Copyright Infringement Policy
Meeker Cooperative Light & Power Association
DBA VIBRANT Broadband (“VIBRANT”)
Copyright Infringement Policy
VIBRANT complies with the Online Copyright Infringement Liability Act of 1998 (17 USC 512). As required by that Act, this policy reserves the right for VIBRANT 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 VIBRANT of alleged copyright infringement carried out on the provider’s network.
When VIBRANT 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 VIBRANT’s Acceptable Use Policy (AUP) and Terms & Conditions of Service (T&C). This letter will also inform them that VIBRANT 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 VIBRANT’s AUP and T&C. The letter will also inform the customer that VIBRANT may suspend or terminate service if violation continues. (Attachment B)
- Final warning – If there is a third offense in a 12-month period, VIBRANT 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 VIBRANT’s AUP and T&C. The letter will also inform the customer that VIBRANT may suspend or terminate service if violation continues. (Attachment C)
- Notice of termination – If there is a fourth offense in a 12-month period, VIBRANT 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 VIBRANT. (Attachment D)
VIBRANT 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 VIBRANT determines that the conduct may:
- Expose VIBRANT to sanctions, prosecution or civil action;
- Cause harm to or interfere with the integrity or normal operations of VIBRANT’s network or facilities;
- Interfere with another person’s use of VIBRANT Services or the Internet;
- Damage or disparage the reputation of VIBRANT or its services; or
- Otherwise present a risk of harm to VIBRANT or VIBRANT’s customers or their employees, officers, directors, agents, or other representatives.
- Record Retention:
All Copyright Infringement Notifications and supporting documentation shall be kept in a vault at VIBRANT headquarters for five years.
All correspondence with the customer shall be retained in VIBRANT’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 Finance Manager 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.
Meeker Cooperative is an Equal Opportunity Provider and Employer