Digital Millennium Copyright Act (“DMCA”) Policy
(Adopted from the Texas REALTORS® Model Digital Millennium Copyright Act (DMCA) Policy.)
1. Acre + Lot Real Estate and any Sales Associate who maintains or hosts websites must do the following:
1. Designate a DMCA agent and disclose contact information on the website, including the name, address, telephone number, and email address of the designated agent, as well as the legal name, any alternate name(s), and address of the OSP.
2. Register with and pay the applicable fees to the United State Copyright Office by going to http://dmca.copyright.gov and registering an account.
3. Adopt a policy and inform users of the website that the OSP may terminate users who are repeat infringers.
Acre + Lot Real Estate has registered with the United States Copyright Office as an online service provider (“OSP”), registration number DMCA-1054410, with the following information currently active on the U.S. Copyright Office’s DMCA Designated Agent Directory:
Service Provider:
Acre + Lot Real Estate
PO Box 776
Dickinson, TX 77539
Phone: 8322782501
Email: broker@acrelotrealestate.com
Alternate Name(s):
Acre + Lot Properties
Acre + Lot Realty
Kristen Page
www.acrelotrealestate.com
Designated Agent:
Kristen Page
Acre + Lot Real Estate
PO Box 776
Dickinson, TX 77539
Phone: 8322782501
Email: kmpage@acrelotrealestate.com
Status:
Active
Effective:
September 22, 2023 to Present
2. The designated DMCA agent must comply with the following:
1. Designated agents who receive a valid DMCA takedown notice must remove or disable access to the claimed infringing material as quickly as possible. Once the material is removed or disabled, the designated agent will provide written notice to the user who posted or submitted the material.
2. If the designated agent receives a valid counter notice, the designated agent must provide the user who sent the original takedown notice with a copy of the counter notice and inform that user that the OSP will replace the removed material or enable access to it in ten (10) business days. The designated agent must then replace the removed material or enable access to the material not less than ten (10) not more than fourteen (14) business days after receiving the counter notice, unless the designated agent first receives notice from the user who originally posted or submitted the content that he or she has filed an action requesting a court order to stop the other user from engaging in infringing activity.
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REPEAT INFRINGER POLICY
(Adopted from the Texas REALTORS® Model Repeat Infringer Policy)
Pursuant to certain requirements of the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(i)) Acre + Lot Real Estate (“Service Provider”) must adopt, reasonably implement and inform users of www.AcreLotRealEstate.com, Social Media Accounts and groups, other sites controlled by Acre + Lot Real Estate to advertise and market to consumers, (the “Site”) of a policy that provides for the termination, in appropriate circumstances, of user’s access to the Site who repeatedly infringe on the intellectual property rights of third-parties (“repeat infringers”) in order to limit liability for copyright infringement.
Service Provider formally adopts the following policy with regard to repeat infringers:
A user of the Site will be deemed a repeat infringer and Service Provider may terminate such user’s access to the Site, in the following appropriate circumstances:
1. After three (3) informal written notices of infringement activities by the OSP to the user, the user’s access to the Site will be terminated.
a. An informal written notice does not need a takedown notice to be received by the OSP, if the OSP notices infringement activities by the user before a formal DMCA takedown notice was submitted by the copyright holder.
2. After three (3) formal DMCA takedown notices have been received by the OSP for the user’s alleged infringing activities in which the user either:
a. does not send a counter notice to the copyright holder who submitted the formal DMCA takedown notice; or
b. does not successfully challenge the alleged infringing activities through the user’s counter notice; or
c. refuses to comply with this policy and other related company policies to reduce copyright infringement activities of users.
A user of this Site may request an appeal of their access termination by the following:
1. Submitting a written appeal to the OSP explaining the circumstances of their activities in which there is supporting documentation.
a. A repeat infringer will receive a formal decision from the OSP within 5 business days.
i. The OSP may, with appropriate supporting documentation
1. Approve the appeal and reinstate the infringer’s access.
2. Approve the appeal and reinstate the infringer's access on a limited basis for a specific duration.
3. Suspend the infringer’s access until the infringer proves, with documentation, the infringer will no longer violate the DMCA.
4. Deny the appeal and permanently terminate the infringer’s access.
b. Supporting documentation may include, but is not limited to the following:
i. Licenses to use the material
ii. Written permission from the original author to use the material
iii. Source citations
iv. Proof the material can be used according to creative commons or public domain as defined by the U.S. Copyright Office.
1. The Harvard Law School Library has provided a helpful resource for creative commons and public domain licenses. Please note that some information may be outdated and/or verified. Seek advice from the U.S. Copyright Office and/or an attorney for additional understanding and advice prior to using any copyrighted works.
https://guides.library.harvard.edu/law/pd-cc
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