DMCA COPYRIGHT INFRINGEMENT POLICY
SVEConnect 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. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”) and other applicable laws, SVEConnect maintains a policy that provides for the suspension, or termination in appropriate circumstances, of Customers who are repeat copyright infringers. This information related to copyright infringement does not take the place of advice from your legal counsel. SVEConnect is providing this information for informational purposes only.
NOTIFICATION OF COPYRIGHT CLAIM AND PROCEDURE
A copyright owner may notify SVEConnect of alleged infringements of their works as defined by U.S. copyright law and according to the DMCA. This notice must be submitted to SVEConnect’s DMCA Agent registered with the United States Copyright Office, as described below, and the notification must satisfy the requirements of the DMCA.
SVE Connect, LLC
Attn: Copyright Claims Department
PO Box 31
South Pittsburg, TN 37380
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 SVEConnect to locate the material.
4. Information reasonably sufficient to permit SVEConnect 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.
NOTICE TO SUBSCRIBERS
Upon receipt of a properly formatted and submitted complaint (notice), SVEConnect will attempt to identify the affected subscriber based on the details of the notice and our access records. If you are identified as the subject of the complaint, we will forward the notice to your email address on file.
Upon receipt of a DMCA notice, you must acknowledge receipt of the notice within 3 business days. You may acknowledge receipt in writing or by calling our customer service team during normal business hours. Your acknowledgment of receipt of a DMCA notice is not an admission of guilt and will not be shared with the complainant except by order of the court. Failure to acknowledge receipt will result in suspension of service until you acknowledge receipt of the DMCA notice and provide a valid email address to which we can forward the notice.
The DMCA notice and any additional notices received during this acknowledgement period and up to 24 hours after we receive your acknowledgement will be considered a single infraction. The fourth infraction within a rolling 365 day window will result in immediate suspension of your Internet services, and require a written acknowledgment before your services can be restored. Except in extenuating circumstances, a fifth infraction within a 365 day period will result in termination of service.
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 SVEConnect. Please forward your counter-notice to SVEConnect’s 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 a mistake or misidentification;
4. Your name, address, and telephone number, statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant.
A sample counter-notice can be found here: https://www.copyright.gov/512/sample-counter-notice.pdf
You should be aware that persons who make false counter-notices or misrepresentations concerning copyright infringement may be liable for damages under the DMCA.