Overview
The Digital Millennium Copyright Act of 1998 (the “DMCA,” 17 U.S.C. § 512) allows owners of copyrighted works who believe their rights have been infringed to report the alleged infringement (a “Notification”) to service providers such as Conxxus. Once Conxxus receives a Notification, it has certain obligations under the DMCA. Consistent with the DMCA and other applicable law, Conxxus maintains a policy of terminating service, under appropriate circumstances, for customers who are repeat infringers or whose Service is used repeatedly for infringement. Conxxus may terminate a customer’s Service under this policy at any time, with or without notice, and this policy does not limit any other rights Conxxus may have.
Designated Agent
DMCA Notifications and counter-notifications should be directed to Conxxus’s designated agent:
Conxxus
Attn: Legal Department
8 S. Washington Street
PO Box 555
Sullivan, IL 61951
E-mail (Notifications and counter-notifications): abuse@conxxus.com
E-mail (general DMCA questions): dmca@conxxus.com
Filing a Notification
Under DMCA subsection 512(c)(3), a Notification must be in writing and include substantially the following: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf; (b) identification of the copyrighted work claimed to be infringed, or a representative list if multiple works at a single site are covered by one Notification; (c) identification of the material claimed to be infringing, with information reasonably sufficient for Conxxus to locate it; (d) contact information reasonably sufficient for Conxxus to reach the complaining party, such as an address, telephone number, and email address; (e) a statement of good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information is accurate and that the complaining party is, or is authorized to act on behalf of, the owner of the right allegedly infringed.
Our Response to a Notification
After receiving a Notification alleging that infringing material resides on Conxxus’s network, Conxxus will, to the extent required by law, remove or disable access to the material and take reasonable steps to promptly notify the affected customer. After receiving Notifications reflecting repeated infringement through unauthorized file sharing, including peer-to-peer sharing, associated with a specific account, Conxxus will take action to prevent continued infringement, which may include temporary or permanent termination of the account. Anyone who knowingly misrepresents that material is infringing may be liable under the DMCA to Conxxus, the alleged infringer, and the copyright owner for resulting damages.
Filing a Counter-Notification
A customer may submit a counter-notification under DMCA subsection 512(c)(1)(C) to Conxxus’s designated agent. It must be a written communication that includes substantially the following: (a) a physical or electronic signature of the customer; (b) identification of the material removed or disabled and its location before removal; (c) a statement, under penalty of perjury, of the customer’s good-faith belief that the material was removed or disabled as a result of mistake or misidentification; and (d) the customer’s name, address, and telephone number, together with a statement consenting to the jurisdiction of the federal district court for the district where the service address is located and agreeing to accept service of process from the Notification’s sender or that person’s agent.
After receiving a compliant counter-notification, Conxxus will forward it to the copyright owner. If the copyright owner notifies Conxxus that it has filed an action seeking a court order against the customer, the material will remain blocked pending resolution of that action. If Conxxus does not receive such notice, Conxxus will inform the customer that the material may be replaced and will take steps to restore access.