Frequently Asked Questions
If you are trying to decide whether to use Qua Host, you may (and should) have
some questions. Here are some answers. But please contact us via the contact form
or at firstname.lastname@example.org so we can address your more specific concerns.
Q: Who are you?
A: We are a group of people who spent a lot of time dealing with
a lot of hosts for ourselves, our clients, our friends, and our students, and decided we could
cut out the middle men and create our own host. Or make ourselves a middle man. Or something.
Q: Your servers are in New York?
A: No, that would be silly. Servers need room to roam, a steady power supply, and a relative lack of earthquakes, brownouts, riots, and similar problems. Our provider houses their servers in Texas, and uses carbon offsets to provide greener (though the net is never completely green) hosting.
Q: I'm new to all this. Can you build me a site?
A: We are happy to help put you in touch with the right people, whether that is simply setting up a template-based site or blog to create an initial web presence, or a more involved design project.
Q: What does your hosting come with?
A: We provide space, email hosting, SQL databases, the major LAMP scripting
languages (including Ruby on Rails), Fantastico 1-click script installation, Frontpage extentions (bleh), and just about everything else you might desire in LAMP-based, shared hosting.
Q: What doesn't your hosting come with?
A: We don't provide SSH access on the seedling package, and only on more advanced packages on request. Most everything most users need to do can be accomplished through the panel, and if there are minor things that need to be accomplished, we can help find a way to do that.
Q: Are there things you won't host?
A: While we want to encourage you to do cool things, we will allow you to do
anything within reason, when it comes to web hosting. We have standard limits on things that are intensive enough that they would mess with other clients' responsiveness (game servers, IRC servers,
etc.), and do not permit anything that would be in violation of US law. For full details, please peruse
Q: Who do you sell my information to?
A: We don't rent, sell, or do anything else slimy with your email or other
personal data. We only need it to be able to get in touch with you and keep things running smoothly. See our .
Q: What if I want to move later?
A: We will help you. We realize that we aren't the best host for everyone. Our focus is on small, interesting projects. We're happy to see you succeed, and can help you make that transition.
Q: Why are you so cheap?
A: We prefer "appropriately inexpensive." This isn't our day job. We feel no need to reap markup over our own costs. Because we are small, our costs are more substantial than a larger host. However, our profit margin floats around zero.
Q: Why not a monthly plan?
A: For the same reason we don't do credit-card processing directly. Any
charges we would have to pass on, and especially for micropayments, the charges are high. This way
we are better able to plan resources (since we know what to expect), and it doesn't cost as much
in administrative overhead. We figure you can divide out and realize that no one beats our value.
Q: What's new?
A: For the latest Qua Host news, follow us at @quahost
Terms of Service
1. Your relationship with Forward Memory LLC
1.1 Forward Memory LLC provides webhosting services and software via the Qua Host site (referred to the "Services" in this document and excluding any other contracted services with Forward Memory LLC). Use of any of these Services constitutes an agreement to the conditions set out in these Terms of Service (hereafter "Terms").
1.2 Unless otherwise agreed to in writing, your agreement with Forward Memory LLC will always include, at a minimum, the terms and conditions presented in this agreement.
1.3 The Terms in this document form a legally binding agreement between you and Forward Memory LLC in relation to your use of the Services. It is important that you take the time to read them carefully.
2. Acceptance of Terms of Service
2.1 In order to use the Services, you must first agree to the Terms of Service. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by either:
(a) clicking to accept or agree to the Terms, where this option is made available to you via the Qua Host site or in the user interface for any Service; or
(b) by actually using the Services. In this case, you understand and agree that Forward Memory LLC will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if
(a) you are not of legal age to form a binding contract with Forward Memory LLC, or
(b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Terms for your records.
3. Account Setup and Contact Information
3.1 We will set up your account after we have received a complete application, including accurate contact information, and a payment has been submitted and cleared by one of our payment processing partners.
3.2 If there is ever an abuse issue or we need to contact you, we will make use of the email address you provide on the application form. It should be an email address not hosted by a server we provide, so that you remain reachable in the event we must suspend hosting services. It is your responsibility to ensure the email address on file is current or up to date at all times.
3.3 If you have a domain name registered via Qua Host, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Forward Memory LLC is not responsible for a lapsed registration due to outdated contact information being associated with the domain. Failure to provide and maintain accurate contact information, including proof of identification, may result in termination of services by Forward Memory LLC.
