Objective
Farmers Rural Connect, Inc. 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 Farmers Rural Connect, Inc. to terminate the internet service of members who repeatedly infringe copyrights.
Policy
Pursuant to the Digital Millennium Copyright Act (“DMCA”), copyright owners may notify a service provider such as Farmers Rural Connect, Inc. of alleged copyright infringement carried out on the provider’s network.
When Farmers Rural Connect, Inc. receives a notification of copyright infringement, it will take the following steps:
- First warning – A letter is sent to members notifying them of their copyright infringement and violation of Farmers Rural Connect, Inc.’s Acceptable Use Policy (AUP) and the Broadband Service Order and Agreement Terms & Conditions (T&C). This letter will also inform them that Farmers Rural Connect, Inc. may suspend or terminate service if the violation continues.
- Second warning – If there is a second offense in a 12-month period, a second warning will be sent. This letter will notify the member of their copyright infringement and violation of Farmers Rural Connect, Inc.’s AUP and T&C. The letter will also inform the member that Farmers Rural Connect, Inc. has temporarily suspended service and may terminate service if the violation continues.
- Final warning – If there is a third offense in a 12-month period, Farmers Rural Connect, Inc. will issue a final warning letter to the member. This letter will be sent via certified mail. This letter will notify the member of their copyright infringement and violation of Farmers Rural Connect, Inc.’s AUP and T&C. The letter will also inform the member that Farmers Rural Connect, Inc. may suspend or terminate service if the violation continues
- Notice of termination – If there is a fourth offense in a 12-month period, Farmers Rural Connect, Inc. will terminate the service and send a letter to the member via certified mail. This letter will notify the member that their account has been terminated effective immediately and that equipment should be returned to Farmers Rural Connect, Inc.
Farmers Rural Connect, Inc. reserves the right to 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 Farmers Rural Connect, Inc. determines that the conduct may:
- Expose Farmers Rural Connect, Inc. to sanctions, prosecution, or civil action;
Cause harm to or interfere with the integrity or normal operations of Farmers Rural Connect, Inc.’s network or facilities; - Interfere with another person’s use of Farmers Rural Connect, Inc. Services or the Internet;
- Damage or disparage the reputation of Farmers Rural Connect, Inc. or its services; or
- Otherwise present a risk of harm to Farmers Rural Connect, Inc. or Farmers Rural Connect, Inc.’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 Farmers Rural Connect, Inc. headquarters for 5 years.
All correspondence with the member shall be retained in Farmers Rural Connect, Inc.’s imaging system for a minimum of 5 years.
A database that includes, the account number, date of notification, etc. will also be kept of all Copyright Infringement Notifications.
Responsibility
The Compliance 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.