Velocity Communications respects the intellectual property rights of others. Customers may not use the Services in any manner that infringes upon the copyrights or other intellectual property rights of others, and shall at all times act in accordance with the Digital Millennium Copyright Act of 1998 DMCA (see 17 U.S.C. § 512) and other applicable laws. This information related to copyright infringement does not take the place of advice from your legal counsel. Velocity Communications is providing this information for informational purposes only.
NOTIFICATION OF COPYRIGHT CLAIM AND PROCEDURE
A copyright owner may notify Velocity Communications of alleged infringements of their works as defined by U.S. copyright law and according to the DMCA. This notice must be submitted to Velocity Communications DMCA Agent, as described below, and the notification must satisfy DMCA requirements.
Contact
Velocity Communications Inc.
ATTN: Legal
PO Box 43
Elma, WA 98541
legal@velocitywa.com
833-503-4237
DMCA complaints must be in writing and contain the following information according to 17 U.S.C. § 512:
1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed;
3. 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 Velocity Communications to locate the material;
4. Information reasonably sufficient to permit Velocity Communications 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;
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;
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.
You should be aware that complainants who make false claims or misrepresentations concerning copyright infringement may be liable for damages under the DMCA.
VELOCITY’S RESPONSE TO A NOTIFICATION
Upon receipt of a notification that substantially complies with 17 U.S.C. § 512, Velocity will forward the notification to the affected Customer and, where the material identified is stored on systems operated by Velocity, will remove or disable access to that material. Velocity acts as a conduit for Customer transmissions and does not host, store, or control the content of Customer traffic except where Velocity expressly provides hosting or storage services.
REPEAT INFRINGERS
Velocity has adopted and reasonably implements a policy providing for the termination, in appropriate circumstances, of the accounts of Customers who are repeat infringers. Velocity forwards valid DMCA notifications to the affected Customer and requires the Customer to cease the activity identified in the notification. Velocity records each notification received against the Customer’s account. Where a Customer receives repeated notifications, Velocity may, in its sole discretion and in appropriate circumstances, suspend or terminate the Customer’s Services. Failure to respond to a forwarded notification, or continuation of the activity identified in it, constitutes a violation of the Acceptable Use provisions of the Master Services Agreement.
COUNTER-NOTIFICATION IN RESPONSE TO CLAIM OF COPYRIGHT INFRINGEMENT
If a Customer receives a DMCA notification of an alleged infringement and the Customer believes in good faith that the alleged infringement has been wrongly filed, then the Customer may submit a counter-notice to Velocity Communications. Please forward your counter-notice to Velocity Communications DMCA Agent at the address noted above. This process will invoke a dispute between you and the complaining party. Your counter-notification must be in writing and contain the following information according to 17 U.S.C. § 512:
1. A physical or electronic signature of an authorized person;
2. Identification of the material that has been removed or access to which has been disabled and the location at which material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
4. 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 your address is located, or if your address is outside of the United States, for any judicial district in which Velocity Communications may be found, and that you will accept service of process from the complainant or an agent of the complainant.
You should be aware that persons who make false counter-notices or misrepresentations concerning copyright infringement may be liable for damages under the DMCA.