DMCA Notice and Takedown Policy

WebGrowly LLC ("WebGrowly," "we," "our," or "us"), a Delaware limited liability company with its principal place of business in Miami Beach, Florida, respects the intellectual property rights of others and operates the WebGrowly OS platform, the WebGrowly marketing website, and any real estate websites hosted by us under our customers' custom domains (collectively, the "Service") consistent with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). This DMCA Notice and Takedown Policy ("Policy") describes how copyright owners and their authorized agents may report claimed infringement of material accessible through the Service, how WebGrowly responds to such reports, and how affected users may submit counter-notices.

This Policy supplements the Terms of Service (including Section 25), Privacy Policy, Data Processing Addendum, and Acceptable Use Policy, and is incorporated into the Terms of Service by reference.

WebGrowly has designated an agent to receive notifications of claimed copyright infringement under the DMCA. Submit all notices to:

WebGrowly LLC Attn: DMCA Agent 407 Lincoln Rd, Ste 6H, PMB 529 Miami Beach, FL 33139, United States Email: dmca@webgrowly.com

WebGrowly's designation of an agent is on file with the U.S. Copyright Office and available through the public directory at https://dmca.copyright.gov/osp/.

To reduce handling time, please submit notices by email with the subject line "DMCA Takedown Notice". Physical mail is accepted but will take longer to process.

2.1 Required Elements

To be effective under 17 U.S.C. § 512(c)(3), a notice of claimed infringement must include all of the following:

(a) Signature. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.

(b) Identification of the Copyrighted Work. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on a single site are covered by a single notice, a representative list of such works.

(c) Identification of the Allegedly Infringing Material. 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 WebGrowly to locate the material (for example, a direct URL to the page where the material appears).

(d) Contact Information. Information reasonably sufficient to permit WebGrowly to contact the notifying party, including name, mailing address, telephone number, and email address.

(e) Good-Faith Statement. A statement that the notifying 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.

(f) Accuracy Statement. A statement, made under penalty of perjury, that the information in the notice is accurate and that the notifying party is the copyright owner or is authorized to act on behalf of the copyright owner.

A notice that fails to substantially comply with (a) through (f) may be disregarded under 17 U.S.C. § 512(c)(3)(B)(i).

2.2 Sample Notice Template

Copyright owners and their agents may use the following template (not required, but accepted). Substitute bracketed fields with the relevant information.

To: dmca@webgrowly.com
Subject: DMCA Takedown Notice

I am the copyright owner (or authorized agent of the copyright owner)
of the following work(s):

  [Title / description of copyrighted work, and registration number
   if registered with the U.S. Copyright Office]

I have a good-faith belief that the following material infringes my
copyright and is not authorized by me, my agent, or the law:

  [Direct URL(s) to the allegedly infringing material]
  [Description of the specific content within each URL]

My contact information is:

  Name:             [full legal name]
  Mailing address:  [street, city, state, postal code, country]
  Phone:            [telephone]
  Email:            [email]

I state, under penalty of perjury, that the information in this
notice is accurate and that I am the copyright owner or authorized
to act on behalf of the copyright owner.

Signed: [physical or electronic signature]
Date:   [YYYY-MM-DD]

Upon receipt of a notice that substantially complies with Section 2.1, WebGrowly will, within a reasonable time:

(a) Remove or disable access to the allegedly infringing material from the Service, including from any Customer-hosted website through which the material is accessible.

(b) Notify the Customer who uploaded or posted the material (the "affected Customer") of the removal, provide the affected Customer with a copy of the notice (redacted if appropriate to protect privacy), and advise the affected Customer of the right to submit a counter-notice under Section 4.

(c) Log the notice and WebGrowly's response for the purposes of WebGrowly's repeat-infringer policy described in Section 5.

WebGrowly does not adjudicate copyright ownership or the merits of any dispute. WebGrowly's removal is a good-faith response to a compliant notice and is not a determination on the merits.

If You are a Customer whose material was removed or disabled under this Policy and You believe the material was removed as a result of mistake or misidentification, You may submit a counter-notice to the Designated DMCA Agent at the address in Section 1.

4.1 Required Elements of a Counter-Notice

To be effective under 17 U.S.C. § 512(g)(3), a counter-notice must include all of the following:

(a) Your physical or electronic signature.

(b) Identification of the material that was removed or to which access was disabled, and the location at which the material appeared before it was removed or access was disabled.

(c) A statement, under penalty of perjury, that You have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.

(d) Your name, mailing address, telephone number, and email address, and a statement that You consent to the jurisdiction of the federal district court for the judicial district in which Your address is located (or, if Your address is outside the United States, for any judicial district in which WebGrowly may be found), and that You will accept service of process from the original notifying party or that party's agent.

4.2 WebGrowly's Response to a Counter-Notice

Upon receipt of a compliant counter-notice, WebGrowly will:

(a) Promptly provide a copy of the counter-notice to the original notifying party and inform that party that WebGrowly will replace or restore access to the material in 10–14 business days, unless WebGrowly receives notice that the original notifying party has filed an action seeking a court order to restrain the Customer from engaging in the infringing activity.

(b) Replace or restore access to the removed material not less than 10 and not more than 14 business days following receipt of the counter-notice, unless the original notifying party files a court action as described above.

WebGrowly will, in appropriate circumstances and in its sole discretion, terminate or suspend the accounts of Customers or end-users who are determined to be repeat infringers. For this purpose, a "repeat infringer" means a Customer or end-user against whom WebGrowly has received three or more unresolved notices of claimed infringement under Section 2 within any rolling twelve-month period, or one or more notices involving conduct that WebGrowly determines, in its reasonable discretion, to be willful.

Termination under this Section is consistent with Section 14.2 of the Terms of Service (Termination by Us).

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents:

(a) that material or activity is infringing, or

(b) that material or activity was removed or disabled by mistake or misidentification,

may be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, the affected Customer, or WebGrowly as a result of the misrepresentation.

Frivolous, bad-faith, or automated-bot notices will be ignored, and repeated submission of such notices may result in referral to law enforcement.

This Policy forms part of the Terms of Service and is subject to the order of precedence set out in Section 23.1 of the Terms of Service. In the event of any conflict between this Policy and Section 25 of the Terms of Service, this Policy controls with respect to the procedural details of notice and counter-notice handling; Section 25 of the Terms of Service controls with respect to the incorporation of DMCA safe-harbor principles into the contract between WebGrowly and its Customers.

Nothing in this Policy waives any defense, immunity, or safe harbor available to WebGrowly under the DMCA or other applicable law.

WebGrowly may update this Policy from time to time. Changes will be communicated and accepted under the framework set out in Section 21 of the Terms of Service. Prior versions of this Policy are archived and available on request to legal@webgrowly.com.

For DMCA notices and counter-notices (primary use of this Policy):

WebGrowly LLC Attn: DMCA Agent 407 Lincoln Rd, Ste 6H, PMB 529 Miami Beach, FL 33139, United States Email: dmca@webgrowly.com

For all other copyright-related inquiries that are not notices of claimed infringement:

WebGrowly LLC Attn: Legal 407 Lincoln Rd, Ste 6H, PMB 529 Miami Beach, FL 33139, United States Email: legal@webgrowly.com