Effective Date: 09/07/2021
Upward Broadband respects the intellectual property rights of others and is committed to complying with U.S. copyright laws, and we expect our customers to do the same. Customers may not store, access, transmit, share or disseminate any material or content using our services that infringes U.S. copyright laws or other third-party intellectual property rights.
We comply with the Digital Millennium Copyright Act (DMCA). We have provided a method for copyright owners to alert us of acts of alleged copyright infringement by our customers. See contact information below to submit a DMCA request.
Copyright holders may submit a DMCA takedown notice requesting that Upward Broadband remove infringing material from our systems and networks. DMCA takedown notices must include:
- Your physical or electronic signature;
- Identification of the copyrighted material or content you believe to have been infringed or, if the claim involves multiple works, a representative list of such works;
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
- A statement that you have a good-faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or law;
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
When we receive a valid request from a copyright owner we will take appropriate action including but not limited to:
- Investigation of the complaint
- Documentation of our findings
- Removal of the infringing content, if appropriate
- Notification to the customer, and
- Potential suspension or termination of services provided to the customer, as appropriate.
If a customer is a repeat offender, Upward Broadband maintains a policy to take escalating action, including temporary suspension and termination of services for the associated account.
Customers may submit a counter notice to have removed material replaced on Upward Broadband’s systems and networks by submitting a written counter notice containing:
- A physical or electronic signature of the customer;
- 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 customer 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; and
- The customer’s name, address, and telephone number, and a statement that the customer consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the customer’s address is outside the United States, for any judicial district in which Upward Broadband may be found, and that the customer will accept service of process from the person who provided notification or an agent of such person.
All DMCA takedown notices and counter notices should be submitted in writing to:
You may call 717-869-0968 with any questions about this policy.