FileVelocity (www.filevelocity.com) is an Internet Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). The following is an outline of FileVelocity's policies in relation to notices and takedown notices as required by the DMCA. The following applies to any and all copyright/trademark and owners of intellectual property interested in utilizing this procedure, as well as service users interested in restoring access to material mistakenly taken down. The DMCA provides a legal procedure by which you can request any Internet Service Provider to disable access to a website where your copyrighted work(s) are appearing without your permission/authorization. The legal procedure consists of two parts: (1) Completing a Proper DMCA Notice, and (2) Sending the Proper DMCA Notice to FileVelocity's Designated DMCA Agent.
1. An electronic or physical signature of the person authorized to act on behalf of the owner (the "Complainant") of the copyright or other intellectual property interest that has allegedly been infringed;
2. The name, address, telephone number and email address of the Complainant;
3. A description of the copyrighted work or other intellectual property that the Complainant claims has been infringed;
4. A description of where the subject infringing material or activity is located on the Website ("Alleged Infringing Material"), with enough detail that FileVelocity may find it on the Website;
5. A statement by the Complainant that, upon information and belief, the use of the Alleged Infringing Material is not authorized by the copyright or intellectual property owner, its agent or the law; and
6. A statement by the Complainant made under penalty of perjury, that the Complainant is the copyright or intellectual property owner or is authorized to act on behalf of the copyright or intellectual property owner and that the information provided in the notice is accurate.
Upon FileVelocity's receipt of an Infringement Alert, FileVelocity will take the following steps:
1. Promptly remove or disable access to the Alleged Infringing Material;
2. Notify the Member responsible for posting the Alleged Infringing Material that the Alleged Infringing Material has been removed or access to it has been disabled.
You don't need to wait confirmation from us about this action.
In case users believe that their submitted materials was lawful, they have the right of sending a Proper Counter-notification in order to restore access to these materials. FileVelocity.com will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent. All claims of copyright infringement on or regarding this Site should be delivered to FileVelocity's designated copyright agent. For clarity, only DMCA notices should go to FileVelocity's Designated (Registered) DMCA Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
FileVelocity's Copyright Agent for Notice for Claims of Intellectual Property Violations can be reached as follows:
dmca@filevelocity.com
To the extent the notices and "take down" requirements above deviate from the requirements under the DMCA, then the notice requirements as provided by the DMCA shall control and are herein incorporated by reference. In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances and in the sole discretion of FileVelocity, Membership of those Members that are deemed to be repeat copyright infringers. We may also, in our sole discretion, limit access to the Website and/or terminate the account of any Member who infringes upon any intellectual property rights of others, whether or not there is any repeat infringement.
In addition to these Rules, the Interface, your use thereof, as well as your use the Website, shall be governed by all applicable FileVelocity agreements including, without limitation, the FileVelocity Website Terms and Conditions, FileVelocity Website Privacy Policy and Digital Millennium Copyright Act Notice and Takedown Procedure (collectively, "FileVelocity Agreements"). These Rules are hereby incorporated into the FileVelocity Agreements, and any and all terms and conditions contained therein shall apply to these Rules. Where there is a conflict between the terms and conditions of these Rules and those of the FileVelocity Agreements, the FileVelocity Agreements shall govern in all respects; provided, however, that under all circumstances, and regardless of any such conflict, the requirements as provided by the DMCA shall control.