Responsible Use & Abuse Prevention
DMCA POLICY
1. INTRODUCTION
Tuxler Digital Services Corp. (“TuxlerVPN Mobile,” “we,” “us,” or “our”) is a Panama-based VPN service provider. As a company incorporated and operating under Panamanian law, we are not subject to the Digital Millennium Copyright Act (DMCA) or other U.S. copyright enforcement mechanisms. However, in the interest of cooperation and as a courtesy to U.S. copyright holders, we have implemented a DMCA-style process for addressing copyright infringement claims related to U.S. users or content that falls under U.S. jurisdiction.
2. SCOPE OF THIS POLICY
This DMCA Policy applies only to materials that:
- Involve a U.S.-based copyright holder.
- Involve U.S. users of TuxlerVPN Mobile.
- Originate from or involve services, content, or intellectual property governed under U.S. copyright law.
For non-U.S. copyright claims, TuxlerVPN Mobile will review complaints under Panamanian legal standards, which do not mandate compliance with DMCA takedown procedures.
3. HOW TO SUBMIT A DMCA NOTICE
If you are a copyright owner (or an authorized agent acting on behalf of the copyright owner) and believe that a TuxlerVPN Mobile user has engaged in copyright infringement by using our Services, you may submit a DMCA takedown notice to our designated agent.
To be valid under the DMCA (17 U.S.C. § 512(c)(3)), your notice must include:
- Your Contact Information. Full legal name, organization (if applicable), physical address, email address, and phone number.
- Identification of the Copyrighted Work. Provide a detailed description of the copyrighted work allegedly infringed. If multiple copyrighted works are affected, you may provide a representative list.
- Identification of the Infringing Material. Specify the exact URL(s) or other detailed location where the infringing content can be found. Provide sufficient information for us to locate the content without requiring extensive searches.
- A Statement of Good Faith Belief. You must state: “I 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.”
- A Statement of Accuracy and Authority. You must declare: “The information in this notice is accurate, and under penalty of perjury, I am the copyright owner or authorized to act on behalf of the copyright owner.”
- A Physical or Electronic Signature. You must include your electronic or physical signature.
DMCA Contact Information:
Send your DMCA notice to:
DMCA Agent, TuxlerVPN Mobile
Email: [email protected]
4. PROCESSING DMCA NOTICES
Upon receiving a valid DMCA notice, TuxlerVPN Mobile will:
- Review the complaint for completeness and compliance with U.S. copyright laws.
- Determine whether the identified content or user activity falls within the scope of U.S. jurisdiction.
- Notify the alleged infringer that a copyright claim has been made against them.
- Take appropriate action, which may include: Removing or disabling access to the infringing material.
- Suspending or terminating access to the Service for repeat infringers.
- Requesting additional information if the complaint is incomplete.
TuxlerVPN Mobile reserves the right to reject takedown requests that:
- Are incomplete, vague, or inaccurate.
- Do not properly identify the allegedly infringing content.
- Attempt to abuse the DMCA process for competitive or malicious purposes.
5. COUNTER-NOTIFICATION PROCESS
If you believe that your content was wrongfully removed due to a DMCA takedown notice, you may submit a counter-notification.
To be valid, a counter-notification must include:
- Your Contact Information. Full legal name, organization (if applicable), physical address, email address, and phone number.
- Identification of the Removed Content. Provide the exact location (URL or other identifying information) of the removed content.
- A Statement of Good Faith Belief. You must declare: “I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification.”
- A Statement of Consent to U.S. Legal Jurisdiction. If you are outside the United States, you must agree to submit to the jurisdiction of the U.S. District Court for the judicial district in which you reside, or if you reside outside the U.S., to the jurisdiction of any judicial district in which TuxlerVPN Mobile may be found. You must declare: “I consent to the jurisdiction of the Federal District Court for the [district in which I reside] and will accept service of process from the original complainant.”
- Your Physical or Electronic Signature. You must sign the counter-notification.
Counter-Notification Contact Information:
Send your counter-notification to:
Email: [email protected]
If your counter-notification is valid, we may restore the removed content within 10 to 14 business days, unless the original complainant files a lawsuit against you.
6. REPEAT INFRINGER POLICY
TuxlerVPN Mobile reserves the right to suspend or terminate access to the Service for users who repeatedly violate copyright laws. Where a repeat infringer is identified, we may permanently refuse to verify their premium subscription and block further use of the Service without refund.
7. DISCLAIMERS & LIMITATIONS
- TuxlerVPN Mobile does not monitor user activity and does not track browsing data.
- As a Panama-based VPN service, we are not legally bound by DMCA takedown requests, but we provide this process voluntarily for U.S.-related copyright issues.
- TuxlerVPN Mobile does not host or store content for users. Our VPN service merely provides encrypted tunneling.
- We cannot provide personally identifiable information on users unless required by applicable Panamanian law.
8. CONTACT INFORMATION
For DMCA-related inquiries, you may contact us at:
DMCA Agent, TuxlerVPN Mobile
Tuxler Digital Services Corp.
World Trade Center 200-B, Suite 157, Calle 53 Este, Marbella, PA, Republica de Panama
Email: [email protected]