Copyright Claims Policy

Fibernet respects the intellectual property of others and holds its users responsible for doing the same. Please follow the procedures outlined below to report instances of copyright infringement.

HOW TO MAKE CLAIMS OF COPYRIGHT INFRINGEMENT

• Pursuant to the Digital Millennium Copyright Act, United States Code, Section 512(c)(2), any and all copyright infringement claims on the Fibernet Corp. (“Fibernet”) system or website should be sent ONLY to our designated agent.

IMPORTANT: The following information is provided solely for providing notice to Fibernet that your copyrighted material may have been infringed.

• WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
  DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

Claims should be submitted in writing to the following designated agent:

• Fibernet Corp
• ATTN: Legal Department
• 1155 S 800 E
• Orem, UT 84097

• Fax: 801-223-9937
• Email: abuse@fiber.net

• IMPORTANT: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER AND/OR FAX. DUE TO THE FACT THAT TECHNOLOGIES MAY SOMETIMES FAIL, EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER AND/OR FAX), WILL HELP ASSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.

Per the requirements listed in the DMCA, notification of Claimed Infringement must include ALL of the following:

1. Contact information (address, phone number, email address) and physical or electronic signature of the complaining party (individual authorized to act on behalf of the copyright owner).
2. Identification and Internet location of all alleged infringing materials [URL linking to relevant page(s) with list or description of infringing items on page(s)]. Information should be reasonably sufficient for online service provider to locate the materials and the offending party (“Subscriber”) in question.
3. “Good faith” statement from the copyright owner that states the belief that there is no legal basis for the use of the infringing material by the Subscriber (i.e. use of materials is not authorized by the copyright owner, its agent, or the law.)
4. Statement from the complaining party that the information contained in the notice is accurate, under penalty of perjury, and that the complaining party is indeed authorized to act on behalf of the copyright owner.

• Fibernet treats claims of copyright infringement seriously and will promptly act to remove or disable access to infringing materials even to the point of terminating the Subscriber’s Internet access if selective action is deemed not to be an option.
• Fibernet also provides written notice to the Subscriber informing him or her that the infringing material has been removed or access to it disabled.

COUNTER-NOTICE AND PUT-BACK PROCEDURES

• Upon receipt of notice that the infringing material has been removed or access to it disabled, the Subscriber has the opportunity to provide a Counter Notification to contest the removal of or impeding of access to the material in question.
• Counter Notification must meet ALL of the following requirements in order to be considered:

1. The notification must be in writing and delivered to service provider’s designated agent.
2. It must include the following:
   1. The Subscriber’s physical or electronic signature as well as his or her name, address, and phone number.
   2. Identification and former Internet location of the material that was removed or disabled [URL linking to relevant page(s) with list or description of the material].
   3. “Good faith” statement from Subscriber that states the belief that the material was removed or disabled due to a mistake or misidentification.
   4. Statement of consent to federal court jurisdiction for the judicial district of the Subscriber, or if located overseas, to an appropriate judicial body.

FIBERNET ACTIONS UPON RECEIPT OF COUNTER NOTIFICATION

• When Fibernet receives a proper Counter Notification, we take the following actions:
  1. Provide the complaining party with a copy of the Counter Notification, informing him or her that we will replace the removed material or restore access to it within fourteen (14) business days after we receive the Counter Notification.
  2. Replace or restore access to the removed material in no less than ten (10) and no more than fourteen (14) business days after we receive the Counter Notification, provided we haven’t received notice from the complaining party that legal action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on our network or system.

• CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.