Access Cable DMCA Repeat Infringer Policy for Broadband Internet Service
“DMCA” stands for the Digital Millennium Copyright Act. It provides copyright owners with a process for notifying service providers that store or host customer content (such as websites, hosting services and Internet service providers) of alleged copyright infringements by their users. In most cases, these service providers are required to act on valid notifications and to terminate (in appropriate circumstances) subscribers and account holders who are repeat copyright infringers. Copyright infringement takes a variety of forms, but frequently consists of the unauthorized downloading or sharing of files containing music, movies, television shows or computer games. Access Cable is committed to complying with U.S. copyright laws and we require all internet customers to comply with them too. Therefore, our customers and users may not store any material or content, or access, download, share or distribute any material or content using our internet services, in any manner that constitutes an infringement of third party copyrights.
Copyright owners may report alleged infringements of their works by sending Access Cable’s authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. In accordance with the Online Copyright Infringement Liability Limitation Act, 17 USC Sec. 512(3), Access Cable has filed with the United States Copyright Office the necessary designated agent information to facilitate notice to Sherry Smith of alleged online copyright infringement on Access Cable’s network. Access Cable’s designated agent for notification of alleged copyright infringement and counter notification is as follows.
Name: Sherry Smith
Company: Access Cable Television, Inc.
Address: P.O. Box 4005, West Somerset, KY 42564
Phone: 877-821-2288
Fax: 606-677-2443
Email: dmca@accesshsd.net
As an Internet Service Provider, we typically receive notifications of alleged infringement from content owners that include a non-personally identifying set of numbers (known as an Internet Protocol or IP address). This IP address is visible to third parties on the Internet and is associated with activity that the copyright owner alleges is infringing. If we are able to match the IP address on the date and time listed in the content owner’s notification with our records, then we will notify our customer whose account was assigned that IP address. We do not disclose any information about your identify to content owners under the DMCA (unless there is a valid court order requiring us or one of our affiliates to do so).
When we receive an initial DMCA notification, we inform the customer of the copyright infringement via telephone or email and ask them to (1) remove the allegedly infringing work(s) if applicable, or (2) disable access to the work(s). This Repeat Infringer Policy will be explained to the customer. Any customer for whom we receive multiple DMCA notifications from content owners will be considered a repeat infringer. Upon receipt of a second DMCA notification for the same customer account, Access Cable will suspend the customer’s broadband internet service for a period of three (3) days. Your regular service charges apply during suspension. If your internet account is suspended, you will have no internet access or service during suspension. This means any services and devices that use the internet (e.g., your computer, smart phone, tablet, or gaming console) will not properly work, or will not work at all. If the suspended customer subscribes to Access Cable Video or Voice services, those services will remain working during the life of the suspension. To end the suspension of your Access Cable Internet service, you must call us at 877-821-2288, or your local office. A $50.00 installation/reconnection fee will be assessed to the customer at the end of the suspension if the customer wishes to reconnect his or her internet service. If we receive new notifications of alleged infringement from content owners about a previously suspended account, that account will be immediately suspended again for a period of seven (7) days. Regular service charges apply during suspension. To end the second suspension of your Access Cable internet service, you must call us at 877-821-2288, or your local office. A $50.00 installation/reconnection fee will be assessed to the customer at the end of the second suspension if the customer wishes to reconnect his or her internet service. If Access Cable subsequently receives new notifications of alleged infringement from content owners about a previously twice suspended account, the customer’s internet service will be immediately terminated indefinitely. If the customer subscribes to Access Cable Voice services, those services will also be terminated indefinitely. Access Cable Video services will remain working if the customer desires. During the termination period, your Access Cable Internet service will not be restored for any reason. After a period of 180 days, if the customer wishes to restore their Access Cable Internet service, he or she must call us at 877-821-2288 to apply, as we will not automatically restore services and reserve the right to deny service. Applicable installation fees will be assessed.
Access Cable reserves the right to change this Repeat Infringer Policy at any time, with or without notice.
Please contact us at 877-821-2288, or at dmca@accesshsd.net if you have any questions or concerns related to our DMCA Policy and our Repeat Infringer Policy. A representative will help you with your copyright-related questions.