Policy for handling claims of infringement
Any original material created by an individual or group is protected by copyright or intellectual property rights under United States and international law. Put broadly, this means that anything original that you have written down, or created as an original recording or an original image, etc., is protected from infringement by others.
Just as your original material is protected from unauthorized use by others, their material is their property and you may not use it without permission. Doing so may invite lawsuits claiming infringement. This includes written works, email, images, sounds, etc., whether online or on paper.
As an Internet Service Provider and under the provisions of the DMCA VOLstate, Inc. DBA volstate.net DBA RevTel.net may be obligated to take down materials that our users have posted if a claim of infringement is received.
How to report a claim of infringement
Section 512 (c)(3)(A) of the Digital Millennium Copyright Act requires that a claim of copyright infringement must be sent to our designated agent. The claim must provide certain information (detailed below) in order for it to be considered a valid claim.
DMCA Section 512 (c)(3)(A)
Elements of Notification.
(A) To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) 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 the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider 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.
(v) 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.
(vi) 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.
When filing an infringement claim, include all of the information required under Section 512 (c)(3)(A). Your claim must include any URLs or other information identifying the material, and the dates and times the material was observed.
Web and Peer-to-Peer claims must include, at a minimum:
- An exact URL or IP address
- Date the content was first observed
- Information sufficient to identify the specific content which is the subject of the complaint
Email, fax or postal-mail the information to our Designated Agent.
Upon receipt of a valid claim, i.e., a claim in which the requested information is substantially provided, VOLstate, Inc. DBA volstate.net, DBA RevTel.net, will undertake to have the disputed material removed from public view until a counter-claim is filed or until a court ruling determining the disposition of the disputed material is received. Under the provisions of the DMCA VOLstate, Inc DBA volstate.net DBA RevTel.net, as an Internet Service Provider, has no other role to play either in prosecuting or defending a claim of infringement, and cannot be held accountable in any case for damages regardless of whether a claim of infringement is found to be true or false.
Section (512) (f) of the DMCA defines penalties for intentional misrepresentation of a claim.
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