This is the official copyright infringement notification policy (“DMCA Policy”) for any service(s) owned, operated, or provided by Lit Fiber LLC and its subsidiaries and its affiliates (“Company,” “our,” “us,” or “we”). This DMCA Copyright Infringement Policy sets forth the policies and procedures that are required for customers, subscribers, users, and visitors (collectively, “Users”) under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3) (“DMCA”).

Lit Fiber respects the intellectual property rights of others and takes copyright infringement claims seriously. Accordingly, Users may not use Lit Fiber’s network, systems, or servers to transmit, upload, download, post, or submit any content, images, or data in any manner that constitutes an infringement of third-party intellectual property rights, including under US copyright law. Sharing copyrighted material using peer-to-peer (“P2P”) technologies without the permission of the copyright owner or its authorized representative is, in many instances, unlawful and can subject infringers to potential civil and criminal liability. The unlawful use of copyrighted materials also violates Lit Fiber’s High Speed Internet Terms of Service and Acceptable Use Policy.

‍Procedure for Submitting a Copyright Infringement Claim: Lit Fiber is registered under the DMCA. Under the DMCA, copyright owners have the right to notify Lit Fiber if they believe that a Lit Fiber User has infringed the copyright owner’s work(s). If a copyright owner believes that a Lit Fiber’s User has copied your work in a way that constitutes copyright infringement, the copyright owner may file a Notification of Claimed Infringement with Lit Fiber’s designated DMCA agent. The DMCA provides the following procedure for parties to follow who wish to file a Notification of Claimed Infringement with Lit Fiber. If the copyright owner knowingly materially misrepresents that material or activity on the Website is infringing the copyright, the copyright owner may be held liable for damages (including but not limited to costs and attorneys’ fees) under Section 512(f) of the DMCA.

To properly serve a Notification of Claimed Infringement on Lit Fiber or any affiliated entities, send your Notification to:

Designated Agent: Alan Blythe

Lit Fiber, LLC

3500 Blue Lake Drive, Suite 225

Birmingham, AL 35243

901.335.3535

ablythe@lit-fiber.com

To be effective under the DMCA, the Notification of Claimed Infringement (“Notification”) must be a written communication provided to Lit Fiber’s designated agent and must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the infringing IP address, time, date, and the time zone to permit Lit Fiber to locate the material;
4. Information reasonably sufficient to permit Lit Fiber to contact the complaining party, such as an address, telephone number and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

‍Procedure for Receiving a Copyright Infringement Claim: Lit Fiber will notify the User of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on a Lit Fiber domain. No personal, customer information is shared with the copyright owner unless required by law.

If we have an accurate postal mail or email address, we will also send a notification to the User who posted the material informing the User that the material was removed or access to it was blocked because of claimed copyright infringement.

If Lit Fiber receives more than one Notice of Copyright Infringement on the User’s part, the User may be deemed a “repeat copyright infringer.” Lit Fiber reserves the right to immediately terminate the accounts of “repeat copyright infringers.” Please see the Repeat Copyright Infringer” policy below.

Lit Fiber is unable to investigate these allegations. We are simply passing along a copyright owner's allegation that the Internet account was used for copyright infringement.

If you believe that the copyright notice was sent in error, it is your responsibility to reach out to the copyright owner and resolve the issue. The copyright owner’s contact information is provided in the copyright notice summary at the end of the copyright infringement notification email you received from Lit Fiber.

‍Counter Notice: If you believe you are the wrongful recipient of a DMCA notification, you may file a counter-notification with our Designated Agent identified above. A counter notification shall be in writing and include following:

• Identification of the material or account that has been removed or to which access has been disabled, including the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that you have a good faith belief, that is, sufficient information that the material was removed or disabled as a result of mistake or misidentification;
• Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address provided by you is located (or if the address provided by you is outside the United States, you consent to the jurisdiction of the Federal District Court for any judicial district in which we may be found), and that you will accept service of process from the person who provided the notice or an agent of such person; and
• Your physical or electronic signature on the counter notification.

To satisfy the signature requirement please designate the electronic signature by typing a forward slash before and after your name (e.g., /Jane Doe/). This format is intended to represent a signature and typed name as is customarily found within the signature block of business correspondence transmitted in hard copy.

We will submit your counter-notification to the party claiming infringement, who must determine whether to take any further action against you.

‍Repeat Copyright Infringer: We are committed to identifying and addressing Users who repeatedly infringe upon the copyrights of others. We will, in compliance with the DMCA, promptly terminate the accounts of users who are determined to be repeat infringers.

We will terminate the privileges, subscription, membership, and/or account of any User who repeatedly uses our website(s) or Service(s) to unlawfully transmit, download, upload, broadcast, stream or post copyrighted material without a license, express consent, valid defense, or fair use exemption to do so.

We will review the circumstances of each situation and the decision to terminate will be at the sole discretion of our Designated Agent based on the frequency and number of complaints against that User.

Generally, we will terminate a User’s account, membership, or subscription when that User has been notified of three (3) complaints/violations within a twelve (12) month period.  We may  terminate a User at any time as we deem appropriate based on the circumstances of the User’s actions.

The User is responsible for submitting a counter notice under the DMCA if the user believes that the user has not infringed a copyright.

Each User understands, acknowledges, and agrees that if his or her account, membership or subscription is terminated pursuant to this DMCA Policy, the User will not attempt to establish a new account, membership or subscription under any name, real or assumed. The User further understands, acknowledges, and agrees that by opening a new account, membership or subscription after being terminated pursuant to this DMCA Policy, he/she will have violated this DMCA Policy and Service Agreements and shall indemnify and hold us harmless for any and all liability that we may incur.

NOTE: The information on this page is provided to you for informational purpose only and is not intended as legal advice. If you believe your rights under United States copyright law have been infringed, you should consult with your attorney.