Reporting Copyright Infringement

Flexible Internet has a strict policy governing the hosting of information using our service. This governs the use of our content hosting services only, and is not applicable to our network communications.

Flexible Internet respects the rights of copyright holders to license their material to any party they choose. Our Acceptable Usage Policy explicitly prohibits the hosting of any material that infringes the copyright of another person or entity. Users found to be willfully in violation of this portion of our AUP are subject to service suspension and/or termination without refund of any fees paid.

Before proceeding with the process outlined below, Flexible Internet encourages you to carefully consider the potential ramifications of following this process, which is outlined in Title 2 of the DMCA. It would be wise to contact the infringing party directly and work out a solution before attempting remedy though this process. There are significant potential liabilities for anyone who makes a sworn claim to us for the purpose of suspending or terminating the service of our subscribers. With this in mind, here is the process that must be followed to claim infringement and have Flexible Internet take action:

As a service provider, it is our responsibility to give due diligence to all parties in a copyright dispute. This includes both the claimant (claimed holder of the copyright) and the subscriber (claimed infringer who is our customer). Any copyright infringement claim is an issue between the claimant and the subscriber. Flexible Internet will take action in accordance with Section 512(c)(3) of the Copyright Act.

To request service suspension for a customer that is infringing upon a copyright that you hold, you MUST provide the following information to Flexible Internet:

• A written statement claiming the infringement is originating from our servers.
• A list describing the elements of the content that is violating your copyright.
• The date that the infringement was first detected by you.

The written statement must contain wording that you attest to the infringement under penalty of perjury. E-mail notification is not sufficient for this purpose. The written letter must be signed by you or an authorized agent of your company to attest to the validity of your claim. This letter can be faxed to us by contacting our designated agent (see below).

Upon receipt of this notice and verification that it meets the requirements outlined in 512(c)(3), Flexible Internet will take the appropriate actions regarding prevention of access to the material, and notify the subscriber of your claim, providing them a copy of your written statement. Under the DMCA, the subscriber has the right to refute your claim with a similar written notification that your claim is being made in error, either a mistake or misidentification. They are not required to provide proof of their claim, only attest to it under penalty of perjury.

Under the law, if the subscriber provides a counter claim that the material is legitimate, Flexible Internet is required to make the material available within 10-14 business days after receipt of the counter notification, and will do so immediately. At this point, you must seek a court order to have Flexible Internet prevent access to the material.

In no way is Flexible Internet liable to either party for damages occurring as a result of compliance with this policy or federal copyright law. Please see section 512(f) of the Copyright Act for information on liability. You can also view a copy of the DMCA of 1998 at http://lcweb.loc.gov/copyright/legislation/dmca.pdf. Flexible Internet is not responsible for the validity of the material contained at this link.

Our designated agent who is the contact for all matters concerning infringement, remedy, and handles all copyright infringement claims is: