BELD Broadband Policy On Copyright Infringement
The enforcement of intellectual property laws (including but not limited to copyright) is a major priority of the government of the United States because it is critical to our economy. It is the intent of BELD Broadband to comply with both the letter and the intent of all applicable laws and associated precedents in the furtherance that objective. The copyright enforcement objectives of BELD Broadband are assigned via the Digital Millennium Copyright Act (DMCA), in compliance with which we have established the following policies:
We do not disclose subscriber data to any governmental or private entity without having first been provided with an appropriate warrant, subpoena, or directive from the Department of Homeland Security. This means we do not disclose subscriber information to copyright holders or their agents without a warrant or subpoena. We encourage our subscribers to guard their own personal information with the same policy, and not to disclose it unless required by a legal authority of competent jurisdiction.
It is our policy to act immediately, in less than one business day, on all DMCA-compliant notices of alleged copyright infringement provided to us by copyright holders or their authorized agents.
- A DMCA-compliant notice to BELD Broadband must: a. Clearly and unambiguously identify the copyrighted work(s) that have allegedly been infringed. b. Identify the IP address of our subscriber and the time and date the copyrighted work was allegedly found. c. Provide full contact information for the copyright holder or authorized third-party entity including address, telephone number and email address. d. Provide a certification that the information provided to BELD Broadband in the Notice of Alleged Copyright Infringement is correct, including an attestation under pains and penalties of perjury that the provider of the Notice is authorized by the copyright holder to enforce the copyrights that are alleged to be infringed. e. Include the physical or electronic signature of the copyright holder or authorized agent.
- Within one business day of receipt of a DMCA-compliant Notice of Alleged Copyright Infringement (NACI), BELD Broadband shall terminate the Internet access of the subscriber who is identified by IP address until such time as the subscriber certifies that the infringing material is not present.
- BELD Broadband understands that sometimes a family member or visitor will violate copyright without the subscriber's knowledge or consent, and that not all subscribers are aware of copyright laws. We are likewise aware that a notice we receive may be in error. So we do not permanently terminate Internet service to subscribers on the first notice we receive. However, we take our responsibility to enforce these laws seriously, and repeated notices of alleged copyright infringement directed to the same subscriber shall result in our refusal to provide Internet service to that customer at all under any terms.
- Multiple NACIs may be issued by copyright holders or their authorized representatives for a given instance of alleged copyright infringement. We consider all NACIs pertaining to a given instance of alleged copyright infringement to constitute a single Copyright Infringement Event (CIE). Copyright Infringement Events are counted during a rolling 12-month period. The First and Second CIEs require interruption of service until the subscriber certifies the copyrighted material is not present. The third CIE requires that we terminate all Internet service for that customer altogether. PLEASE NOTE: BELD Broadband phone service relies upon Internet access to function, therefore interruption or termination of Internet service will render the telephone service inoperative. Subscriber billing will reflect prorating for Internet and Phone for the billing month during which service was terminated.
- Notwithstanding the rolling 12-month period, if we believe in our sole discretion that a particular subscriber is engaging in a pattern of wanton and flagrant disregard for copyright law, we may terminate their Internet service temporarily or permanently without prior notice.
- We urge our subscribers to maintain and update adequate safeguards against malware which may steal or share files without their knowledge, and to be aware that software that implements protocols such as bit-torrent will automatically re-share to the entire world anything they are used to download. While in some cases the initial download of material may be legal, unless the material is covered by certain GPL (Gnu Public License) or CC (Creative Commons) licenses or in the public domain, re-sharing the material may be illegal.