Copyright Policy

Complaints regarding content posted on the Emery Telcom website.

Emery Telcom respects the intellectual property rights of others and desires to o er a platform which contains no content that violates those rights. Our User Agreement requires that information posted by Members be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, Emery Telcom provides a process for submission of complaints concerning content posted by our Members. Our policy and procedures are described and/or referenced in the sections that follow.

Please note that any notice you submit must be truthful and must be submitted under penalty or perjury. A false notice may give rise to personal liability. You may want to seek the advice of legal counsel before submitting a notice.

Claims regarding copyright infringement

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Emery Telcom has implemented procedures for receiving written notification of claimed infringements. Emery Telcom has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has be infringed, you may provide written communications which contains:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description specifying the location on our website of the material that you claim is infringing;
4. Your email address and your mailing address and/or telephone number;
5. A statement by you that you have in good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Intellectual Property Rights

The Services and all of its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, photos, and the design, selection and arrangement thereof) (the "Content"), are owned by Emery Telcom, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may download, print or view individual pages at the Site for private, noncommercial use, provided you do not delete, change or otherwise modify any of the Content, including any copyright or trademark notices. You may not use the Services for any commercial purpose or commercially exploit or make the Services available to any third party. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services, except as authorized by the Terms. You also agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Services or distribute, sublicense, lease, rent, loan or otherwise transfer the Services to any third party. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Emery Telcom. The systematic retrieval of any of the Content to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of Emery Telcom is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Website are trademarks or service marks and may not be used without Emery Telcom's permission. Emery Telcom's policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.

Notice and Procedure for Making Claims of Copyright and Trademark Infringement.

Emery Telcom takes claims of infringement seriously. We will respond to a notice of alleged infringement that complies with applicable law and that provides sufficient information. Please note that we are not a court and we are unable to resolve disputes regarding the users of the Services. However, Emery Telcom will terminate your access to the Service if, under appropriate circumstances, you are determined to be a repeat infringer.

Copyrights

If you believe any materials accessible on the Services infringe your copyright, you may request removal of those materials from the Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice must include substantially the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
3. 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 Emery Telcom to locate the material;
4. Information reasonable sufficient to permit Emery Telcom to contact the complaining party, such as an address, telephone number, and if available, and email address at which the complaining party may be contacted;
5. 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 the law;
6. 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.

If you receive a copyright notice from us that you believe is incorrect, then you may send a counter notice to our Designated Agent. After receiving a counter notice, we may reinstate the content in question under Sections 512(g)(2) and (3) of the Copyright Act. A counter notice must include:

1. A physical or electronic signature of the alleged infringer;
2. A description of the material that was removed or to which access was disabled;
3. A description of the location where the allegedly infringing work was located on the Services before it was removed or access was disabled;
4. A statement, under penalty of perjury, that the alleged infringer has a good faith belief that the material was removed or that access was denied as a result of a mistake or misidentification;
5. The alleged infringer’s name, address and telephone number; and
6. A statement that the alleged infringer consents to the jurisdiction of the federal court with jurisdiction over the address provided by the alleged infringer, or if the alleged infringer is outside of the United States, then that the alleged infringer consents to jurisdiction in Salt Lake City, Utah and will accept service of process from the party who is alleging the infringement.

If you fail to comply with all of the requirements of the DMCA for a notice or counter notice, then such notice may not be effective.

Our Designated Agent can be reached at:

Beth Butler
445 East Hwy 29
PO Box 629
Orangeville, UT 84537
Phone: 888-749-1090
Fax: 435-748-1050
Email: copyright@emerytelcom.com

Trademarks

As a friendly reminder, ETV News, Emery Telcom, Emery Telephone, Carbon/Emery Telcom, Inc., E Fiber Moab, E Fiber San Juan, and all related names, logos, product and service names, designs and slogans are ours (or our affiliates or licensors). You can’t use our trademarks without our prior written permission. Any other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners. Please respect the rights of those parties and do not use their marks without permission either.