Terms and Conditions

Online Service Agreement

Acceptable Use Policy

Open Internet Policy

DMCA / Copyright Infringement

Online Service Agreement

By signing up for any InfoWest service, you agree to the following terms:

All provisions of InfoWest’s Service Agreement (hereafter ‘Agreement’) apply to the User’s Principal Account and Associate Accounts billed to the Principal Account.

The benefits of or rights conferred by this agreement are non-transferable. Use of InfoWest accounts is expressly limited to the Individual or business whose name appears on the account.

User agrees to use the services in a manner consistent with any and all applicable laws.

User agrees to follow the Acceptable Use Policy of any network the user connects to, Including InfoWest’s system.

If User is less that 18 years of age, Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to use of User’s account(s).

Use of InfoWest’s name or logo for advertising or promotion of a commercial product or service without the express, written consent of InfoWest is prohibited.

User is responsible for all use of User’s account(s) and confidentiality of password(s). InfoWest will suspend access or change access to User’s account(s) immediately upon notification by User that his/her password has been lost, stolen or otherwise compromised.

User is responsible for all local or long-distance telephone charges for connecting to InfoWest.

User agrees to pay InfoWest all charges relating to the use of User’s account(s) according to rates and prices published at the time the service is used. Rates and prices are incorporated into this agreement by reference. User is also responsible for monthly storage charges as described agreed upon. All fees are non-refundable.

Access is subject to credit limits established by the issuer of User’s credit card and by InfoWest. A credit limit is applied to all accounts. User’s access to service may be suspended if User exceeds his/her credit limit unless prior arrangements have been made.

User is responsible to make payments for basic monthly charges for service in advance of receiving service in accordance with InfoWest’s standard billing procedures. All payments are non-refundable.

All disputes must be made within 60 days of billing statement. Disputes and refunds are handled on a case by case basis. For questions, concerns please contact an InfoWest billing team member at 435-674-0165 ext 3.

InfoWest reserves the right to change prices on 30 days notice published On-line.

User agrees to pay all attorneys’ fees, court costs, filing fees including charges or commissions that may be assessed to us by any collection agency retained to pursue this matter, which may be as much as 50% of the principle balance owing. User further agrees to pay interest at the rate of 1.5% per month (18% per year). MINIMUM MONTHLY FINANCE CHARGE: $2.

InfoWest reserves the right to suspend access to service for User’s account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.

THE INFOWEST SERVICE IS PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS. NO WARRANTEES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO INFOWEST OR ANY INFORMATION OR SOFTWARE THEREIN THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY INFOWEST OR ITS PROVIDERS.

Neither InfoWest nor its information Providers are responsible for any damages arising from User’s use of InfoWest or by User’s inability to use InfoWest’s service.

InfoWest reserves the right to change without notice the InfoWest service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors, and services offered.

InfoWest is not responsible for User’s personal files residing on InfoWest. User is responsible for independent backup of his/her data stored on InfoWest.

InfoWest reserves the right to delete User’s personal files after one or both parties terminates agreement.

InfoWest reserves the right in its sole discretion to delete any information entered into InfoWest by User.

InfoWest and its authorized representatives shall have the right, but shall not be obligated to edit publicly viewable information.

USER HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON INFOWEST THROUGH USER’S ACCOUNT(S) DOES NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING OBSCENE OR LIBELOUS.

InfoWest, at its sole business judgment, may terminate this membership Agreement immediately or suspend User’s access to the service upon any breach of this On-line Services Contract by User, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of InfoWest that User may be performing activities harmful to InfoWest or its Users, employees, vendors, business relationships, or any other users of the Internet.

Due to the public nature of the Internet, all e-mail is considered publicly accessible and important information transferred though the Internet.

InfoWest reserves the right to terminate access to service for any User account which has been inactive for 6 months.

Use of distribution list in electronic mail or other mass electronic mailings is subject to approval of InfoWest.

This Agreement shall be governed by the laws of the State of Utah.

InfoWest may modify these terms and conditions upon notice published On-line via InfoWest. User’s use of InfoWest services after such notice shall constitute User’s acceptance of the modifications to this Agreement.

Non-enforcement of any section of this Agreement does not constitute consent and InfoWest reserves the right to enforce this Agreement at its sole discretion.

If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User’s and InfoWest’s agreement on all other paragraphs shall remain valid.User acknowledges that InfoWest accounts allow full access to the Internet which may include some information which contains language, images, or subjects that are for adult audiences or that may be deemed offensive by User. InfoWest will not take any steps to censor any of this material. Should User find any of this material offensive or inappropriate, User’s sole remedy is to cancel User’s account.

