Digital Millennium Copyright Act.
Total Online Solutions, Inc. is an Online Service Provider under Title II of the
Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). Total Online Solutions, Inc.
respects the legitimate rights of copyright owners, expects its users
to do the same, and has adopted an efficient notice and take down
procedure as required by the DMCA and described herein. This policy is
intended to guide copyright owners in utilizing that procedure, and
also to guide users and webmasters in restoring access to websites or
content that are disabled due to a mistake.
Notice to Owners of Copyrighted Works.
If you are a copyright owner, authorized to act on behalf of one, or
authorized to act under any exclusive right under copyright, please
report alleged copyright infringements taking place on or through Total Online Solutions, Inc.
sites by completing the following notice ("Notice") and delivering it
to Total Online Solutions, Inc.'s Designated Copyright Agent.
DMCA Notice of Alleged Infringement.
A proper DMCA Notice will notify Total Online Solutions, Inc. of particular facts in a
document signed under penalty of perjury and delivered to Total Online Solutions, Inc.'s
Designated Agent. To write a proper Notice, you must provide the
following information, which list comes directly from the DMCA statute:
- A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site
are covered by a single Notification, a representative list of such
works at that site.
- 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 the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to
contact the complaining party, such as an address, telephone number,
and, if available, an electronic mail address at which the complaining
party may be contacted.
- A statement that the complaining party has 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 authorized
to act on behalf of the owner of the exclusive right that is allegedly
When filing an infringement claim, please include any URLs
identifying the allegedly infringing material along with any other
information that might assist the Total Online Solutions, Inc. Agent's investigation of your
If the material originates from another website and you believe that
Total Online Solutions, Inc. has cached that material, then confirm any of the following that
- The material has been removed from the originating site;
- access to the material on the originating site has been disabled;
- a court has ordered that the material be removed from the originating site; and/or
- a court has ordered that access to the material on the originating site be disabled.
Failure to include all of the above information may result in a
delay in processing the DMCA Notification. If you materially
misrepresent that any material infringes your copyright interest, you
may be liable for damages, including court costs and attorneys' fees,
and could be subject to criminal prosecution for perjury.
Deliver this Notice with all items completed to Total Online Solutions, Inc.'s Designated Copyright Agent:
Total Online Solutions, Inc.
Attn: Abuse Dept.
5020 Clark Road
Sarasota, FL 34233
By fax: 941-870-5425
By email: abuse [at] tosdomains.net
Upon receipt of a valid claim Total Online Solutions, Inc. will follow the procedures
provided in the DMCA which prescribe a notice and take down procedure,
subject to the user's or webmaster's right to submit a
Counter-Notification claiming lawful use of the disabled works. Total Online Solutions, Inc.
will have the disputed material removed from public view. Total Online Solutions, Inc. will
also notify the user or webmaster who posted the allegedly infringing
material that has been removed or disable access to that material.
How to Make a Counter-Notification.
If you are a Total Online Solutions, Inc. user or webmaster and you feel that the material
you have placed online that has been removed following an infringement
complaint Notification is in fact not an infringement, you may file a
Counter-Notification. Section 512(g)(3) of the DMCA requires that to be
valid, the Counter-Notification must be written and addressed to our
Copyright Agent and must provide the following information taken from
- A physical or electronic signature.
- Identification of the material that has been removed or to which
access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith
belief that the material was removed or disabled as a result of mistake
or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you
consent to the jurisdiction of Federal District Court for the judicial
district in which the addressee is located, or if your address is
outside the United States, for any judicial district in which you may
be found, and that you will accept service of process from the person
who provided Notification under Subsection (c)(1)(C) or an agent of
- Our Designated Agent will present your Counter-Notification to the
person who filed the infringement complaint Notice. Once your
Counter-Notification has been delivered, Total Online Solutions, Inc. is allowed under the
provisions of Section 512 to restore the removed material in not less
than ten or more than fourteen days, unless the complaining party
serves notice of intent to obtain a court order restraining the
It is Total Online Solutions, Inc.'s policy to terminate users or webmasters who are found
to be repeat infringers. Further, Total Online Solutions, Inc. has the discretion to handle
non-compliant Notices in whatever manner appears to be reasonable under
the given circumstances.