Copyright and DMCA Policy
CDN.MN is a service of NicNames, Inc. We respect intellectual-property rights and expect Customers to do the same.
This Policy describes how to submit a copyright notice concerning content delivered through CDN.MN, how an affected Customer may submit a counter-notice, and how we address repeat infringement.
Submitting a knowingly false or materially misleading notice or counter-notice may result in liability. Consider obtaining legal advice before submitting one.
1. Before submitting a notice
CDN.MN is generally a pull-through optimization and delivery service. The original content is typically controlled by the Customer or its Origin provider rather than stored as the Customer's only copy on CDN.MN.
A complainant should identify the exact CDN.MN or Customer custom-domain URL and, where known, the underlying website or Origin.
We may forward a notice and contact information to the affected Customer or provider.
2. Copyright infringement notice
A copyright owner or authorized agent may submit a notice under 17 U.S.C. Section 512(c)(3).
The notice must include:
- a physical or electronic signature of the copyright owner or a person authorized to act for the owner;
- identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are covered;
- identification of the material claimed to be infringing and information reasonably sufficient for us to locate it, including each exact URL;
- the complaining party's name, mailing address, telephone number, and email address;
- a statement that the complaining party has a good-faith belief that use of the material in the complained-of manner is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act for the copyright owner.
Send the notice to:
Designated Copyright Agent NicNames, Inc. 131 Continental Drive, Suite 301 Newark, Delaware 19713 United States Telephone: +1 (302) 883-8888 Email: abuse@cdn.mn Subject: DMCA Notice
Email is preferred, but a notice must contain all required information.
3. Our response
After receiving a substantially complete notice, we may:
- confirm receipt;
- request missing information;
- identify the affected Customer;
- forward the notice to the Customer;
- restrict or invalidate the specified cached material;
- suspend the affected hostname or Site;
- preserve relevant records;
- notify infrastructure or Origin providers where appropriate; and
- take another action required or permitted by law.
A technical restriction by CDN.MN may not remove the original material from the Customer's Origin or another service. The complainant may also need to contact the website operator, Origin provider, or host.
4. Counter-notice
A Customer that believes material was removed or disabled by mistake or misidentification may submit a counter-notice under 17 U.S.C. Section 512(g).
The counter-notice must include:
- the Customer's physical or electronic signature;
- identification of the material removed or disabled and the location where it appeared before removal or disabling;
- a statement under penalty of perjury that the Customer has a good-faith belief that the material was removed or disabled because of mistake or misidentification;
- the Customer's name, address, and telephone number;
- a statement consenting to the jurisdiction of the United States Federal District Court for the judicial district where the address is located, or, if the Customer is outside the United States, to the jurisdiction of the federal courts in Delaware; and
- a statement accepting service of process from the person who submitted the original notice or that person's agent.
Send the counter-notice to the Designated Copyright Agent listed above with subject "DMCA Counter-Notice."
5. Restoration
After forwarding a valid counter-notice to the original complainant, we may restore access to the material no sooner than ten and no later than fourteen business days after receipt unless the Designated Copyright Agent receives notice that the complainant filed a court action seeking to restrain the Customer from the allegedly infringing activity.
Restoration remains subject to the Terms of Service, Acceptable Use Policy, technical constraints, and other legal obligations.
6. Repeat infringers
In appropriate circumstances, NicNames may terminate or restrict Accounts, Workspaces, Sites, Agents, or hostnames associated with repeated copyright infringement.
We consider factors including:
- valid notices;
- counter-notices;
- court orders;
- the number and timing of incidents;
- the Customer's response;
- evidence of authorization;
- the scope and seriousness of infringement; and
- attempts to evade enforcement.
7. Trademark and other intellectual-property complaints
For trademark, counterfeit, publicity, or other intellectual-property complaints, email abuse@cdn.mn with:
- the right asserted;
- registration details, if applicable;
- exact URLs;
- explanation of the violation;
- authority to act;
- contact information; and
- a good-faith accuracy statement.
Such complaints are not DMCA notices and are evaluated under applicable law, the Terms, and the AUP.
8. Misrepresentation
Under 17 U.S.C. Section 512(f), a person who knowingly materially misrepresents that material is infringing or was removed by mistake may be liable for damages, including costs and attorneys' fees.
9. Privacy
Copyright notices and counter-notices may be shared with affected Customers, complainants, service providers, legal advisers, or authorities as necessary to process the matter. They are retained under the Data Retention Schedule.
10. Changes
We may update this Policy. The current version will state its Effective Date and Last Updated date.