General Statement
Time Warner Cable’s subscribers and account holders may not upload, post, route, transmit, link or otherwise make available on or via the Road Runner® Service any material protected by copyright in a manner that infringes that copyright.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), Time Warner Cable’s policy is to terminate, in appropriate circumstances, the Road Runner Service of any subscriber or account holder who is a repeat infringer. If you believe that a Time Warner Cable subscriber or account holder has engaged in repeated infringement of your copyrighted materials in connection with the Road Runner Service, please provide our designed copyright agent (see below for more details) with information sufficient to show that the subscriber or account holder is a copyright infringer and that appropriate circumstances exist for Time Warner Cable’s termination of such subscriber or account holder. In particular, we request that you establish to our satisfaction that your methodology for determining that the identified subscriber or account holder is an infringer is accurate, reliable and fair.
Right to Terminate or Suspend Service
Notwithstanding our Repeat Infringer Policy set forth above, as provided in the Time Warner Cable Subscriber Agreement, we expressly reserve the right to terminate or suspend the service of any subscriber or account holder even for a single act of copyright infringement.
Termination of Service
Each subscriber and account holder agrees that, if he or she is terminated pursuant to this policy, he or she will not attempt to establish a new account with Time Warner Cable under any name, real or assumed. Please note that not all services provided by Time Warner Cable limit usage to subscribers and account holders, and that Time Warner Cable is not able to terminate service usage by users who are neither subscribers nor account holders.
Reservation of Rights
These policies do not affect any other rights that Time Warner Cable may have under law or contract, and all such rights are expressly reserved by Time Warner Cable.
DMCA Notices and Counter-Notices
The DMCA provides recourse for copyright owners who believe that that material appearing on the Internet infringes their rights under U.S. copyright law. Specifically, if you believe in good faith that material infringing your rights resides on the Road Runner Service by reason of storage at the direction of any user, or that such infringing material is at an online location that is referred or linked to via an information location tool (such as a directory, index, reference, pointer or hypertext) made available as part of the Road Runner Service, you (or your agent) may sent to Time Warner Cable a notice requesting that Time Warner Cable remove the material or block access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement against you, the DMCA permits you to send to us a counter-notice. Notices and counter-notices should be sent to Time Warner Cable’s designated copyright agent (see below), and must meet the following requirements:
(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 that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Time Warner Cable to locate the material;
(4) Information reasonably sufficient to permit Time Warner Cable to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(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; and
(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.
We suggest that you consult your legal advisor before filing a notice or counter-notice.
Designated Copyright Agent
DMCA notices and counter-notices, and repeat infringer information, should be delivered to Time Warner Cable’s designated copyright agent:
C. Dzujna
Time Warner Cable
60 Columbus Circle
New York, NY 10023
copyright@twcable.com