Copyright Infringement Policy & Operating Procedures

Effective August 11, 2023

Policy
This Copyright Infringement Policy and Operating Procedures (“CIPOP”) outlines how Rapid Fiber Internet (“Rapid Fiber”) implements the requirements of the Online Copyright Infringement Liability Limitation Act of 1988 (17 U.S.C. § 512). As provided for in that Act, Rapid Fiber has the right to terminate the services of customers who repeatedly infringe copyrights. As a general rule, Rapid Fiber will utilize a “three-strike” termination rule for repeat infringers.

Procedure
Pursuant to the Digital Millennium Copyright Act (“DMCA”), copyright owners may report alleged infringements of their works by sending Rapid Fiber’s authorized agent a notification of claimed infringement (a “take-down notice”) that satisfies the requirements of the DMCA. Copyright owners should send take-down notices to

Attention: Rapid Fiber DMCA Agent

Email: abuse@rapid-fiber.com

Mailing Address:
PO Box 1543
Live Oak, FL 32064

When Rapid Fiber receives a take-down notice that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act, Rapid Fiber will (1) review the take-down notice, (2) promptly remove or disable access to the content identified as infringing, and (3) notify the affected customer or user with an appropriate warning letter via U.S. mail and electronic mail.

  • First Warning. Letter to customer or user informing him, her, or them of the alleged copyright infringement and violation of Rapid Fiber’s Terms and Conditions (specifically, the Acceptable Use Policy and Service Agreement). The letter will also inform the customer or user that Rapid Fiber may suspend or terminate service if violation continues.
  • Second and Final Warning. If a second offense is alleged to have occurred within a 12-month period, a second warning letter will be sent to the customer or user reiterating what was contained in the first warning. The letter will make clear that it is the customer or user’s second and final warning. The mailed version will be sent via certified mail.
  • Notice of Termination. If a third offense is alleged to have occurred within a 12- month period, Rapid Fiber will terminate the service and send a letter, via certified mail, to the customer or user notifying the customer or user that the account has been terminated, effective immediately, and that all Rapid Fiber equipment must be returned to Rapid Fiber. The consequences for failing to timely return Rapid Fiber’s equipment can be found in the Service Agreement.

A customer or user may file a counter notification to any take-down notice filed against him, her, or them (i.e., if the customer or user believes in good faith that the allegedly infringed works have been removed or blocked by mistake or misinformation). These counter notifications must comply with Section 512(g)(3) of the U.S. Copyright Act and be sent to Rapid Fiber’s DMCA Agent at the contact information provided above.

Upon receipt of a DMCA-complaint counter notification, Rapid Fiber will provide a copy of the counter notification to the party who submitted the take-down notice and will comply with the DMCA’s procedures regarding the submission of a counter notification.

Reserved Rights of Rapid Fiber
Rapid Fiber reserves the right to act immediately and without notice to suspend or terminate services in response to a court order or other legal requirement that certain conduct be stopped or when Rapid Fiber, in its sole discretion, determines that the conduct may

  • expose Rapid Fiber to sanctions, prosecution, or civil action;
  • cause harm to or interfere with the integrity or normal operations of Rapid Fiber’s network or facilities;
  • interfere with another person’s use of Rapid Fiber’s Services or the internet;
  • damage or disparage the reputation of Rapid Fiber or its services; or
  • otherwise present a risk of harm to Rapid Fiber or Rapid Fiber’s customers, or their employees, officers, directors, managers, agents, or other representatives.

Rapid Fiber also reserves the right and sole discretion to determine what constitutes a separate take-down notice.

Modifications and Updates to this CIPOP
Rapid Fiber reserves the right to modify and update this CIPOP at any time in its sole discretion. Notification will be provided (1) by posting the updated version on Rapid Fiber’s website (the date under the title of the Policy will be updated, and the word “Revised” will precede the date); and (2), via the email address associated with the Customer’s Rapid Fiber account.

Contact Us
Any questions about this CIPOP should be directed to Rapid Fiber’s DMCA Agent via legalnotices@rapid-fiber.com.

 

Copyright Infringement Policy and Operating Procedures (PDF)