At Mainstream Fiber Networks we take claims of copyright infringement seriously. According to the policy set forth below, will comply with such (i) notices of copyright infringement or (ii) counter notices that, in each case, comply with applicable law.
I. If you believe any materials transmitted through Mainstream’s system or network infringe your copyright, you may request the removal of those materials (or access to them) by submitting notification to us at abuse@msfiber.net or mail to Copyright Infringement Management, Mainstream Fiber Networks, LLC, 4788 Old State Road 46, Nashville, IN 47448. In accordance with the Online Copyright Infringement Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. Sec. 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature;
- Identification of the copyrighted work you believe to have been infringed or, if the claim includes multiple works, a general description and representative list of such works;
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
- Adequate information by which we can contact you (including your name, postal address, telephone number and email address;
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
- A statement that the information in your written notice to us is accurate in all respects; and
- A statement under the penalties of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of these requirements your DMCA Notice may not be effective.
Please be aware that if you knowingly and materially misrepresent that material or activity is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) pursuant to relevant provisions of the DMCA.
II. If you believe that material you transmitted through Mainstream’s system or network was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice“) by submitting notification to us at the address first above written above. Pursuant to the DMCA, the Counter Notice must include in substantial form, the following:
- Your physical or electronic signature;
- An 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 disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number and email address;
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material removed or disabled, and
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States, for any Federal Judicial District in which your website is found or relevant materials are or have been digitally transmitted and that you will accept service from the person (or an agent of that person) who provided Mainstream with the complaint at issue.
The DMCA allows us to restore the removed or inaccessible content if the party filing the original DMCA Notice does not file a court action against you within two business days of receiving a copy of your Counter Notice.
Please be aware that if you knowingly and materially misrepresent that your proffered material or activity is not infringing as set forth in the DMCA Notice, you may be held liable for damages (including costs and attorneys’ fees) pursuant to relevant provisions of the DMCA.
Mainstream will promptly deliver DMCA Notices and Counter Notices to the affected adverse party.
It is our policy in appropriate circumstances to terminate the accounts of users who are repeat infringers. On the third notice of infringement, failing our receipt of a successful Counter Notice, infringing accounts will be terminated for cause subject to all contractual rights of Mainstream Fiber Networks, LLC.
