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NOTICE AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
HomeRights Copyright Agent for notice of claims of copyright
infringement on or relating to this web site can be reached either
by:
1. sending an e-mail to info@homeright.com;
or
2. sending a letter via the U.S. Mails to:
HomeRight, Copyright Agent
PO Box 49281
Minneapolis, MN 55449
Phone: 763-780-5115
Fax: 763-785-5727
Notification: To be effective, the Notification must include
the following:
1. A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed;
2. 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;
3. 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 HomeRight to locate the material;
4. Information reasonably sufficient to permit HomeRight 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;
5. 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
6. 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 the written Notification containing the information
as outlined in 1 through 6 above:
1. HomeRight will remove or disable access to the material that
is alleged to be infringing;
2. HomeRight will forward the written notification to such alleged
infringer (the "Alleged Infringer");
3. HomeRight will take reasonable steps to promptly notify the
Alleged Infringer that it has removed or disabled access to the
material.
Counter Notification: To be effective, a Counter Notification
must be a written communication provided to HomeRights Designated
Agent that includes substantially the following:
1. A physical or electronic signature of the Alleged Infringer;
2. Identification of the material that has been removed or to
which access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the Alleged Infringer
has a good faith belief that the material was removed or disabled
as a result of mistake or misidentification of the material to
be removed or disabled;
4. The Alleged Infringer's name, address, and telephone number,
and a statement that the Alleged Infringer consents to the jurisdiction
of federal district court for the judicial district in which the
Alleged Infringers address is located, or if the Alleged
Infringer's address is outside of the United States, for any judicial
district in which HomeRight may be found, and that the Alleged
Infringer will accept service of process from the person who provided
notification or an agent of such person.
Upon receipt of a Counter Notification containing the information
as outlined in 1 through 4 above:
1. HomeRight will promptly provide the Complaining Party with
a copy of the Counter Notification;
2. HomeRight will inform the Complaining Party that it will replace
the removed material or cease disabling access to it within ten
(10) business days;
3. HomeRight will replace the removed material or cease disabling
access to the material within ten (10) to fourteen (14) business
days following receipt of the Counter Notification, provided HomeRights
Designated Agent has not received notice from the Complaining
Party that an action has been filed seeking a court order to restrain
Alleged Infringer from engaging in infringing activity relating
to the material on HomeRights network or system.
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