Copyright & DMCA Policy

Kontracks respects the intellectual property rights of others and expects its Customers, Authorized Users, and End Customers to do the same. This Policy describes how to submit a notification of claimed copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"), how we respond to such notices, and how subscribers may submit counter-notifications. It is incorporated into the Terms of Service and the Acceptable Use Policy.

1. Designated DMCA Agent

The Designated Agent to receive notifications of claimed infringement under the DMCA is:

2. Filing a notification of claimed infringement

To submit a DMCA notification, send a written communication to the Designated Agent above that includes substantially the following (17 U.S.C. § 512(c)(3)):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed (or, if multiple works are covered, a representative list);
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit Kontracks to locate the material — please provide a URL pointing to the material on the Kontracks platform;
4. Information reasonably sufficient to permit Kontracks to contact you, including name, mailing address, telephone number, and email address;
5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Knowingly material misrepresentations. Be advised that, under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner, or by Kontracks. Misuse of this process — for example, to suppress lawful criticism — will be reported to the U.S. Copyright Office and may be the subject of legal action.

3. Our response to a complete notification

Upon receipt of a notification that substantially complies with the requirements above, Kontracks will:

1. Expeditiously remove or disable access to the material identified in the notification;
2. Notify the affected subscriber (the Customer responsible for the material) that we have removed or disabled access, and forward a copy of the notification;
3. Take reasonable steps to terminate access for subscribers who are repeat infringers (Section 6).

4. Counter-notification

If you are a Kontracks subscriber and you believe that material we removed or disabled access to was misidentified or is otherwise authorized, you may submit a counter-notification to the Designated Agent. The counter-notification must include substantially the following (17 U.S.C. § 512(g)(3)):

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 disabled;
3. 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;
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the U.S. District Court for the judicial district in which your address is located (or, if outside the United States, for any judicial district in which Kontracks may be found), and that you will accept service of process from the person who provided the notification or an agent of such person.

Upon receipt of a valid counter-notification, Kontracks will promptly provide the original complainant a copy of the counter-notification and inform the complainant that the material will be restored within ten (10) to fourteen (14) business days unless Kontracks first receives notice that the complainant has filed a lawsuit seeking a court order to restrain the alleged infringement.

5. False statements

Section 512(f) imposes liability on any person who knowingly materially misrepresents either that material is infringing or that it was removed or disabled by mistake or misidentification. Submit your notification or counter-notification only if you have a sincere, good-faith basis for it.

6. Repeat infringer policy

In accordance with 17 U.S.C. § 512(i), it is Kontracks' policy to terminate, in appropriate circumstances, the accounts of subscribers who are repeat infringers. Whether a subscriber is a repeat infringer is determined in Kontracks' sole, good-faith discretion based on the totality of the circumstances, which may include three or more confirmed instances of infringement within a twelve-month period.

7. Other intellectual property complaints

If you believe content on the Kontracks platform infringes a trademark, trade secret, right of publicity, or other intellectual property right not within the scope of the DMCA, please send a written notice to legal@kontracks.com with as much detail as possible. We investigate and respond to all credible reports.

8. International notices

For copyright complaints originating outside the United States — including takedown requests under EU Article 17, the UK's CDPA 1988, or Canada's Copyright Act — we follow substantially the same procedure. Please use the contact details above and include the local-law basis for the complaint.