Copyright Infringement Policy

Fiber by Central Florida- Copyright Infringement Policy, Modified 5/16/23

Copyright Infringement Operating Procedures

I. Objective:

Fiber by Central Florida, LLC complies with the Online Copyright Infringement Liability Act of 1998 (17 U.S.C. § 512). As required by that Act, this policy reserves the right for Fiber by Central Florida, 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 Fiber by Central Florida, LLC of allege dcopyright infringement carried out on the provider’s network .When Fiber by Central Florida, LLC receives a notification of copyrigh tinfringement, it will take the following steps:

First warning – Communication (via letter or email) is sent to member notifying them of their copyright infringement and violation of Fiber by Central Florida, LLC’s Acceptable Use Policy (AUP) and the Broadband Service Order and Agreement Terms & Conditions (T&C). This communication will also inform them that Fiber by Central Florida, LLC may suspend o rterminate service if violation continues. (Attachment A)
Second warning – If there is a second offense in 12-month period, a second warning will be sent. This communication will notify the member of their copyright infringement and violation of Fiber by Central Florida, LLC’s AUP and T&C. The communication will also inform the member that Fiber by Central Florida, LLC has temporarily suspended service and may terminate service if violation continues. (Attachment B)
Final warning – If there is a third offense in a 12-month period, Fiber by Central Florida, LLC will issue a final warning communication to the member. This communication will notify the member of their copyright infringement and violation of Fiber by Central Florida, LLC’s AUP and
T&C. The communication will also inform the member that Fiber by Central Florida, LLC may suspend or terminate service if violation continues. (Attachment C)
Notice of termination – If there is a fourth offense in a 12-month period, Fiber by Central Florida, LLC will suspend or terminate the service and send a communication to the member. The communication will notify the member of the date that their account will be suspended/terminated and instruct them to contact Fiber by Central Florida, LLC with any questions. (Attachment D)

Fiber by Central Florida, 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 Fiber by Central Florida, LLC determines that the conduct may:

Expose Fiber by Central Florida, LLC to sanctions, prosecution or civil action;
Cause harm to or interfere with the integrity or normal operations of Fiber by Central Florida, LLC’s network or facilities;
Interfere with another person’s use of Fiber by Central Florida, LLC Services or the Internet;
Damage or disparage the reputation of Fiber by Central Florida, LLC or its services; or
Otherwise present a risk of harm to Fiber by Central Florida, LLC or Fiber by Central Florida, 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 secure location at Fiber by Central Florida, LLC for 5 years.
All correspondence with the member shall be retained in Fiber by Central Florida, LLC’s imaging system for a minimum of 5 years.
A database that includes, account number, date of notification, etc. will also be kept of all Copyright Infringement Notifications.

IV. Responsibility:

The Regulatory Officer 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, is responsible for carrying out the steps of this policy.

Attachment A (DMCA 1st Warning)

(Date)

(Account Holder Name)
(Street Address) (City
State, Zip)
Dear (Name),
Re: (Account Number Here)

The purpose of this warning is to inform you that Fiber by Central Florida, LLC has received a notice of copyright infringement sent pursuant to the Digital Millennium Copyright Act ("DMCA") in connection with your account. The DMCA, passed by Congress in 1998, allows copyright owners to notify a service provider such as Fiber by Central Florida, LLC of alleged copyright infringement carried out on the provider's network.

Unauthorized posting, copying/or distribution of copyrighted material is a violation of Fiber by Central Florida, LLC Acceptable Use Policy (AUP) and the Broadband Service Order and Agreement (Agreement) which prohibit use of the Fiber by Central Florida, LLC Network and Services in any manner that would infringe or otherwise violate the intellectual property rights of others. The Fiber by Central FloridaA, LLC AUP and Agreement state that Fiber by Central Florida, LLC may suspend or terminate your service for violation of the AUP and/or Agreement.

We encourage enabling secured passwords on your home Wi-Fi network if you have one to avoid unauthorized use of your Internet connection.

Please be advised that if this violation continues, or if additional violations occur, Fiber by Central Florida, LLC may take further action, including the suspension or termination of your Service. Please contact our office with any questions.

