Eweka Internet Services: notd informatie

Notice & Takedown Procedure: Conditions Notice Unlawful Content

Introduction

Eweka Internet Services B.V. (“Eweka”) attaches great importance to the freedom of expression of its subscribers, but is aware too that the Internet may be used in a way that is in conflict with the law and detrimental to third parties. Eweka's role as an internet service provider is limited in this respect: Eweka may only process requests to remove or make inaccessible manifestly unlawful content that has been posted by its subscribers. Eweka does not carry out any preventive supervision and is not obliged to do so either.

In order to guarantee that Eweka will act carefully and in a transparent manner towards its subscribers and towards third parties, Eweka has drafted this Notice & Takedown procedure, for the processing of notices of third parties relating to (allegedly) unlawful content on the Internet by subscribers of Eweka with the request to remove or make inaccessible the content concerned.

1.	Indemnification and Applicability
1.1.	These conditions apply to all notices to Eweka of (allegedly) unlawful content.
1.2.	By completing the Notification Form the complainant indemnifies Eweka Internet Services B.V. and its affiliated companies against any third party’s claim and against all damage and costs (including costs for legal assistance) suffered by Eweka or its affiliated companies as a result of the dealing or complying with the notification.
2.	Content of the Notice
2.1.	Notices may only be made with the use of the Notification Form published on Eweka’s website. The notice should be sent using the form on the website.
2.2.	The notice will only be dealt with if it is correctly and fully completed and if it relates to manifestly unlawful content of subscribers of Eweka.
2.3.	In the event of questions on the substantiation of his/her notice, the complainant him-/herself has to ask advice from a(n) (legal) expert in the field.
3.	Decision
3.1.	After receipt of the notice Eweka will forward the notice to the contact address of the subscriber known to Eweka.
3.2	The subscriber will get at least one (1) day to respond to the allegation contained in the notice that the content posted is unlawful, unless in Eweka’s view the case is such that the response of the subscriber cannot be awaited. Eweka will include the response of the subscriber, if any, in its assessment of the unlawful character of the content concerned.
3.3.	Eweka will decide within five (5) business days on correctly and fully completed notices, unless Eweka is of the view that this decision will take more time.
4.	Assessment
4.1.	Eweka will assess the notices in accordance with Dutch law.
4.2.	If Eweka grants the request, it will first request that its subscriber immediately remove the content. If the subscriber does not immediately comply with this request, Eweka is entitled to immediately remove or make inaccessible the content, unless the subscriber proves that the content concerned is not manifestly unlawful.