Digital Millennium Copyright Act
KillSomeTime.com is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). KillSomeTime.com respects the legitimate rights of copyright owners, expects its users to do the same, and has adopted an efficient notice and take down procedure as required by the DMCA and described herein. This policy is intended to guide copyright owners in utilizing that procedure, and also to guide users and webmasters in restoring access to websites or content that are disabled due to a mistake.
Notice to Owners of Copyrighted Works.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the KillSomeTime.com site by completing the following notice (“Notice”) and delivering it to KillSomeTime.com's Designated Copyright Agent.
DMCA Notice of Alleged Infringement.
A proper DMCA Notice will notify KillSomeTime.com of particular facts in a document signed under penalty of perjury and delivered to KillSomeTime.com's Designated Agent. To write a proper Notice, you must provide the following information, which list comes directly from the DMCA statute:
- Your physical or electronic signature, as the owner of an exclusive right that is allegedly infringed or as a person authorized to act on the owner's behalf.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at our site are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing, or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, or email address.
- 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or a person authorized to act on the owner's behalf.
Failure to include all of the above information may result in a delay in processing the DMCA Notification. If you materially misrepresent that any material infringes your copyright interest, you may be liable for damages, including court costs and attorneys' fees, and could be subject to criminal prosecution for perjury.
Deliver this Notice with all items completed to KillSomeTime.com's Designated Copyright Agent:
3 Mayfair Lane
Millbury, MA 01527
By email: firstname.lastname@example.org
Upon receipt of a valid claim KillSomeTime.com will follow the procedures provided in the DMCA which prescribe a notice and take down procedure, subject to the user's or webmaster's right to submit a Counter-Notification claiming lawful use of the disabled works. KillSomeTime.com will have the disputed material removed from public view. KillSomeTime.com will also notify the user or webmaster who posted the allegedly infringing material that has been removed or disable access to that material.
Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
How to Make a Counter-Notification
If you are a KillSomeTime.com user or webmaster and you feel that the material you have placed online that has been removed following an infringement complaint Notification is in fact not an infringement, you may file a Counter-Notification. Section 512(g)(3) of the DMCA requires that to be valid, the Counter-Notification must be written and addressed to our Copyright Agent and must provide the following information taken from the statute:
- A physical or electronic signature.
- 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 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 Federal District Court for the judicial district in which the addressee is located, or if your address is outside the United States, for any judicial district in which you may be found, and that you will accept service of process from the person who provided Notification under Subsection (c)(1)(C) or an agent of such person.
- Our Designated Agent will present your Counter-Notification to the person who filed the infringement complaint Notice. Once your Counter-Notification has been delivered, KillSomeTime.com is allowed under the provisions of Section 512 to restore the removed material in not less than ten or more than fourteen days, unless the complaining party serves notice of intent to obtain a court order restraining the restoration