Digital Millennium Copyright Act (DMCA)

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy to respond expeditiously to any notice that any content posted on our website infringes the copyright rights of others. All claims of copyright infringement will be investigated, and appropriate action will be taken, including but not limited to removal of the infringing content and termination of user access, if applicable.

Notification of Copyright Infringement

If you believe in good faith that materials hosted on the website infringe your copyright, you (or your agent) may send us a DMCA Take Down Notice (“Takedown Notice”) requesting that the material be removed, or access to it blocked.

The Takedown Notice should be sent to our Designated Copyright Agent at the contact information below:

The Takedown Notice must include the following information:

(a)  a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single Takedown Notice, a representative list of such works);
(c)  identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to allow us to locate the material on the website;
(d) information reasonably sufficient to permit us to contact you, including without limitation, your name, address, telephone number, and email address;
(e)  a statement that you have 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
(f)   a statement that the information in the Takedown Notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that you may be liable for damages if you file a false Takedown Notice. You should consult with an attorney before sending a Takedown Notice to determine your rights and obligations.

If we remove or disable content or access to content in response to a Takedown Notice, we will make a good faith attempt to contact the provider of the alleged infringing content so that they may make a counter notification. We will keep a record of Takedown Notices provided by you and any subsequent action taken.

Counter Notification of Copyright Infringement

If you believe content you posted was removed in error pursuant to a Takedown Notice, you may send a notice (a “Counter Notification”) to our Designated Agent at the contact information provided below.

To file a Counter Notification, you must send us the following information in writing:

(a)  Your full name, address, telephone number, and e-mail address;
(b) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;
(c)  Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the content to be removed or disabled;"
(d) Include a statement that you: (1) consent to the jurisdiction of the Federal District Court for the jurisdiction in which your address is located, or the jurisdiction of the courts in Beaufort County, South Carolina, if you are located outside of the United States, and (2) will accept service of process from the person who provided the initial Takedown Notice, or its agent; and
(e)  Sign the Counter Notification if sent by mail or type your name or attach a digital signature if sent by email.

HHIMLS may forward your Counter Notification, including your personal information contained in the Counter Notification, to the party who submitted the initial Takedown Notice. By submitting a Counter Notification, you consent to the use of your information in this manner. We will not forward the Counter Notification to any party other than the author of the initial Takedown Notice unless required by law.

After we send the Counter Notification, the author of the initial Takedown Notice must respond to us within ten (10) business days stating it has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content on our website. If the author of the initial Takedown Notice does not respond within ten (10) days, your content will be reposted.

Please note that you may be liable to HHIMLS for damages if you file a false Counter Notification. You should consult with an attorney before sending us a Counter Notification to determine your rights and obligations.

Designated Copyright Agent

Marinda Neumann, Esq.
HiltonHeadMLS.com
3755 Avocado Blvd., #282
La Mesa, CA 91941
Phone: 619-269-5996
Email: Marinda@LotusLawCenter.com