Domain Name Revocation and Termination

Having read the following terms:

Revocation and Termination . Cloudflare and Registry Operator may deny, cancel, suspend, transfer, redirect or modify the Registrar Services or a Registration, or place any domain name(s) on lock, hold or similar status, as either deems necessary, in the unlimited and sole discretion of either Cloudflare or the Registry Operator for any of the following reasons: (i) to correct prior mistakes; (ii) to protect the integrity or stability of Registrant, Cloudflare and/or the Registry Operator; (iii) to comply with any applicable laws, government rules, regulations or requirements, or requests of law enforcement; (iv) to comply with an applicable dispute resolution process; (v) to prevent any civil or criminal liability; (vi) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs); or (vii) if domain name use is abusive or violates Registry Policies. Abusive use of a domain is described as an illegal, disruptive, malicious or fraudulent action and includes, without limitation, distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law. Cloudflare may also suspend the Registrar Services and/or terminate this Agreement upon a material breach of this Agreement by Registrant. Cloudflare shall not be liable to Registrant for any loss or damages that may result from Cloudflare’s refusal to register, or the cancellation, suspension, transfer or modification of a Registration. Registrant agrees and acknowledges that the Registration may be subject to suspension, cancellation, or transfer pursuant to a Cloudflare, Registry Operator, ICANN or government-adopted specification or policy, or pursuant to any registrar or Registry Operator procedure not inconsistent with any of the foregoing specifications or policies.

Am I correct in thinking any report of trademark or copyright infringement (accidental or not) will result in the loss of a domain name with Cloudflare?

I’m not Cloudflare, but it does say they “may” do it. Written by lawyers.

I doubt Cloudflare is going to run around terminating your registrations for no good reason. It’s bad for business. But if you’re doing something stupid, you’re on your own.

I’m not doing something stupid…

I run a support forum and have done since 2013, during that time we have never received any DMCA complaints (I plan on keeping it that way). We are fully GDPR compliant and have a clear and easy to follow DMCA notice.

When running a site such as ours, a forum or blog, you’re always at risk from users posting something that may be copyrighted (this very post here could be copyrighted if I post it’s exact contents on another forum first). however, it doesn’t mean that the owners should have their domain name held hostage or deleted in such instances, unless of course, they clearly refuse to remove any copyright infringement.

We require the following information when reporting any copyright infringement:

  • An electronic signature of the copyright owner or a person authorised to act on their behalf;
  • An identification of the copyright claimed to have been infringed;
  • A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit DOMAIN NAME to find and positively identify that content; for example we require a link to the specific forum post (not just the name of the forum) that contains the content and a description of which specific portion of the forum post – an image, a link, the text, etc – your complaint refers to;
  • Your name, address, telephone number and email address; and
  • A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorised by law, or by the copyright owner or such owner’s agent; and (b) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorised to act on their behalf.

What information does cloudfare request? There doesn’t appear to be any information on how they verify any copyright breach.

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Here’s what Cloudflare asks for (quick google search for “Cloudflare dmca”):
https://support.cloudflare.com/hc/en-us/articles/200167716-How-do-I-file-a-DMCA-complaint-
note that if copyrighted content is found on the website, Cloudflare usually just forwards the complaint to the web host themselves since neither Cloudflare (the cache) nor the domain is in direct violation of someone’s copyright.

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Thanks for the link and Cloudflares requirements are satisfactory. I guess that needs updating then now that Cloudflare are a registrar? That article states that they will merely disclose the name of the web host used by the website (that breaches copyright) that is using Cloudflare. It’s fine providing the domain of such site isn’t registered via Cloudflare. If it is, then as the terms and conditions under the registrar agreement come into force? So rather than just disclose the name of the host, Cloudflare take responsibility and as such need to take action rather than simply disclose the web host used?