DFT Communications® High Speed Internet Acceptable Use and Service Policies

DFT Communications® (“DFT®“) provides its High Speed Internet services (“Services”) to users who pay a monthly service fee to subscribe to the Services. By establishing an account of using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other policies.

If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 10 of the DFT® Internet Service Agreement.

Members must abide by the DFT® Internet Service Agreement and other policies. DFT® High Speed Internet Service is for a single business or single residence. Unauthorized reselling of DFT® services, or DFT® equipment, is strictly forbidden and is in violation of the DFT® Acceptable Use Policy (“AUP”). High Speed Internet Service may not be used to provide Internet Access of Services to other networks or connections outside of your single business or residency. Connections to your network or computer systems from outside sources will be considered THEFT OF SERVICE defined below under section 165.15, subsection 4 of PENAL Law of the State of New York, AND YOU WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.

THEFT OF SERVICES contrary to the provisions of Section 165.15, subsection 4 of the PENAL Law of the State of New York, in that said Defendant did INTENTIONALLY AND KNOWINGLY:

A person guilty of theft of services when: With intent to avoid payment by himself or another person of the lawful charge for any telecommunications service, including, without limitation, cable television service, or any gas, steam, sewer, water, electrical, telegraph or telephone service which is provided for a charge or compensation, he obtains or attempts to obtain such service for himself or another person or avoids or attempts to avoid payment therefore by himself or another person by means of (A) tampering or making connection with the equipment of the supplier, whether by mechanical, electrical, acoustical or other means or (B) offering for sale or otherwise making available, to anyone other than the provider of a telecommunications service for such service providers own use in the provision of its service, any telecommunications decoder or descrambler, a principal function of which defeats a mechanism of electronic signal encryption, jamming or individually addressed switching imposed by the provider of any such telecommunications service to restrict the delivery of such service or (C) any misrepresentation of fact which he knows to be false, or (D) any other artifice, trick, description, code or device.

Copyright infringement most commonly involves the possession, downloading, or sharing of electronic copies of music, movies, 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 infringing activity.

 

It is the policy of DFT Communications Internet Services Corporation to discourage the use of our network and services, to download materials in violation of copyright, trademark or other intellectual property laws.

 

Based on the IP address involved, a copyright holder that believes an infringement has occurred will send the company a notice describing the event.  When we receive such notices, we determine what customer was assigned the IP address at the date(s) and time(s) listed in the notice(s).  We only track IP address assignment and not how or where the IP address is used.  We do not monitor or track customer activity on the Internet.

 

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 with 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.

 

If we receive repeated copyright infringement notifications for the customer over a period of time, 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 not limited to, reducing the customer’s bandwidth, or suspending or terminating their internet service.

 

If the customer feels a mistake has been made or that the copyright for the material mentioned is not being infringed upon, they may file a counter-notification with the copyright holder or work with them directly.

 

Customers may wish to seek legal advice from an attorney if they receive a copyright infringement notice.

 

NOTICES:

 

Pursuant to the Digital Millennium Copyright Act (the “DMCA”), you may file a Notification of claimed infringement with the Designated Agent of a Service Provider if you believe that a Web page hosted by Netsync Internet Services Corporation or one of its affiliates, as the Service Provider (hereinafter “Service Provider”), is violating your rights under U.S. copyright law. (See Title 17, United States Code, Section 512(c)(3)). The DMCA provides the following procedure for parties to follow who wish to file a Notification of claimed infringement with a Service Provider.

 

To serve a Notification on Service Provider:

Name of Designated Agent to Receive

 

DMCA Agent: Rob Sciarrino

Address to Which Notification Should be Sent: 38 Temple Street / PO Box 209 Fredonia, NY 14063-0209
Telephone Number of Designated Agent: 716-673-3000
Facsimile Number of Designated Agent: 716-679-4005
Email Address of Designated Agent: rob.sciarrino@dftel.com

 

Notification: In order to be effective under the DMCA, the Notification must (i) be in writing, and (ii) be provided to the Designated Agent of a Service Provider.

 

In order for such a complaint to be effective under the DMCA, Notification must include the following:

  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, a representative 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 information reasonably sufficient to permit the Service Provider to locate the material.
  4. Information reasonably sufficient to permit the Service Provider 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.
  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.

Upon receipt of the written Notification containing the information described in 1 through 6 above, Service Provider will:

  1. Take reasonable steps to promptly notify the subscriber that it has removed or disabled access to the material.

 

Counter Notification: If a notice of copyright infringement has been filed against you, you may file a Counter Notification with a Service Provider’s Designated Agent. In order to be effective, a Counter Notification must be written and include substantially the following:

  1. A physical or electronic signature of the subscriber.
  2. 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 to it was disabled.
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the subscriber will accept service of process from the person who provided Notification or an agent of such person.

 

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, Service Provider shall:

  1. Promptly provide the complaining party with a copy of the Counter Notification;
  2. Replace the removed material or cease disabling access to the material within 10 to 14 business days following receipt of the Counter Notification, unless the Service Provider’s Designated Agent first receives notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringing party from engaging in infringing activity relating to the material on Service Provider’s system or network.

 

NOTE: Under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney’s fees. See Title 17, United States Code, Section 512(f).

 

NOTE: The information on this page is provided to you for informational purposes only, and is not intended as legal advice. If you believe your rights under U.S. Copyright law have been infringed, you should consult an attorney.