Digital Millennium Copyright Act (“DMCA”) Notice
iWireless provides transitory digital network communications service as defined under the DMCA, 17 U.S.C. § 512(a). As a provider of transitory digital network communications services, iWireless is protected from claims of online copyright infringement pursuant to the safe harbor in 17 U.S.C. § 512(a). Furthermore, the company is not required to remove or block access to materials transmitted through iWireless’s network that is initiated by or at the direction of a person other than iWireless.
DMCA Copyright Infringement Notices
To the extent that a party in good faith believes that iWireless has infringed on his/her copyrighted material, such party may send iWireless written notice that includes the following information (see 17 U.S.C. § 512(c)(3)):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) 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 the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices can be emailed to iWireless at email@example.com, or mailed to the following address:
Iowa Wireless Services
Attn: Regulatory Manager
4135 NW Urbandale Drive
Urbandale, IA 50322
It is iWireless’s policy to terminate services to any subscriber or user that has been determined to be a repeat infringer of third-party intellectual property rights.
Counter-Notifications to Copyright Infringement Claims
Parties that believe a copyright infringement notification has been wrongly filed against them may send iWireless a counter-notification that contains the following information (17 U.S.C. § 512(g)(3)):
(A) A physical or electronic signature of the subscriber;
(B) 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;
(C) A statement under penalty of perjury that the subscriber has 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
(D) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.