Digital Millennium Copyright Act ("DMCA") Public Policy

DUO Broadband is committed to maintaining the integrity and availability of its network, systems, and services (the "Services") for the purposes for which they were designed. For this reason, DUO Broadband complies fully with the Digital Millennium Copyright Act ("DMCA") and prohibits the use of its Services to violate the U.S. Copyright Act. The unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may violate the Copyright Act and may subject an account holder to civil and criminal liabilities as well as suspension or termination of their DUO Broadband account.

This policy sets forth how content owners can report claims of copyright infringement, how account holders may respond to such claims, information about DUO Broadband’s policy for the termination of accounts of repeat infringers, and information setting forth account holders’ responsibility for monitoring usage on their accounts.

Claims of Copyright Infringement

All claims of copyright infringement for material believed to be residing on DUO Broadband’s system or network must be set forth in a written communication to DUO Broadband’s designated DMCA agent:

Daryl L. Hammond, VP/CFO
2150 N. Main Street, P.O. Box 80
Jamestown, KY  42629
Email:  dhammond@duotel.com
Phone:  270-343-3131 

Pursuant to 17 U.S.C. § 512(c)(3)(A), to be effective a notification of claimed infringement must include all of the following information:

  • 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 on-line 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 the service provider 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.

If we receive a compliant notice for material residing on DUO Broadband’s system or network, we will remove or disable access to that material subject to applicable laws and make a good faith effort to give notice of the claimed infringement to the account holder. DUO Broadband may disregard any claim of copyright infringement that fails to substantially fulfill the requirements set forth in 17 U.S.C. § 512(c).

Account Holder "Counter Notification"

An account holder who receives a valid DMCA notice and who 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 may provide a written counter notification to DUO Broadband’s designated DMCA agent:

Daryl L. Hammond, VP/CFO
2150 N. Main Street, P.O. Box 80
Jamestown, KY  42629
Email:  dhammond@duotel.com
Phone:  270-343-3131

Pursuant to 17 U.S.C. § 512(g)(3), to be effective a counter notification must include all of the following information:

  • 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; and
  • 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, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the DMCA Notice or that person’s agent.

If DUO Broadband receives a valid counter notification, we will replace the removed material and/or cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notification, unless our designated DMCA agent first receives notice from the entity who submitted the DMCA notice that such entity has filed an action seeking a court order to restrain the account holder from engaging in infringing activity relating to the material on the service provider’s system or network.

If DUO Broadband does not receive a valid counter notification from the account holder, we may permanently delete or disable access to the content that is subject to the DMCA notice.

Repeat Infringement

Pursuant to 17 U.S.C. § 512(i)(1)(A), DUO Broadband will, in appropriate circumstances, suspend and/or terminate account holders who are repeat infringers. Termination for repeat infringement depends on relevant circumstances including, but not limited to, the timeframe in which allegations of infringement are received, whether the account holder is appropriately responding to allegations of infringement, and whether DUO Broadband is able to distinguish individual users who upload or transmit allegedly infringing materials.

Allowing Access to Your Account

DUO Broadband account holders are solely responsible for the activities of users whom they allow to access their account. If one or more user is posting or transmitting infringing content and an account holder does not remove it and/or take appropriate steps to terminate users who are repeat infringers, the account holder may also be liable for infringement, and DUO Broadband may terminate the account in accordance with its repeat infringer policy.

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