Digital Millennium Copyright Act(DMCA) Policy & Procedure

📌 IMPORTANT NOTICE: This DMCA Policy ("Policy") outlines the procedures for submitting and responding to copyright infringement claims under the Digital Millennium Copyright Act (17 U.S.C. § 512). All users of Netvaz services are required to comply with this Policy.

1. Overview

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works.

It is the policy of NETVAZ LLC to:

• Respond appropriately and promptly to notices of alleged copyright infringement that comply with the DMCA
• Remove or disable access to infringing material when properly notified
• Terminate the accounts of repeat infringers in appropriate circumstances
• Designate a Copyright Agent to receive notifications of claimed infringement

Important: This policy applies to all content hosted on our servers, including websites, files, images, videos, and any other digital content. By using our services, you agree to comply with this policy and all applicable copyright laws.

2. Copyright Infringement Notification

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on a website hosted by Netvaz, you may submit a notification to our Copyright Agentpursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)).

Before submitting a DMCA notice, please consider:

• Fair Use: The use of copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship, or research may be considered fair use and not infringing.
• Public Domain: Works that are in the public domain are not protected by copyright and may be freely used.
• Licensing: The material may be licensed or otherwise authorized for use by the copyright owner.

Netvaz reserves the right to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. However, we strongly recommend that all notices comply with the DMCA requirements to ensure proper processing.

3. Required Elements of a DMCA Notice

To be effective, a DMCA notice must include the following elements as specified in 17 U.S.C. § 512(c)(3):

1. Physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works
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 us to locate the material
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address
5. A statement that you have 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 you are authorized to act on behalf of the copyright owner

Sample DMCA Notice Format:

4. Where to Send DMCA Notices

Please send all DMCA notices to our designated Copyright Agent:

5. Counter-Notification Procedure

If you believe that material you posted on a Netvaz-hosted website was removed or disabled as a result of a mistake or misidentification of the material, you may submit a counter-notification to our Copyright Agent.

Upon receipt of a valid counter-notification, we will:

• Forward the counter-notification to the original complainant
• Notify the original complainant that we will replace the removed material or cease disabling access to it in 10-14 business days
• Replace the removed material or cease disabling access to it in 10-14 business days, unless the original complainant files an action seeking a court order to restrain the alleged infringer from engaging in the infringing activity

Timeframe: The counter-notification process typically takes 10-14 business days from the date we receive a valid counter-notification.

6. Required Elements of a Counter-Notice

To be effective, a counter-notification must include the following elements as specified in 17 U.S.C. § 512(g)(3):

1. Physical or electronic signature of the subscriber
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 disabled
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled
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 the address is located, or if your address is outside of the United States, for any judicial district in which Netvaz may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person

7. Repeat Infringer Policy

In accordance with the DMCA and other applicable laws, Netvaz has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers who are deemed to be repeat infringers.

What constitutes a repeat infringer?

• Receiving three (3) or more valid DMCA notices within a 12-month period
• A pattern of behavior that suggests a disregard for intellectual property rights
• Attempting to circumvent our DMCA procedures or re-posting infringing material after it has been removed

In addition to termination, repeat infringers may face:

• Loss of all data and content stored on our servers
• Forfeiture of any prepaid fees or deposits
• Reporting to fraud prevention and law enforcement agencies
• Legal action for damages and injunctive relief

8. Copyright Agent Contact Information

Our designated Copyright Agent for receiving DMCA notifications is:

9. Disclaimer & Limitations

No Legal Advice: This policy is for informational purposes only and does not constitute legal advice. If you have questions about your rights or obligations under the DMCA or other copyright laws, you should consult with a qualified attorney.

Limitation of Liability: Netvaz is not responsible for the content hosted on its servers. We provide services as a hosting platform and do not actively monitor or control the content posted by our users.

Safe Harbor: Netvaz complies with the DMCA safe harbor provisions (17 U.S.C. § 512) and will respond to valid DMCA notices promptly. We take reasonable steps to protect the rights of copyright owners while respecting the rights of our users.

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