HereAreI Copyright, Trademark and Abuse Policy

Effective date: 2026-09-19
Last updated: 2026-09-19
Canonical URL: https://www.herearei.com/legal/copyright/
Contact: support@quaal.co for every kind of report (see section 1 for the subject line to use)

HereAreI is operated by QuaalCo, a sole proprietorship in British Columbia, Canada ("HereAreI", "we"). We host websites created by our customers ("site owners"). Once paid features launch (they are not offered during the beta), we will also resell domain names registered through an ICANN-accredited registrar. We do not review customer content before it is published, and site owners are responsible for what they publish under our Terms of Service and Acceptable Use Policy.

This page explains how to report content or behaviour on a HereAreI-hosted site or a domain registered through HereAreI, what we will do, and how quickly.

1. Where to send reports #

Send every report to support@quaal.co. Start the subject line with the words below so your report reaches the right queue:

We do not publish a postal address; email is our channel for notices. If the law requires you to deliver a document on paper, email us first and we will give you an address for service.

Please send one report per site or domain, include the exact URLs, and do not send the same report more than once. Reply to our acknowledgement to add information, quoting the reference number it gives you.

2. Copyright — Canada (notice and notice) #

HereAreI provides "digital memory" used for the electronic location of content within the meaning of section 41.25(1)(b) of the Copyright Act. Under sections 41.25–41.26 we follow the notice and notice regime.

2.1 What a valid notice must contain #

Under section 41.25(2) of the Copyright Act a notice of claimed infringement must be in writing and must:

1. state the claimant's name and address, and any other particulars prescribed by regulation that enable communication with the claimant;
2. identify the work or other subject-matter to which the claimed infringement relates;
3. state the claimant's interest or right with respect to the copyright in the work;
4. specify the location data for the electronic location to which the claimed infringement relates (for us: the full URL(s) on the HereAreI-hosted site);
5. specify the infringement that is claimed;
6. specify the date and time of the commission of the claimed infringement; and
7. contain any other information that may be prescribed by regulation.

Source: Copyright Act s. 41.25 (read 2026-09-16).

2.2 What a notice must NOT contain #

Under section 41.25(3), a notice must not contain:

• an offer to settle the claimed infringement;
• a request or demand for payment or for personal information, made in relation to the claimed infringement; or
• a reference, including a hyperlink, to any such offer, request or demand.

A notice that contains any of these is not compliant and we will not forward it (same source; see also ISED's explanation). We will tell the sender why.

2.3 What we do with a compliant notice #

1. Forward it. As soon as feasible — our target is within 2 business days — we forward the notice electronically, unaltered, to the site owner whose site the URL belongs to (Copyright Act s. 41.26(1)(a)).
2. Tell you. We inform the claimant that the notice has been forwarded, or, if it could not be (for example the URL does not exist on our service or the notice is non-compliant), why not.
3. Keep records. We retain records that allow the site owner's identity to be determined for six months from the day we receive the notice, or for one year if, before the six months end, the claimant tells us that they have commenced court proceedings relating to the claimed infringement (s. 41.26(1)(b)).
4. No fee. We do not charge claimants or site owners for processing notices (s. 41.26(2)).
5. Identity. We do not disclose the site owner's identity or contact details to the claimant. A claimant who wants that information must obtain a court order (see section 7).

Source: Copyright Act s. 41.26 (read 2026-09-16).

2.4 Takedown is not automatic — but our Acceptable Use Policy applies #

The notice-and-notice regime does not require us to remove content, and forwarding a notice is not an admission that the content infringes. However, our Acceptable Use Policy prohibits publishing material that infringes anyone's intellectual property, and we may, at our discretion, remove content, unpublish a page or site, or suspend or terminate an account where:

• the site owner does not respond within 10 business days of our forwarding a notice;
• the content is plainly infringing (for example, a wholesale copy of a paid product, film, software or article);
• we have received repeated notices about the same site (see section 4); or
• the material also violates another part of the AUP (for example, it is used for fraud or phishing).

Where we take action we notify the site owner by email, tell them what was removed and why, and explain how to respond (section 4.3). We are not obliged to act on any particular notice and we do not adjudicate copyright disputes; the courts do.

2.5 If you are a site owner who received a forwarded notice #

You are not required to reply to us or to the claimant, and no court has found that you infringed. Reasonable options are: remove or replace the content if the claim is correct; obtain a licence; or, if you believe the claim is wrong, keep the content and be prepared to defend it. The claimant may sue you directly. A notice that contains a settlement offer or a payment demand is not a valid notice under the Act and you should treat any such demand with caution.

