Tillman FiberCo, LLC and its subsidiaries and affiliates (collectively, “Tillman Fiber”) is a fiber network service provider providing wholesale network access to Retail Service Providers (“RSPs”) selling internet service to consumers. Tillman Fiber operates its network on an open access basis, such that Retail Service Providers can lease access to its network on a wholesale basis (collectively, Tillman Fiber’s “Wholesale Customers”) in order to provide broadband internet access to residential and business customers on a retail basis (collectively, “End User Customers”).
Tillman Fiber respects the intellectual property rights of others and is committed to complying with U.S. copyright laws. Our policy is to respond to notices of alleged infringement that comply with the DMCA. This document describes Tillman Fiber’s policies with respect to the Digital Millennium Copyright Act of 1998 ("DMCA") and Section 512(c) of the Copyright Act. In particular, this policy outlines the procedures for End User Customers to report claims of copyright infringement.
1. DESIGNATED AGENT INFORMATION Pursuant to 17 U.S.C. § 512(c)(2), Tillman Fiber has designated an agent to receive notifications of claimed copyright infringement. The contact information for our designated agent is:
Name: DMCA Agent
Address: Tillman FiberCo, LLC
152 West 57
th Street, 34
th Floor New York, NY 10019
Phone Number: 972-372-0156
Email Address: DMCA@tillmanfiber.com
Our designated agent is registered with the U.S. Copyright Office. A copy of this designation may be found in the U.S. Copyright Office's online directory at:
https://dmca.copyright.gov/osp/. In accordance with U.S. Copyright Office requirements, Tillman Fiber will renew this agent designation every three years to maintain DMCA safe harbor protection.
2. REPORTING COPYRIGHT INFRINGEMENT If you are a copyright owner, or authorized to act on behalf of a copyright owner, and believe that your work has been copied, displayed, or distributed in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing, as required by 17 U.S.C. § 512(c)(3):
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed; A clear description of the copyrighted work that you claim has been infringed (if multiple copyrighted works are being reported, a representative list of such works may be submitted); A description of the material on our service that you claim is infringing and that you request us to remove or disable access to, with sufficient detail to enable us to locate the material (please include the URL or other specific location on our service where the material appears); Your contact information, including your address, telephone number, and an email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be subject to liability for damages, including costs and attorneys' fees incurred by the alleged infringer or by Tillman Fiber.
3. NOTICE AND TAKEDOWN PROCEDURE Upon receipt of a notification of claimed infringement (“Notice of Infringement Claim”) that arguably complies with the requirements set forth above, Tillman Fiber will:
Acknowledge receipt of the Notice of Infringement Claim. The acknowledgement will state (i) that Tillman Fiber’s network has functioned only as a conduit and that courts have held that a service provider performing a conduit function cannot be sent an effective takedown notice; and (ii) that Tillman Fiber has forwarded your notice to its Retail Service Provider that maintains the relationship with the End User that is the subject of the Notice of Infringement Claim. Forward the Notice of Infringement Claim to its RSP that maintains the relationship with the End User that is the subject of the Notice of Infringement Claim Notify the RSP that maintains the relationship with the End User that is the subject of the Notice of Infringement Claim about its receipt of the Notice of Infringement Claim and the terms thereof, so that the RSP may process the notice and take appropriate action which, pursuant to 17 U.S.C. Section 512, may include removal or disabling of access to the material identified in the attached notice and/or terminating the accounts of repeat infringers in appropriate circumstances.
4. COUNTER-NOTIFICATION PROCEDURE If you are an End User whose material has been removed or disabled as a result of a Notice of Infringement Claim and you believe that your material was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to the applicable Retail Service Provider pursuant to 17 U.S.C. § 512(g)(3).
5. REPEAT INFRINGER POLICY Tillman Fiber has adopted and reasonably implemented a policy of supporting the termination, in appropriate circumstances, of the accounts of End Users who are deemed to be repeat infringers. Pursuant to this policy, Tillman Fiber will cooperate with its Wholesale Customers to take all necessary steps to terminate the accounts of End Users who are “repeat infringers” as required by law. A "repeat infringer" is defined as a user who has received three (3) or more valid copyright infringement notifications within an 18-month period. This policy is essential to maintaining our DMCA safe harbor protection under 17 U.S.C. § 512(i).
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KNOWLEDGE OF INFRINGING ACTIVITY To the extent that Tillman Fiber has a contractual relationship with the End User accused of copyright infringement, in addition to responding to formal DMCA notices, Tillman will also address potential copyright infringement when we obtain:
Actual Knowledge: If Tillman Fiber obtains actual knowledge of infringing material on our service outside of the formal DMCA notification process, we will expeditiously remove or disable access to such material.
Red Flag Knowledge: If Tillman Fiber becomes aware of facts or circumstances from which infringing activity is apparent (often called "red flag" knowledge), we will expeditiously remove or disable access to the potentially infringing material.
Users or third parties who wish to bring potential infringement to our attention outside of the formal DMCA notification process may do so by contacting our designated agent.
7. MODIFICATIONS TO POLICY Tillman Fiber reserves the right to modify this DMCA Compliance Policy at any time. Changes will be posted on our website and will take effect immediately upon posting.
