Copyright & DMCA Policy

You have been directed to this page because InfoWest received a complaint that someone used your InfoWest service for the unauthorized copying and distribution of a copyrighted work, probably through a file-sharing program. FIF St. George, LLC (dba InfoWest), consistent with federal law, prohibits the use of InfoWest services for copyright infringement in the Residential Acceptable Use Policy.

If we have your email address on file, you should have previously received an email notice from InfoWest containing the complaint, the title of the specific copyrighted work, and the date and time the distribution occurred. This information is provided to you for informational purposes only and is not intended as 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 Internet service may be terminated.

What actions do I need to take?

If you do not own the copyrighted work, remove it from all computers and other devices where it is stored. If you do own the copyrighted work, take steps to ensure it is not shared online. In most cases, these files are being shared from a computer to the rest of the Internet via a peer-to-peer file-sharing program such as BitTorrent. If the file continues to be shared, InfoWest will continue to receive infringement notices about your account. We also recommend removing the file-sharing program being used to share the files.

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.

Stop file-sharing of copyrighted material over the internet by removing the programs that enable file-sharing, such as peer-to-peer software.

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 and/or the file-sharing software.

How does the complaint process work?

Companies search the Internet looking for evidence of distribution of copyrighted works. Once a company detects this activity, 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 the subscriber assigned that IP address at the time.

How will InfoWest notify me if a complaint is received?

InfoWest uses a graduated approach of increasing severity to notify subscribers, from email notifications to the suspension of Internet service for repeated or severe cases. For this reason, it is very important that InfoWest have a current email address on file for its subscribers.

Could my InfoWest Internet service be disconnected?

Yes. If you do not take the necessary steps to stop your Internet service from being used for copyright infringement, your InfoWest Internet 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 Internet for a period of six months (180 days). After that time, you may subscribe again (additional installation or reconnection charges may apply). However, if after reconnection your Internet service is used again for copyright infringement, your service will again be disconnected, and you may not be permitted to subscribe again.

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. Please note: if you file a counter notification, 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. A physical or electronic signature of the subscriber.
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 the subscriber has a good faith belief that the material was removed or disabled because of mistake or misidentification of the material, or that the subscriber's use was authorized by the copyright owner, or that the subscriber's use of the work constitutes fair use under U.S. copyright law. If relying on fair use, the subscriber must provide a written explanation of the basis for fair use.
4. The subscriber's name, address, and telephone number, along with 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 the United States, for any judicial district in which InfoWest may be found.
5. A statement that the subscriber is willing to accept service of process from the copyright holder or the copyright holder's agent.

The Counter Notification should be sent 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 expressly 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 respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s), if applicable, or (ii) disable access to the work(s). InfoWest will also notify the affected customer or user of the removal or disabling of access to the work(s).

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.