; (4) under a valid court order; or (5) in accordance with section 512 of title 17, United States Code. (d) Enforcement (1) Civil forfeiture (A) In general Any person that is determined by the Commission, in accordance with paragraphs (3) and (4) of section 503(b) of the Communications Act of 1934 ( 47 U.S.C. 503(b) ), to have violated subsection (b) of this section shall be liable to the United States for a forfeiture penalty. The amount of the forfeiture penalty determined under this paragraph shall not exceed $100 for each day of the violation, except that the amount assessed shall not exceed a total of $1,000,000 for the termination of the provision of service to a single customer. (B) Recovery Any forfeiture penalty determined under subparagraph (A) shall be recoverable in accordance with section 504(a) of the Communications Act of 1934 ( 47 U.S.C. 504(a) ). (C) Procedure No forfeiture liability shall be determined under subparagraph (A) against any person unless the person receives the notice required under paragraph (3) or (4) of section 503(b) of the Communications Act of 1934 ( 47 U.S.C. 503(b) ). (D) 2-year statute of limitations No forfeiture penalty shall be determined or imposed against any person under subparagraph (A) if the violation charged occurred more than 2 years prior to the date of issuance of the required notice or notice or apparent liability. (E) Use of forfeiture amounts Notwithstanding section 504(a) of the Communications Act of 1934 ( 47 U.S.C. 504(a) ), the Commission shall use the proceeds of any forfeiture penalty collected under this paragraph to provide assistance to low-income individuals who lack access to affordable broadband service due to the COVID–19 emergency. (2) Private right of action (A) In general A person may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State— (i) an action based on a violation of subsection (b) to enjoin the violation