InfoWest does not permit the use of any software, program, tool, process, or mechanism that is or could be used for the purpose of guessing or identifying passwords or that makes unauthorized attempts to access other systems or networks. InfoWest will assist local, state, or Federal authorities in their prosecution of anyone making illegal use of InfoWest’s services.

User agrees that User’s password is confidential and agrees to not disclose User’s password to any other person or entity and to take reasonable steps to keep passwords confidential. User agrees that User’s accounts password will contain at least one number or special character (i.e.:!@#$%^&*()_+{}) and will not contain any English words spelled backwards.

The use of Multi-Mail Dial-Up Accounts is limited to Employer/Employee relationships. Reselling of InfoWest Multi-Mail Accounts is strictly prohibited and not permitted by InfoWest.

I acknowledge that InfoWest is not liable or responsible for pre-existing cable or pre-existing mounting hardware. Pre-existing cable and hardware (not installed by InfoWest) is subject, but not limited to:

Cable ran through the attic by either the customer or a third party.
Existing cable running from the exterior communications panel into the home/building.
Existing cable running from the interior communications panel to any location inside the home/building.
Any existing cable used for internet installation from a previous Internet Service Provider.
Any existing mount used for internet installation from a previous Internet Service Provider, Over The Air television antenna or Satellite TV Provider.
Cable buried under the ground.
Cable ran through a conduit or any pipeline.
Any existing cable running from the exterior of the home/building into any location inside the home/building.
Any existing cable running from the interior of the home/building into any location inside the home/building.
Any splices in the cable. (Couplers, punch down blocks, clamshell, twist pair, etc.)

In the event of a failure of the pre-existing cable or mounting hardware, as outlined above, I agree to pay InfoWest $90/hr for the repair or replacement of the cable and/or mounting hardware.

All equipment installed by InfoWest remains the property of InfoWest. A $250 fee will be charged if for any reason InfoWest is not able to retrieve this equipment upon the termination of service.

I give consent that InfoWest will have non-restricted access to their equipment for maintenance, relocation, signal tuning, upgrades and removal of equipment when services are terminated.

Acceptable Use Policy

By signing up for any InfoWest service, you agree to the following terms:

All provisions of InfoWest’s Service Agreement (hereafter “Agreement”) apply to the User’s Principal Account and Associate Accounts billed to the Principal Account.

The benefits of or rights conferred by this agreement are non-transferable. Use of InfoWest accounts is expressly limited to the Individual or business whose name appears on the account.

User agrees to use the services in a manner consistent with any and all applicable laws.

User agrees to follow the Acceptable Use Policy of any network the user connects to, Including InfoWest’s system.

If User is less than 18 years of age, Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to use of User’s account(s).

Use of InfoWest’s name or logo for advertising or promotion of a commercial product or service without the express, written consent of InfoWest is prohibited.

User is responsible for all use of User’s account(s) and confidentiality of password(s). InfoWest will suspend access or change access to User’s account(s) immediately upon notification by User that his/her password has been lost, stolen or otherwise compromised.

User is responsible for all local or long-distance telephone charges for connecting to InfoWest.

User agrees to pay InfoWest all charges relating to the use of User’s account(s) according to rates and prices published at the time the service is used. Rates and prices are incorporated into this agreement by reference. User is also responsible for monthly storage charges as described agreed upon. All fees are non-refundable.

Access is subject to credit limits established by the issuer of User’s credit card and by InfoWest. A credit limit is applied to all accounts. User’s access to service may be suspended if User exceeds his/her credit limit unless prior arrangements have been made.

User is responsible to make payments for monthly charges for service in advance of receiving service in accordance with InfoWest’s standard billing procedures. All payments are non-refundable.

InfoWest reserves the right to change prices on 30 days notice.

User agrees to pay all attorney’s fees, court costs, filing fees including charges or commissions that may be assessed to us by any collection agency retained to pursue this matter, which may be as much as 50% of the principle balance owing. User further agrees to pay interest at the rate of 1.5% per month (18% per year).

InfoWest reserves the right to suspend access to service for User’s account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.

THE INFOWEST SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTEES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO INFOWEST OR ANY INFORMATION OR SOFTWARE THEREIN THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY INFOWEST OR ITS PROVIDERS.

Neither InfoWest nor its information Providers are responsible for any damages arising from User’s use of InfoWest or by User’s inability to use InfoWest’s service.

InfoWest reserves the right to change without notice the InfoWest service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors, and services offered.

InfoWest is not responsible for User’s personal files residing on InfoWest. User is responsible for independent backup of his/her data stored on InfoWest.

InfoWest reserves the right to delete User’s personal files after one or both parties terminate agreement.

InfoWest reserves the right in its sole discretion to delete any information entered into InfoWest by User.

InfoWest and its authorized representatives shall have the right but shall not be obligated to edit publicly viewable information.

