LUS Fiber respects the intellectual property rights of third parties. Accordingly, you may not use the Service to violate LUS Fiber’s or any third party’s copyright, trademark, proprietary or other intellectual property rights. In accordance with applicable laws, it is the policy of LUS Fiber to suspend or terminate, in appropriate circumstances, the Service provided to any subscriber or account holder whose account activity reasonably indicates an infringement of third party intellectual property rights. This policy is in addition to and does not affect or modify any other rights LUS Fiber may have under law or contract.
If you believe your rights under United States copyright law have been infringed, you should consult an attorney. Nothing in this Agreement, including the following information, is intended to be legal advice, and the following is provided for informational purposes only. LUS Fiber is registered under the Digital Millennium Copyright Act of 1998 (“DMCA”) 17 U.S.C. § 512. Pursuant to the DMCA, you may file a Notification of claimed infringement with the Designated Agent of LUS Fiber if you believe that an LUS Fiber subscriber has violated your rights under the copyright laws of the United States (see 17 U.S.C. Â§ 512(c)(3)).
The Notice of Claimed Infringement must be sent to our designated agent:
- Designated Agent: Eric Grimmett
- Address: 700 St John Suite 300, Lafayette, LA 70501
- Telephone: 337.291.8944
- Facsimile: 337.210.4558
- Email Address: email@example.com
Notices must be in writing and must contain the following minimum elements required by the DMCA (see 17 USC §512(c)(3)):
- A physical or electronic signature of a person authorized to act on your behalf as the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple copyrighted works at a single online site are covered by a single notification.
- 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, along with the infringing IP address, and time, date, and the time zone during which such allegedly infringing activity occurred, to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, the copyright owner, or yourauthorized agent, such as an address, telephone number and, if available, an electronic mail address at which you or your authorized agent may be contacted.
- A statement that you or your authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains all required information, if we have sufficient information to identify the customer, LUS Fiber will notify the subscriber of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on our domain. No personal, subscriber information is shared with the copyright owner unless required by law. If a Notification alleging copyright infringement has been filed against you, you may file a Counter Notification with the Designated Agent of LUS Fiber.
Counter Notifications must be in writing and must contain the following minimum elements required by the DMCA (see 17 USC §512(g)(3)):
- A physical or electronic signature of the subscriber.
- Notice ID, IP Address and Timestamp listed on the Notification of Copyright Infringement.
- The subscribers name, address, and telephone number and Timestamp listed in the Notificationof Copyright Infringement.
- A statement under penalty of perjury that you have in good faith belief of mistake or misidentification of materials.
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located.
Upon receipt of a Counter Notification in the form and format above, LUS Fiber will forward the Counter Notification to the complaining party.
Under the DMCA, any misrepresentation concerning copyright infringement may result in liability for damages incurred as a result of the removal or blocking of material, court costs, and attorney’s fees.