Digital Millennium Copyright Act Policy
The Digital Millennium Copyright Act (42 U.S.C § 512 et seq) (“DMCA”) sets forth the following requirements for notifying online service providers of alleged copyright infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please send notice of your claim to:
Attention: Sr. Vice President, Legal Services
One Enterprise Avenue North
Secaucus, NJ 07094
Email Address of Designated Agent: email@example.com
Internap Corporation (INAP) will expeditiously remove content that is the subject of a notice prepared in accordance with the DMCA. To be effective, your notice of copyright infringement must be written and must include the following information. For more details on the information required for valid notification, see 17 U.S.C. § 512(c) (3):
i. Your signature (physical or electronic) or the signature of a person authorized to act on your behalf;
ii. Identification of the copyrighted work that you claim has been infringed;
iii. Identification of the material that is claimed to be infringing as well as information reasonably sufficient to permit INAP to locate the material;
iv. Information reasonably sufficient to permit INAP to contact you, such as an address, telephone number, and, if available, an electronic mail address;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent or the law; and
vi. A statement that, under penalty of perjury, the information in the notification is accurate and that under penalty of perjury you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages as a result of the removal or blocking of the material, court costs and attorneys’ fees.
Counter Notification. Users who have been the subject of a DMCA copyright notice may write a counter notification under 17 U.S.C. § 512(g) (3). Users should be aware that, under the DMCA, they may be liable for damages if they materially misrepresent that a product or activity is not infringing the copyright(s) of another, court costs and attorneys’ fees. To file a counter notification with INAP, please provide a written communication to INAP’s Designated Copyright Agent (address provided above) that sets forth the following items:
i. A physical or electronic signature of the User;
ii. Identification of the material that has been removed or disabled, and its prior location;
iii. A statement, under penalty of perjury, that the User has a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification;
iv. The User’s name, address and telephone number(s);
v. A statement that the User consents to the jurisdiction of the federal district court for the judicial district in which the User’s address is located, or, if the User’s address is outside of the United States, for any judicial district in which INAP may be found; and
vi. A statement that the User will accept service of process from the complainant or the complainant’s agent.
Upon receipt of a valid counter-notification, INAP will provide the complaining party with a copy of the counter-notification. The complaining party then has 10 business days to notify the Designated Copyright Agent that it has filed a request for a court order to restrain the infringing activity.