KOSCIUSKO CONNECT 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 KOSCIUSKO CONNECT LLC to terminate the internet service of customers who repeatedly infringe copyrights.
Pursuant the Digital Millennium Copyright Act (“DMCA”), copyright owners may notify a service provider such as KOSCIUSKO CONNECT LLC of alleged copyright infringement carried out on the provider’s network.
When KOSCIUSKO CONNECT LLC receives a notification of copyright infringement, it will take the following steps:
First warning – Letter is sent to customer notifying them of their copyright infringement and violation of KOSCIUSKO CONNECT LLC’s Acceptable Use Policy (AUP) and the Broadband Service Order and Agreement Terms & Conditions (T&C). This letter will also inform them that KOSCIUSKO CONNECT LLC may suspend or terminate 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 letter will notify the customer of their copyright infringement and violation of KOSCIUSKO CONNECT LLC’s AUP and T&C. The letter will also inform the customer that KOSCIUSKO CONNECT LLC will suspend or terminate service if violation continues. (Attachment B)
Final warning – If there is a third offense in a 12-month period, KOSCIUSKO CONNECT LLC will issue a final warning letter to the customer. This letter will be sent via certified mail. This letter will notify the customer of their copyright infringement and violation of KOSCIUSKO CONNECT LLC’s AUP and T&C. The letter will also inform the customer that KOSCIUSKO CONNECT LLC will suspend or terminate service if violation continues. (Attachment C)
Notice of termination – If there is a fourth offense in a 12-month period, KOSCIUSKO CONNECT LLC will terminate the service and send a letter to the customer via certified mail. This letter will notify the customer that their account has been terminated effective immediately and that equipment should be returned to KOSCIUSKO CONNECT LLC. (Attachment D)
KOSCIUSKO CONNECT 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 KOSCIUSKO CONNECT LLC determines that the conduct may:
- Expose KOSCIUSKO CONNECT LLC to sanctions, prosecution or civil action;
- Cause harm to or interfere with the integrity or normal operations of KOSCIUSKO CONNECT LLC’s network or facilities;
- Interfere with another person’s use of KOSCIUSKO CONNECT LLC Services or the Internet;
- Damage or disparage the reputation of KOSCIUSKO CONNECT LLC or its services; or
- Otherwise present a risk of harm to KOSCIUSKO CONNECT LLC or KOSCIUSKO CONNECT LLC’s customers or their employees, officers, directors, agents, or other representatives.
3. Record Retention:
- All Copyright Infringement Notifications and supporting documentation shall be kept in a vault at KOSCIUSKO CONNECT LLC headquarters for five years.
- All correspondence with the customer shall be retained in KOSCIUSKO CONNECT 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.
The CFO 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.
5. Contact for Copyright Infringement:
Kosciusko Connect LLC complies with the Online Copyright Infringement Liability Limitation Act of 17 USC 512 (“Act”). This policy that reserves our right to terminate services to subscribers who repeatedly infringe copyrights. If we receive a determination that any subscriber or account holder has infringed another’s copyright through the use of our system or network, we reserve the right to terminate service to that subscriber after receiving notice of any further copyright infringement by that subscriber. Kosciusko Connect LLC accommodates and does not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act.
Notices and counter-notices related to claimed copyright infringements should be directed to the following designated agent: CFO (DMCA Agent)
Kosciusko Connect LLC
Attn: CFO (DMCA Agent)
370 S. 250 E.
Warsaw, IN 46582 firstname.lastname@example.org