Thank you for your attention to this matter,

Fiber by Central Florida, LLC

(Attach copy of email/document from infringement notice and any screen shot of IP assignment you may have)

Attachment B (DMCA 2nd Warning)

(Date)

(Account Holder Name)
(Street Address) (City
State, Zip)
Dear (Name),
Re: (Account Number Here)

The purpose of this letter is to inform you that Fiber by Central Florida, LLC has received an additional notice of copyright infringement sent pursuant to the Digital Millennium Copyright Act ("DMCA") in connection with your account. The DMCA, passed by Congress in 1998, allows copyright owners to notify a service provider such as Fiber by Central Florida, LLC of alleged copyright infringement carried out on the provider's network.

Unauthorized posting, copying/or distribution of copyrighted material is a violation of Fiber by Central Florida, LLC.’s Acceptable Use Policy (AUP) and f the Broadband Service Order and Agreement (Agreement) which prohibit use of the Fiber by Central Florida, LLC Network and Services in any manner that would infringe or otherwise violate the intellectual property rights of others. The Fiber by Central Florida, LLC AUP and Agreement both state that Fiber by Central Florida, LLC. may suspend or terminate your service for violation of the AUP and/or Agreement.

Your service has been temporarily suspended. Please be advised that previous notifications explained that if additional violations occurred, Fiber by Central Florida, LLC could take further action, including the suspension or termination of your Service.

Please contact our office with any questions.

Sincerely,

Fiber by Central Florida, LLC

(Attach copy of email/document from infringement notice and any screen shot of IP assignment you may have)

Attachment D (DMCA Termination Notice

(Date)

(Account Holder Name)
(Street Address) (City
State, Zip)
Dear (Name),
Re: (Account Number Here)

This notice is to inform you that Fiber by Central Florida, LLC will be [suspending/terminating] your account as of INSERT DATE. Fiber by Central Florida, LLC has received another notice of copyright infringement sent pursuant to the Digital Millennium Copyright Act (“DCMA”) in connection with your account. The DMCA passed by Congress in 1998, allows copyright owners to notify a service provider such as Fiber by Central Florida, LLC of alleged copyright infringement carried out on the provider’s network.

Unauthorized posting, copying/or distribution of copyrighted materials is a violation of Fiber by Central Florida, LLC’s Acceptable Use Policy (AUP) and Broadband Service Order and Agreement (Agreement) which prohibit use of the Fiber by Central Florida, LLC Network and Services in any manner which would infringe or otherwise violate the intellectual property rights of others. Fiber by Central Florida, LLC’s AUP and Agreement both state that Fiber by Central Florida, LLC may suspend or terminate your service for violation of the AUP and/or Agreement.

Please be advised that we have received previous copyright violations and have accordingly sent multiple notifications to you of this issue. Based on the additional notification of copyright violation, we have no choice but to [suspend/terminate] your Service. Please contact our office with any questions.

Sincerely,

Fiber by Central Florida, LLC

(Attach copy of email/document from infringement notice and any screen shot of IP assignment you may have)

Attachment C (DMCA Final Warning)

(Date)

(Account Holder Name)
(Street Address) (City
State, Zip)
Dear (Name),
Re: (Account Number Here)

The purpose of this warning is to inform you that Fiber by Central Florida, LLC has received another notice of copyright infringement sent pursuant to the Digital Millennium Copyright Act (“DCMA”) in connection with your account. The DMCA passed by Congress in 1998, allows copyright owners to notify a service provider such as Fiber by Central Florida, LLC of alleged copyright infringement carried out on the provider’s network.

Unauthorized posting, copying/or distribution of copyrighted materials is a violation of Fiber by Central Florida, LLC’s Acceptable Use Policy (AUP) and the Broadband Service Order and Agreement (Agreement) which prohibit use of the Fiber by Central Florida, LLC Network and Services in any manner which would infringe or otherwise violate the intellectual property rights of others.Fiber by Central Florida, LLC’s AUP and Agreement both state that Fiber by Central Florida, LLC may suspend or terminate your service for violation of the AUP and/or Agreement.

Sincerely,

Fiber by Central Florida, LLC

(Attach copy of email/document from infringement notice and any screen shot of IP assignment you may have)