Notice and Procedure for Making Claims of Copyright
Infringement
NOTE: THE FOLLOWING
INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS
REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN
INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE,
REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE
THROUGH THIS PROCESS.
Pursuant
to the Digital Millennium Copyright Act, Title 17, United States Code, Section
501 et seq., copyright owners or their authorized agents may submit a complaint
of alleged copyright infringement to BHI if they have a good-faith belief that
their protected works are being infringed. BHI will respond to all such
notifications that are sent to:
Builder Homesite, Inc.
11900 Ranch Road 620 N
Austin, TX 78750-1345
Attn: Kamal Kantawala
(512) 651-8821
(512) 371-9552 (fax)
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To be
effective, the notification must be a written communication that includes:
·
A physical or electronic signature
of a person authorized to act on behalf of the owner of a right that is
allegedly infringed;
·
Identification of the copyrighted
work claimed to have been infringed, or, if multiple copyrighted works at a
single Website are covered by a single notification, a representative list of
such works at that Website;
·
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; and
·
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
receipt of such notification, BHI shall promptly investigate the matter, and,
if appropriate, remove or disable access to the allegedly infringing material.
After BHI removes or disables access to such material, if such material was
posted by a user of the Site, BHI will notify the party that posted the
material of its action. Such party may then provide BHI's designated agent
proper "counter-notification" stating his, her or its authority to
post the allegedly infringing material, which BHI will forward to the alleged
copyright owner. BHI will inform the alleged copyright owner that BHI will
repost the removed material or cease disabling access to it in ten to fourteen
business days unless the alleged copyright owner sends a second notification to
BHI's designated agent stating that it has filed suit against the alleged
infringer.
An
effective counter-notification must be sent to BHI's designated agent, whose
name and address are listed above. The notice must include the following
information:
·
The counter-notifying party's
physical or electronic signature;
·
Identification of the material that
has been removed or disabled and the location where the material was before its
removal or disablement;
·
A statement, under penalty of
perjury, that the party has a good faith belief that the material was removed
or disabled as a result of mistake or misidentification; and
·
The counter-notifying party's name,
address, phone number, and a statement that the party consents to the
jurisdiction of the federal court in its district, or if the subscriber is
foreign, it consents to any jurisdiction where BHI is subject to jurisdiction,
and that the subscriber will accept service of process from the person who
provided BHI with notification or an agent of such a person.