Dobson Technologies, Inc. d/b/a Dobson Fiber, and its affiliates and subsidiaries (herein “Dobson Fiber”) respects the intellectual property rights of others. We discourage the use of our network and services to download materials in violation of copyright, trademark, or other intellectual property laws. Dobson Fiber will investigate claims of alleged infringement and will take appropriate action under the Digital Millennium Copyright Act (“DMCA”), Dobson Fiber’s Copyright and Trademark Policy, and applicable Terms and Conditions of Service.
1. Copyright infringement most commonly involves the possession, downloading, or sharing of electronic copies of music, movies, games, or videos without the permission or approval of the copyright holder. To protect their interests, copyright holders frequently monitor websites and other popular download locations to record the title, date, time, and Internet Protocol (IP) address associated with the infringing activity.
2. Dobson Fiber undertakes reasonable efforts to comply with the DMCA (including any amendments) to report and block alleged copyright infringements.
a. Copyright owners may send Dobson Fiber a notification of claimed infringement to report alleged infringements of their works to the Designated Agent listed in paragraph 4 below.
b. If a notification of claimed infringement has been filed against you, you can submit a counter-notification with Dobson Fiber’s designated agent using the contact information shown in paragraph 4 below. All notifications and counter-notifications must satisfy the requirements of the DMCA.
c. Based on the IP address involved, the copyright holder determines the Internet Service Provider (ISP) that manages the IP address and sends the ISP a notification describing the event. When Dobson Fiber receives such notification, we determine what customer was assigned the IP address at the date(s) and time(s) listed in the notification(s).
d. Dobson Fiber only tracks the IP address assignment and not how or where the IP address is used. We do not monitor or track customer activity on the Internet except for reasonable network management.
e. If we are able to identify a customer with the IP address, we will contact the customer so they are aware of the allegation(s) of copyright infringement and to provide them an opportunity to prevent the activity or remove the material. We do not release a customer’s identity to the copyright holder unless we are required to do so by a court order or subpoena.
f. If we receive repeated copyright infringement notifications for the customer, we will escalate our response to ensure the customer is aware of the situation and to provide suggestions that may help resolve the problem. If we continue to receive copyright infringement notifications against the customer, we will take appropriate action, which could include, but is not limited to, reducing the customer’s bandwidth, or suspending or terminating their Internet service.
3. Under the provisions of 17 U.S.C. §512(c)(3), those claiming infringement should include ALL of the following information in their notifications to Dobson Fiber:
a. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that it is allegedly infringed;
b. A description of the copyrighted work claimed to have been infringed;
c. A description of where the material that is claimed to be infringing is located;
d. Mailing address, telephone number, email address and all other information reasonable, sufficient to permit Dobson Fiber to contact the complaining party;
e. A statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the above 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 alleged infringed.
4. Notifications relating strictly to DMCA claims alleging copyright infringement should be directed to our Designated Agent at:
a. Dobson Technologies, Inc.
b. c/o Yaana, Inc.
c. Mailing address: 1525 McCarthy Blvd.
d. Suite 1000-1210
e. Milpitas, California 95035
f. Email Address: dobson-dmca@netd-ttp.com
g. Telephone Number: +1-800-291-2491
5. If a Customer believes that a mistake has been made or that the copyright for the material mentioned is not being infringed upon, they may submit a counter-notification with the copyright holder or work with the copyright holder directly. Please contact the Designated Agent listed in paragraph 4 above for more information.
a. Customers may wish to seek legal advice from an attorney if they receive a copyright infringement notice.
6. Copyright Infringement/Repeat Infringer Policy
a. Customers may not store any material or use Dobson Fiber’s systems or servers in any manner that constitutes an infringement of third-party intellectual property rights, including under US copyright law. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, it is the policy of Dobson Fiber to suspend or terminate, in appropriate circumstances, the service provided to any subscriber or account holder who is deemed to infringe third-party intellectual property rights, including repeat infringers of copyrights. In addition, Dobson Fiber expressly reserves the right to suspend, terminate or take other interim action regarding the service of any user or account holder if Dobson Fiber, in its sole judgment, believes that circumstances relating to an infringement of third-party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights Dobson Fiber may have under law or contract. After five DMCA notifications, your internet service will be suspended; once suspended for five DMCA violations, Customer may obtain a reinstatement of service upon providing to Dobson Fiber satisfactory information and/or documentation of Customer’s compliance with the DMCA as determined in Dobson Fiber’s sole and absolute discretion; should Dobson Fiber receive a sixth DMCA violation notification, Customer may obtain a reinstatement of service upon providing to Dobson Fiber satisfactory information and/or documentation of Customer’s compliance with the DMCA as determined in Dobson Fiber’s sole and absolute discretion, and a reconnect fee will be imposed. If Dobson Fiber receives the seventh notice, your service will be terminated. Also, if a properly served court order requires Dobson Fiber to terminate a subscriber’s internet access, your service will be terminated. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the service in a manner that is not authorized by the copyright owner, its agent or the law, you may contact our Designated Agent listed in paragraph 4 above.
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