INTELLECTUAL PROPERTY INFRINGEMENT
Intermax subscriber account holders are responsible to ensure that the Service may not be used to upload, post, route, transmit, link or otherwise make available on or via the Intermax Networks Internet service any material protected by copyright in a manner that infringes that copyright. Account holders should be aware that they may be legally liable for personally engaging in any such activity or permitting
others using their Service to engage in such activities. In addition to the Repeat Infringer Policy detailed below.
Intermax residential subscribers who are alleged to have engaged in activity that may constitute copyright infringement will receive a notice alerting them each time that such activity has been detected in connection with their account and requesting that they take steps to ensure that any infringement stops. Click here to view a sampling of those notices.
In response to allegations of copyright infringement against a subscriber for which Intermax receives appropriate notice, Intermax will provide the subscriber with information about the alleged infringement and ways in which the subscriber can secure their wireless network and access legal content. We may also ask that the subscriber acknowledges that he or she will cease any conduct that is infringing. If the allegedly infringing activity continues, additional actions may include significant reductions in Service connection speeds until Intermax is contacted by the subscriber. However, the subscriber will be given advance notice prior to us taking any such step. The subscriber will also have the ability to challenge notices received.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), Intermax’ policy is to terminate, in appropriate circumstances, the Intermax Internet service of any subscriber who is a repeat infringer. If you believe that an Intermax Networks subscriber has repeatedly infringed your copyrighted materials using the Intermax Internet service, please contact Intermax at firstname.lastname@example.org with information sufficient to show that the subscriber is a repeat copyright infringer and that appropriate circumstances exist for Intermax to terminate the service of the subscriber.
Reservation of Rights
These policies do not affect any other rights that Intermax Networks may have under law or contract. All such rights are expressly reserved by Intermax Networks.
DMCA Notices and Counter-Notices
The DMCA provides recourse for copyright owners who believe that that material appearing on the Internet infringes their rights under U.S. copyright law. Specifically, if you believe in good faith that material infringing your rights resides on the Intermax Networks Internet service by reason of storage at the direction of any user, or that such infringing material is at an online location that is referred or linked to
via an information location tool (such as a directory, index, reference, pointer or hypertext) made available as part of the Intermax Networks Internet service, you (or your agent) may sent to Intermax Networks a notice requesting that the material be remove or access to it blocked. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement against you, the DMCA permits you to send to us a counter-notice. Notices and counter-notices should be sent to Intermax Networks’ designated copyright agent (see below), and must meet the following requirements:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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 Intermax Networks to locate the material.
- Information reasonably sufficient to permit Intermax Networks 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.
- 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.
- 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.