SiteBuilder Now is committed to complying with U.S. copyright law and requests that all those who access and use its services do the same. In conformity with the Digital Millennium Copyright Act of 1998 (“DMCA”) SiteBuilder Now has implemented Copyright Infringement Notification and Counter Notification procedures. SiteBuilder Now may, in appropriate circumstances and at its discretion, terminate the accounts of, or service to, users who infringe the intellectual property rights of others.
Copyright Infringement Notification
If you believe your work has been copied on a Web page hosted by a SiteBuilder Now service, we may remove or prevent access to the allegedly infringing material following receipt from you of the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located;
- Your address, telephone number and e-mail address; and
- A statement under penalty of perjury that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law and that the information you are submitting is accurate.
You may submit your Notification of Copyright Infringement to SiteBuilder Now’s designated agent as follows:
By mail:
Re: Notice of Copyright Infringement
Corporate Counsel
SiteBuilder Now
11207 NW 26th Avenue
Vancouver, WA 98685
By E-mail: abuse@sitebuildernow.net
Please be aware that under the DMCA anyone submitting a Notification of Copyright Infringement (“Notification”) who makes misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or prevention of access of the allegedly infringing material.
Upon receipt of a Notification containing all the information requested above, SiteBuilder Now will remove or disable access to the material that is alleged to be infringing, forward written Notification to the alleged infringing Client, and take reasonable steps to promptly notify the Client that SiteBuilder Now has removed or disabled access to the material.
Copyright Infringement Counter Notification
If you believe in good faith that a Notification of Copyright Infringement has been wrongfully submitted against you, you may submit a counter-notice to SiteBuilder Now’s designated agent for notice at the address listed above. Include the following information in the Counter Notification:
- Identification of the material that has been removed or to which access has been disabled;
- A statement, made under penalty of perjury, that you have good faith belief that the material was removed or disabled through mistake, or misidentification;
- Your contact information, including, name, address, telephone number;
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the Service Provider may be found, and that you will accept service of process from the person who provided notification or an agent or such person; and
- Provide your physical or electronic signature or that of a person authorized to act on your behalf.
Following receipt of a Counter Notification that contains all the information requested above, SiteBuilder Now will (i) promptly provide the party complaining of infringement that it will replace the removed material or cease disabling access to it within ten (10) business days, and (ii) replace the removed material or cease disabling access to it within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided SiteBuilder Now’s designated agent has not received notice from the party complaining of infringement that an action has been filed seeking a court order to restrain Client from engaging in infringing activity relating to the material on SiteBuilder Now’s network or hosted Web page.
SiteBuilder Now reserves the right to revise, amend, or modify its copyright infringement notification and counter-notification procedures at any time and in any manner without prior notice, and with such changes effective upon posting.