NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), all
notifications of claimed copyright infringement on the AFRISERVER.
AFRISERVER system or Web site should be sent ONLY to our Designated
Agent.
NOTE: The Following Information is provided solely for notifying AFRISERVER that your copyrighted material may have been infringed.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT
THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL
PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS
FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT
OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR
MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR
PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G.,
REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF
E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A
RESPONSE IF SENT TO THAT CONTACT.
Written notification must be submitted to the following Designated Agent:
AFRISERVER
INC.
INTELSOFT LIMITED
General Counsel
Box 4399 - 00506
Nairobi - Kenya
E-mail: legal@afriserver.com
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include ALL of the following:
- Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
- Identification of the material that is claimed to be
infringing that should be removed or access to disabled and information
reasonably sufficient to enable the online service provider to locate
the material (usually a URL to the relevant page).
- Information reasonably sufficient to allow the online
service provider to contact the complaining party (address, phone
number, e-mail address).
- 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."
- Statement that the information in the notice is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the copyright owner.
- Upon receipt of notification of a claimed infringement,
AFRISERVER will respond expeditiously to remove, or disable access to, the
material that is claimed to be infringing or to be the subject of
infringing activity, regardless of whether the material or activity is
ultimately determined to be infringing; if selective action is not
possible, AFRISERVER will terminate the alleged infringer's Internet
access.
AFRISERVER will also take reasonable steps to promptly notify the
alleged infringer in writing of the claim against him or her, and that
it has removed or disabled access to the material (see Sections
512(c)(1)(C) and (g) of the DMCA).
Upon receipt of notice from AFRISERVER that a claim of infringement has
been made and/or that the material has been removed or that access to
it has been disabled, the Subscriber may provide a Counter
Notification.
To be effective, a Counter Notification must meet ALL of the following requirements:
- It must be a written communication;
- It must be sent to the Service Provider's Designated Agent;
- It must include the following:
- A physical or electronic signature of the Subscriber;
- 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;
- 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;
- The Subscriber's name, address, and telephone
number, and a statement that the Subscriber consents to the
jurisdiction of Federal District Court for the judicial district in
which the Subscriber's 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.
Upon receipt of a Counter Notification from the Subscriber containing the information as outlined above, AFRISERVER will:
- Promptly provide the Complaining Party with a copy of the Counter Notification
- Inform the Complaining Party that it will replace the removed
material or cease disabling access to it within ten (10) business days
following receipt of the Counter Notice;
- Replace the removed material or cease disabling access to the
material in not less than ten (10), nor more than fourteen (14),
business days following receipt of the Counter Notice, provided Service
Provider's Designated Agent has not received notice from the
Complaining Party that an action has been filed seeking a court order
to restrain Subscriber from engaging in infringing activity relating to
the material on Service Provider's network or system.
CAUTION: Pursuant to Title 17, Section 512(f) of the United States
Code, any person who knowingly materially misrepresents that material
or activity is infringing, or that material or activity was removed or
disabled by mistake or misidentification, shall be liable for any
damages, including costs and attorneys' fees, incurred by the alleged
infringer, by any copyright owner or copyright owner's authorized
licensee, or by a service provider, who is injured by such
misrepresentation, as the result of the service provider relying upon
such misrepresentation in removing or disabling access to the material
or activity claimed to be infringing, or in replacing the removed
material or ceasing to disable access to it.
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