Digital Millennium Copyright Act Notices
Created: July 17, 2020|Last updated: August 04, 2020

Digital Millennium Copyright Act Notices

Zenlayer is committed to respecting the intellectual property of others and responding to effective notices of alleged infringement of copyrighted material to ensure compliance with applicable laws including international treaties and laws of various countries where Zenlayer provides services.

In those circumstances where the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c) ("DMCA") is applicable, it is our policy to quickly notify the customer that is the subject of a correctly prepared notice under section 512(c). We have included the elements of a DMCA notice below, and have also prepared some sample language to assist you in preparing a correct DMCA notice. We will forward your notice to our customer. It is our policy to provide our customers 48-hours to reply with a confirmation of receipt of the notice and the rectification of the infringing content.  

We encourage you to consult a lawyer before submitting a notice of copyright infringement. Copyright laws may allow a person to use a work in certain ways without the copyright owner's permission. Please note that Section 512(f) of the DMCA states that any person who knowingly materially misrepresents in a DMCA notice that content is infringing shall be liable for damages, including costs and attorneys' fees incurred by the alleged infringer.

DMCA Notice

To be an effective notice under Section 512(c) of the DMCA your written notice must include all of the following:

  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 Zenlayer to locate the material;
  4. Information reasonably sufficient to permit Zenlayer 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; and
  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.

If you believe your copyright is being infringed by content hosted on the Zenlayer network, please send a written notice to the address below. Emails will be filtered through our automated system so please ensure that email body has the proper information including any PDF attachment. We encourage all complaints be sent through postal mail. 

Counter Notices
If material that you have posted to a system or network controlled or operated by or for Zenlayer has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the address listed below that includes the following:

  1. A physical or electronic signature of the subscriber;
  2. 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;
  3. 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; and
  4. 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 the address is located or, if your address is outside of the United States, for any judicial district in which IBM may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

 

All written notices should be sent to the following Designated Agent:

Designated Agent: GSC-US

Address: 21680 Gateway Center Drive Suite 350, Diamond Bar, CA 91765

Email:  abuse@zenlayer.com