User hereby agrees that any material submitted for publication on infowest through user’s account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous.

InfoWest, at its sole business judgement, may terminate this online services contract immediately or suspend User’s access to the service upon any breach of this On-line Services Contract by User, including, but not limited to, refusal or failure to pay for services provided or by sole judgement of InfoWest that User may be performing activities harmful to InfoWest or its Users, employees, vendors, business relationships, or any other users of the Internet.

Due to the public nature of the Internet, all e-mail is considered publicly accessible and important information transferred though the Internet.

InfoWest reserves the right to terminate access to service for any User account which has been inactive for 6 months.

Use of distribution list in electronic mail or other mass electronic mailings is subject to approval of InfoWest.

This Agreement shall be governed by the laws of the State of Utah.

Open Internet Principles of InfoWest, Inc.

The Federal Communications Commission issued rules to preserve the Internet as an open platform. These rules went into effect on November 20, 2011 and can be found here. (http://www.gpo.gov/fdsys/pkg/FR-2011-09-23/html/2011-24259.htm) All Internet service providers are required to post information regarding various issues so that consumers, both residential and business, can make informed choices about choosing an Internet service provider. This document contains information regarding our services and in compliance with the FCC’s rules. The policies contained herein serve as a supplement to the existing terms of service.

The FCC’s rules focus on four primary issues:

Transparency. Fixed and mobile broadband providers must disclose the network management practices, performance characteristics, and terms and conditions of their broadband services;
No blocking. Fixed broadband providers may not block lawful content, applications, services, or non-harmful devices; mobile broadband providers may not block lawful Web sites, or block applications that compete with their voice or video telephony services; and
No unreasonable discrimination. Fixed broadband providers may not unreasonably discriminate in transmitting lawful network traffic.
Reasonable network management. ISPs may engage in reasonable network management to maintain a high quality of service for broadband Internet access.

Network Practices

ISPs must disclose their network practices, specifically in the four general areas listed below. ISPs may not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management. An ISP may not block consumers from accessing lawful Web sites, subject to reasonable network management; nor shall the ISP block applications that compete with the provider’s voice or video telephony services, subject to reasonable network management. ISPs may not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service, although, reasonable network management shall not constitute unreasonable discrimination. The FCC’s rules state that a network management practice is reasonable if it is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service.

Congestion Management

InfoWest does not employ specific network congestion management practices. By this we mean that InfoWest does not have automatic systems that make changes to network routing or individual customer bandwidth and/or latency based on network congestion.

InfoWest reserves the right to temporarily block or throttle internet traffic to customers who do not meet our acceptable use policy as outlined in our Acceptable Use in our Terms and Condition.

High data usage will always impact the bandwidth speed to devices in your home. InfoWest will monitor data usage and take corrective actions if excessive data usage adversely affects the network.

Application-Specific Behavior

InfoWest does not block or rate-control specific protocols or ports with the following exceptions:

All port 25 SMTP connections to and from customers except those from customers who request SMTP connection access and that agree to abide by anti-spam laws and best practices.
Other ports and services may be blocked as requested by the customer or to comply with legal requirements restricting malicious services.
Customers may opt-in to have SPAM, email viruses, objectionable web sites and other services blocked for an additional fee.

Device Attachment Rules

The customer handoff from InfoWest is a standard 100Mb or 1Gb Ethernet connection. This may be connected to a customer’s computer or router. Devices connected to the network MUST NOT send Spanning Tree (STP), Rapid Spanning Tree (RSTP) or other types of Layer 2 network management protocols. Devices connected to the network MUST NOT send Layer 3 routing information such as OSPF, RIP, or BGP traffic to InfoWest equipment.

Security

InfoWest employs industry standard methods to ensure the privacy of its end users.

Performance Characteristics

ISPs must disclose the following network performance characteristics:

Service Descriptions

Fiber optic Internet: InfoWest provides fixed service over fiber-optic cable and copper facilities using Active Ethernet technologies. Speeds are available from 10M x 10M to 1000M x 1000M.
Fixed Wireless: InfoWest provides fixed wireless Internet access using a variety of licensed and unlicensed frequencies, standards and technologies.

Speeds specified are configured as rate limits and are not in any way guaranteed. Service plans specifying a burst feature indicate that speeds in excess of the basic service rate may be available, but are not guaranteed. Latency from our network borders to customer locations is expected to be All services should be acceptable for most real time applications, provided the application bandwidth requirements do not exceed the service plan rate limits.

Impact of Specialized Services:

InfoWest provides VoIP services as described. InfoWest network management does not discriminate against or favor VoIP services from InfoWest any differently than those from other providers.
IPTV services are available in limited areas. We may provide a dedicated Ethernet connection for IPTV separate from other Internet service in order to avoid network congestion on customer Internet circuits.

