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Digital Millennium Copyright Act |
We respect and will respond as
required by law to conforming notices of alleged infringement that comply
with the Digital Millennium Copyright Act (http://www.copyright.gov/legislation/dmca.pdf) and other applicable
intellectual property laws, which may include removing or disabling access
to material claimed to be the subject of infringing activity.
NOTICE: We reserve the right not to act upon,
or respond to, or even acknowledge receipt of, any alleged notification
that does not conform to the statutory elements of the DMCA as regards the
elements of conforming notification
as required in the appropriate provisions of the DMCA.
A conforming
notification must be in the form of
a hard copy document (by fax or regular mail -- not by email or
phone) that
sets forth ALL the numbered items specified below. If requested by email (contact
us), a functioning fax number will be provided. This requirement of a hard
copy for communicating a conforming notification is to provide for the
transmission of the signature to the essential sworn oaths, made under threat of perjury,
as required in the DMCA and described in items 5 and 6 below. Therefore, the hard copy requirement will
not be waived under any circumstance. Alleged notifications that do not
contain every one of the required data points, or are not in the form of a
signed hard copy, are not conforming and will not be acknowledged.
Please note that you may be
liable for civil damages (including costs and attorneys' fees) and
criminal penalties if you materially misrepresent that a product or
activity is infringing your copyrights.
We strongly suggest that you
consult an attorney with knowledge of copyright law and the DMCA before
you file a DMCA notice .
Your notification claiming a copyright
infringement and demanding our compliance with the take-down provisions of
the DMCA must contain the following specific elements, identified in your
notice by the numbers.
Non-conforming documents will not be acted
upon.
1.
Location of the alleged infringement - Identify the exact location
URL (web address) of every page that displays the copyrighted work that you believe has been infringed.
No claim will be honored that lacks this element.
2.
Identify the specific material that you claim is infringing the
copyrighted work listed in item #1 above. No claim will be honored that
lacks this element.
That means you must quote the text or identify which specific
graphics are claimed as infringing.
For Forums that we
host you must identify each and every message that you claim as
infringing. To do that, place your cursor over the Topic of an allegedly
infringing message and right click on your cursor. In the menu that opens,
the URL of that message is listed, highlight, copy and paste that URL into
your notification. Note that if you posted the material in a forum that we
host that you now wish to claim is alleged infringing, your claim may be
denied because the TOS of all forums we host contains a copyright license.
3.
Contact Info for you - Provide information reasonably sufficient to
permit BuildingHosting.Com to contact you. That means both an email address and
a postal address. We do not engage in phone conversations regarding
copyright issues. No claim will be honored that lacks this element.
4.
Identify the alleged infringer -
This element is the only optional element of a conforming notification.
We recognize that you may not know or be able to learn the identity and
contact information for an alleged infringer. Provide
information, if possible, information sufficient to permit BuildingHosting.Com to
notify the owner, web master or administrator of the web page that
allegedly contains infringing material. If you have individual names,
company name, address, etc., they would be welcome but are
not required.
5.
IMPORTANT: Include the following
statement verbatim: "I have a good faith belief that use of the
copyrighted materials described above on the allegedly infringing web
pages is not authorized by the copyright owner, its agent, or the law."
No claim will be honored that lacks this element.
6.
IMPORTANT: Include the following statement verbatim: "I
swear, under penalty of perjury, that the information in the notification
is accurate and that I am the copyright owner or am an agent of the
copyright owner authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed." No claim will be honored
that lacks this element.
7.
Sign the document and have that signature witnessed by a Notary Public or other
responsible public official authorized as a public witness. No claim
will be honored that lacks this element.
8.
Mail the document (certified mail return receipt is recommended for
your protection and ours) to the following address:
BuildingHosting.Com
Attn: Customer Support, DMCA Notifications
845 Bergen Ave (#385)
Jersey City, NJ 07306
