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DMCA Policy and Procedure for Making Claims of Copyright Infringement
WOW! requires that all Customers and users of the Service comply with U.S. copyright and related laws. It is WOW!’s policy in accordance with the Digital Millennium Copyright Act (the "DMCA") and other applicable laws to reserve the right to terminate in appropriate circumstances the Service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who WOW! believes in its sole discretion is infringing these rights. WOW! may terminate the Service at any time with or without notice for any affected customer or user. These policies do not affect any other rights WOW! may have under law or contract.
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 DMCA to report alleged infringements. Pursuant to the DMCA, you may file a Notification of claimed infringement with the Designated Agent of WOW! if you believe that your rights under U.S. copyright law (See Title 17, United States Code, Section 512(c)(3)) have been violated. The DMCA provides the following procedure for parties to follow who wish to file a Notification of claimed infringement with WOW!.
To serve a Notification on WOW!, send your Notification to:
Name of Designated Agent to Receive Notification: Dave Walden
Address to Which Notification Should be Sent:
1674 Frontenac Road, Naperville, Illinois 60563
Telephone Number of Designated Agent:
630-536-3100
Facsimile Number of Designated Agent:
630-536-3108
Email Address of Designated Agent:
abuse@wideopenwest.com
Contents of Notification
In order to be effective under the DMCA, the Notification must (i) be in writing, and (ii) provided to the Designated Agent of WOW!.
In order for such a complaint to be effective under the DMCA, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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.
- 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.
- 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.
- 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, WOW! will, in accordance with applicable law:
- Remove or disable access to the material that is alleged to be infringing; and
- Take reasonable steps to promptly notify the subscriber that it has removed or disabled access to the material.
Contents of Counter Notification
If a notice of copyright infringement has been filed against you, you may file a Counter Notification with WOW!’s Designated Agent. In order to be effective, a Counter Notification must be written and include substantially the following:
- A physical or electronic signature of the subscriber.
- 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.
- 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.
- 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, WOW! will, in accordance with applicable law:
- Promptly provide the complaining party with a copy of the Counter Notification; and
- Replace the removed material or cease disabling access to the material within 10 to 14 business days following receipt of the Counter Notification, unless WOW!’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 WOW!’s system or network.
NOTE: Under the DMCA, 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 attorneys fees. See Title 17, United States Code, Section 512(d).
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.
Violation of Acceptable Use and Other Policies
If Customer (or any user of Customer’s account) uses the Service in a way that WOW!, in its sole discretion, believes violates WOW!’s Acceptable Use or other policies, WOW! may take any responsive actions that it deems appropriate, including temporary or permanent removal of content and the immediate suspension or termination of all or any portion of the Service. WOW! and its agents will have no liability for any these responsive actions.
WOW! further reserves the right to investigate suspected violations of its policies. Customer expressly authorizes WOW! to cooperate with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this policy. This cooperation may include WOW! providing available personally identifiable information about Customer to law enforcement or system administrators, including, but not limited to, user name, subscriber name, and other account information. Upon termination of Customer’s account, WOW! is authorized to delete any files, programs, data and e-mail messages associated with Customer’s account.
CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS WOW! AND ITS AFFILIATES, SUPPLIERS, AND AGENTS AGAINST ALL CLAIMS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) RESULTING FROM CUSTOMER ENGAGING IN ANY OF THE PROHIBITED ACTIVITIES LISTED IN THIS POLICY OR RESULTING FROM CUSTOMER’S VIOLATION OF THE POLICY OR OF ANY OTHER POSTED WOW! POLICY RELATED TO THE SERVICE. CUSTOMER’S INDEMNIFICATION WILL SURVIVE ANY TERMINATION OF THE APPLICABLE CUSTOMER SUBSCRIPTION AGREEMENT OR THE CUSTOMER’S USE OF THE SERVICE.
(Revised as of August 25, 2005)
