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DCMA Notice of Complaint

 

If you have received a copyright infringement notice (NOTICE OF COPYRIGHT COMPLAINT) this page details Socket’s policy for handling infringement claims.

If you are a copyright owner and believe content hosted by Socket infringes on your copyright, refer to this page detailing our policy for handling infringement claims: www.socket.net/dcma-policy

Socket is committed to upholding the Digital Millennium Copyright Act (DMCA) and protecting the rights of copyright holders. The following outlines our policy addressing copyright infringement claims and the actions we take in response to such claims. For detailed information on current DMCA law visit: https://www.copyright.gov/dmca/

Forwarding Complaints: We respect the privacy of our customers and do not engage in proactive monitoring of their online activities; however, copyright infringement claims are taken seriously, and Socket is obligated to forward all DMCA complaints we receive to the respective customer whose account is associated with the alleged violation.

Customer Response: Upon request by phone, Socket will provide relevant details of the complaint to verified account holders. Additionally, we will request that the customer responds to the complaint and takes appropriate action as required by law. This may include removing or disabling access to the allegedly infringing content or terminating any illegal downloading or sharing of protected content.

Repeat Violations: Socket reserves the right to act, including service disconnection for repeated violations of this policy or our acceptable use policy



Socket is dedicated to complying with the DMCA and ensuring the protection of intellectual property rights. We take copyright infringement seriously and expect all customers to do the same. We will act promptly and diligently to address DMCA complaints while respecting the due process rights of our customers.

This policy is subject to change.


Frequently asked DMCA questions:

What is DMCA?
The DMCA (Digital Millennium Copyright Act) was passed in 1998 by the U.S. Congress to protect copyrighted works in the digital age while providing important protections for online service providers to ensure the free flow of information. Additional information about the DMCA is available at the U. S. Copyright Office website at https://www.copyright.gov/

What actions do I need to take?
If you are not the owner of a copyrighted work, then all sharing activities must stop. In most cases, these files are being shared from a computer using a peer-to-peer file sharing program such as BitTorrent. Continued sharing of the work will result in further notices and enforcement action.

What enforcement actions does Socket take?
The following enforcement actions may be taken at the Sole discretion of Socket:
• Issuance of a warning
• Temporary suspension of service
• Billing to defray administrative costs incurred
• Termination of your services, account, or accounts
• Legal action

How does Socket notify customers of alleged violations?
Socket will inform customers by email of any copyright infringement notification we receive. If an account suspension or termination is imminent Socket will also notify customers by telephone and / or U.S. mail. For this reason, it is important that Socket have current contact information for subscribers.

What happens if I ignore DMCA notifications from Socket?
Socket will strictly adhere to this policy, and we expect the same from our customers. Enforcement actions are not contingent on recognition of notices sent, whether by email, phone, or physical mail.
Socket reserves the right to designate as a "repeat infringer" any user who has been notified of infringing activity more than five times in a 12-month period or has had their content removed from the service more than five times in a 12-month period.

What about customer privacy?
Socket is committed to both customer privacy and compliance with U.S. copyright laws. Socket does not actively monitor customer use of the Internet, email, or other communications in the course of its regular operations. In the event that we receive a legitimate, legally mandated request for customer information, Socket.net, will respond only within the narrow scope of that request.

How many notifications does it take before Socket takes enforcement action?
Socket reserves the right to take enforcement action upon receiving any number of DMCA notifications from content owners.

What happens if my Socket service is suspended?
• An account administrator must call to have service reinstated.
• Socket reserves the right to apply a suspension for a minimum period of time, regardless of when you call.
• Service charges continue to apply during suspension and will not be refunded or discounted.

What if my Socket service is terminated under this policy?
• You will receive 30 days notice of our intent to cancel services.
• Termination will remain in effect for a minimum of 180 days and will not be restored for any reason.
• Unreturned equipment and any other relevant service fees will apply.

What can I do if I believe that the complaint is incorrect?
Socket is not in a position to investigate Copyright infringement allegations. We are simply forwarding a copyright owner's allegation. If you believe that a copyright notice was sent in error, it is your responsibility to reach out to the copyright owner and resolve the issue.

What are the dangers of downloading illegal content?
Downloading or sharing is a DMCA copyright violation which may include civil or criminal liability.
Peer-to-peer/sharing file sites may include trojan horses that download unwanted files to computers such as:
• Viruses
• Malware
• Ransomware
• Unsuitable images
• Other potential dangers that can impact your:
• Network
• Passwords
• Sensitive business or customer information