COPYRIGHT INFRINGEMENT/REPEAT INFRINGER POLICY
Service Provider respects the intellectual property rights of third parties, including those granted under the US copyright laws, and the interests of its subscribers and content providers on the Internet. You may not store material of any type or in any format on, or disseminate such material over, Service Provider ' systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under the US copyright laws. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Service Provider to terminate, in appropriate circumstances, the Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers.
Appropriate circumstances may exist where:
|(i) a Subscriber or account holder has been found by a court of competent jurisdiction to have infringed the copyrights of a third party on two or more occasions, i.e., a repeat infringer,
(ii) where a valid, effective and uncontested notice has been provided to Service Provider alleging facts which are a violation by the Subscriber or account holder of Service Provider Copyright Policy prohibiting infringing activity involving Service Provider systems or servers, or
(iii) in other cases of repeated flagrant abuse of access to the Internet (e.g., willful commercial piracy or malicious attempts to destroy the value of copyrighted works). In addition, Service Provider expressly reserves the right to terminate or suspend the Service of any Subscriber or account holder if Service Provider, in its sole judgment, believes that circumstances relating to the infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights Service Provider may have under law or contract.
You shall comply with all applicable local, state, national and international laws and regulations, including those related to data privacy, international communications, and exportation or technical or personal data. You represent that you are not a specifically designated individual or entity under any US embargo or otherwise the subject, either directly or indirectly (by affiliation, or any other connection with another party) to any order issued by any agency of the US Government limiting, barring, revoking or denying, in whole or in part your US export privileges. You agree to notify Service Provider if you become subject to any such order.
You shall not delete any proprietary designations, legal notices or other identifiers belonging to third parties from any information obtained or sent using the Service and shall not impersonate any person or use a false name while using the Service. You agree to obtain all required permissions if you use the Service to receive, upload, download, display, distribute, or execute Software or perform other works protected by intellectual property laws including copyright, trademark, trade secret and patent laws. You agree to cooperate with Service Provider and provide requested information in connection with all security and use matters. You agree to notify Service Provider promptly if you suspect unauthorized use of the Service or of your UserID. Service Provider reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Such cooperation may include, but not be limited to, provision of account or user information or email as well as monitoring of the Service Provider network.
Service Provider may, but is not required to, monitor your compliance, or the compliance of other subscribers, with this Acceptable Use Policy.
NOTICE TO COPYRIGHT OWNERS – HOW TO FILE A NOTICE OF CLAIMED INFRINGEMENT
FairPoint Communications respects the owners of copyright materials and their rights under federal law. We do not permit our service to be used to infringe copyrights. If one of our Internet subscribers is an infringer, we will take actions to attempt to stop such conduct, including and up to terminating the service of a repeat infringer in appropriate circumstances.
If, as a copyright owner, you believe that a FairPoint Communications subscriber has used material that infringes an exclusive right you have with respect to such material, you or your authorized agent may file a Notice of Claimed Infringement with us. The Notice of Claimed Infringement must be sent to:
Designated DMCA Agent:
Notices must be in writing and must contain the following minimum elements required by the Digital Millennium Copyright Act (“DMCA”).
E-mails are FairPoint’s preferred method to received infringement notices and should be in standard ACNS 2.0 XML format and should be sent to firstname.lastname@example.org. ACNS 2.0 XML format can be found at http://www.acns.net/spec.html.
Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains all required information, if we have sufficient information to identify the customer, we will notify the subscriber of the alleged infringement. No personal, subscriber information is shared with the copyright owner unless required by law.