DMCA Policies

The Holland Board of Public Works (HBPW)

Effective Date: July 1, 2025

1. Introduction

The Holland Board of Public Works (HBPW) as an online service provider, respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, we have established the following policy to address claims of copyright infringement.

2. Designated Agent

HBPW has designated an agent to receive notifications of alleged copyright infringement. If you believe that your copyrighted work has been used in a way that constitutes copyright infringement, please send a written notification to our designated agent.

Designated Agent:

Superintendent of Broadband Services

Holland Board of Public Works

625 Hastings Ave

Holland, MI 49423

dmca@hollandbpw.com

Phone: 616.355.1500

3. Filing a DMCA Notice of Alleged Infringement

To be effective under the DMCA, your notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple works, a representative list.
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit HBPW to locate the material.
4. Information sufficient to allow HBPW to contact you, including your mailing address, telephone number, and email address.
5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Incomplete or invalid notifications may not be processed.

4. Counter-Notification

If you believe that the material identified in a DMCA notice was removed or disabled due to mistake or misidentification, you may file a counter-notification. The counter-notification must include:

1. Your physical or electronic signature.
2. 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.
3. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled due to mistake or misidentification.
4. Your name, mailing address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal 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 HBPW may be found, and that you will accept service of process from the person who provided the DMCA notice or an agent of such person.

Counter-notifications must be sent to the designated agent listed above.

5. Repeat Infringers

HBPW reserves the right to terminate accounts or access to our services for users who are determined to be repeat infringers in accordance with applicable law. The HBPW Repeat Infringer policy is located at www.hollandbpw.com/dcma-policies.

6. Misrepresentation

Any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake, may be liable for damages, including costs and attorneys’ fees.

7. Changes to This Policy

HBPW reserves the right to modify this DMCA policy at any time. Updates will be posted on our website, and the effective date will be revised accordingly.

8. Contact Us

For further questions regarding this DMCA policy, please contact our designated agent listed above.

Effective Date: July 1, 2025

Purpose: Holland Board of Public Works (HBPW) is committed to complying with the Digital Millennium Copyright Act (DMCA) and protecting the rights of copyright owners. This policy outlines the procedures for handling repeat copyright infringement by our customers.

Policy:

1. Initial Notice
   1. Upon receiving a valid DMCA notice of alleged copyright infringement, HBPW will forward the notice to the customer and issue a warning regarding the consequences of repeat infringement.
   2. The customer will be required to promptly remove or disable access to the infringing material.
2. Second Notice
   1. Upon receiving a second DMCA notice of alleged copyright infringement for the same customer, HBPW will forward the notice to the customer and may temporarily suspend the customer’s internet service.
   2. The customer will be required to contact HBPW to discuss the infringement and agree to cease further infringing activities.
3. Final Notice
   1. If a third DMCA notice of alleged copyright infringement is received for the same customer, HBPW will forward the notice to the customer and will terminate the customer’s internet service.
   2. The customer will be notified of the termination and provided with information on how to appeal the decision if they believe it was made in error.

Appeal Process: Customers who believe their service was suspended or terminated in error may file an appeal by contacting HBPW using the Contact Information below. The appeal must include a detailed explanation of why the customer believes the action was incorrect, along with any supporting evidence.

Contact Information: For questions or concerns regarding this policy, please contact HBPW at:

Holland Board of Public Works

625 Hastings Ave, Holland, MI 49423

616.355.1500

dmca@hollandbpw.com

Counter Notification:

Request to Restore Access to Posted Material

I hereby request that Holland Board of Public Works restore access to the following material:

,

which was posted at

.

Under penalty of perjury, I have a good faith belief that this material was removed or disabled as a result of mistake or

misidentification.

I may be contacted at

,

, or .

I hereby consent to the jurisdiction of the federal district court for the judicial district in which I reside, and will accept service of process from the person who submitted the takedown notification under 17 U.S.C. § 512(c)(1)(C), or their agent.

(Or, if located outside the U.S.:) I hereby consent to the jurisdiction of the federal district court for the judicial district in which is headquartered.

Name

Physical or electronic signature

form – counter notification: request to restore access to posted material