3. Copyright — United States (DMCA format) #

Although HereAreI is a Canadian company, sites we host are accessible in the United States. Rights holders who rely on the US Digital Millennium Copyright Act may use this procedure, which is modelled on 17 U.S.C. § 512(c) and which we follow voluntarily (section 3.1). This section applies only to DMCA notices; Canadian claimants should use section 2.

3.1 No designated agent; notices accepted voluntarily #

HereAreI has not registered a designated agent with the United States Copyright Office and does not claim the DMCA safe harbour. We nevertheless accept notices in the DMCA format, and we handle them under our Acceptable Use Policy using the procedure in this section. Send them to:

Copyright notices, QuaalCo (HereAreI)
Email: support@quaal.co (subject line starting "Copyright notice")

3.2 What a DMCA takedown notice must contain #

To be effective under 17 U.S.C. § 512(c)(3), a notice must be a written communication sent to us that includes substantially the following:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed (or a representative list if multiple works at one site);
3. identification of the material claimed to be infringing and information reasonably sufficient to let us locate it — for us, the exact URL(s) on the HereAreI-hosted site;
4. information reasonably sufficient to let us contact you: name, address, telephone number and email address;
5. 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; and
6. 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.

A notice that substantially fails these requirements will not be treated as a DMCA notice. We will tell you what is missing. Knowingly misrepresenting that material is infringing exposes the sender to liability for damages under § 512(f).

3.3 What we do with a compliant DMCA notice #

1. We log the notice and acknowledge receipt.
2. We expeditiously remove or disable access to the identified material — our target is within 2 business days of receiving a compliant notice, and sooner where the notice is complete and the URL is unambiguous.
3. We promptly notify the site owner that the material was removed, send them a copy of the notice (without your email or phone number unless they are needed for a counter-notice — see below), and explain the counter-notice process.
4. We record a strike against the site owner's account (section 4).

3.4 Counter-notice #

If you are a site owner and believe material was removed by mistake or misidentification, you may send a counter-notice to support@quaal.co (subject line starting "Counter-notice"). Following 17 U.S.C. § 512(g)(3), it must include substantially:

1. your physical or electronic signature;
2. identification of the material that was removed and the location (URL) where it appeared before removal;
3. a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification;
4. your name, address and telephone number; and
5. a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside the United States, for any judicial district in which HereAreI may be found, and that you will accept service of process from the person who provided the original notification or their agent.

On receiving a compliant counter-notice we forward it to the original claimant, tell them that we will restore the material in 10 business days, and then restore it not less than 10 nor more than 14 business days after receiving the counter-notice — unless the claimant first notifies us that they have filed a court action seeking to restrain the site owner from the infringing activity (copyright.gov/512, read 2026-09-16). Note that sending a counter-notice means your name and address will be provided to the claimant.

3.5 Site owners outside the United States #

The counter-notice consent to US federal jurisdiction is a statutory requirement of the DMCA process, not a HereAreI requirement. A site owner who does not wish to submit to US jurisdiction may instead respond to us under section 2.4 / 4.3 and explain why the removal was wrong; we will consider that response under our Acceptable Use Policy, but we cannot promise the DMCA restoration timeline in that case.

4. Repeat-infringer policy #

We terminate, in appropriate circumstances, the accounts of site owners who are repeat infringers. This policy applies to both the Canadian and US tracks.

4.1 How strikes are counted #

Multiple notices about the same work received within the same 7 days count once. Strikes expire 12 months after they are recorded. A strike is not recorded where a counter-notice is pending or where we determine the notice was defective, abusive or sent in bad faith.

4.2 Consequences #

• 1 strike: warning email; the site owner must acknowledge the AUP.
• 2 strikes within 12 months: the affected site is unpublished until the owner confirms in writing that the infringing content has been removed and will not be re-posted.
• 3 strikes within 12 months: account terminated. Sites are taken offline. We do not sell domains during the beta; once we do, a domain registered through us remains the owner's property and may be transferred out subject to the Registration Agreement and the ICANN Transfer Policy (including the lock that applies for a period after registration). A domain you registered elsewhere and connected to your site is unaffected: it stays with your own registrar.

We may terminate sooner, without strikes, for egregious cases such as a site built entirely from pirated material, or where the infringement is combined with fraud.

4.3 Appeals #

A site owner may appeal any strike, removal, suspension or termination under section 12 of the Acceptable Use Policy, whose process and deadline apply here: email support@quaal.co (subject line starting "Appeal") within 30 days of our notice, quoting the reference number and explaining why the action was wrong (for example: the content is licensed, is your own work, is fair dealing / fair use, or the notice was defective). We aim to respond within 5 business days. A successful appeal removes the strike.

