PrivateInternetAccess.com 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.
PrivateInternetAccess.com 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, PrivateInternetAccess.com’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.
That being said, PrivateInternetAccess.com will do its best to assist copyright owners and their agents that report copyright infringement by a user that is using our services to the extent we can. However, before investigating any report of copyright infringement, we require the copyright owner or its authorized agent to give us a valid and complete DMCA takedown notices if you wish to report what you believe is infringing activity by a third party using PrivateInternetAccess.com’s VPN service. If you are unsure as to whether content on the PrivateInternetAccess.com network infringes your copyrights, then please first contact an attorney. Please deliver your notices to PrivateInternetAccess.com’s designated DMCA Agent.
Pursuant to 17 U.S.C. § 512(c)(3), all of the following items are required for our agent to investigate your notice:
Upon receipt of your DMCA takedown notice, we will make reasonable attempts to assist you if we can, recognizing that our system is designed to maximize users privacy and that we maintain no logs tracking our users’ activities. If a notice lacks any of the aforementioned necessary elements, it may be deemed an invalid notice and PrivateInternetAccess.com will not attempt to investigate it.
Please be aware that pursuant to 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing or that that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
If we are able to help you identify a user or other third party that is subject to your notice, be aware that we abide by the DMCA’s counter-notification provision. Specifically, the DMCA provides a means for those reported for copyright infringement using a DMCA notice to provide a response to address the original Complaint. 17 U.S.C. §§ 512(g)(2)-(3).
As with DMCA takedown notices, DMCA counter-notifications have certain statutory requirements, which we have listed below. Again, if you are unsure as to whether you should provide a counter-notification, please contact an attorney specializing in intellectual property issues.
Private Internet Access complies with copyright laws by terminating repeat infringers of copyrighted content from the Private Internet Access VPN service. If you are a copyright owner or agent thereof and you are aware of a repeat infringer of your content using the Private Internet Access network, if you inform us of the identity of the user through email address or other identifying means, and we can confirm the claims of repeat infringing activity then we will terminate the account of the repeat infringer in accordance with our repeat infringer policy. If your Private Internet Access account is terminated under this Section as a repeat infringer, then you are not allowed to subscribe again to get around the lack of access to the service.