DMCA Takedown Policy | Nairahost

DMCA Takedown Policy

Digital Millennium Copyright Act (DMCA) compliance, copyright infringement reporting procedures, and intellectual property protection policy for Nairahost web hosting services in Nigeria.

Last Updated: November 13, 2025

Copyright Protection and Intellectual Property Rights

Nairahost ("we," "us," or "our") respects the intellectual property rights of others and expects all users of our Nigerian web hosting services to do the same. We have adopted and implemented a comprehensive policy that provides for the termination of accounts of users who repeatedly infringe the intellectual property rights of others.

This policy is in accordance with the Digital Millennium Copyright Act of 1998 (DMCA), the Nigerian Copyright Act, the Berne Convention for the Protection of Literary and Artistic Works, and other applicable international copyright laws and treaties.

Our Commitment:
  • We respond promptly to properly formatted DMCA takedown notices
  • We maintain a repeat infringer policy and terminate accounts of serial violators
  • We respect fair use, parody, and other legal exceptions to copyright
  • We provide a counter-notice procedure for users who believe content was removed in error
  • We cooperate fully with law enforcement and rights holders in copyright matters
Note: If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our servers or through our web hosting services, you may notify us using the procedures outlined below.

What is the DMCA?

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). The DMCA has been adopted as a standard framework globally, including in Nigeria's copyright enforcement practices.

Key Provisions Relevant to Web Hosting:
Safe Harbor Protection

The DMCA provides "safe harbor" protection to online service providers (like Nairahost) who act expeditiously to remove infringing content when properly notified. This means we are not liable for content our users upload, provided we follow proper procedures.

Notice and Takedown

Copyright holders must submit formal notices identifying specific infringing materials. Service providers must act quickly to remove or disable access to the material once properly notified, or risk losing safe harbor protection.

Counter-Notice Process

Users whose content is removed have the right to file a counter-notice if they believe the removal was erroneous or the content is not infringing. This provides balance and due process protections.

Repeat Infringer Policy

Service providers must have a policy for terminating accounts of users who are repeat infringers of copyright. We maintain records of infringement claims and take escalating actions.

When Should You File a DMCA Notice?

Before filing a DMCA takedown notice, ensure that:

Valid Reasons to File:
  • Someone is hosting your copyrighted images, text, or artwork without permission
  • Your copyrighted software, music, or videos are being distributed illegally
  • Substantial portions of your copyrighted work have been reproduced
  • Your original creative content is being passed off as someone else's work
  • Your proprietary code, designs, or documents are being shared without authorization
NOT Valid Reasons:
  • Content you simply don't like or disagree with
  • Negative reviews or criticism (protected under fair use)
  • Parody, satire, or commentary (fair use exception)
  • Facts, ideas, or methods (not copyrightable)
  • Content you don't own the copyright to
  • Trademark disputes (use trademark complaint process instead)
Warning About False Claims:

Under Nigerian and international law, making false or fraudulent DMCA claims may result in legal liability, including damages for lost business, attorneys' fees, and court costs. Additionally, you may face perjury charges for knowingly misrepresenting information in a DMCA notice. Only file a DMCA notice if you genuinely believe your copyright has been infringed.

How to File a Valid DMCA Takedown Notice

To file a legally compliant notice of copyright infringement with Nairahost, you must provide a written communication (by email or physical mail) that includes ALL of the following required elements:

Required Elements (All Mandatory):
1. Identification of the Copyrighted Work

Clearly identify the copyrighted work you claim has been infringed. If your claim involves multiple copyrighted works (such as multiple photographs or articles), you may provide a representative list.

Example: "I am the copyright owner of the original photograph titled 'Lagos Sunset' published on my portfolio website at www.example.com/photo123.jpg on January 15, 2024."

2. Identification of the Infringing Material

Provide specific URLs or locations where the allegedly infringing material is located on our servers. Generic statements like "on the user's website" are insufficient. We need exact URLs to locate and remove content.

Example: "The infringing material is located at: https://example-user-site.com/stolen-photo.jpg and https://example-user-site.com/gallery/image5.jpg"

3. Your Complete Contact Information

Provide your full legal name, physical mailing address, telephone number, and email address. P.O. Boxes are acceptable for mailing addresses, but we need a valid means to contact you.

