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) 371-9552 (fax)
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.