3.4 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
3.5 Accordingly, you agree that you will be solely responsible to DMLcentral for all activities that occur under your account.
3.6 If you become aware of any unauthorized use of your password or of your account, you agree to notify Qua Host via a support ticket immediately.
3.7 The credit card holder or owner of the e-mail address which is utilized for payment on an account is designated as the authorized owner of the account.
4.1 All services provided by Forward Memory LLC may only be used for lawful purposes. The laws of the State of New York, the State of Florida, the State of Texas, and the United States of America apply.
4.2 You agree to indemnify and hold harmless Forward Memory LLC from any claims resulting from the use of our services.
4.3 Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work.
4.4 The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account.
4.5 The following services or content are not permitted on Qua Host shared server accounts: Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications,Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures/Bank Debenture Trading Programs, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery/Gambling Sites, MUDs/RPGs/PBBGs, Cracker or intrusion focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro, Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc), Tell A Friend Scripts, or any site or content that has been advertised via spam. Any script or content that puts at risk the legal and effective services of other Qua Host clients may result in suspension or termination of services.
4.6 The Services provided by Forward Memory LLC, including all related equipment, networks and network devices are provided only for authorized customer use. Forward Memory LLC systems may be monitored by for all lawful purposes by our staff and contractors, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Forward Memory LLC Services constitutes consent to monitoring for these purposes.
4.7 Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Forward Memory LLC may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
4.8 We reserve the right to refuse access to the Services to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
4.9 Failure to respond to any email from Forward Memory LLC 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
4.10 Forward Memory LLC will comply with any lawful court order which requires them to produce or remove information from the services. Unless legally barred from doing so, we will notify you via email if this occurs.
4.11 Forward Memory LLC is a republisher and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is your sole responsibility. You take full and sole responsibility for any defamatory content hosted on your accounts, any violations of copyright, or any other content that may cause damage to a third party.
4.12 Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice, and reported to the appropriate law enforcement authorities.
4.13 It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. You are ultimately responsible for all actions taken under your account.
5. Email / Spam Policy
5.1 Spam (the sending of unsolicited email) is not allowed via our Services. Any user who sends spam may have their account terminated without notice.
5.2 Users are limited to sending 400 emails an hour, and any email sent to more than thirty addresses must be throttled so that it is sent over time. This includes emails being sent by a client through the email system, or scripts (including Mailman and content management systems) that send out emails programmatically.
5.3 Any mailing list must be a double opt-in list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. They have then confirmed their participation by responding to a confirmation email sent to the email address.
5.4 Emails must also contain a link that allows a user to opt-out of future mass emails.
5.5 Any mailing list must comply with all guidelines set forth by the United States government. These can be found at: http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm .
5.6 No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended or terminated.
5.7 Forward Memory LLC reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
5.8 Forward Memory LLC reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Forward Memory LLC.
6.1 You agree to supply appropriate payment for the services received from Forward Memory, in advance of the time period during which such services are provided. You agree that until and unless you notify Forward Memory of your desire to cancel any or all services received, those services will be billed on a recurring basis.
6.2 Cancellations must be done in writing via the a support ticket. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you via email that your account has been canceled.
6.3 Upon cancellation, whether by you or by Forward Memory LLC, all data will be removed from our current systems, and be inaccessible. Such data may be retained in our backup files, but is not recoverable by the client.
6.4 It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Forward Memory LLC of your desire to cancel any or all services received (by the proper means listed above), those services will be billed on a recurring basis. Forward Memory LLC reserves the right to bill your credit card or billing information on file with us. Forward Memory provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to Forward Memory LLC for services rendered. Access to the account will not be restored until payment has been received.
6.5 It is your sole responsibility to be aware of domain renewals and reminders. Forward Memory LLC is in no way liable for domains that are not renewed in a timely fashion. All domain registrations and renewals are final. No refunds are available.
6.6 Forward Memory LLC reserves the right to change the payment amount and any other charges from time to time.
7. Data Loss
7.1 Your use of this service is at your sole risk. Forward Memory LLC is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the Services.
8.1 Forward Memory LLC reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
8.2 Customers may cancel at any time via a support ticket. Forward Memory LLC may, at its sole discretion, refund a prorated portion of the subscription fee, never to exceed actual expenses relating to the account.
9. Resource Usage
9.1 You may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes.
i) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
j) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
k) To help reduce usage, do not force html to handle server-side code (like php and shtml).
l) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
9.2 Engaging in any of the above activities may result in immediate suspension or termination of services.
9.3 Every file (a webpage, image file, email, etc) on your account uses up 1 inode. The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension.