Example: "John Doe, 123 Main Street, Lagos, Nigeria. Phone: +234-XXX-XXX-XXXX. Email: johndoe@example.com"

4. Good Faith Statement

Include a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

Example: "I have a good faith belief that the use of the copyrighted material described above is not authorized by the copyright owner, its agent, or the law."

5. Accuracy Statement Under Penalty of Perjury

Include a statement that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.

Example: "I declare, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

6. Your Physical or Electronic Signature

Sign the notice with your physical signature (if sending by mail) or electronic signature (if sending by email). Typing your full name at the end of an email constitutes a valid electronic signature.

Example: "/s/ John Doe" or simply "John Doe" at the end of your email.

Important: Notices that do not include ALL of the above elements will be considered incomplete and may not be processed. We may contact you to request missing information, but this delays the takedown process.

Sample DMCA Takedown Notice Template

Use this template as a guide when preparing your DMCA notice. Replace the bracketed information with your specific details:

Subject: DMCA Takedown Notice

To: Nairahost DMCA Agent
support@nairahost.com.ng

Dear Sir/Madam,

I am writing to notify you of copyright infringement on your servers hosted by Nairahost.

1. IDENTIFICATION OF COPYRIGHTED WORK:
I am the owner of the copyright in the following work(s):
[Describe your copyrighted work, e.g., "Original article titled 'Guide to Nigerian Web Hosting' published on my website www.mysite.com/article on March 1, 2025"]

2. IDENTIFICATION OF INFRINGING MATERIAL:
The infringing material is located at the following URL(s):
[List specific URLs, e.g., "https://infringing-website.com/stolen-article.html"]

3. CONTACT INFORMATION:
Name: [Your Full Legal Name]
Address: [Your Complete Mailing Address]
Phone: [Your Phone Number]
Email: [Your Email Address]

4. GOOD FAITH STATEMENT:
I have a good faith belief that the use of the copyrighted material described above is not authorized by the copyright owner, its agent, or the law.

5. ACCURACY STATEMENT:
I declare, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

6. SIGNATURE:
/s/ [Your Full Name]
Date: [Current Date]

Thank you for your prompt attention to this matter.

Sincerely,
[Your Name]

Where to Submit Your DMCA Notice

Email (Fastest Method)

Send your DMCA notice to:

support@nairahost.com.ng

Subject Line: DMCA Takedown Notice
Expected Response: Within 24-48 hours

Physical Mail

Mail your DMCA notice to:

Nairahost DMCA Agent
Legal Department - Copyright Compliance
11 Brandon Street
Ikeja, Lagos
Nigeria

Expected Response: Within 5-7 business days of receipt

Processing Times: Email submissions are processed faster than physical mail. We typically respond to valid DMCA notices submitted via email within 24-48 hours during Nigerian business hours (Monday-Friday, 9 AM - 5 PM WAT).

What Happens After You File a DMCA Notice?

Here's our step-by-step process for handling DMCA takedown notices:

1
Receipt & Review

We receive your notice and verify it contains all required elements

0-4 hours
2
Validation

Our team validates the complaint and locates the allegedly infringing content

4-24 hours
3
Takedown Action

We remove or disable access to the content identified in your notice

24-48 hours
4
Notifications

We notify both you and the content uploader of the action taken

48-72 hours
Detailed Process:
  1. Acknowledgment: You will receive an automated acknowledgment that we received your DMCA notice. This does not mean we've taken action yet, only that we've received your complaint.
  2. Review for Completeness: Our legal compliance team reviews your notice to ensure it meets all DMCA requirements. If information is missing, we may contact you to request clarification or additional details.
  3. Verification of Infringement: We verify that the URLs you provided are indeed hosted on our servers and that the content matches your description of infringement.
  4. Content Removal: If your notice is valid and complete, we expeditiously remove or disable access to the allegedly infringing material. This may involve:
    • Removing specific files or web pages
    • Temporarily suspending the entire website if widespread infringement is evident
    • Blocking access to specific directories or content sections
  5. User Notification: We forward your DMCA notice to the user whose content was removed. This is required by law and allows them to file a counter-notice if they believe the removal was erroneous.
  6. Complainant Notification: We notify you once the content has been removed or disabled, confirming the action taken.
  7. Documentation: We maintain records of all DMCA notices and takedown actions for our repeat infringer policy and legal compliance.

