T-Mobile respects the intellectual property rights of others. Its Terms & Conditions [link] accordingly prohibit use of T-Mobile services in any manner that infringes the intellectual property rights of third parties under U.S. Copyright law.

Pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”), copyright owners who believe their works have been infringed may report allegations of infringement to service providers who may be hosting or storing infringing materials. In addition, T-Mobile voluntarily accepts notifications from rightsholders alleging infringement through peer-to-peer (“P2P”) technologies using T-Mobile’s services. When T-Mobile receives such notices of alleged infringement, it endeavors to forward them to customers who have been accused of infringing conduct and may take additional actions appropriate in the circumstances. You can learn more about the DMCA on the Copyright Office’s sites here [ https://www.copyright.gov/dmca/ ] and here [ https://www.copyright.gov/512/ ].

It is every subscriber’s responsibility to ensure their internet and phone lines are not being used to infringe copyright. Please know that copyright infringement can subject infringers to civil or criminal liability.

T-Mobile wants subscribers to be able to continue using its services lawfully. In appropriate circumstances, T-Mobile will suspend or terminate services of any subscriber, account holder, or user who is deemed to be a repeat infringer of copyrights.

Types of Counternotifications

If you receive an infringement notice from T-Mobile, you should take prompt action to ensure your services are not being used to engage in infringing activities, such as using P2P networks to share copyrighted content. Keep in mind that anyone with access to your services may use them to infringe. T-Mobile recommends password-protecting your services to avoid unauthorized infringing use. Please be mindful to send the correct type of notification, which depends on the nature of the alleged infringement.

• Responses to P2P allegations. If you believe that the allegation of infringement via a P2P network is in error, you may respond to the allegation by email to copyrightagent@t-mobile.com. Your response must include “P2P Counter Notification” in the subject line and the body of your email must include your account number along with any response you wish to include. T-Mobile is not obligated to, and typically will not, convey your response to an allegation of P2P infringement to the rightsholder, so you may wish to contact the rightsholder directly.

• Hosting or Storing Counter Notifications. Where a rightsholder has alleged infringement and claims that T-Mobile is hosting or storing infringing material—as opposed to alleging infringement via a P2P network—a response to that allegation must take the form of a “counter notification” under 17 U.S.C. § 512(g)(3) of the DMCA. The counter notification should be sent to copyrightagent@t-mobile.com and must include “Hosting or Storing Counter Notification” in the subject line and your account number in the body of your email. To be effective, your counter notification must contain the following information:

o Your physical or electronic signature;

o 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;

o 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;

o 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 your address is located, or if your address is outside of the United States, for any judicial district in which T-Mobile may be found, and you will accept service of process from the person who provided notification that led to the mistaken removal of your material or an agent of such person.

Information for Rightsholders

If you believe that your copyright has been infringed using T-Mobile’s systems or networks, you may notify T-Mobile. Please note that T-Mobile is a service provider of transitory digital network communications as contemplated by 17 U.S.C. § 512(a) of the DMCA. T-Mobile voluntarily accepts notifications alleging the use of a peer-to-peer network to infringe but is not obligated to respond to any demands regarding material that is transmitted, routed, or connected using T-Mobile’s network(s) by a user or at a user’s direction or initiation. Nor does the DMCA contemplate that a service provider under § 512(a) will block, remove, or disable access to material not hosted or stored on T-Mobile’s system. Notifications may be sent to copyrightagent@t-mobile.com. Rightsholders should include as much detail as is practicable, including identifying and contact information for the rightsholder and information regarding the work(s) allegedly infringed; the protocol(s) used to engage in infringement; the IP address and other network information associated with the allegedly infringing conduct; and the date and time of alleged infringement.

 

If you believe that T-Mobile is hosting or storing infringing content at the direction of a user, you may submit a notification by using the procedures described in the DMCA and below. Our Designated Agent under the DMCA is Copyright Agent, 12920 SE 38th Street, Bellevue, WA 98006, 425-383-4000, copyrightagent@t-mobile.com. After receiving your notice, we may remove or disable access to any infringing material as provided in the DMCA.

Such a notice must include the following information as required by 17 U.S.C. § 512(c)(3) of the DMCA:

• 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 T-Mobile to locate the material;
• Information reasonably sufficient to permit T-Mobile to contact the complaining party, such as 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 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 an exclusive right that is allegedly infringed.

Repeat Infringer Policy

Pursuant to 17 U.S.C. § 512(i) of the DMCA, T-Mobile’s policy is to terminate, in appropriate circumstances, lines or account services for those who repeatedly use their services to infringe third-party copyrights.

T-Mobile will endeavor to convey allegations of alleged infringement using P2P services to subscribers and requires prompt corrective action. If a subscriber continues to receive multiple notices alleging such infringement after receiving warnings from T-Mobile, T-Mobile may suspend and/or terminate the subscriber’s lines and accounts. T-Mobile will also terminate services of repeat infringers when directed by final court order.