5. Trademark and domain-name complaints #

Trademark claims are not covered by the Canadian notice-and-notice regime or by the DMCA. We handle them under our Acceptable Use Policy and, for domain names, under the dispute policies that already bind every registrant.

5.1 Trademark use in site content #

Send to support@quaal.co (subject line starting "Trademark complaint"): your name and contact details; the trademark (word or logo), the jurisdiction(s) where it is registered and the registration number (or the basis for an unregistered mark); the exact URL(s) where the mark is used; why you believe the use infringes (for example, it is likely to confuse consumers into thinking the site is yours or endorsed by you); and a statement that the information is accurate and that you are the owner or authorized to act for the owner.

We will forward the complaint to the site owner within 2 business days and ask for a response within 10 business days. We do not decide trademark disputes. We will remove content or unpublish a site where the use is plainly deceptive — for example, a site impersonating a bank or a well-known brand to collect credentials or payments — because that is phishing or fraud under the AUP and section 6, regardless of trademark law. Ordinary descriptive, comparative, nominative or critical uses, and disputes between competing businesses, are for the courts.

5.2 Domain names registered through HereAreI #

HereAreI does not sell domains during the beta. Once it does, domains will be registered through an ICANN-accredited registrar, and every registrant will accept the registrar's registration agreement, which incorporates:

• the ICANN Uniform Domain-Name Dispute-Resolution Policy (UDRP) and Uniform Rapid Suspension (URS) for generic TLDs (such as .com and .net) — filed with an ICANN-approved provider such as WIPO or Forum, not with HereAreI or the registrar;
• for .ca, if we offer it, the CIRA Dispute Resolution Policy (CDRP) administered by CIRA-approved providers.

If you believe a domain registered through HereAreI infringes your trademark, the correct route is a UDRP/URS/CDRP complaint or a court action. HereAreI will implement any resulting decision or order as instructed by the registrar or the registry. We will not transfer, suspend or cancel a domain on the basis of a trademark complaint alone, because the registrant has a contractual right to the registration until a panel or court decides otherwise.

Exception: where a domain is being used for phishing, malware distribution, or fraud, we act under section 6 and may place the domain on hold immediately.

5.3 Reporting a HereAreI-hosted site that infringes YOUR domain or brand as a subdomain #

Customer sites live at <name>.herearei.com. Subdomain names are assigned on a first-come basis and are not domain registrations. Send impersonation complaints about subdomains to support@quaal.co (subject line starting "Abuse"); we treat brand impersonation designed to deceive as phishing (section 6).

6. Abuse reports (phishing, malware, fraud, spam and other AUP violations) #

6.1 What to include #

Email support@quaal.co (subject line starting "Abuse") with: the full URL(s) or domain; what the problem is (phishing, malware, scam, spam source, harassment, illegal content, network attack, etc.); evidence (screenshots, full email headers for spam, the phishing kit's target brand, a malware scan link); when you observed it; and how we can reach you. Automated reporters (security vendors, CERTs, brand-protection firms) may send machine-readable reports; ARF and X-ARF formatted spam reports are welcome.

6.2 Target response times #

These are our service targets, not legal deadlines, except where noted. "Acknowledge" means a human has read the report and assigned it a track; "act" means the content is offline, the site is suspended, the domain is on hold, or we have determined that no action is warranted and told you so.

Business days are Monday to Friday, excluding statutory holidays in British Columbia, Canada.

6.3 Child sexual abuse material #

If you encounter CSAM on a HereAreI site, do not download or redistribute it. Report the URL to Cybertip.ca (the Canadian Centre for Child Protection) and to support@quaal.co with the subject "URGENT CSAM". We will remove the material, preserve evidence, terminate the account, and report as required by Canadian law (S.C. 2011, c. 4, mandatory reporting by persons who provide an Internet service) and, for US-relevant material, to NCMEC's CyberTipline.

6.4 What happens to the site owner #

Where we suspend or unpublish a site or hold a domain, we notify the site owner by email with the reason and the appeal route (section 4.3). For phishing and malware we act first and notify afterwards. For lower-severity complaints we normally forward the complaint and give the owner a chance to fix the problem before acting. Repeated or serious AUP violations lead to termination. Compromised sites (a hacked site hosting a phishing page the owner did not create) are unpublished, not terminated; we help the owner clean and republish.