Counter-Notice Procedure (For Users Whose Content Was Removed)

For Nairahost Customers: If your content was removed due to a DMCA complaint and you believe the removal was erroneous, mistaken, or misidentified, you have the right to file a DMCA counter-notice.
When to File a Counter-Notice:

Consider filing a counter-notice if:

  • You have the legal right to use the material (you own it, have a license, or it falls under fair use)
  • The complainant does not own the copyright to the material
  • The material was removed by mistake or misidentification
  • Your use of the material is protected by fair use, educational use, or other copyright exceptions
  • The DMCA notice was fraudulent or filed in bad faith
Required Elements of a Counter-Notice:

Your counter-notice must include ALL of the following elements:

  1. Your Physical or Electronic Signature - Type your full name or provide a scanned signature
  2. Identification of Removed Material - Describe the material that was removed and where it appeared before removal (URL)
  3. Perjury Statement - 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. Consent to Jurisdiction - Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal Court (or your local jurisdiction in Nigeria) and that you will accept service of process from the person who filed the original DMCA notice or their agent
  5. Your Contact Information - Full name, physical address, phone number, and email address
What Happens After You File a Counter-Notice:
  1. We Forward Your Counter-Notice: We send a copy of your counter-notice to the original complainant within 2-3 business days
  2. 10-14 Business Day Waiting Period: By law, we must wait 10-14 business days before restoring your content
  3. Complainant May Sue: If the original complainant files a court action seeking an injunction against you within this period, we will not restore the content
  4. Content Restoration: If no legal action is filed within 10-14 business days, we will restore your content unless there are other legal or policy reasons not to do so
Legal Warning: Filing a false counter-notice exposes you to legal liability. Only file a counter-notice if you genuinely believe your content was removed in error. By filing a counter-notice, you consent to being sued in court by the original complainant.

Repeat Infringer Policy

Nairahost maintains a strict policy regarding repeat copyright infringers, as required by the DMCA.

What Constitutes a Repeat Infringer:

A user is considered a repeat infringer if:

  • They have received two or more valid DMCA takedown notices within a 12-month period
  • They have been warned about copyright infringement and continue to upload infringing content
  • They re-upload content that was previously removed due to a DMCA notice
  • Their account shows a pattern of copyright violations, even if not all resulted in formal DMCA notices
Consequences for Repeat Infringers:
First Offense:
  • Content removed/disabled as per DMCA notice
  • Warning email sent to account holder
  • Notation made in account records
  • Account remains active
Second Offense:
  • Content removed/disabled as per DMCA notice
  • Temporary account suspension (24-48 hours)
  • Final warning issued
  • Account marked for monitoring
Third Offense or Continued Violations:
  • Immediate and permanent account termination
  • All services suspended without refund
  • All hosted content and data deleted
  • User banned from creating new Nairahost accounts
  • No exceptions or appeals for repeat infringers
  • Report submitted to relevant authorities if criminal infringement is suspected
No Tolerance for Piracy: Accounts found to be primarily dedicated to hosting pirated content, warez, illegal software downloads, or systematic copyright infringement will be immediately terminated upon first discovery, without prior warning. This includes torrent sites, file-sharing platforms hosting primarily copyrighted material, and streaming sites distributing copyrighted content without licenses.

Important Legal Information and Warnings

Liability for False Claims:

WARNING: Making false or fraudulent DMCA claims has serious legal consequences.

