Take down Policy and Procedures regarding any Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices should be sent to [email protected]
www.kailuakonaseo.com, respects the intellectual property rights of others and expects 3rd parties to respect my rights as well. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a take down notice to us via our DMCA Agent listed below. As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information: Notice of Infringement – Claim A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner); Identification of the copyrighted work claimed to have been infringed; Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work]; Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number; A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner. Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).
Send all DMCA take down notices to the following email [email protected]
Counter Notification – Restoration of Material If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3): Your physical or electronic signature. A description of the material that has been taken down and the original location of the material before it was taken down. 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 of the material to be removed or disabled. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that the you will accept service of process from the person or company who provided the original infringement notification. Email your counter notice to our DMCA Agent. Repeat Infringer Policy www.kailuakonaseo.com takes copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, www.kailuakonaseo.com maintains a list of DMCA notices from its copyright holders with its registered DMCA Agent.
The company makes a good faith effort to identify any repeat infringers on this list pursuant to the safe harbor requirements of the DMCA. Modifications www.kailuakonaseo.com reserves the right to modify the contents of this page and its policy for handling DMCA claims at any time for any reason. You are encouraged to check back to review this policy frequently for any changes.