This is version 1.0 of our Copyright & Repeat Infringer Policy, last updated on January 24, 2013.
If we make any changes in the future, a history of changes will be available at the end of this document.
To report any violations of our Copyright Policy, please see our Claimed Infringement of Copyright.
Copyright is the exclusive rights for creators of original works, such as protecting their works from unauthorised distribution or use. The sort of works that falls into copyright territory includes movies, music, books and computer software.
Despite the unclear nature of copyright laws in Australia, TotalServe doesn't authorised or condone copyright infringement. Our Terms and Conditions state that customers must not use TotalServe's services to infringe on any person's rights - this includes intellectual property rights and copyright.
We also have a policy that applies to people who infringe the law. See our Repeat Infringer Policy below for more information.
TotalServe does not volunteer personal or customer information to copyright holders or any other third party, unless they obtain an Australian court order which requires us to identify who you are.
TotalServe is required by the Copyright Regulations 1969 (Cth) ("the Regulations") to have a 'Designated representative' to receive notifications and notices issued under the Regulations. That person is the Copyright Manager.
For TotalServe to process a notification of alleged infringement, it must comply substantially with all of the criteria prescribed by the Regulations.
Notifications of claimed infringement are to be sent to:The Copyright Manager
If your notification does not meet all the legal requirements, processing may be delayed under you meet the requirements, or it may not be possible at all to process it. If possible and reasonable, we will notify you if there are any problems that prevent us from processing your notification.
While we strongly believe in treating our customers fairly and we certainly don't monitor our customers activities. We do have an obligation under Australian law to take copyright seriously.
That's why we take action in the following circumstances:
The 'safe harbour' provisions in the Copyright Act 1968 (Cth) operate to limit the remedies able to be awarded against an carriage provider, such as TotalServe, for copyright infringement provided that the provider complies with various conditions. These safe harbour provisions require that TotalServe adopt and reasonably implement a policy that provides for termination, in appropriate circumstances, of the accounts of repeat infringers.
TotalServe may terminate the account of the relevant account holder where one or more of the following conditions has been satisfied:
TotalServe will not terminate customer accounts where the circumstances are not "appropriate circumstances".