Copyright infringement policy

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MessageMedia takes compliance with copyright right laws seriously. MessageMedia’s customer contract terms and conditions oblige every customer not to use our facilities for unlawful purposes, including copyright infringement. Our terms entitle us to terminate a customer’s account if the customer breaches them.

This is our policy regarding customers who repeatedly commit copyright infringement. We reserve the right to vary this policy from time to time, and to depart from it in particular cases if we consider it appropriate to do so. In particular, we may terminate an account without notice if we consider that the circumstances justify it.

1. Meaning of terms

a. You are an ‘infringer’ if:

• You hold an account with us.
• A third party asserts that your account has been used to commit copyright infringement.
• There is good evidence that your account has been used to commit copyright infringement.

b. ‘Good evidence’ of infringement includes:

• A court ruling.
• A statutory declaration (or equivalent) by a third party.
• Any other notice, demand, evidence, fact or circumstance that the law entitles us to take as proof of copyright infringement or a reasonable likelihood of copyright infringement.

2. First infringement

a. If you infringe for a first time:

• We shall keep a record.
• We shall notify you about the record and its date.
• We may send the notice via your MessageMedia email account.

3. Second infringements

a. If you infringe, we shall check to see if there is a record of any prior infringements.
b. If there is only one, you are a ‘second infringer’, and:

• We shall keep a record.
• We shall notify you about the record of second infringement and its date.
• We may send the notice via your MessageMedia email account.
• You then have seven days to show us, by written, signed statement, good cause why your account should not be terminated.
• After the seven days, we shall terminate your account unless you have shown good cause why your account should not be terminated.

4. Third and subsequent infringements

a. If you infringe, we shall check to see if there is a record of any prior infringements.
b. If there is more than one, you are a ‘repeat infringer’, and:

• We shall keep a record.
• We shall terminate your account.
• We shall notify you.

5. Copyright notices

If you are a copyright owner and think that someone is using our services to infringe your copyright rights, you may send us a copyright notice to our designated representative (“MessageMedia Copyright Representative”) using the details below, requesting that we takedown or disable infringing material. You should ensure that any copyright notice that you send complies with all applicable laws (eg. ‘notice and takedown’ or ‘safe harbour’ laws). We will respond to all copyright notices in accordance with those laws.

Attention: MessageMedia Copyright Representative
Email address: mmcopyrightrepresentative@messagemedia.com.au
Postal address: Level 24, 367 Collins St, Melbourne VIC 3000
Phone: 1800 155 228
Fax: +61 3 8612 3689