Digital Millennium Copyright Act
OPERATING PROCEDURES
COPYRIGHT INFRINGEMENT
I. Objective:
Luminate Fiber LLC complies with the Online Copyright Infringement Liability Act of 1998 (17 USC 512). As required by that Act, this policy reserves the right for Luminate Fiber LLC to terminate the internet service of members who repeatedly infringe copyrights.
II. Policy:
Pursuant the Digital Millennium Copyright Act (“DMCA”), copyright owners may notify a service provider such as Luminate Fiber LLC of alleged copyright infringement carried out on the provider’s network. Luminate Fiber LLC’s designated agent to receive notifications of claimed copyright infringement is dmca@luminatebroadband.com.
When Luminate Fiber LLC receives a notification of copyright infringement, it will take the following steps:
1. First warning – Letter is sent to member notifying them of their copyright infringement and violation of Luminate Fiber LLC’s Acceptable Use Policy (AUP) and Terms & Conditions of Service (T&C). This letter will also inform them that Luminate Fiber LLC may suspend or terminate service if violation continues. (Attachment A)
2. Second warning – If there is a second offense in 12-month period, a second warning will be sent. This letter will notify the member of their copyright infringement and violation of Luminate Fiber LLC’s AUP and T&C. The letter will also inform the member that Luminate Fiber LLC may suspend or terminate service if violation continues. (Attachment B)
3. Final warning – If there is a third offense in a 12-month period, Luminate Fiber LLC will issue a final warning letter to the member. This letter will be sent via certified mail. This letter will notify the member of their copyright infringement and violation of Luminate Fiber LLC’s AUP and T&C. The letter will also inform the member that Luminate Fiber LLC may suspend or terminate service if violation continues. (Attachment C)
4. Notice of termination – If there is a fourth offense in a 12-month period, Luminate Fiber LLC will terminate the service and send a letter to the member via certified mail. This letter will notify the member that their account has been terminated effective immediately and that equipment should be returned to Luminate Fiber LLC. (Attachment D)
Luminate Fiber LLC reserves the right act immediately and without notice to suspend or terminate services in response to a court order or other legal requirement that certain conduct be stopped, or when Luminate Fiber LLC determines that the conduct may:
Expose Luminate Fiber LLC to sanctions, prosecution or civil action;
Cause harm to or interfere with the integrity or normal operations of Luminate Fiber LLC’s network or facilities;
Interfere with another person’s use of Luminate Fiber LLC Services or the Internet;
Damage or disparage the reputation of Luminate Fiber LLC or its services; or
Otherwise present a risk of harm to Luminate Fiber LLC or Luminate Fiber LLC’s customers or their employees, officers, directors, agents, or other representatives.
III. Record Retention:
All Copyright Infringement Notifications and supporting documentation shall be kept in a vault at Luminate Fiber LLC headquarters for five years.
All correspondence with the member shall be retained in Luminate Fiber LLC’s imaging system for a minimum of five years.
A database that includes, account number, date of notification, etc. will also be kept of all Copyright Infringement Notifications.
IV. Responsibility:
The Accountant is listed as the FCC and ISP Designated Agent and will be the primary point of contact for all Copyright Infringement Notifications. This position, with the help of IT and customer support, are responsible for carrying out the steps of this policy.