DMCA – Digital Millineum Copyright Act

DMCA (Digitial Millineum Copyright Act)

The DMCA was passed into law and signed by President Bill Clinton in October of 1998. It provides protection against the illegal distribution and downloading of copyrighted materials to the holders of those copyrights.

Ben Lomand & VolFirst may take the following actions against subscribers who have been reported to be in violation of the DMCA by downloading or distributing copyrighted materials by the copyright holder or their agent. Each incident cited below will require that the customer call in to Tech Support at 855-800-3002.

The customer must acknowledge the alleged violation and provide a valid e-mail address to which the infringement claim(s) can be sent.

  • Upon the first reported incident, the end user will be directed to a captive portal which informs the customer of the reported violation.
  • Second violation will result in the customer being sent to the same captive portal.
  • The third violation will result in the captive portal and an traffic shaper of 1024 kbps applied to their P2P traffic for a period of 1 month.
  • The fourth violation will result in the captive portal and a traffic shaper of 512 kbps applied to their P2P traffic for 2 months.
  • The fifth violation will result in the captive portal and a traffic shaper of 128kbps applied to their P2P traffic for 3 months.
  • The sixth violation will result in suspension of P2P traffic.

If you receive a notice (including the captive portal) from us stating that we have received notice that you allegedly engaged in copyright infringement, you may submit a written counter notice to us.** This counter notice must contain: (1) your physical or electronic signature; (2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled due to a mistake or misidentification of the material to be removed or disabled; and (4) your name, address and telephone number along with a statement that you consent to jurisdiction in the Federal District Court of the judicial district in which your physical address is located and that you will accept service of process from either the person who provided the notice of claimed infringement to us or an agent of that person.

**A fee for the processing of this request may apply.

You may view the captive portal here:

http://speedcheck.blomand.net/DMCA.html

 

What constitutes an infraction:

  • Any properly formatted and submitted complaint regarding any single title or file.
  • Properly formatted and submitted complaints on multiple titles within the same 24 hour period will count as 1 infraction. (Case in point when a MP3 library containing multiple titles is shared)

Note to Claimants and Agents:

  • Improperly formatted complaints will be discarded.
  • Complaints that are received and cannot be determined to be an actual subscriber of Ben Lomand Connect or one of its subsidiaries will be discarded.
  • Complaints E-mailed to any E-mail address other than the specified addresses in in our filing with the US Copyright Office¬†or our Acceptable Use Policy will be discarded.
  • Subpoenas submitted for DMCA related records to Ben Lomand Connect, VolFirst, and other Ben Lomand subsidiaries will be handled as time is available for their processing. Records generation will be charged at the applicable labor rate for the employee(s) required to perform this task. Charges will also include, but not be limited to, postal (and any other) fees required to notify customers whose records have been requested. Customers whose records have been requested in the subpoena will be notified of the subpoena request. Any legal fees incurred to a third party (example: a TTP-Trusted Third Party) will also be billed to the claimant or their agent. Records will not be provided until this obligation is met by the claimant or their agent or unless a legal and binding contract for payment is in force.

 

 

 

 

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