This is the official copyright infringement notification policy (“DMCA Policy”) for any service(s) owned, operated, or provided by Lit Fiber LLC and its subsidiaries and its affiliates (“Company,” “our,” “us,” or “we”). This DMCA Copyright Infringement Policy sets forth the policies and procedures that are required for customers, subscribers, users, and visitors (collectively, “Users”) under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3)(“DMCA”).

Lit Fiber respects the intellectual property rights of others and takes claims of copyright infringement seriously. Accordingly, Users may not use Lit Fiber’s network, systems, or servers to transmit, upload, download, post, or submit any content, images, or data in any manner that constitutes an infringement of third-party intellectual property rights, including under US copyright law. Sharing copyrighted material using peer-to-peer (“P2P”) technologies without the permission of the copyright owner or its authorized representative is, in many instances, unlawful and can subject infringers to potential civil and criminal liability. The unlawful use of copyrighted materials also violates Lit Fiber’s High Speed Internet Terms of Service and Acceptable Use Policy.

Procedure for Submitting a Copyright Infringement Claim

Lit Fiber is registered under the DMCA. Under the DMCA, copyright owners have the right to notify Lit Fiber if they believe that a Lit Fiber User has infringed the copyright owner’s work(s). If a copyright owner believes that a Lit Fiber’s User has copied your work in a way that constitutes copyright infringement, the copyright owner may file a Notification of Claimed Infringement with Lit Fiber’s designated DMCA agent. The DMCA provides the following procedure for parties to follow who wish to file a Notification of Claimed Infringement with LitFiber. If the copyright owner knowingly materially misrepresents that material or activity on the Website is infringing the copyright, the copyright owner may be held liable for damages (including but not limited to costs and attorneys’ fees) under Section 512(f) of the DMCA. To properly serve a Notification of Claimed Infringement on Lit Fiber or any affiliated entities, send your Notification to:

Designated Agent: Alan Blythe
Lit Fiber, LLC
3500 Blue Lake Drive, Suite 225
Birmingham, AL 35243
901.335.3535
ablythe@lit-fiber.com

To be effective under the DMCA, the Notification of Claimed Infringement (“Notification”) must be a written communication provided to Lit Fiber’s designated agent and must include the following information:
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1.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, are presentative list of such works at that site;
3. 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 the infringing IP address, time, date, and the time zone to permit Lit Fiber to locate the material;
4. Information reasonably sufficient to permit Lit Fiber 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;
5. 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
6. 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.

Procedure for Receiving a Copyright Infringement Claim

Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in one through six above, Lit Fiber will notify the User of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on a Lit Fiber domain. No personal, customer information is shared with the copyright owner unless required by law.

If we have an accurate postal mail or email address, we will also send a notification to the User who posted the material informing the User that the material was removed or access to it was blocked because of claimed copyright infringement. 

If Lit Fiber receives more than one Notice of Copyright Infringement on the User’s part, the User may be deemed a “repeat copyright infringer.” Lit Fiber reserves the right to immediately terminate the accounts of “repeat copyright infringers.” Please see the Repeat Copyright Infringer policy below.

Lit Fiber is not in a position to investigate these allegations. We are simply passing along a copyright owner's allegation that the Internet account was used for copyright infringement.

If you believe that the copyright notice was sent in error, it is your responsibility to reach out to the copyright owner and resolve the issue. The copyright owner’s contact information is provided in the copyright notice summary at the end of the copyright infringement notification email you received from Lit Fiber.

Repeat Copyright Infringer

We will terminate the privileges, subscription, membership, and/or account of any User who repeatedly uses our website(s) or Service(s) to unlawfully transmit, download, upload, broadcast, stream or post copyrighted material without a license, express consent, valid defense, or fair use exemption to do so.

A person does not have to be found guilty of copyright infringement in a court to be deemed a repeat infringer. We will review the circumstances of each situation and the decision to terminate will be at the sole discretion of our Designated Agent based on the frequency and number of complaints against that User.

Generally, we will terminate a User’s account, membership, or subscription when that User has been notified for three (3) complaints/violations over a period of three (3) months but no more than four (4) notices over a period of twelve (12) months. Multiple notices for the same IP address within thirty-six (36) hours will be considered to be a single notice. However, we reserve the right to terminate a User at any time as we deem appropriate based on the circumstances of the User’s actions.

Each User understands, acknowledges, and agrees that if his or her account, membership or subscription is terminated pursuant to this DMCA Policy, the User will not attempt to establish a new account, membership or subscription under any name, real or assumed. The User further understands, acknowledges, and agrees that by opening a new account, membership or subscription after being terminated pursuant to this DMCA Policy, he/she will have violated this DMCA Policy and Service Agreements and shall indemnify and hold us harmless for any and all liability that we may incur.

NOTE: The information on this page is provided to you for informational purpose only and is not intended as legal advice. If you believe your rights under United States copyright law have been infringed, you should consult with your attorney.