DMCA Notice and Procedure
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT IN ACCORDANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING KSK HOSTING THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
If you believe that your work was copied or posted on our Website or a Website we host in a way that constitutes copyright infringement, please contact our designated agent at the email address below:
31 Lorne Street
Your notification must include the following information:
- A description of the copyrighted work you claim to have been infringed. If you are not the owner of the copyrighted work, you must also include your electronic or digital signature as a person authorized to act on behalf of the copyright owner;
- A description of where the material that you claim is infringing is located on our Website;
- Information reasonably sufficient to permit SR Media to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:
- KSK Hosting shall remove or disable access to the material that is alleged to be infringing;
- KSK Hosting shall forward the written notification to such alleged infringer ("Client");
- KSK Hosting shall take reasonable steps to promptly notify the Client that it has removed or disabled access to the material.
To be effective, a Counter Notification must be a written communication provided to KSK Hosting's Designated Agent that includes substantially the following:
- A physical or electronic signature of the Client;
- 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 under penalty of perjury that the Client has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The Client's name, address, and telephone number, and a statement that the Client consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Client's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Client will accept service of process from the person who provided notification or an agent of such person
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
- KSK Hosting shall promptly provide you, the complaining party, with a copy of the Counter Notification;
- KSK Hosting shall inform you that it will replace the removed material or cease disabling access to it within ten (10) business days;
- KSK Hosting shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided SR Media's Designated Agent has not received notice from you that an action has been filed seeking a court order to restrain Client from engaging in infringing activity relating to the material on SR Media's network or system.
KSK Hosting may, in appropriate circumstances, terminate an account holder or Client if he or she is a repeat infringer. If you believe that an account holder or Client is a repeat infringer, please follow the instructions above to contact KSK Hosting's DMCA agent and provide information sufficient for us to verify that the account holder or Client is a repeat infringer.