Digital Millennium Copyright Act
SwitchVPN does not condone the use of our service to facilitate copyright infringement. We respect and abide by U.S. copyright laws including the requirements of the DMCA and rely on our users to do the same.
SwitchVPN implements an automated virtual private network (“VPN”) service. Our service is fully automated and we do not log our user’s activities. We do not in any way select the recipients our users transmit to or the material our users access while using our service. We do not store, access, or modify any content that our users access while using our service.
As a result, SwitchVPN’s VPN service qualifies as a provider of transitory digital network communications under 17 U.S.C. § 512(a) of the Copyright Act. As we do not store any content accessed by our users, we are unable to delete any such content that may be infringing. Because we do not log our users’ activities in order to protect and respect their privacy, we are unable to identify particular users that may be infringing the lawful copyrights of others.
Pursuant to the Digital Millennium Copyright Act (the “DMCA”), Company will review and promptly respond to all notices of copyright infringement. If you are a copyright holder and believe that material contained within the Service violates your intellectual property rights, please contact Company’s copyright agent at firstname.lastname@example.org.
- an electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- identification of the copyrighted work claimed to be infringed;
- An identification of the user who may be responsible for the infringing activity;
- identification of the material claimed to be infringing and the exact location of such material within the Service;
- information reasonably sufficient to permit Company to contact you, such as physical address, telephone number or email address;
- a statement that you have a good faith belief that use of the material in the stated manner is not authorized by the copyright owner, its agent or the law; and
- an explicit statement, made under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Pursuant to 17 USC §512(f), any person who knowingly and materially misrepresents that material is infringing may be subject to liability. Company reserves the right, in its sole and absolute discretion, to terminate users that repeatedly misidentify copyrighted material or make fraudulent claims concerning such materials.
If you believe a notice of copyright infringement was filed in error or fraudulently, you may send a Counter-Notification to email@example.com.
- identification of the material that was blocked and the exact location of such material within the Service;
- the specific reason for which access to the material was blocked;
- your complete and valid contact information, including name, address, telephone number and email address;
- a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located and that you will accept service of process from the claimant or an agent of such person;
- the following explicit statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”;
- your signature or, if providing notice via email, an electronic signature or scanned physical signature.
By submitting a Counter-Notification, you consent to your personal information relating to the Counter-Notification being disclosed to the claimant. Company will not disclose your personal information relating to the Counter-Notification to any party other than the claimant unless required or expressly permitted to do so by applicable law.
Following Company’s transmission of the Counter-Notification, the claimant must respond within the (10) business days stating that they have filed an action seeking a court order to restrain you from engaging in infringing activity. If the claimant does not respond with such notice, Company must restore access to the blocked material pursuant to 17 USC §512(g)(2).