, or cancellation order.
4.3 Domain names held by Deqo. Certain domain names are held in an account controlled by Deqo rather than by the person who will ultimately own them, including domain names subject to a Payment Plan and domain names held pending delivery to a Buyer. Where a dispute is brought in respect of such a domain name:
(a) we will suspend the Listing and notify both parties;
(b) installments under a Payment Plan are suspended for the duration of the proceeding; and
(c) where the domain name is lost as a result of the proceeding, the Payment Plan terminates, and the Buyer is refunded in accordance with clauses 11.7 and 11.8 of the General Terms.
5. Privacy Complaints
5.1 A complaint that content on the platform discloses personal information without authority, including registrant details published in error, a document uploaded in support of verification, or a screenshot contained in Listing content, should be sent to [email protected] and identified as a privacy complaint.
5.2 We will remove the content pending review. Clause 4 of the Privacy Policy explains the registration data we are required to disclose to registrars, Registries, and public lookup services, which we are unable to withhold.
5.3 Requests to exercise your rights over personal information we hold about you are made under clause 7 of the Privacy Policy and not under this Policy.
6. Material Generated by Deqo
6.1 Deqo generates material displayed with a Listing, including descriptions, keywords, categories, and images. Clause 36.3 of the General Terms states that this material remains the property of Deqo and does not transfer on a sale.
6.2 A complaint concerning material generated by Deqo should be submitted under clause 2 or clause 3 and should identify the material as Deqo-generated. We will remove the material pending review, and the Seller's involvement is not required.
7. Repeat Infringement
7.1 Accounts against which multiple valid intellectual property complaints are upheld may have Listings suspended or the account terminated, at our reasonable discretion.
7.2 Termination for repeat infringement does not give rise to any entitlement to a refund.
8. Prohibited Use of Domain Names
8.1 Domain names registered or listed through the Services must not be used for any unlawful purpose, including malware, phishing, fraud, unlawful content, cybersquatting, trademark infringement, or the support of terrorism. Clause 34 of the General Terms applies.
8.2 Suspected breaches should be reported to [email protected]. We will investigate and engage our Registrar Partners as appropriate.
9. No Legal Advice
9.1 This Policy describes our process. It does not constitute legal advice. You should consult a qualified attorney if you are uncertain of your rights before submitting a notice.
10. Changes to this Policy
10.1 We may amend this Policy from time to time. The current version, with its effective date, is published at deqo.com/legal/ip-policy.
11. Governing Law and Venue
11.1 Governing law. This Policy, and any dispute or claim arising out of or in connection with it or its subject matter, including any non-contractual dispute or claim, is governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
11.2 Venue. The state and federal courts located in Los Angeles County, California have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Policy, subject to clause 11.3.
11.3 Exceptions. Nothing in clauses 11.1 and 11.2 affects the consent to the jurisdiction of a United States federal district court required of a person submitting a counter-notification under clause 2.5, as required by 17 U.S.C. § 512(g), or any right you have under the data protection law applicable to you.
12. Contact
Deqo Legal, Deqo, Inc., 2219 Main Street Unit 601, Santa Monica, California 90405. [email protected]