Commercial Terms

ISPs must disclose the commercial terms of its broadband Internet access service including those listed below.

Pricing

Monthly prices, usage limits and other fees are described on various pages of www.infowest.com.

Privacy Policies

Network management practices do not routinely entail inspection of network traffic. Network traffic may be inspected as needed by InfoWest personnel in the ordinary course of diagnosing and correcting network issues. Network Traffic is not routinely stored or provided to outside parties. Network traffic may be captured, stored, or shared with equipment vendors for the purpose of diagnosing and repairing issues with network equipment or performance. The InfoWest Privacy Policy is published online in the Term and Conditions.

Redress Options

InfoWest prides itself on providing quality customer service. InfoWest uses U.S. based, English speaking customer support for dispute resolution. InfoWest employs a full time technical support staff and world class Customer Relationship Management system to resolve any and all disputes. InfoWest works hard to have a live person available to answer all phone calls. In the event that all phone lines are in use, customers are encouraged to leave voicemails that are attached to InfoWest’s ticketing system. All phone calls, voicemails and emails to InfoWest support generate a support ticket and case number. For any and all disputes, a specific case and case number are generated in InfoWest’s ticketing system. Customers receive email notifications when a new case is generated, when cases are updated and when cases are resolved.

FCC Notice

If a customer believes that these open Internet rules are not being met, the customer may file an informal complaint at the Federal Communications Commission. The FCC urges customers to submit any complaints via its website at the this address: https://consumercomplaints.fcc.gov/hc/en-us. Customers may also file a formal complaint at the FCC using Part 76 of the Commission’s rules.

Additional Disclaimers

The Open Internet Rules, as adopted, and these Open Internet Principles are not intended to affect, alter or otherwise supersede the legal status of cooperative efforts by broadband Internet Access Service Providers and other service providers that are designed to curtail infringement in response to information provided by rights holders in a manner that is timely, effective, and accommodates the legitimate interests of the company, rights holders, and end users. Furthermore, the FCC’s Open Internet Rules, as adopted, and this company’s Open Internet Principles do not prohibit the company from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content. For additional information, please review the Acceptable Use Policy.

Digital Millenium Copyright Act and Online Copyright Infringement

You have been directed to this page because InfoWest received a complaint that someone used your InfoWest services 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, which contains 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 the work from all computers and other devices where stored. If you do own the copyrighted work, then you need to take steps to ensure it is not shared online. In most cases, these files are being shared from a computer with 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 you remove the file sharing program that is 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, please 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 from your computer that enable file-sharing such as peer-to-peer software.

If you still need additional assistance, InfoWest offers fee-based technical support for this issue along with other technical needs through InfoWest tech support by calling 435-674-0165 x2. There are also other non-InfoWest resources that provide technical support for a fee and can assist you in removing the files and/or the file sharing software.

How does the complaint process work?

There are companies that search the Internet, looking for evidence of distribution of copyrighted works. Once a company detects this activity, they record 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 that was assigned that IP address.

How will InfoWest notify me if a complaint is received?

Currently, 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 Internet service will again be disconnected, and you may not be permitted to subscribe again.

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

If you feel that the complaints are in error, you may file a Counter Notification with InfoWest. The process to do this is set forth below. Please note: if you file a counter notification, InfoWest will forward the counter notification to the copyright holder or agent, and they will 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:

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

In order to be effective, you must submit the Counter Notification in writing and include substantially the following:

A physical or electronic signature of the CHSI subscriber.
A description of the material that was removed from the devices, or to which sharing has been disabled.
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 to be removed or disabled, 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 the subscriber is relying upon fair use, then they must provide a written explanation of the basis for fair use.
The subscriber's name, address, and telephone number, along with a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found.
The subscriber must also include a statement that they are willing to accept service of process from the copyright holder or agent of the copyright holder.

The Counter Notification should be sent to InfoWest at copyright@InfoWest.com. Upon InfoWest’s receipt of a Counter Notification that satisfies the requirements of the DMCA, InfoWest will provide a copy of the Counter Notification to the person or entity who 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 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 for an InfoWest IP?

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.

When sending notifications, you will need to use our up-to-date DMCA authorized agent contact details by visiting the official U.S. Copyright Offices DMCA Designated Agent Directory at: https://dmca.copyright.gov/osp/ and searching for InfoWest. Any reporting using means or contacts other than the official DMCA Designated Agent Directory, will be recognized as invalid.

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

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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.
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 the Service Provider to locate the material.
Information reasonably sufficient to permit the Service Provider 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.
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.
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 InfoWest’s receipt of a written Notification containing the information described in 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 Service 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.