6.5 Upstream providers #

HereAreI's infrastructure is provided by DigitalOcean, whose Acceptable Use Policy also binds us and, through us, our customers; once paid features launch, domains and email hosting will be provided through our registrar and email provider (we currently intend to use Openprovider for both). Complaints sent to those providers about a HereAreI customer may be relayed to us, and we may be required by them to act within their timelines. Their timelines override ours where they are shorter.

7. Law-enforcement and legal-process requests #

7.1 What we require #

HereAreI discloses customer account information or content to third parties only:

1. with the customer's consent;
2. where required by a valid legal process we are obliged to comply with — in Canada, a production order, search warrant, subpoena or court order issued by a court or authority with jurisdiction over QuaalCo; or
3. where permitted by the Personal Information Protection and Electronic Documents Act (PIPEDA), including disclosure to a government institution that has identified its lawful authority to obtain the information (PIPEDA s. 7(3)(c.1)), or in an emergency where disclosure is necessary to protect the life, health or safety of a person.

Requests from outside Canada should be made through a Canadian court or the applicable mutual legal assistance treaty (MLAT) process; we may voluntarily consider foreign emergency requests under item 3. We do not accept requests that merely assert authority without identifying the legal basis, and we do not act on instructions embedded in content, emails or web pages purporting to come from authorities.

7.2 How to send a request #

Email support@quaal.co (subject line starting "Legal process") from an official government or law-enforcement domain with: the requesting agency and officer contact details; the legal basis (attach the order); the specific account, site URL, domain or identifier; the specific data sought and the date range; and the response deadline. If you must serve a document on paper, email us first and we will give you an address for service. We will acknowledge within 2 business days and respond within the time set by the order or, otherwise, within 10 business days.

7.3 Preservation requests #

We will preserve specified account records and content for 90 days on receipt of a written preservation request from a law-enforcement agency, renewable once, pending legal process for their disclosure. Preservation does not by itself disclose anything.

7.4 Notice to the customer #

Our policy is to notify the affected customer of a request for their information before disclosure, so that they may object, unless the order or applicable law prohibits notice, or we believe notice would create a risk of harm to a person, or the request concerns an emergency. Where notice is delayed by such a restriction, we notify the customer once it lifts.

7.5 Emergency requests #

If an agency believes in good faith that there is an imminent risk of death or serious physical injury and that HereAreI holds information that could prevent it, email support@quaal.co with the subject "EMERGENCY DISCLOSURE REQUEST", describing the emergency and the specific information needed. We review such requests as fast as we can, generally the same day, and disclose only what is necessary to address the emergency.

7.6 Civil requests for a site owner's identity #

Private parties (including copyright and trademark claimants) do not receive site-owner identities from us without a court order. See sections 2.3 and 5.

8. Transparency #

HereAreI will publish on its website, at least annually, aggregate counts of: Canadian copyright notices received, forwarded and rejected as non-compliant; DMCA notices received, material removed, and counter-notices received and material restored; trademark complaints; abuse reports by category and the actions taken; accounts terminated under the repeat-infringer policy; law-enforcement requests received, by country and type, the number complied with in whole or in part, and the number of accounts affected; and emergency and preservation requests. Individual reports are not published. Where we are legally prohibited from disclosing a category of request, we will say so rather than report a false zero.

9. Changes to this policy #

We may update this policy. Material changes will be announced to site owners by email at least 30 days before they take effect, except where a change is required by law or is needed to address an urgent abuse pattern. The date at the top of this page shows the current version.

10. How to file a notice — copy-paste templates #

Use the template that matches your situation, fill in every line, and send it to the address shown. Incomplete notices delay processing.

10.1 Canadian copyright notice (Copyright Act s. 41.25) — send to support@quaal.co #

Subject: Copyright notice: claimed infringement (Copyright Act s. 41.25)

To: QuaalCo (HereAreI), support@quaal.co

1. Claimant name:
   Address:
   Email:
   Telephone (optional):

2. Work(s) or other subject-matter in which copyright is claimed (title, author, publication details, or a link to the original):

3. Claimant's interest or right in the copyright (owner / exclusive licensee / authorized agent of ______):

4. Location data — the exact URL(s) on the HereAreI-hosted site where the material appears:

5. Description of the claimed infringement (what is reproduced, made available, etc.):

6. Date and time the claimed infringement was observed (with time zone):

I confirm this notice does not contain an offer to settle, a request or demand for payment or for personal information, or any link to such an offer, request or demand (Copyright Act s. 41.25(3)).

