Copyright & DMCA Policy

InfoWest sent you here because we received a complaint that your connection was used to copy or share a copyrighted work, probably through file-sharing software. FIF St. George, LLC (dba InfoWest), consistent with federal law, prohibits copyright infringement using InfoWest service in our Acceptable Use Policy.

We emailed the complaint, the title of the work, and the date and time to the address on your account, if we have one on file. This page is information, not legal advice. You may wish to consult with an attorney.

If you do not take action as outlined below and InfoWest continues to receive complaints, your InfoWest service may be terminated.

What actions do I need to take?

Take these steps:

1. If you do not own the copyrighted work, delete it from all computers and other devices where it is stored. If you do own it, take steps to ensure it is not shared online.
2. Stop sharing the file. In most cases, these files are shared from a computer to the rest of the internet via a peer-to-peer file-sharing program such as BitTorrent.
3. Uninstall the file-sharing program used to share the files.

If the file continues to be shared, InfoWest will continue to receive infringement notices about your account.

How do I remove the files or programs causing this to occur?

If you need to search your computer for files that may be related to the copyright violation notice, visit the support website for your computer's operating system to learn how to do so.

If you need additional assistance, InfoWest offers fee-based technical support for this issue, along with other technical needs, by calling 435-674-0165 x2. Other non-InfoWest resources also provide fee-based technical support that can help you remove the files or the file-sharing software.

How does the complaint process work?

Copyright holders and their agents scan the internet for shared copies of their works. When one finds a copy, it records the title of the work, the date and time of the alleged infringement, and the associated IP address. The copyright holder or agent then sends a complaint to InfoWest, including the date, time, title of the copyrighted work, and the IP address. InfoWest then forwards the complaint to you, as the customer assigned that IP address at the time.

How will InfoWest notify me if a complaint is received?

InfoWest escalates step by step: email notices first, then suspension of service for repeated or severe cases. Keep your email address on your account current so you see the first notice.

Could my InfoWest service be disconnected?

Yes. If you do not take the necessary steps to stop your service from being used for copyright infringement, your InfoWest service will be disconnected, and you are responsible for any applicable early termination fees if you are under a term agreement.

If my service is disconnected, can I sign up for internet service again later?

If your service is disconnected as a result of copyright infringement, you cannot subscribe to InfoWest service for six months. After that time, you may subscribe again (additional installation or reconnection charges may apply). However, if after reconnection your service is used again for copyright infringement, your service will again be disconnected, and we may refuse to reconnect you.

If I believe the complaints are not correct, what can I do?

If you feel the complaints are in error, you may file a counter notification with InfoWest. If you file one, InfoWest will forward it to the copyright holder or agent, who will then have your identity. You may wish to consult an attorney before filing a counter notification.

Counter Notification Requirements

If you receive a DMCA notification of alleged infringement, and you believe in good faith that:

• the allegedly infringing works were not shared from your devices or were misidentified, or
• you have authorization from the copyright owner, or
• your use of the work constitutes fair use under U.S. copyright law,

you must submit the counter notification in writing and include substantially the following:

1. Your physical or electronic signature.
2. A description of the material that was removed from the devices, or to which sharing has been disabled.
3. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled because of mistake or misidentification of the material, or that your use was authorized by the copyright owner, or that your use of the work constitutes fair use under U.S. copyright law. If relying on fair use, you must provide a written explanation of the basis for fair use.
4. Your name, address, and telephone number, along with a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, for any judicial district in which InfoWest may be found.
5. A statement that you are willing to accept service of process from the copyright holder or the copyright holder's agent.

Send the counter notification to InfoWest at copyright@infowest.com. Upon receiving a counter notification that satisfies the requirements of the DMCA, InfoWest will provide a copy of it to the person or entity that sent the original notification of claimed infringement, and will follow the DMCA's procedures with respect to a received counter notification. You agree that any dispute is between you and the copyright holder or its agent, and that you will not make InfoWest a party to any disputes or lawsuits regarding alleged copyright infringement.

If I am the copyright holder (or authorized agent), how can I report a copyright infringement claim?

Copyright owners may report alleged infringements of their works by sending InfoWest's authorized agent an email notification of claimed infringement that satisfies the requirements of the DMCA.

To find our up-to-date DMCA authorized agent contact details, visit the official U.S. Copyright Office DMCA Designated Agent Directory and search for InfoWest. Reporting using any means or contacts other than the official DMCA Designated Agent Directory will be treated as invalid.

For a complaint to be valid under the DMCA, the notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. 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.
3. Identification of the material claimed to be infringing, or to be the subject of infringing activity, that is to be removed or to which access is to be disabled, and information reasonably sufficient to permit InfoWest to locate the material.
4. Information reasonably sufficient to permit InfoWest to contact the complaining party, such as an address, telephone number, and, if available, an email address.
5. 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.
6. 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 receiving a written notification containing the information described in items 1 through 6 above, InfoWest will act promptly to remove the allegedly infringing material or disable access to it, and will notify the affected customer.

Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to InfoWest, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.