Background
Telko’s contract terms 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.

Meaning of terms
1.1    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.

1.2    ‘ 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.

First infringement
If you infringe for a first time:

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

  	3.1	We shall keep a record.
  	3.2	We shall notify you about the record and its date.
  	3.3	We may send the notice via your Telko email account
  	3.4	We shall keep a record.
  	3.5	We shall notify you about the record and its date.

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

  	4.1	We shall keep a record.
  	4.2	We shall terminate your account.
  	4.3	We shall notify you.

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