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NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDER ("Foothills Telephone Company") REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated Agent:
Service Provider: Foothills Rural Telephone Cooperative Corp., Inc. (or) (Foothills Telephone Company) (or) (Foothills Telephone Cooperative)
Name of Agent Designated to Receive
Notification of Claimed Infringement: Lonnie M. Kelly
Full Address of Designated Agent to
Which Notification Should be Sent: 1621 Kentucky Route 40 West, Staffordsville, KY 41256
Telephone Number of Designated Agent: 606-297-3501
Facsimile Number of Designated Agent: 606-297-9618
Email Address of Designated Agent: lkelly@foothills.net
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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 information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit South Central 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;
- 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
- 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.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:
- Foothills Telephone Company shall remove or disable access to the material that is alleged to be infringing;
- Foothills Telephone Company shall forward the written notification to such alleged infringer ("Subscriber");
- Foothills Telephone Company shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
Counter Notification:
To be effective, a Counter Notification must be a written communication provided to Foothills Telephone Company's Designated Agent that includes substantially the following:
- A physical or electronic signature of the Subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
- Foothills Telephone Company shall promptly provide the Complaining Party with a copy of the Counter Notification;
- Foothills Telephone Company shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
- Foothills Telephone Company shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Foothills Telephone Company's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Foothills Telephone Company's network or system.
If Foothills Telephone Company receives a proper notification, promptly removes or blocks access to the material identified in the notification, Foothills Telephone Company is exempt from liability. In addition, Foothills Telephone Company is exempt from claims of subscriber or any person based on its having blocked or removed the material.
Penalties are provided for knowing material misrepresentations in either the notice or counter notice. Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked throught mistake or misidentification, is liable for any resulting damages (including costs and attorney's fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider (Foothills Telephone Company).
1621 Kentucky Route 40 West
Staffordsville, KY 41256
Phone: 606-297-3501
E-mail: lkelly@foothills.net
About The Digital Millennium Copyright Act
Full Text of the Digital Millennium Copyright Act
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