DMCA Policy

Last Updated December 11, 2018

TorGuard.net and its affiliated organizations respect the intellectual property rights of others, and we require that our advertising partners do the same. TorGuard.net offers VPN (Virtual Private Network) services for organizations and individuals, providing transitory digital network communications under 17 U.S.C. § 512(a) of the Copyright Act.

TorGuard.net complies with the notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights.  If your content is removed under the DMCA takedown process as a result of a takedown notice, you will have an opportunity to file a counter-notification. When we receive an effective DMCA counter-notification, we forward it to the party that reported the content.  The information they receive includes your contact information.

DMCA (“Digital Millennium Copyright Act”) Takedown Notices

Content owners of copyrighted material and their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on TorGuard.net's network. The abuse team will only consider valid reports of infringement, you may submit a complete DMCA notice that features all the points described below only if the representing party sending the request is the content owner or the authorized agent acting on the behalf of the copyright owner. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for TorGuard.net to determine the legitimacy of the signature and the identity of the signatory;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site, including citation to the application copyright registrations where available;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TorGuard.net to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact;

(iv) Information reasonably sufficient to permit TorGuard.net to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;

(v) A statement that the complaining party has 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; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any such notifications of claimed infringement must be sent to:

TorGuard Copyright Agent
450 S. Orange Ave
Suite 550
Orlando, FL 32801
(407) 906-1605
DMCA[at]losey.law

Please note if any notification of claimed infringement does not meet the above requirements, TorGuard.net has no responsibility to respond to or act on any such defective notification of claimed infringement.

DMCA Counter Notification

If you receive a notification of claimed infringement, you may submit a counter notification to us pursuant to the DMCA.  It must include the following, which includes a certification made under penalty of perjury:

(i) Your physical or electronic signature, as well as information sufficient for TorGuard.net to determine the legitimacy of the signature and the identity of the signatory;

(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(iii) 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; and

(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the Middle District of Florida, and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person.

Any such counter notification must be sent to:

TorGuard Copyright Agent
450 S. Orange Ave
Suite 550
Orlando, FL 32801
(407) 906-1605
DMCA[at]losey.law

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