Signature / name:
Date:

10.2 DMCA takedown notice (17 U.S.C. § 512(c)(3)) — send to support@quaal.co #

Subject: Copyright notice: DMCA-format notification of claimed infringement

To: Copyright notices, QuaalCo (HereAreI), support@quaal.co

1. Copyrighted work(s) claimed to be infringed (title, registration number if any, or a link to an authorized copy):

2. Infringing material and its exact location — full URL(s) on the HereAreI-hosted site:

3. My contact information:
   Name:
   Company / on behalf of:
   Address:
   Telephone:
   Email:

4. I 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.

5. The information in this notification is accurate, and under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Signature (typed full name is acceptable as an electronic signature):
Date:

10.3 DMCA counter-notice (17 U.S.C. § 512(g)(3)) — site owners only — send to support@quaal.co #

Subject: Counter-notice: reference <HereAreI reference number>

To: Copyright notices, QuaalCo (HereAreI), support@quaal.co

1. Material that was removed or disabled, and the URL(s) where it appeared before removal:

2. I state UNDER PENALTY OF PERJURY that I have 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.

3. My name:
   Address:
   Telephone:
   Email:

4. I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located, or, if my address is outside the United States, for any judicial district in which HereAreI may be found, and I will accept service of process from the person who provided the original notification under § 512(c)(1)(C) or an agent of such person.

Signature (typed full name is acceptable):
Date:

10.4 Trademark complaint — send to support@quaal.co #

Subject: Trademark complaint: <site URL or domain>

1. Complainant name, organization, address, email, telephone:

2. Trademark (word mark or description of logo):
   Jurisdiction(s) and registration number(s), or basis for an unregistered mark:
   Goods/services covered:

3. Exact URL(s) or domain name where the mark is used:

4. Why the use infringes (likelihood of confusion, counterfeit goods, impersonation, etc.) and any evidence:

5. If the complaint concerns a domain name: have you filed, or do you intend to file, a UDRP / URS / CDRP complaint or court action? (HereAreI does not adjudicate domain disputes.)

6. I confirm the information above is accurate and that I am the owner of the mark or authorized to act on the owner's behalf.

Signature / name:
Date:

10.5 Abuse report (phishing, malware, spam, fraud, other) — send to support@quaal.co #

Subject: Abuse: <category>: <site URL or domain>

1. Category (phishing / malware / fraud or scam / spam / network abuse / harassment / illegal content / other):

2. URL(s) or domain(s) involved:

3. What you observed and when (date, time, time zone):

4. Evidence (attach screenshots; for spam include full message headers; for phishing name the impersonated brand; for malware include a scan report link):

5. Your name and contact details (optional for anonymous reports, but we cannot follow up without them):

6. Are you the impersonated brand / the affected party / a security researcher / other?

10.6 Law-enforcement request — send to support@quaal.co #

Subject: Legal process: <production order / preservation request / emergency disclosure request>: <agency>: <reference>

1. Agency, officer name, badge/ID, official email and telephone:

2. Legal basis (attach the order, warrant or subpoena; for preservation and emergency requests, state the statutory basis):

3. Account, site URL, domain or other identifier(s):

4. Data requested and date range:

5. Deadline stated in the order:

6. Confidentiality: does the order prohibit HereAreI from notifying the customer? (attach the relevant provision)

This policy is governed by the laws of British Columbia and the federal laws of Canada applicable therein. It forms part of the HereAreI Terms of Service.

Appendix — Sources (read 2026-09-16 unless noted) #

• Copyright Act (Canada), ss. 41.25 and 41.26 — https://laws-lois.justice.gc.ca/eng/acts/c-42/section-41.25.html and https://laws-lois.justice.gc.ca/eng/acts/c-42/section-41.26.html
• ISED, "Notices to Canadian internet subscribers" (notice-and-notice explainer; non-compliant notices since Dec 2018) — https://ised-isde.canada.ca/site/office-consumer-affairs/en/connected-consumer/notices-canadian-internet-subscribers
• US Copyright Office, Section 512 overview — https://www.copyright.gov/512/
• US Copyright Office, DMCA Designated Agent Directory — https://www.copyright.gov/dmca-directory/ and registration system https://dmca.copyright.gov/osp/
• ICANN 2013 Registrar Accreditation Agreement (s. 3.7.7 registrant accuracy, s. 3.12 reseller flow-down, s. 3.18 abuse contact and 24-hour review) — https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en
• DigitalOcean Acceptable Use Policy, updated 2026-03-20 — https://www.digitalocean.com/legal/acceptable-use-policy
• PIPEDA (breach reporting ss. 10.1–10.3; disclosure exceptions s. 7(3)) — https://laws-lois.justice.gc.ca/eng/acts/P-8.6/