9.4 You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
10 EXCLUSION OF WARANTEES
10.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT FORWARD MEMORY LLC'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
10.3 IN PARTICULAR, FORWARD MEMORY LLC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
10.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FORWARD MEMORY LLC OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
10.6 FORWARD MEMORY LLC FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY
11.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 10.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT FORWARD MEMORY LLC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH FORWARD MEMORY LLC MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE FORWARD MEMORY LLC WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
11.2 THE LIMITATIONS ON FORWARD MEMORY LLC'S LIABILITY TO YOU IN PARAGRAPH 11.1 ABOVE SHALL APPLY WHETHER OR NOT FORWARD MEMORY LLC HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
12.1 By using any of Forward Memory LLC's services, you agree to submit to binding arbitration. If any disputes or claims arise against Forward Memory LLC or its subsidiaries, such disputes will be adjudicated by an arbitrator of Forward Memory LLC's choice.
12.2 An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of New York. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties.
12.3 The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause.
12.4 You are also responsible for any and all costs related to such arbitration.
13. Changes to these Terms
13.1 Forward Memory LLC reserves the right to revise its policies and these terms of service at any time without notice. The current binding version of the terms of service may be found on the Qua Host website: http://quahost.com
1. Information Gathered by Qua Host
For visitors to our website, we log standard technical information, such as the numerical Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you accessed the site, and the Internet address of the website from which you followed a link to our site. The information is kept primarily to assist us in diagnosing technical problems and defending against attacks on the site.
In addition, Qua Host collects and retains information you submit to us. It is up to you whether to submit information to us, and how much information to provide. We may ask for additional personal information when you provide feedback or comments, or otherwise communicate with us.
2. Use of Information by Qua Host
In general, Qua Host uses the information provided by you to understand your needs and to provide hosting services. We also look at technical information to diagnose problems with our server and to administer Qua Host services.
3. Disclosure of Your Information
While Qua Host endeavors to provide the highest level of protection for your information, we may disclose personally identifiable information about you to third parties in limited circumstances, including: (1) with your consent; or (2) when we have a good faith belief it is required by law, such as pursuant to a subpoena or other judicial or administrative order.
If we are required by law to disclose the information that you have submitted, we will attempt to provide you with notice (unless we are prohibited) that a request for your information has been made in order to give you an opportunity to object to the disclosure. We will attempt to provide this notice by email, if you have given us an email address, or by postal mail if you have entered a postal address. If you do not challenge the disclosure request, we may be legally required to turn over your information.
In addition, we may independently object to requests for access to information about users of our services that we believe to be improper.
4. Updating or Removing Your Information
If you have an account with Qua Host, you may choose to correct, update, or delete the information you have submitted to us related to your account by sending a message to the adminsitrators via the Contact Page. Furthermore, if we inadvertently collect more personal information than intended, we endeavor to delete the extraneous information. However, please understand that deleted information may continue to persist on backup media.
Qua Host protects personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, or use.
6. Changes to Our Policies
7. Effective Date
Notification of Copyright Infringement
If you are a copyright owner or an agent thereof and believe that any content hosted by Qua Host sites infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) 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 at that site;
(c) 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 the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider (Qua Host) to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(e) A statement that you have 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 (including but not limited to Section 107 of the Copyright Act); and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Qua Host's designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent c/o Forward Memory LLC, 210 West 101st Street, 4A, New York, NY 10025, copyright @quahost.com.
In sending such a notice, you acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. You also acknowledge that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing in a DMCA notice may be subject to liability.
Counter-notification/Notification of Non-infringement
If you believe that material you hosted by Qua Host services was removed or had access to it disabled due to either a mistake or misrepresentation regarding its copyright status (e.g., a non-infringing use was mistakenly accused of infringement), you may send a counter-notification to the Qua Host Copyright Agent requesting that the material be reinstated. Such a notification must include:
(a) Your physical or electronic signature;
(b) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content (e.g., the use was a fair use); and
(d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, NY, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
As per the DMCA, if a counter-notification is received by our Copyright Agent, Qua Host may send a copy of the counter-notice to the original complaining party. Unless the copyright owner files an action seeking a court order against Qua Host or you and notifies us of such, Qua Host will have the discretion to restore the contested content within 10 to 14 business days.