DMCA Policy

1. Introduction

Bluebonnet Fiber is committed to complying with the Digital Millennium Copyright Act (DMCA) and respecting the intellectual property rights of others. This policy outlines the procedures for copyright owners to report alleged infringements and the actions Bluebonnet Fiber will take in response to such reports.

2. Reporting Copyright Infringements

To file a DMCA notice with Bluebonnet Fiber, the copyright owner or their authorized agent must provide the following information as required by law:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Bluebonnet Fiber to locate the material.
• Contact information for the copyright owner or their authorized agent, including address, telephone number, and email address.
• A statement that the complaining party has a good faith belief that the 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 copyright owner.

Additionally, to appropriately identify the responsible party the DMCA notice must include:

• The IP address and timestamp at which the alleged infringement occurred; or
• a packet capture of the offending traffic with substantially the same information.

After recieving notice, Bluebonnet Fiber will work to identify the subscriber and take appropriate action. The copyright owner or their authorized agent will be notified what actions have been taken at completion.

3. Importance of IP Address and Timestamp in the Context of DHCP

Bluebonnet Fiber utilizes Dynamic Host Configuration Protocol (DHCP), a protocol where we assign IP addresses to devices on a network for a limited period. Because IP addresses can change frequently, the timestamp is crucial for identifying the specific instance of alleged infringement. This information helps Bluebonnet Fiber accurately trace the activity to the correct subscriber at the time of the alleged infringement. Bluebonnet Fiber controls over 4 octolion (4x10^38) IP addresses and is unable to appropriately attribute an IP address to a subscriber without a timestamp.

4. Repeat Infringer Termination Policy

Bluebonnet Fiber has a policy for terminating the accounts of repeat infringers in appropriate circumstances. A subscriber will be considered a repeat infringer if they receive four (4) DMCA notices within a 90-day period. DMCA notices where a counter-notice has been made are not counted towards this policy. Upon receiving the fourth notice, the following steps will be taken:

• The subscriber will be notified of the impending termination and given a 21-day grace period or the end of their next billing cycle, whichever is greater, before disconnection of service.
• A terminated account holder will be ineligible to hold an account with Bluebonnet Fiber at any address. This prohibition will continue for two (2) years from the date of termination or in accordance with our data retention policy, wichever is less.

5. Counter-Notice Procedure

If a subscriber believes that a DMCA notice was filed in error, they may submit a counter-notice to Bluebonnet Fiber. The counter-notice must include:

• The subscriber's physical or electronic signature.
• 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.
• The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the 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 Bluebonnet Fiber may be found, and that the subscriber will accept service of process from the person who provided the DMCA notice or an agent of such person.

6. Contact Information

For any questions or to submit a DMCA notice or counter-notice, please contact Bluebonnet Fiber at:

• Email: [email protected]
• Phone: 1 (855) 956-2583

Bluebonnet Fiber reserves the right to modify this policy at any time. Changes will be effective upon posting to our website.