Legal website hosting is a growing sector that has grown in popularity over the last few years and it is now widely accepted that there is a risk of being sued.
This is not a new issue, but it has become an increasing concern, especially as more people have become aware of the legal risks associated with hosting a site.
To help you make the most of the site hosting market, we have compiled a list of the most important questions to ask before filing a lawsuit against a hosting service provider, and we also explain what you need in your case.
What are the requirements for a hosting case?
The legal requirements for hosting a legal site are very different to those for other types of cases.
For one, you will not have to show that your site has infringed the copyright of another entity.
This means that you will have to prove that the infringing activity was the primary purpose for which the hosting provider provided the service to you, rather than merely providing a service.
Furthermore, you need not show that you have made a profit from the site’s operation, as the hosting service will need to show a profit in order to show it was a legitimate business.
For this reason, the hosting services are required to be financially self-sufficient, and if they are not, they will be liable for damages.
The hosting service also has to be able to prove the infringement in order for you to file suit.
How much money will it cost to file a case?
Generally, the maximum amount of damages a hosting company will be able claim in a copyright infringement case is €750,000 (€10 million), but some hosting providers are able to seek up to €100 million.
A small number of hosting services even go above this amount, with hosting companies claiming up to 1.5 times that amount.
This makes it difficult to determine how much of a profit the hosting company made in relation to the infringement.
As a result, it is important to find out the exact amount of money the hosting companies are seeking from you.
For instance, if you have no legal rights and the hosting costs were €50,000, but you are claiming €10 million, you may need to seek an injunction order in order not to lose your legal rights.
In this case, you can be entitled to a percentage of the damages the hosting website is likely to receive from you, and you can also be entitled for some of the funds to go towards compensation.
The only thing you need do to win a copyright case is show that the hosting site was solely responsible for the infringement, which means that the host is not the one who has infringED the copyright.
What is the procedure for filing a copyright claim?
If you are the owner of the copyright, you have the right to file an action for infringement.
In order to be a party to a copyright lawsuit, you must register your claim with the appropriate authorities and make a statement.
This statement will be used as evidence when you attempt to collect damages, or to make a claim for injunctive relief.
The filing of a claim is done by filing an affidavit, which must be signed by you, the person named in the copyright claim, and the host.
It is important that you attach a copy of the affidavit, along with a list, of the reasons why the hosting firm is claiming the infringement and the date on which you think it should be awarded damages.
What do I need to know before filing?
A host is required to provide you with a written statement explaining why it is infringing your copyright.
This can be done either by providing a list with the relevant facts or by supplying an affidavit that can be used by the host to show you have shown that you are innocent.
If you have a claim that is not being pursued, the host must provide you an affidavit stating that the alleged infringement has been the primary reason why it was provided.
The affidavit can also show that there are other factors that would justify the claim, including a lack of profit from use of the service.
Can a hosting firm take action against me if I do not file a copyright complaint?
If the host has not yet filed a claim, they can take action if you do not make a complaint.
The host may also take action to stop you from continuing to host your site.
The hosts can take legal action against you if they believe that you infringed a copyright, which could include a prohibition of you using the site in the future, termination of your service, and an injunction against you.
What should I do if I am a host who is facing legal action from a hosting provider?
The first thing you should do is contact the hosting host directly, as you may be eligible to have your hosting claim taken care of if you are a host.
In some cases, the legal team will be in contact with you to explain what your options are.
If this is the case, contact the legal services provider