Flying Bull Internet, LLC (d/b/a NOVOS FiBER) (“NOVOS FiBER”), an internet service provider (ISP), respects the copyrights of others and does not approve of any account holders, subscribers, or other customers (each a “Customer” and collectively “Customers”) using or allowing others to use NOVOS FiBER’s services to engage in copyright infringing activities. This policy statement and its procedures (“Policy”) apply in the event a Customer’s account is allegedly being used for copyright infringement activities (e.g., P2P file sharing activities that infringe the copyrights of others), and is intended to comply with Title II of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”).
NOVOS FiBER’s services (“Services”) consist of providing Customers with high-speed internet access over fiber connections. NOVOS FiBER does not provide services like, for example, system caching or web hosting for Customers. In other words, NOVOS FiBER is merely a conduit ISP and, thus, subject to safe harbor from copyright infringement claims under the DMCA, see 17 U.S.C. § 512(a).
NOVOS FiBER has designated the following agent to receive notifications of claimed copyright infringement (“Copyright Agent”):
Please direct all notices and other communications described in this Policy to NOVOS FiBER’s Copyright Agent at the above-stated address(es). All such notices and other communications must be in writing, and email is the most efficient way to submit them.
The following applies if you are a copyright owner and you want to report copyright infringing materials or activities on or through the Services by reason of the alleged transmission, routing, or provision of connections for the material (or the intermediate and transient storage of the material in the course of such transmission, routing, or provision of connections) through a system or network controlled or operated by or for NOVOS FiBER (e.g., conduit ISP services, such as when NOVOS FiBER provides a Customer with internet access and the Customer then engages in P2P file sharing activities that infringe the copyrights of others). See 17 U.S.C. § 512(a). To report a claim of alleged copyright infringement, you (as the complaining party) must comply with all of the following requirements, which are largely based on the notification requirements of 17 U.S.C. § 512(c)(3)(A):
If, as the result of a Takedown Notice cited against you or your account with NOVOS FiBER, you have a good faith belief that you or your account were warned, suspended, or terminated by mistake or misidentification, then you may submit a counter-notification (“Counter-Notice”) to NOVOS FiBER for its consideration. To be effective, your Counter-Notice must comply with the all of the following requirements, which are largely based on the counter-notification requirements of 17 U.S.C. § 512(g)(3):
It is the policy of NOVOS FiBER in appropriate circumstances to terminate a Customer’s account with NOVOS FiBER (and, thus, disable the Customer’s internet access though NOVOS FiBER’s Services) if the Customer is a “repeat infringer” of copyrights. If a Customer is designated a repeat infringer, then NOVOS FiBER also has the right to terminate the Customer’s agreement(s) with NOVOS FiBER for breach and without penalty or recourse to NOVOS FiBER. Whether and how NOVOS FiBER determines that a Customer as a repeat infringer will depend on the circumstances and is subject to NOVOS FiBER’s discretion. For example, NOVOS FiBER may suspend or terminate a Customer’s account (and, thus, temporarily or permanently disable the Customer’s internet access through NOVOS FiBER’s Services) if, despite warning, there are continued third-party allegations of copyright infringement against the account (with each Takedown Notice that Novice Fiber receives and counts against the account referred to herein as a “Strike”). NOVOS FiBER has and reserves the right, but not the obligation, to refrain from counting a Takedown Notice as a Strike against a Customer’s account when the Customer submits a valid Counter-Notice that NOVOS FiBER believes establishes a legitimate excuse for the alleged copyright infringement; however, the foregoing should not be interpreted or construed as requiring NOVOS FiBER to refrain from counting a Takedown Notice as a Strike when a Customer submits a valid Counter-Notice, even if the Counter-Notice establishes a legitimate excuse for the alleged copyright infringement.
Please note that if you knowingly materially misrepresent that any materials or activities on or through the Services are infringing, or that any such materials or activities were removed or disabled by mistake or misidentification, then you may be exposed to liability. See 17 U.S.C. § 512(f) (misrepresentations).
NOVOS FiBER shall not be liable to any person for any claim based on NOVOS FiBER’s good faith disabling of access to, or removal of, or restoration of material or activity claimed to be infringing or based on facts or circumstances from which infringing activity is apparent, regardless of whether the material or activity is ultimately determined to be infringing. See 17 U.S.C. § 512(g). NOVOS FiBER does not have an obligation to monitor its Services or affirmatively seek facts indicating infringing activities, except to the extent consistent with a standard technical measure complying with the provisions of 17 U.S.C. § 512(i). See 17 U.S.C. § 512(m)(1).
NOVOS FiBER reserves the right to invoke and rely on any and all DMCA safe harbors that may apply under the circumstances, see 17 U.S.C. §§ 512(a)-(d).
This Policy is intended to comply with the DMCA, and to comport with NOVOS FiBER’s prohibition of copyright infringing activities under its current Acceptable Use Policy and Terms & Conditions. All defined terms set forth in this Policy are intended to only apply to this Policy. Section headings are inserted in this Policy for reference and convenience only and in no way define, limit, or describe the scope or intent of this Policy.
This Policy shall not be interpreted or construed as providing you with any sort of legal advice or opinions about the matters described herein. That is not the intention or purpose of this Policy. If you have any questions about this Policy, the matters described in this Policy, or how to comply with this Policy (including, for example, questions about copyright infringement, your legal rights related to an allegation of copyright infringement, or whether and how to submit or address any of the notices or other communications described in this Policy), then you should consult with your own attorney.
This Policy was last modified on March 8th, 2025.