Under Section 512(f) of the DMCA and Nigerian law, you may be held liable for damages if you knowingly materially misrepresent that material is infringing or was removed by mistake. Potential consequences include:

  • Monetary Damages: You may be required to pay damages to the person whose content was removed, including lost revenue and business damages
  • Attorney's Fees: Courts may order you to pay the defendant's legal fees, which can be substantial
  • Court Costs: All court costs and litigation expenses may be assessed against you
  • Perjury Charges: Lying under oath in a DMCA notice is perjury, a criminal offense
  • Abuse of Process: Using DMCA notices to harass competitors or silence criticism may result in additional legal liability
We May Forward Your Information:

Be aware that:

  • Your complete DMCA notice, including your contact information, will be forwarded to the user whose content is being reported
  • Your information may be published in public databases of DMCA notices (such as Lumen Database)
  • The user may contact you directly regarding your complaint
  • Your information may be shared with law enforcement if criminal copyright infringement is suspected
Not Legal Advice:

This DMCA policy provides information about our procedures but does not constitute legal advice. If you have questions about whether content infringes your copyright or whether your use of content is infringing, consult with a qualified attorney. Nairahost cannot provide legal advice regarding copyright law.

Fair Use and Copyright Exceptions

Before filing a DMCA notice, consider whether the use of your work may be protected under copyright exceptions:

Fair Use Doctrine:

Use of copyrighted material may be fair use if it is:

  • For criticism, commentary, or news reporting
  • For educational or research purposes
  • Transformative (adds new meaning or message)
  • Limited in amount (small portion used)
  • Does not harm market for original work
Parody and Satire:

Parody may be protected if it:

  • Comments on or criticizes the original work
  • Is clearly recognizable as parody
  • Uses only as much as necessary for parody
  • Does not simply republish the original
Educational Use:

Educational institutions may have broader fair use rights for:

  • Classroom teaching materials
  • Academic research and scholarship
  • Limited course content distribution
News Reporting:

Journalists and news organizations may use copyrighted material for:

  • Reporting current events
  • Illustrating news stories
  • Public interest reporting

Note: Fair use is determined on a case-by-case basis and involves complex legal analysis. If you believe content using your work is fair use, you should still consider the factors above before filing a DMCA notice. If you're uncertain, consult an attorney.

Nigerian Copyright Law Compliance

While we follow DMCA procedures (which are internationally recognized), Nairahost also complies with Nigerian copyright law:

Applicable Nigerian Laws:
  • Nigerian Copyright Act (Cap C28 LFN 2004): The primary copyright legislation in Nigeria
  • Nigerian Copyright Commission (NCC): The regulatory body for copyright matters
  • Cybercrimes Act 2015: Addresses online copyright infringement and digital piracy
  • Economic Community of West African States (ECOWAS) Copyright Regulations: Regional copyright framework
Copyright Protection in Nigeria:

Under Nigerian law, the following works are protected:

  • Literary works (books, articles, blog posts)
  • Musical works and sound recordings
  • Artistic works (paintings, photographs, graphics)
  • Cinematograph films (videos)
  • Sound recordings and broadcasts
  • Computer programs and software
  • Architectural works
  • Derivative works and compilations
Penalties for Copyright Infringement in Nigeria:

Copyright infringement is a criminal offense in Nigeria punishable by:

  • Fines of up to ₦100,000 per infringement for individuals
  • Fines of up to ₦500,000 for corporate entities
  • Imprisonment for up to 5 years
  • Seizure and destruction of infringing materials
  • Civil damages and injunctions in addition to criminal penalties

Reporting Other Types of Violations

DMCA notices are specifically for copyright infringement. For other types of violations, use the appropriate reporting method:

Trademark Infringement

For unauthorized use of trademarks, logos, or brand names:

Email: legal@nairahost.com.ng
Subject: Trademark Infringement Complaint

Abuse Reports

For spam, malware, phishing, or Terms of Service violations:

Email: abuse@nairahost.com.ng
Subject: Abuse Report - [Type of Abuse]

Privacy Violations

For unauthorized publication of personal information (doxxing):

Email: privacy@nairahost.com.ng
Subject: Privacy Violation Report

Defamation Claims

For libelous or defamatory content:

Email: legal@nairahost.com.ng
Subject: Defamation Complaint
Note: May require court order

Questions About Copyright or DMCA Process?

Our legal compliance team is available to answer questions about copyright infringement and DMCA procedures.

File DMCA Notice support@nairahost.com.ng
Contact Legal Team For general inquiries

Nairahost DMCA Agent Address:
Legal Department - Copyright Compliance
11 Brandon Street, Ikeja, Lagos, Nigeria

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