Abuse Policy
Abuse reported to registrars and web hosting service providers commonly includes complaints for practices such as intellectual property (including copyright and trademark) infringement, libel, harassment, malware, spam, phishing, and other matters.
Not all complaints received by MODA are valid complaint communications that will require corrective action. Examples include but are not limited to the following cases and scenarios:
- If MODA cannot confirm, verify, or determine the substance of the complaint with specificity, MODA will be unlikely to take any corrective action.
- If MODA cannot verify the complainant’s identity or authenticate the complaint or any of its supporting evidence, it may take no corrective action.
- Activities outside MODA’s prescribed prohibited uses of its services are not subject to corrective action.
- Incomplete or misdirected complaints may cause slower response times to legitimate and correctly submitted complaints.
MODA’s policy is to share all information received in connection with properly submitted complaints with its customers, except where otherwise required by law.
1. General Policy on Non-Censorship and Free Expression
MODA does not and will not knowingly assist its registrants or other customers in the commission of acts that are unlawful or violate its Terms of Service. Please follow the guidelines below when reporting abuse so that MODA can effectively investigate and respond to your complaint.
2. Web Hosting Versus Domain Name Services
MODA’s chief services are domain name services and web hosting services.
Website hosting and content publishing are distinct from domain name registration, management, and transfer services. Hosting and publishing activities are governed by different laws than domain management. Therefore, complaints about website hosting and content should be directed first to the host or publisher.
MODA’s service offerings fall into one of three categories:
- MODA domain service registrants/customers who also utilize MODA’s web hosting services.
- MODA domain service registrants/customers who do not utilize MODA’s web hosting services.
- MODA web hosting service customers who obtain domain services elsewhere.
To determine whether MODA is the domain name registrar, visit MODA Whois or use a domain hosting checker.
In cases where MODA is merely serving as the domain name registrar, MODA’s means and access to content may be very limited. Complainants should first address their complaints with the website host or other content publisher.
3. Procedure for Reporting Abuse
The following list explains the most common types of abuse we investigate and the required evidence we expect from you to support our investigation:
Type of Abuse and Description: Child Abuse is adult content depicting minors (someone under 18 years of age). Useful Evidence: Notes and Advice: |
Type of Abuse and Description: Copyright/DMCA is content protected by copyright being published online without authorization. Useful Evidence: Notes and Advice: |
Type of Abuse and Description: Email Abuse / Spam is unsolicited commercial bulk email, including spamvertising. Useful Evidence: Notes and Advice: |
Type of Abuse and Description: Fraud involves deception for monetary or personal gain. Useful Evidence: Notes and Advice: |
Type of Abuse and Description: Phishing aims to acquire sensitive information using fake websites. Useful Evidence: Notes and Advice: |
Type of Abuse and Description: Illegal Pharmacy involves the sale of medication without a valid prescription. Useful Evidence: Notes and Advice: |
Type of Abuse and Description: Malware refers to software used to disrupt or gain unauthorized access to systems. Useful Evidence: Notes and Advice: |
Type of Abuse and Description: Hacking Activity includes network attacks such as brute force or denial-of-service attacks. Useful Evidence: Notes and Advice: |
Type of Abuse and Description: Trademark Infringement is the unauthorized use of a trademark. Useful Evidence: Notes and Advice: |
Type of Abuse and Description: Whois Inaccuracy involves incorrect or outdated contact details in Whois. Useful Evidence: Notes and Advice: |
Type of Abuse and Description: Abuse Reports cover inappropriate content such as identity theft or defamation. Useful Evidence: Notes and Advice: |
Essential Information for Abuse Complaints
Who is Reporting the Abuse?
- Contact details
- Your relationship to the complainant (if applicable)
- Your authority to act for the complainant
What is Being Reported?
Describe the abuse, including its context, extent, severity, and kind of harm.
Provide details on how the abuse can be recreated or revisited (e.g., direct link, steps required).
Include any previous actions taken, such as contacting the web host or publisher.
Where is the Content Found?
- Domain name and subdomains
- Specific URLs
- Names and legal jurisdiction of the registrar, hosting provider, and domain owner
When Did the Abuse Occur?
- Date and time of first awareness
- Duration and whether it is ongoing
- Registration date of the domain or site
Why Are You Reporting the Abuse?
- Are you the victim?
- Is someone else being harmed?
- Is the abuse criminal in nature?
- Are you requesting suspension, nameserver change, or transfer lock?
Evidence to Support the Complaint
- Direct links to abusive content
- Legible screenshots
- Correspondence history with other registrars, hosting providers, domain owners
- Court or administrative orders
Phishing, Spam & Malware
Some abuses result from bad actors hijacking legitimate domains.
Phishing
Provide the name of the domain or brand being impersonated.
Include an example of the phishing email with full headers.
Spam
Provide an example email, including full headers.
Malware
Provide descriptive evidence of malware distribution.
Intellectual Property Infringement – Trademark
If the domain name infringes a trademark, review ICANN’s UDRP or URS procedures.
Alternatively, a legal court order may be required for action.
Intellectual Property Infringement – Copyright & DMCA
Copyrighted material is protected under the DMCA.
DMCA Complaint
- Confirm validity and compliance with Section 512
- Notify the MODA customer
- Temporarily remove content if no response
- Allow counter-notice submission
DMCA Counter-Notice
The accused party may respond within 10 business days.
If no legal action follows within 14 business days, access must be restored.