Digital Millennium Copyright Act

zConnect's policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. Specifically, when we receive a notice of infringement that complies with the form specified below, we will take the following actions:

1. Upon receipt of a notice of infringement, we will promptly make a good-faith attempt to contact the owner or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act.
2. We will request that our subscriber remove the accused materials voluntarily within 24 hours (primarily to allow our subscriber to adjust the appearance of their website to their own satisfaction).
3. If the accused material still appears on our subscriber's website after 24 hours, we will act to block access to the accused material in accordance with the terms of the Digital Millennium Copyright Act.

It is our policy to document all notices of alleged infringement on which we act. A copy of the notice may be sent to a third party who will make it available to the public.

Notification Procedure

To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email) that sets forth the items specified below. Note that Section 512(f) provides penalties for knowing material misrepresentations in either a notice or a counter notice. Any person who knowingly misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorney's fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider.

To expedite our ability to process your request, please use the following format:

1. Identify in reasonable detail the copyrighted work that you believe has been infringed.

   For example, "The copyrighted work at issue is the text that appears on www.somesite.com/somepage.html."

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

   For example, "The infringing material is the text that appears on www.hostedsite.com/page.html"

3. Provide information reasonably sufficient to permit zConnect to contact you (preferably an email address).

4. Provide information, if possible, to permit zConnect to notify the owner/administrator of the web page that allegedly contains infringing material (preferably an email address).

5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."

6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

7. Sign the paper.

8. Send the written communication to the following address:

   zConnect
   DCMA Complaints
   800 Kennesaw Ave, Ste 140
   Marietta, GA 30060

   Alternatively, you may fax the notification to us at:

   770 234-6721
   

Counter Notification

The administrator of an affected site may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the material in question within 10-14 business days unless our designated agent first receives notice from the person who submitted the original notification under section 512(c)(1)(C) that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf.

To expedite our ability to process your counter notification, please use the following format:

1. Identify the specific URLs of material that zConnect has removed or to which zConnect has disabled access.

Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Atlanta, Georgia if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
2. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each item identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

3. Sign the paper.

4. Send the written communication to the following address:

   zConnect
   DCMA Counter Notifications
   800 Kennesaw Ave, Ste 140
   Marietta, GA 30060

   Alternatively, you may fax the notification to us at:

   770 234-6721
   

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NOTE: This policy and procedure was amended on August 19, 2004, as follows:

• Our procedure for notifying subscribers was modified to specify that we will request that the subscriber remove the accused materials voluntarily within 24 hours. If the accused material still appears after 24 hours, we will act to block access to it.
  
• The time frame for reinstating blocked materials upon receipt of a counter notification was modified to specify that the materials would be reinstated within 10-14 business days as long as our designated agent has not received an injunction from the person who submitted the original notification
  
• The address for submitting notifications was updated.
  

Posted by WebWiz at August 17, 2004 01:03 PM