Copyright Notice Policy for FredFerguson.com

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, FredFerguson.com will respond expeditiously to claims of copyright infringement committed using the Website that are reported to FredFerguson.com's Designated Copyright Agent, identified in the sample notice below. 

If you are a copyright owner or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA Notice of Alleged Infringement and delivering it to FredFerguson.com's Designated Copyright Agent. 

Upon receipt of the Notice, as described below, FredFerguson.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Website. 

DMCA Notice of Alleged Infringement (“Notice”)

Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed. 

Identify (i) the material that you claim is 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found, 

(ii) your company affiliation (if applicable), 

(iii) your address, 

(iv) your telephone number, 

(v) your email address, 

(vi) a statement that you have a good faith belief that the use of the copyrighted material described above is not authorized by the copyright owner, its agent, or the law, and 

(vii) a statement that the information in the Notice is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed. 

Deliver this Notice, with all items completed, to FredFerguson.com's Designated Copyright Agent:

[Name of Designated Copyright Agent]
FredFerguson.com
[Address of Designated Copyright Agent]
[Email address of Designated Copyright Agent] 

Please note that this procedure is exclusively for notifying FredFerguson.com that your copyrighted material has been infringed. 

Counter-Notice

If you believe that your material that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your submission, you may send a counter-notice containing the following information to the Copyright Agent: 

Your physical or electronic signature;

Identification of 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; 

A statement that you have a good faith belief that the material was removed or disabled as a result of a mistake or a misidentification of the material; and

Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, 

and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, FredFerguson.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. 

Unless the copyright owner files an action seeking a court order against the Website user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at FredFerguson.com's discretion. 

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. 

This Copyright Notice Policy and the process for reporting and counter-noticing alleged infringements may be revised from time to time without notice. Please check back frequently for updates.

Last updated on [February 14, 2023].