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Digital Millennium Copyright Act
Randolph Telephone is committed to complying with U.S. copyright
law and expects all end users who access some of our Services,
but do not have accounts ("Visitors") as well as
those who pay a monthly service fee to subscribe to the Services
("Members"), to do the same. The Digital Millennium
Copyright Act of 1998 ("DMCA") provides recourse
for owners of copyrighted material who believe that their
rights under U.S. copyright law have been infringed on the
Internet. Under the DMCA, copyright owners may contact the
authorized agent of an Internet service provider to report
alleged infringements of their protected works appearing on
Web pages hosted by the service provider. Upon receipt of
a properly filed complaint satisfying the requirements of
the DMCA, Randolph Telephone will remove or block access to
the allegedly infringing material. If a Member or user of
the Randolph Telephone Service believes in good faith that
a notice of copyright infringement has been wrongly filed,
such person may submit a counternotice to Randolph Telephone.
Randolph Telephone will not be a party to disputes over alleged
copyright infringement.
This information should not be construed as legal advice to
our Members or Visitors. If you believe that your copyrights
have been infringed, or if a notice of copyright infringement
has been filed against you, we advise that you seek legal
counsel. We are providing the following information to you
for informational purposes only.
Notification of Claimed Copyright Infringement
If you believe that a Web page hosted by Randolph Telephone
is violating your rights under U.S. copyright law, you may
file a complaint of such claimed infringement with Randolph
Telephone's designated agent in the manner described below.
By Mail:
Regulatory Director
Randolph Telephone
Post Office Box 609
Liberty, North Carolina 27298
By Telephone:
(336) 622-7924
By Email:
jthaxton@rtelco.net
For your complaint to be valid under the
DMCA, you must provide the following information when providing
notice of the claimed copyright infringement:
a. A physical or electronic signature of a person authorized
to act on behalf of the copyright owner
b. Identification of the copyrighted work claimed to have
been infringed
c. Identification of the material that is claimed to be infringing
or to be the subject of the infringing activity and that is
to be removed or access to which is to be disabled as well
as information reasonably sufficient to permit Randolph Telephone
to locate the material
d. 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
e. 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 law
f. 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
(For more details on the information required for valid notification,
see 17 U.S.C. 512(c)(3). Located at www.access.gpo.gov/congress/cong013.html
You should be aware that, under the DCMA, claimants who make
misrepresentations concerning copyright infringement may be
liable for damages incurred as a result of the removal or
blocking of the material, court costs, and attorneys fees.
Counternotification to Claimed Copyright Infringement
If a notice of copyright infringement has been filed against
you, you may file a counternotification with Randolph Telephone's
designated agent at the address listed above. Such counternotification
must contain the following information:
a. Physical or electronic signature
b. 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
c. A statement under penalty of perjury that the Member has
a good faith belief that the material was removed or disabled
as a result of mistake or misidentification|
d. Your name, address, and telephone number, and a 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
If Randolph Telephone receives a valid counternotification,
the DMCA provides that the removed material will be restored,
or access re-enabled.
Please be advised that U.S. copyright law provides substantial
penalties for a false counternotice filed in response to a
notice of copyright infringement.
Ver. 01/20/2003
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