Copyright Infringement Policy

1. Objective:

PETIT JEAN FIBER, 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 PETIT JEAN FIBER, LLC to terminate the internet service of members who repeatedly infringe copyrights. 

 2. Policy:

Pursuant the Digital Millennium Copyright Act (“DMCA”), copyright owners may notify a service provider such as PETIT JEAN FIBER, LLC of alleged copyright infringement carried out on the provider’s network.

When PETIT JEAN FIBER, LLC receives a notification of copyright infringement, it will take the following steps:       

1. First warning – Letter is sent to member notifying them of their copyright infringement and violation of PETIT JEAN FIBER, LLC’s Acceptable Use Policy (AUP) and the Broadband Service Order and Agreement Terms & Conditions (T&C). This letter will also inform them that PETIT JEAN FIBER, LLC may suspend or terminate service if violation continues. (Attachment A)
2. Second warning – If there is a second offense in 12-month period, a second warning will be sent. This letter will notify the member of their copyright infringement and violation of PETIT JEAN FIBER, LLC’s AUP and T&C.  The letter will also inform the member that PETIT JEAN FIBER, LLC may suspend or terminate service if violation continues. (Attachment B)
3. Final warning – If there is a third offense in a 12-month period, PETIT JEAN FIBER, LLC 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 PETIT JEAN FIBER, LLC’s AUP and T&C.  The letter will also inform the member that PETIT JEAN FIBER, LLC may suspend or terminate service if violation continues. (Attachment C)
4. Notice of termination – If there is a fourth offense in a 12-month period, PETIT JEAN FIBER, LLC 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 PETIT JEAN FIBER, LLC.  (Attachment D)

PETIT JEAN FIBER, 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 PETIT JEAN FIBER, LLC determines that the conduct may:

• Expose PETIT JEAN FIBER, LLC to sanctions, prosecution or civil action;
• Cause harm to or interfere with the integrity or normal operations of PETIT JEAN FIBER, LLC’s network or facilities;
• Interfere with another person’s use of PETIT JEAN FIBER, LLC Services or the Internet;
• Damage or disparage the reputation of PETIT JEAN FIBER, LLC or its services; or
• Otherwise present a risk of harm to PETIT JEAN FIBER, LLC or PETIT JEAN FIBER, LLC’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 PETIT JEAN FIBER, LLC headquarters for five years. 

All correspondence with the member shall be retained in PETIT JEAN FIBER, 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.

3. Responsibility:

The Manager of Information Technology and Broadband Services 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.

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 PETIT JEAN FIBER, 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 PETIT JEAN FIBER, LLC of alleged copyright infringement carried out on the provider's network.

Unauthorized posting, copying/or distribution of copyrighted material is a violation of PETIT JEAN FIBER, LLC Acceptable Use Policy (AUP) and the Broadband Service Order and Agreement (Agreement) which prohibit use of the PETIT JEAN FIBER, LLC Network and Services in any manner that would infringe or otherwise violate the intellectual property rights of others. The PETIT JEAN FIBER, LLC AUP and Agreement state that PETIT JEAN FIBER, 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, PETIT JEAN FIBER, 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,

PETIT JEAN FIBER, 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 PETIT JEAN FIBER, 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 PETIT JEAN FIBER, LLC of alleged copyright infringement carried out on the provider's network.

Unauthorized posting, copying/or distribution of copyrighted material is a violation of PETIT JEAN FIBER, LLC.’s Acceptable Use Policy (AUP) and f the Broadband Service Order and Agreement (Agreement) which prohibit use of the PETIT JEAN FIBER, LLC Network and Services in any manner that would infringe or otherwise violate the intellectual property rights of others. The PETIT JEAN FIBER, LLC AUP and Agreement both state that PETIT JEAN FIBER, 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, PETIT JEAN FIBER, LLC could take further action, including the suspension or termination of your Service.

Please contact our office with any questions.

Sincerely,

PETIT JEAN FIBER, LLC

(Attach copy of email/document from infringement notice)

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 PETIT JEAN FIBER, 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 PETIT JEAN FIBER, LLC of alleged copyright infringement carried out on the provider’s network.

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

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

Sincerely,

PETIT JEAN FIBER, 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 PETIT JEAN FIBER, LLC will be suspending/disconnecting your account as of INSERT DATE. PETIT JEAN FIBER, 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 PETIT JEAN FIBER, LLC of alleged copyright infringement carried out on the provider’s network.

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

Please be advised that we have received previous violations and have accordingly sent notification 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,

PETIT JEAN FIBER, LLC

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