DMCA POLICY

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At BestIPTV Kenya (“Company,” “we,” “us,” or “our”), we respect the intellectual property rights of others and expect our users and content partners to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and the Copyright Act, Cap 130 of the Laws of Kenya , we have adopted the following policy concerning copyright infringement.

Our DMCA Policy outlines the procedures for copyright owners to submit notifications of alleged infringement, as well as the process for content providers to respond to such claims. We are committed to maintaining a service that respects the rights of copyright holders while providing legitimate entertainment options to our subscribers.

1. Designated Copyright Agent

All notices of alleged copyright infringement must be submitted in writing to our Designated Copyright Agent:

Important: Only DMCA/copyright-related inquiries should be directed to the Copyright Agent. For general customer support, billing questions, or technical assistance, please contact our regular support team .

2. Notice of Alleged Infringement (DMCA Takedown Notice)

If you are a copyright owner or an authorized agent and believe that content available through our IPTV service infringes your copyright, you may submit a written notification pursuant to the DMCA . To be effective, your notification must include substantially the following:

  1. Physical or Electronic Signature: 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: A clear and detailed description of the copyrighted work you claim has been infringed. If multiple copyrighted works are covered by a single notification, you may provide a representative list of such works .

  3. Identification of the Infringing Material: Sufficient information to allow us to locate the material. For IPTV services, this should include:

    • The specific channel name where the content appeared.

    • The exact date and time (with time zone) of the broadcast.

    • The title of the specific program, movie, or event.

    • Any other information (such as EPG data) that would reasonably enable us to identify the material .

  4. Contact Information: Information reasonably sufficient to permit us to contact you, such as your full name, address, telephone number, and email address .

  5. Good Faith Statement: 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 .

  6. Accuracy Statement: A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed .

⚠️ Disclaimer ⚠️: If you are unsure whether the material you are reporting is actually infringing, you may wish to consult with an attorney before filing a notification. Filing a false or misleading claim can result in legal liability .

3. Service Provider Role and Limitations

BestIPTV Kenya operates as a content distributor and platform provider, delivering live TV and on-demand content to its subscribers . In accordance with industry standards and applicable law:

  • Some content available through our service may originate from third-party content providers, broadcasters, or licensed partners.

  • We may rely on protections applicable to intermediaries who serve as conduits for third-party content, provided we meet the requirements for such protections .

  • Our ability to remove or block specific content may be subject to technical limitations and our agreements with upstream content providers .

Important Note: According to established legal principles, IPTV transmission services that do not select or modify content and merely provide technical means of delivery may be eligible for certain liability protections, provided they respond appropriately to valid infringement notices .

4. Response to Notifications

Upon receipt of a valid DMCA takedown notice that substantially complies with the requirements outlined above, BestIPTV Kenya will respond expeditiously to remove or disable access to the allegedly infringing material .

Our response may include:

  1. Removal or Disabling: Removing or disabling access to the identified content if it is within our control to do so .

  2. Notification to Content Provider: Forwarding the takedown notice to the content provider, broadcaster, or third party responsible for the content .

  3. Account Review: Reviewing the account history of the content provider for potential repeat infringement .

  4. Documentation: Maintaining records of all DMCA notices and our responses as required by law.

Response Timeline: We aim to respond to all valid DMCA notifications within 5-7 business days of receipt. More complex cases may require additional time for investigation .

5. Counter-Notification Procedure

If you are a content provider and believe that material you provided was removed or access was disabled as a result of mistake or misidentification, you may submit a written counter-notification . The counter-notification must include:

  1. Physical or Electronic Signature: Your physical or electronic signature .

  2. Identification of Removed Material: Identification of the material that has been removed or to which access has been disabled and the location where the material appeared before it was removed or disabled .

  3. Statement Under Penalty of Perjury: 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 .

  4. Contact Information and Consent to Jurisdiction: Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Kenyan courts (specifically the High Court of Kenya at Nairobi or the nearest judicial district to your address), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person .

Send counter-notifications to:

Upon receipt of a valid counter-notification, we may forward it to the original complaining party. If the copyright owner does not file a court action seeking to restrain the content within the statutory period, we may, at our discretion, restore the removed material .

6. Repeat Infringer Policy

In accordance with the DMCA and other applicable laws, BestIPTV Kenya has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of subscribers or content providers who are deemed to be repeat infringers .

A “repeat infringer” is typically defined as a user or content provider who has been the subject of more than two (2) valid and sustained DMCA complaints within a twelve-month period. We also reserve the right to terminate accounts for a single instance of egregious or willful infringement .

7. Compliance with Kenyan Copyright Law

While the DMCA is a United States law, its principles regarding notice and takedown procedures have influenced copyright enforcement globally. In Kenya, copyright matters are governed by the Copyright Act, Cap 130 , and the Kenya Copyright Board (KECOBO) is the regulatory body responsible for copyright and related rights .

BestIPTV Kenya strives to comply with both international DMCA standards and Kenyan copyright law. We acknowledge KECOBO’s mandate in:

  • Administering and enforcing copyright law in Kenya 

  • Licensing and supervising Collective Management Organizations (CMOs) 

  • Promoting copyright awareness and combating infringement

In cases involving Kenyan copyright holders or Kenyan-origin content, we will cooperate with KECOBO and follow applicable Kenyan legal procedures in addition to our DMCA Policy.

8. Protection of Legitimate IPTV Services

We recognize the significant legal and financial consequences that can result from copyright infringement in the IPTV sector. Courts have awarded substantial damages against unauthorized IPTV services, with judgments ranging from hundreds of thousands to tens of millions of dollars .

BestIPTV Kenya is committed to operating a legitimate service that:

  • Respects intellectual property rights

  • Obtains proper authorizations for content distribution

  • Responds promptly to valid infringement claims

  • Maintains accurate records of content sources and rights

By adhering to this policy, we aim to protect our business, our subscribers, and our content partners from the risks associated with copyright infringement.

9. Modifications to This Policy

We reserve the right to modify, amend, or update this DMCA Policy at any time at our sole discretion. When we make changes, we will revise the “Last Updated” date at the top of this policy .

Material changes will be communicated through our website or via email to registered users. Your continued use of our service after any such changes constitutes your acceptance of the revised policy.

10. Contact Information

For DMCA/copyright inquiries only:

Thank You!