DMCA Policy

Digital Millennium Copyright Act Policy

Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements to us. In accordance with the DMCA and other applicable laws, ISP Management, Inc. and Technology Network Communication Access, LLC, hereafter (“ISP”) also maintains a policy to terminate the Service, in appropriate circumstances, provided to any customer or user who is a repeat infringer of third party copyright rights.

ISP’s repeat infringer policy includes graduated or escalated alerts of alleged infringements, acknowledgement of alerts, suspension of the Service, the application of other interim measures determined in its sole discretion to the Service, and, in appropriate circumstances, termination of the Service (and other services provided by the ISP to the Customer). The ISP also reserves the right to terminate the Service at any time with or without notice for any affected customer or user who the ISP, in its sole discretion, believes is infringing any copyright or other intellectual property rights.

Reporting Infringements Under the DMCA

Copyright owners may report alleged infringements of their works by sending ISP’s authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon the ISP’s receipt of a satisfactory notice of claimed infringement for these works, the ISP will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s), if applicable or (ii) disable access to the work(s). The ISP will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s).

Copyright owners may send the ISP a notification of claimed infringement to report alleged infringements of their works under the DMCA to:

ISP Management, Inc.
TNC Access LLC.
302 W Center Street.
Alma, MI 48801
(989) 466-6104
staff@ispmgt.com

Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to the ISP, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

Customer Response

If the Customer receive a DMCA notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then the Customer may send a counter notification to the ISP. Upon the ISP’s receipt of a counter notification that satisfies the requirements of the DMCA, the ISP will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, the Customer expressly agree that the ISP will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

If a notification of claimed infringement has been filed against the Customer, the Customer can file a counter notification with the ISP’s designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.

DMCA Repeat Infringer Policy

The ISP places accounts of customers for whom we receive multiple DMCA notifications of alleged infringement into a multi-step DMCA Repeat Infringer Policy. Upon receipt of repeated DMCA notifications in a calendar month, the customer account will progress from one policy step to the next one.

Process

 Actions that we may take under the DMCA Repeat Infringer Policy include sending alerts of increased visibility to the account’s customer of record. In order to acknowledge these alerts, we may require the customer to log in to the account or call our support team.

ISP reserves the right to suspend or terminate, as well as apply other interim measures to, the internet service of any customer for whom we have continued to receive DMCA notifications of alleged infringement even after ISP has sent repeat infringer alerts. ISP also reserves the right to move a customer account to the next step of the policy upon receiving any number of DMCA notifications from content owners in a given month, or upon learning that the account holder is a repeat infringer. In addition, ISP may terminate in our sole discretion other Services provided to these customers when ISP terminates the internet service under this policy.

Termination of Service

Termination of internet service will be in effect for the period of time communicated to the Customer, typically no less than 180 days.

Restoration of Service

During the termination period, the Customer’s internet service will not be restored for any reason. After this period, if the Customer wishes to restore internet service, the Customer must contact the ISP regarding the same, as the ISP will not automatically restore services to the customer.

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