network access

i/o Data Centers is not responsible for the content on any web sites that may be hosted by i/o Data Centers.  However, such content may be protected by United States copyright and/or other intellectual property laws.  i/o Data Centers will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA).  i/o Data Center’s response to any such notice may include removing or disabling service of customers who may infringe or terminating such customers’ service.  In the event i/o Data Centers removes, disables or terminates service, i/o Data Centers will make a good faith attempt to contact the affected site or content provider so that they may make a counter notification.

Notices of Infringement

Copyright owners or their authorized agents that believe their copyright protected content is being infringed must submit a notification in accordance with the DMCA by filing the notice with i/o Data Centers Copyright Agent with the information set forth below:

1. Identification in sufficient detail of the copyrighted work claimed to have been infringed.
2. Identification in sufficient detail of the material that is claimed to be infringing or to be the subject of infringing activity.
3. Information sufficient to permit i/o Data Centers to locate the material.
4. Information sufficient to permit i/o Data Centers to contact the complaining party, such as address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
5. 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.  (For example, “I have a good faith belief that use of the materials described above as allegedly infringing is not authorized by the copyright owner, its agent or the law”.)
6. 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. (For example, “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or I am the authorized agent acting on behalf of the owner of an exclusive right that is allegedly infringed”.)
7. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
8. Send the written communication to the following address:

i/o Data Centers
Attn:  Copyright Agent
8521 E. Princess Drive
Scottsdale, AZ 85255
OR Fax to:
(480) 513-8510
Attn:  Copyright Agent
OR email to:
Copyright@iodatacenters.com

The DMCA Notice of Infringement may not be valid if all of the requirements set forth above are not followed.  Please note that notification that materially misrepresents that content or activity is infringing copyrights may subject the complaining party to liability for damages (including attorneys fees and costs).

Counter Notification

Pursuant to Sections 512(g)(2) and (3) of the DMCA, the provider of the affected site or content may file a counter notification.  Upon receipt of a counter notification, i/o Data Centers may reinstate the alleged infringing materials or content.  To file a counter notification, the affected provider shall provide a written communication (by regular mail, fax or email) including the items set forth below:

1.  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.
2. A statement under penalty of perjury that the provider has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.  (For example, “I swear, under penalty of perjury, that I have a good faith belief that the content or activity identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”.)
3. The provider’s name, address and telephone number, and a statement that the provider consents to the jurisdiction of the Federal District Court for the judicial district in which the  provider’s address is located (or Maricopa County, Arizona if the address is outside of the United States) and that the provider will accept service of process from the person who provided notification under subsection (c)(1)(C) of the DMCA or an agent of such person.
4. A physical or electronic signature of the provider.
5. Send the written communication to the following address:

i/o Data Centers
Attn:  Copyright Agent
8521 E. Princess Drive
Scottsdale, AZ 85255

OR by fax to:

(480) 513-8510
Attn:  Copyright Agent

OR by email to:
Copyright@iodatacenters.com

Please note that Counter Notification that materially misrepresents that content or activity is not infringing the copyright of others may subject the provider to liability for damages (including attorneys fees and costs).