Understanding DMCA Notices
Notice Submission
Learn how to submit a DMCA notice effectively to protect your intellectual property.
Safe Harbor
Understand the safe harbor provisions that shield service providers from liability.
Explore the essential role of DMCA notices in safeguarding digital content and maintaining a balanced online ecosystem.
The Importance of the DMCA
To read the full DMCA Notice, expand below
DMCA Notice
Straight Shot Wireless (“SSW”) respects the intellectual property rights of others and expects its users to do the same. In compliance with the Digital Millennium Copyright Act (“DMCA”), it is our policy to respond promptly to clear notices of alleged copyright infringement. SSW will take necessary actions, including the removal of infringing content and the suspension or termination of subscribers who are repeat offenders.
Filing a DMCA Notice of Alleged Infringement
If you believe that material available on our service or website infringes your copyright(s), you (or your agent) may send us a valid DMCA notice requesting the removal of the infringing content. Your notice must include the following information:
- Identification of the copyrighted work that you claim has been infringed. Please provide enough detail (e.g., title, author, URL) to help us identify the content.
- 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.
- Information reasonably sufficient to permit our designated agent to contact the complaining party, such as postal address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- An electronic or physical signature of the copyright owner or a person authorized to act on their behalf.
Please send your DMCA notice to the designated agent below:
DMCA Agent: Straight Shot Wireless
Attention: DMCA Compliance
804 N Union Ave, Roswell, NM 88201
Email: DMCA@sswireless.net
Counter-Notification Process
If you believe that the content that was removed or to which access was disabled is not infringing, or that you have the right to use the material (either from the copyright owner, through a license, or under the law), you may file a counter-notification with our designated agent. Your counter-notification must include the following information:
- Identification of the material that was removed or to which access was disabled and the location where the material appeared before it was removed or access was disabled.
- The statement: “I swear, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Your name, address, telephone number, and email address, along with a statement that you consent to the jurisdiction of the federal court in the district where you reside (or in Chaves County, New Mexico if you are outside the U.S.), and that you will accept service of process from the person who provided the original DMCA notice or their agent.
Your physical or electronic signature is required.
Please send your counter-notification to our DMCA Agent at the contact details listed above.
Upon receipt of a valid counter-notification, we will forward it to the person who submitted the original DMCA notice. Please note that when we forward the counter-notice, it includes your Personal Information. By submitting a counter-notification, you consent to having your Personal Information revealed to third-parties.
If we receive a counter-notice from the user that posted the material subject to a claim of copyright infringement, we will take the following actions: (1) We will forward a copy of the counter-notice to the person who sent the notice of infringement and inform him/her that the removed material may be restored or we may allow access to the material in ten (10) business days. (2) If during those 10 business days, the person who sent the original notice of infringement notifies us that he/she has filed an action seeking a court order to prevent the user from infringing activity relating to the material on our website or Services, we will not restore or allow access to the material. (3) Otherwise, within 10 business days, we may restore the removed material and allow access at our sole discretion.
Repeat Infringer Policy
In accordance with the DMCA and other applicable laws, SSW has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also limit access to our service and/or terminate the accounts of users who infringe the intellectual property rights of others, whether or not there is repeated infringement. Generally, we will terminate a User’s account, membership, or subscription when that User has been notified for 3 complaints/violations over a period of four (4) months but no more than four (4) notices over a period of twelve (12) months. However, we reserve the right to terminate a User at any time as we deem appropriate based on the circumstances of the User’s actions. A complaint/violation will not be assessed against the User if the User has filed a counter-notice of infringement, and there are no further legal actions from the copyright owner or owner’s agent.
Examples of Violations of the DMCA Rules
Unauthorized Streaming
Infringing content: Unauthorized streaming of copyrighted films. Action taken: Content removed and user account suspended.
Pirated Software Distribution
Infringing content: Distribution of pirated software. Action taken: Links disabled and user warned.
Unlicensed Music Sharing
Infringing content: Sharing of unlicensed music tracks. Action taken: Files deleted and user notified.
Copyrighted Image Use
Infringing content: Use of copyrighted images without permission. Action taken: Images removed and notice issued.
Unauthorized E-book Distribution
Infringing content: Distribution of copyrighted e-books. Action taken: Access restricted and user account reviewed.
Illicit Video Content
Infringing content: Upload of illicit video content. Action taken: Video blocked and account flagged.
Trademark Violation
Infringing content: Use of trademarked logos without consent. Action taken: Logos removed and user informed.
Infringing Software Plugins
Infringing content: Distribution of unauthorized software plugins. Action taken: Plugins disabled and warning issued.
DMCA Notices: Common Questions
Find answers to the most common questions about DMCA notices and how they apply to our services.
What is a DMCA notice?
A DMCA notice is a formal request from a copyright holder asking us to remove or restrict access to material that may have been shared online without permission. Straight Shot Wireless follows the Digital Millennium Copyright Act (DMCA) and evaluates each notice according to federal requirements.
How do I submit a DMCA notice?
You can submit a DMCA notice by emailing all required information to:
DMCA@sswireless.net
A valid notice must include:
- identification of the copyrighted work
- a description of the infringing material
- your contact information
- a statement of good-faith belief
- a statement made under penalty of perjury
- your physical or electronic signature
We only take action when all required elements are included.
What happens after a DMCA notice is submitted?
Once we receive a complete notice:
- we review the information
- we notify the subscriber associated with the alleged activity
- we may restrict or disable access to the reported materials
- the subscriber has a right to submit a counter-notification if they believe the claim is incorrect
We follow DMCA procedures exactly as written in federal law.
Can I challenge a DMCA notice?
Yes. You may submit a counter-notification if you believe a notice was sent by mistake or misidentifies your activity. Your counter-notification must include the required legal statements and consent to jurisdiction so that the copyright claimant may pursue legal action if they choose.
We will forward your statement to the original complainant as required by DMCA rules.
Does Straight Shot Wireless monitor or inspect my online activity?
No. We do not monitor the content of your online activity for copyright purposes. We only review network traffic patterns when required to comply with valid legal requests, maintain network security, or process DMCA notices consistent with federal law and our Privacy Policy.
What is a “repeat infringer” under your policy?
Under our Acceptable Use Policy, a subscriber who repeatedly receives valid copyright infringement notices may be considered a repeat infringer. Straight Shot Wireless may suspend or terminate service when required to comply with the DMCA and our service policies.
How can I learn more about copyright laws?
You can learn more about copyright law and the DMCA by visiting the official U.S. Copyright Office website. A link is available on this page under “Learn About the DMCA.”
Please note: Straight Shot Wireless cannot provide legal advice. If you need help understanding copyright law, consider consulting a legal professional.
Report Copyright Infringements
If you suspect any copyright infringement on our network, please report it immediately. Your vigilance helps us maintain a safe and legal online environment.