File A Counter-Notification
You have a right under the Digital Millennium Copyright Act to provide Cincinnati Bell with a counter-notification concerning the allegations of infringement. This counter-notification will be forwarded to the party that provided us with the original notice and will reveal your identity to them which makes it easier for them to sue you for copyright infringement, or threaten to sue you to facilitate some other settlement that may include a demand that you pay monetary damages. Understand that filing a counter-notification is not simply a proclamation of your innocence. Your decision to send one to a Copyright Owner could result in litigation against you which could prove expensive and burdensome. Before you exercise your right to file a counter-notification it is strongly recommended that you consult an attorney.
Your counter-notification must be in writing and substantially contain the following elements to be effective:
- Your physical or electronic signature.
- Identification of the files or materials that have been removed or to which we have disabled access or demanded that you disable access and the location at which such files or materials appeared before they were removed or access to them was disabled.
- Your statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- You must provide us with your name, address and telephone number and you must state that you consent to the jurisdiction of the United States District Court for the district where you are located or if you live outside the United States, that you consent to the jurisdiction of the judicial district where we are located (Southern District of Ohio).
- You must also affirm that you will accept service of process from the agent or from the person who provided us the original notice of infringement.
If you wish to submit a counter-notification, please send it to email@example.com or by postal mail to the Fioptics/Zoomtown designated agent at the following address:
Patrick Crotty, Corporate Counsel
Cincinnati Bell DMCA Support
Attn: Security Department
221 East Fourth Street
Suite 121-300, P.O. Box 2301
Cincinnati, Ohio 45201
Please be sure to include both the name in which your Fioptics/Zoomtown account is maintained and your account number.
If we receive a counter-notification meeting these requirements from you, we will provide the sender of the original notice with a copy of your counter-notification. If Cincinnati Bell (or any of its vendors acting upon its instructions) itself has removed disabled access to the files or materials, we will also notify the sender that Cincinnati Bell will restore the removed items or cease disabling access (as the case may be) in ten business days unless the copyright owner or its agent notifies us within that period that it has filed an action seeking a court order to restrain the allegedly infringing activity.