Copyright Infringement Policy

Operating Procedures Copyright Infringement

I. Objective:

Cookson Hills Connect, LLC complies with the Online Copyright Infringement Liability Act of 1998 (17 U.S.C. § 512). As required by that Act, this policy reserves the right for Cookson Hills Connect, LLC to terminate the internet service of members who repeatedly infringe copyrights.

II. Policy:

Pursuant to the Digital Millennium Copyright Act (“DMCA”), copyright owners may notify a service provider such as Cookson Hills Connect, LLC of alleged copyright infringement carried out on the provider’s network.

When Cookson Hills Connect, LLC receives a notification of copyright infringement, it will take the following steps:

First warning – Letter is sent to member notifying them of their copyright infringement and violation of Cookson Hills Connect, LLC’s Acceptable Use Policy (AUP) and the Broadband Service Order and Agreement Terms & Conditions (T&C). This letter will also inform them that Cookson Hills Connect, LLC may suspend or terminate service if the violation continues. (Attachment A)
Second warning – If there is a second offense in a 12-month period, a second warning will be sent. This letter will notify the member of their copyright infringement and violation of Cookson Hills Connect, LLC’s AUP and T&C. The letter will also inform the member that Cookson Hills Connect, LLC may suspend or terminate service if the violation continues. (Attachment B)
Final warning – If there is a third offense in a 12-month period, Cookson Hills Connect, LLC will issue a final warning letter to the member. This letter will be sent via certified mail. This letter will notify the member of their copyright infringement and violation of Cookson Hills Connect, LLC’s AUP and T&C. The letter will also inform the member that Cookson Hills Connect, LLC may suspend or terminate service if the violation continues. (Attachment C)
Notice of termination – If there is a fourth offense in a 12-month period, Cookson Hills Connect, LLC will terminate the service and send a letter to the member via certified mail. This letter will notify the member that their account has been terminated, effective immediately, and that the equipment should be returned to Cookson Hills Connect, LLC. (Attachment D)

Cookson Hills Connect, LLC reserves the right to act immediately and without notice to suspend or terminate services in response to a court order or other legal requirement that certain conduct be stopped, or when Cookson Hills Connect, LLC determines that the conduct may:

Expose Cookson Hills Connect, LLC to sanctions, prosecution, or civil action;
Cause harm to or interfere with the integrity or normal operations of Cookson Hills Connect, LLC’s network or facilities;
Interfere with another person’s use of Cookson Hills Connect, LLC Services or the Internet;
Damage or disparage the reputation of Cookson Hills Connect, LLC or its services; or
Otherwise, present a risk of harm to Cookson Hills Connect, LLC or Cookson Hills Connect, LLC’s customers or their employees, officers, directors, agents, or other representatives.

III. Record Retention:

All Copyright Infringement Notifications and supporting documentation shall be kept in a vault at Cookson Hills Connect, LLC headquarters for 5 years.

All correspondence with the member shall be retained in Cookson Hills Connect, LLC’s imaging system for a minimum of 5 years.

A database that includes account number, date of notification, etc., will also be kept of all Copyright Infringement Notifications.

IV. Responsibility:

The Chief Technology Officer is listed as the FCC and ISP Designated Agent and will be the primary point of contact for all Copyright Infringement Notifications. This position, with the help of IT and customer support, is responsible for carrying out the steps of this policy.