DMCA Copyright Policy

1. Copyright Policy

In accordance with the Digital Millennium Copyright Act of 1998, including 17 U.S.C. § 512, KainsDomains will respond to properly submitted notifications alleging that material available through the website infringes a copyright.

When appropriate, KainsDomains may remove or disable access to identified material and notify the party responsible for supplying or posting it.

A DMCA notice is a formal legal request. Before submitting one, consider whether the material is authorized, licensed, in the public domain or potentially protected by an exception such as fair use.

2. Requirements for a DMCA Takedown Notice

Submit a written notification containing substantially all of the following:

1. Your signature: A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf.
2. Identification of the copyrighted work: Identify the work claimed to have been infringed. If the notice covers multiple works, provide a representative list.
3. Identification of the reported material: Identify the material claimed to be infringing and provide enough information for KainsDomains to locate it.
4. Exact KainsDomains URL: Include the complete URL of each video or page at issue.
5. Your contact information: Provide your full legal name, organization if applicable, mailing address and a safe method of contact.
6. Good-faith statement: State that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent or the law.
7. Accuracy and authority statement: State that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act for the owner.

Recommended Notice Format

3. Copyright Contact

DMCA takedown notices and counter-notifications may be submitted electronically through the KainsDomains Support form.

4. Counter-Notification

If material you supplied was removed or disabled because of a DMCA notice and you believe the removal resulted from mistake or misidentification, you may submit a written counter-notification.

A counter-notification should include:

1. Your physical or electronic signature;
2. Identification of the material that was removed or disabled;
3. The location at which the material appeared before removal, including the previous KainsDomains URL;
4. A statement under penalty of perjury that you have a good-faith belief the material was removed because of mistake or misidentification;
5. Your full legal name and mailing address;
6. A statement consenting to the jurisdiction of the appropriate United States Federal District Court as required by 17 U.S.C. § 512(g); and
7. A statement that you will accept service of process from the original claimant or that person’s authorized agent.

5. What Happens After a Notice?

After receiving a substantially complete DMCA notice, KainsDomains may:

• Review the notice for the required information;
• Request missing or clarifying information;
• Locate the specifically identified material;
• Remove or disable access when appropriate;
• Notify the user or content provider responsible for the material;
• Provide information about the counter-notification process;
• Preserve relevant records; and
• Take action against repeat infringers when appropriate.

If KainsDomains receives a sufficient counter-notification, it may be forwarded to the original claimant. Subject to 17 U.S.C. § 512, material may be restored between 10 and 14 business days after receipt unless the claimant provides notice that a qualifying court action has been filed.

Submitting a notice does not guarantee a specific result. Vague, incomplete, fraudulent or legally insufficient notices may be rejected or delayed.

6. Repeat-Infringer Policy

KainsDomains may restrict or terminate accounts or access belonging to users determined to be repeat copyright infringers under appropriate circumstances.

We may consider the number, nature, timing and validity of notices received; whether counter-notifications were submitted; the outcome of disputed claims; and other relevant information.

Serious or intentional infringement may result in removal or termination even when repeated infringement has not yet occurred.

7. Misrepresentations and Abuse

Under 17 U.S.C. § 512(f), a person who knowingly makes a material misrepresentation that content is infringing, or that content was removed through mistake or misidentification, may be liable for resulting damages, costs and attorneys’ fees.

Do not use the DMCA process to resolve personal disagreements, suppress criticism, report content you do not own or request removal merely because you dislike the material.

Fraudulent notices, forged authorization, impersonation and deliberate misidentification may result in rejection, account restrictions or referral to appropriate parties.

8. Choose the Correct Reporting Process