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DOCUMENT // TERMS-01 [EXPANDED]

OPERATIONAL TERMS OF SERVICE

EFFECTIVE DATE: September 5, 2026
CLASSIFICATION: PUBLIC / BINDING AGREEMENT

This document dictates the operational boundaries, legal authorities, and liabilities governing the relationship between Kohza Digital Enforcement ("the Bureau", "we", "our") and our clients ("Client", "you"). By commissioning a takedown, initiating a case file, or paying a retainer, you execute a binding agreement under these terms.

1. Agency & Operational Authority

By utilizing the Bureau, you grant us express, irrevocable legal authority to act as your authorized agent under the Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512) and equivalent international intellectual property statutes (e.g., the EU Copyright Directive, UK CDPA 1988). You authorize our agents to:

  • Draft, sign electronically or physically, and issue formal DMCA takedown notices on your behalf.
  • Issue cease-and-desist commands to infringing parties.
  • Communicate directly with internet service providers (ISPs), bulletproof hosting providers, search engines, and social media platforms.
  • Submit sworn declarations under penalty of perjury asserting your copyright ownership.

2. Client Declarations, Perjury & Fraud

Because the DMCA requires sworn statements under federal law, you swear under penalty of perjury that:

  • You are the exclusive, lawful owner of the copyright(s) being infringed, or you are legally authorized by the owner to act.
  • You have a good faith belief that the use of the material is not authorized by law (e.g., it is not protected "fair use" or parody).
  • The information and evidence provided in your case dossier is 100% accurate and verifiable.

WARNING - ANTI-FRAUD PROTOCOL: Fraudulent submissions, falsified evidence, or attempting to weaponize our services for anti-competitive, malicious takedowns of legitimate content will result in immediate termination of service. We will comply with federal subpoenas if you are sued under 17 U.S.C. § 512(f) for misrepresentation.

3. Limitations of Service & Rogue Infrastructure

The Bureau utilizes aggressive, high-leverage tactics to remove stolen content. However, the internet is highly decentralized. We explicitly do not guarantee the permanent removal of content hosted on:

  • Offshore / Bulletproof Hosts: Jurisdictions that explicitly ignore international IP law (e.g., certain servers in Russia, China, or non-extradition territories).
  • Decentralized Networks: Torrents, IPFS, or blockchain-hosted media.
  • Dark Web / Onion Routing: Hidden services outside standard ICANN indexing.

When direct takedowns fail against rogue infrastructure, our operations pivot to Containment: de-indexing the offending URLs from major search engines (Google, Bing, DuckDuckGo) and threatening upstream Tier-1 transit providers to sever the rogue host's connection.

4. Counter-Notices & Escalation

Under the DMCA, the target of a takedown has the legal right to submit a Counter-Notice. If a valid Counter-Notice is received, the hosting provider is legally obligated to restore the stolen content within 10 to 14 business days.

The Bureau is an enforcement agency, not a law firm. We cannot file federal lawsuits on your behalf. If a target successfully counter-notices, maintaining the takedown requires initiating formal litigation in federal court. In such scenarios, we will close the tactical operation and securely transfer your compiled evidentiary dossier to your retained legal counsel.

5. Retainers, Billing & Refunds

Operations are initiated only upon the clearance of agreed retainers or invoice payments. Because our work involves immediate tactical execution, labor, and digital footprint analysis, all retainers and takedown fees are strictly non-refundable once an operation has commenced, regardless of the ultimate success of the takedown against rogue platforms.

6. Indemnification

You agree to fully indemnify, defend, and hold harmless Kohza Digital Enforcement, its agents, directors, and subsidiaries against any and all claims, damages, liabilities, lawsuits (including 512(f) misrepresentation claims), and legal fees arising from the takedown operations we execute on your behalf, based on the evidence and claims you provided to us.

7. Limitation of Liability

In no event shall the Bureau be liable for any indirect, consequential, punitive, or special damages, including lost profits, reputational damage, or data loss arising from the failure to remove specific content, the filing of counter-notices by third parties, or the proliferation of stolen content across peer-to-peer networks. Our absolute maximum aggregate liability shall not exceed the total fees paid by you to the Bureau in the three (3) months preceding the inciting incident.

8. Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any legal action or proceeding related to our operations shall be instituted exclusively in a state or federal court in Delaware.

9. Operational Communications

To initiate a case, dispute a charge, or escalate an operational matter, direct your communications to our active dispatch at: [email protected].