Westphalia Telephone Co. and Westphalia Broadband, Inc.
COPYRIGHT INFRINGEMENT POLICY
Claims regarding copyright infringement
Westphalia Telephone Company and Westphalia Broadband, Inc. (collectively referred to herein as “WTC/WBI”)
Pursuant to the Digital Millennium Copyright Act (“DCMA”), WTC/WBI has implemented procedures for receiving written notification of claimed copyright infringements. If you have a good faith belief that your copyright has been infringed, you may submit a written notice, which must include the following information:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that has allegedly been infringed.
2. A description of the copyright that you claim has been infringed.
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit WTC/WBI to notify the infringing party.
4. Your telephone number and e-mail address.
5. A statement by you that you have a good faith belief that the use of the material is not authorized by the copyright owner or the law.
6. A statement under penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of the copyright that has allegedly been infringed.
This written Copyright Infringement notice may be submitted via e-mail to operations@4wbi.net or by US mail to:
Westphalia Telephone Co.
Attn: Legal Department
P.O. Box 368
109 E. Main St.
Westphalia, MI 48894
Copyright infringement procedures
Any downloading or sharing of copyrighted material including, but not limited to, music and movies (collectively referred to as “Copyrighted Material”), without proper licensing or permission from the owner is prohibited by law. As your Internet service provider, WTC/WBI does not condone the illegal downloading of Copyrighted Material. If WTC/WBI receives a copyright infringement notice as detailed above indicating that a customer has illegally downloaded Copyrighted Material, WTC/WBI will take the following action:
1. Upon the first violation, immediately disconnect the customer’s internet service. When the customer calls in, provide the customer with verbal notice that there has been a copyright infringing action through his or her IP address and that further illegal downloading of Copyrighted Material will result in the suspension or termination of the customer’s account.
2. Upon the second violation, immediately disconnect the customer’s internet service and mail a written notice of the copyright infringement to the customer. When the customer calls in, verbally advise the customer that there has been a second copyright infringing action through the customer’s IP address and that any additional violations of the WBI Copyright Infringement Policy will result in the immediate suspension or termination of the customer’s account. Provide the customer with the copyright details and reiterate WBI’s policy.
3. Upon the third violation, immediately disconnect the customer’s internet service and mail a written notice of the copyright infringement to the customer. When the customer calls in, verbally advise the customer that there has been a third copyright infringing action through the customer’s IP address and that their service has been suspended. If a customer account is terminated due to repeated copyright infringements, the customer will be responsible for the remaining balance left on his or her contract term plus a $150.00 reconnect fee.
Customer Counter-Notice
If the customer believes that a notice of copyright infringement was improperly submitted, the customer may submit a Counter-Notice in writing, which must include the following information:
1. Your physical or electronic signature.
2. Identification of the material mistakenly identified as infringing and any and all support for the customer’s defense that there was not a copyright infringement.
3. In the event that the infringing material has been disabled or removed from your device, the location at which the material appeared before it was removed or access to it was disabled.
4. A statement under penalty of perjury that you have a good faith belief that that the alleged copyright infringing material was misidentified or was incorrectly associated with your IP address.
5. Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of the Federal District Court (i) in the judicial district where your address is located; or (ii) if your address is outside of the United States, for any judicial district in which WTC/WBI may be found, and that you will accept service of process from the Complainant submitting the notice or an authorized agent of such person.
This written Customer Counter-Notice may be submitted via e-mail to operations@4wbi.net or by US mail to:
Westphalia Telephone Co.
Attn: Legal Department
P.O. Box 368
109 E. Main St.
Westphalia, MI 48894