DIGITAL MILLENNIUM COPYRIGHT ACT

Notification of Claimed Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the IIJ America Inc. (“IIJA”) system or Web site should be sent ONLY to IIJA Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING IIJA THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Written notification must be submitted to the following Designated Agent:

IIJ America Inc.
ATT: CPO
55 East 59th Street Suite, 18C
New York NY, 10022
copyright@iij-america.com
Fax: 212-869-8267

Under Title 17, United States Code, Section 512(c)(3)(A), the notification of a claimed copyright infringement must be provided via email or regular mail to IIJA and must include the following information:

  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, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. 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 IIJA to locate the material.
  4. Information reasonably sufficient to permit IIJA to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  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.
  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.

IIJA will also take reasonable steps to promptly notify the alleged infringer in writing of the claim against him or her, and that it has removed or disabled access to the material or terminated Internet access (see Sections 512(c)(1)(C) and (g) of the DMCA).

Counter notification to Claimed Copyright Infringement

If a notice of copyright infringement has been filed against you, you may file a counter notification with IIJA's designated agent at the address listed above. To be effective, a Counter Notification must meet the following requirements:

  1. It must be a written communication;
  2. It must be sent to the IIJA's Designated Agent;
  3. It must include the following:
    • Your physical or electronic signature of ;
    • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
    • A statement, under penalty of perjury, that you 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;
    • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which IIJA may be found, and that you will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification from you containing the information as outlined above, IIJA will:

  1. Promptly provide the person who has filed the notice of copyright infringement (“Complaining Party”) with a copy of the Counter Notification;
  2. Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days following receipt of the Counter Notice;
  3. Replace the removed material or cease disabling access to the material in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notice, provided IIJA's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain you from engaging in infringing activity relating to the material on IIJA's network or system.

Revised December 2008

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