Draft for review by an advocate before go-live (pending input 9.1).
We respect copyright, and we expect our customers and their users to respect it. This policy follows the notice-and-takedown process for internet service providers in sections 35A to 35C of the Copyright Act (Cap. 130) of Kenya.
Uploading
- Anyone who uploads an image or a document that others will see (on a shop, a portal, a public form or a shared document) confirms that they own it or have the right to use it.
- We record who uploaded it and when.
Reporting an infringement
Use the form at /legal/copyright/notice, or send a notice to [the takedown contact, pending input 9.3], with:
- your name, address, phone and email;
- the work you say is infringed, and your right to it;
- where the infringing material is, as a link or a precise description;
- a statement that you believe in good faith that its use is not authorised;
- a statement that the notice is accurate;
- your signature, which may be electronic.
What we do
- Within 48 hours of a complete notice, we disable access to the material and tell the customer who published it, with a copy of the notice and a link to answer it.
- The material's address then answers "Unavailable for legal reasons" (HTTP 451).
- We record the notice and what we did, and keep the record for three years.
Counter-notice
The customer may send a counter-notice if it believes the material was removed by mistake or that it has the right to use it. We pass it to the person who complained. Unless that person starts proceedings within 10 working days, we may restore the material.
Repeat infringers
We suspend the account of a customer or user who receives repeated valid notices.
False notices
A person who knowingly makes a false notice may be liable for the harm it causes.