Welcome to (the “Site”). We respect the intellectual property rights of others just as we expect others to respect our rights. This policy outlines our procedures for handling copyright infringement claims in both Canada and the United States, in compliance with applicable laws in each jurisdiction.
Overview
We operate in compliance with both:
- The Digital Millennium Copyright Act (DMCA) in the United States (Title 17, United States Code, Section 512(c))
- The Notice and Notice regime under Canada’s Copyright Act (Sections 41.25 and 41.26)
As an internet service provider, we are entitled to claim immunity from infringement claims pursuant to the “safe harbor” provisions of applicable copyright laws in both jurisdictions.
United States – DMCA Takedown Notice Procedure
Pursuant to the Digital Millennium Copyright Act, a copyright owner or their agent may submit a takedown notice to us. To submit a good faith infringement claim under US law, you must submit notice that sets forth the following information:
Notice of Infringement – Claim (United States)
- A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
- Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
- A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
- 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 copyright owner.
Important: Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).
Counter Notification – Restoration of Material (United States)
If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):
- Your physical or electronic signature.
- A description of the material that has been taken down and the original location of the material before it was taken down.
- 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.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person or company who provided the original infringement notification.
Canada – Notice and Notice Procedure
Pursuant to sections 41.25 and 41.26 of the Canadian Copyright Act, copyright owners may send a notice of claimed infringement that will be forwarded to users. To submit a valid notice under Canadian law, you must provide the following information:
Notice of Claimed Infringement (Canada)
A notice of claimed infringement must be in writing and shall contain:
- The claimant’s name and address and any other particulars that enable communication with the claimant;
- Identification of the work or other subject-matter to which the claimed infringement relates;
- A statement of the claimant’s interest or right with respect to the copyright in the work or other subject-matter;
- The location data for the electronic location to which the claimed infringement relates (e.g., URL or IP address);
- Specification of the infringement that is claimed;
- The date and time of the commission of the claimed infringement; and
- Any other information that may be prescribed by regulation.
Prohibited Content in Canadian Notices
Under Canadian law, a notice of claimed infringement shall NOT contain:
- An offer to settle the claimed infringement;
- A request or demand, made in relation to the claimed infringement, for payment or for personal information;
- A reference, including by way of hyperlink, to such an offer, request or demand; and
- Any other information that may be prescribed by regulation.
Our Obligations Under Canadian Law
Upon receiving a valid notice of claimed infringement, we will:
- Forward the notice electronically to the person to whom the electronic location belongs as soon as feasible;
- Inform the claimant that the notice has been forwarded or, if applicable, the reason why it was not possible to forward it;
- Retain records that will allow the identity of the person to whom the electronic location belongs to be determined for:
- Six months from the day the notice is received, or
- One year from the day the notice is received if the claimant commences legal proceedings and notifies us within the initial six-month period.
Note: Under the Canadian system, we are not required to remove content based solely on a notice of claimed infringement. The notice serves to inform the alleged infringer of the claim.
Submission of Notices
For US DMCA takedown notices: Send all takedown notices through our Contact page or by email for prompt attention.
For Canadian infringement notices: Submit notices through our Contact page or by email, ensuring all required information under section 41.25 of the Copyright Act is included.
Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand, accept and agree that your identity and claim may be communicated to the alleged infringer.
Repeat Infringer Policy
We take copyright infringement very seriously in both jurisdictions. We maintain appropriate policies for dealing with repeat infringers:
United States
Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, we maintain a list of DMCA notices from copyright holders and make a good faith effort to identify any repeat infringers. Those that violate our internal repeat infringer policy will have their accounts terminated.
Canada
While Canadian law does not mandate a specific repeat infringer policy, we may, in appropriate circumstances and at our discretion, terminate or restrict accounts of users who repeatedly infringe copyright or are repeatedly subject to valid infringement notices.
Statutory Damages and Penalties
United States
Under 17 USC §512(f), knowingly material misrepresentation in a DMCA notice may result in liability for damages, costs, and attorney fees.
Canada
- If we fail to properly respond to a valid notice of claimed infringement, the copyright owner may be entitled to statutory damages between CAD $5,000 and CAD $10,000.
- We cannot charge any fee for performing our obligations under the notice and notice regime unless a maximum fee is fixed by regulation (currently, no such fee has been established).
Modifications
We reserve the right to modify the contents of this policy and our procedures for handling copyright claims at any time for any reason. You are encouraged to check back to review this policy frequently for any changes.
Contact Information
For copyright-related inquiries or to submit notices, please contact us through our designated channels as outlined above. Ensure that you specify whether you are submitting under US DMCA procedures or Canadian Notice and Notice procedures, and include all required information for the applicable jurisdiction.
This policy is designed to comply with copyright laws in both Canada and the United States. For specific legal advice regarding copyright matters, please consult with qualified legal counsel in the appropriate jurisdiction.