Digital Millennium Copyright Act Policy

Digital Millennium Copyright Act Policy

It is the policy of INSIDE REAL ESTATE to respect the legitimate rights of copyright owners, their agents, and representatives while at the same time reducing the number of allegations that we receive that are fraudulent or difficult to understand or verify.  This page explains our policy regarding notices of copyright infringement and is intended to implement the procedures for the reporting of alleged copyright infringement set forth in the United States Digital Millennium Copyright Act, or DMCA (see U.S. Copyright Office website, http://www.copyright.gov, for DMCA text). Our policy includes responding to clear notices of copyright infringement.  The purpose of this page is to help you understand what should be present in these notices.

Please note that we may document notices of alleged infringement on which we act.  If you submit a notice, it will be forwarded to the person who provided the allegedly infringing content.  Likewise, a copy of your notice may be sent to a third-party which may publish and/or annotate it. For example, the notice or letter you submit (with personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.

Our response to notices may include disabling access to or removing material alleged to be the subject of infringing activity, irrespective of whether or not we may be liable for infringement under U.S. or other law.  We may also terminate subscribers in response to notices.  If we determine to take any such action in response to a notice, we will make a good-faith attempt to contact the subscriber (e.g., owner or administrator of the affected site or content) so that they may have the opportunity to make a counter notification.

Designated Agent

Notices of copyright infringement should be sent to our Designated Agent.  Our Designated Agent to receive notification of alleged infringement under the DMCA is:

INSIDE REAL ESTATE

Attn: DMCA Compliance

P.O. Box 970154

Orem, UT 84097

Fax: (801) 851-5187

Email: info@inside-real-estate.com

Infringement Notifications

To file a notice of infringement with us, you must provide a written communication by fax or regular mail setting forth the information identified in each of the numbered paragraphs below.  Email will not be accepted except by prior agreement.  Please note that if you materially misrepresent that a product or activity is infringing your copyrights, you will be liable for damages, including attorneys’ fees and costs.

Please use the following format to assist us in expeditiously processing your request:

1. Identify the copyrighted work that you believe has been infringed using reasonable sufficient detail.  For example, you may provide the title of the work, any ISBN number, or copyright registration numbers.  You may also use URLs where the original copyrighted text appears.
2. Identify the material that you claim is infringing the copyrighted work listed in paragraph #1 above with reasonably sufficient detail to permit us to locate it.  This requires that you provide any search query that you used to locate allegedly infringing content, and the URL for each allegedly infringing search result.
3. Provide INSIDE REAL ESTATE information reasonably sufficient to permit us to contact you.  If available, please provide your email address.
4. If available, provide INSIDE REAL ESTATE information reasonably sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content. If available, please provide their email address.
5. Include the statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
6. Include the statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
7. Sign the notice.
8. Send the written communication to our Designated Agent at the following address:

INSIDE REAL ESTATE

Attn: DMCA Compliance, Notifications

P.O. Box 970154

Orem, UT 84097

OR fax to:  (801) 851-5187, Attn: DMCA Compliance, Notifications

We remind you that this legal notice will be forwarded to the person who provided the allegedly infringing content and may be sent to a third-party which may publish and/or annotate it.

Counter Notification

Pursuant to sections 512(g)(2) and (3) of the DMCA, the owner/administrator of an affected site or provider of affected content may provide a counter notification.  If counter notification is provided, we may reinstate the content in question.

To file a counter notification with us, you must provide a written communication by fax or regular mail setting forth the information indentified in each of the numbered paragraphs below. Please note that if you materially misrepresent that a product or activity is not infringing, you will be liable for damages, including attorneys’ fees and costs.

Please use the following format to assist us in expeditiously processing your counter notification:

1. Identify 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. For example, identify the specific URLs or other unique identifying information of material that INSIDE REAL ESTATE has removed or to which INSIDE REAL ESTATE has disabled access.
2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the U.S. judicial district for the District of Utah if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
3. Include the statement: “I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
4. Sign the counter notice.
5. Send the written communication to the following address:

INSIDE REAL ESTATE

Attn: DMCA Compliance, Counter Notifications

P.O. Box 970154

Orem, UT 84097

OR fax to:  (801) 851-5187Attn: DMCA Compliance, Counter Notifications

For any additional questions regarding the DMCA process for INSIDE REAL ESTATE, please contact us at info@inside-real-estate.com or (800) 656-1646.

Account Termination

Under appropriate circumstances, INSIDE REAL ESTATE may, in its discretion, terminate authorization of users of its system or network who are repeat infringers.  If you believe that an account holder or subscriber is a repeat infringer, please contact INSIDE REAL ESTATE as set forth above and provide information sufficient for us to verify the repetitive infringing conduct.