DMCA & Copyright Takedown Policy

1. Introduction & Legal Framework

RedSwitches Pte Ltd. (“RedSwitches,” “we,” “us,” or “our”) takes intellectual property rights seriously and cooperates with copyright holders to address valid infringement complaints in accordance with applicable law.

1.1 Our Role as a Bare-Metal Infrastructure Provider

RedSwitches provides bare-metal dedicated server infrastructure, physical hardware, network connectivity, and IP address assignments. We do not host websites, store files, select content, moderate user-generated material, or access, review, or control the content that clients run on their servers. Clients have exclusive administrative control over their servers and operating systems via the RedSwitches client dashboard.

This infrastructure-only role means RedSwitches functions as a passive conduit and hosting layer rather than as a publisher or editor of any content. We have no practical ability to selectively remove individual files or URLs from a client’s server, any enforcement action necessarily operates at the level of network access (IP suspension) or service termination.

1.2 Applicable Legal Frameworks

This Policy is designed to comply with:

• 17 U.S.C. § 512 (DMCA Safe Harbor), The Digital Millennium Copyright Act provides safe harbor protections to qualifying service providers that respond promptly and in good faith to valid copyright infringement notices, maintain a designated DMCA agent, and enforce a repeat infringer policy. RedSwitches qualifies as a “Service Provider” within the meaning of § 512(k)(1).
• EU Digital Services Act (DSA, Regulation (EU) 2022/2065), The DSA establishes a notice-and-action framework under Article 6 for hosting providers operating in the European Union. RedSwitches operates data centers in the Netherlands and other EU locations and complies with DSA obligations applicable to hosting service providers.

Safe harbor protections under both frameworks depend on RedSwitches acting expeditiously upon receiving valid notices and maintaining the procedures described in this Policy.

2. Submitting a Copyright Complaint

All copyright infringement complaints must be submitted by email to:

abuse@redswitches.com

To be considered a valid notice under DMCA § 512(c)(3), your complaint must include all of the following:

1. Identification of the copyrighted work, describe the original work you claim has been infringed. If multiple works are covered by a single notice, a representative list is acceptable.
2. Identification of the infringing material, provide the specific IP address(es) or URL(s) where the allegedly infringing material is accessible. General descriptions are not sufficient; we need enough information to locate the specific content.
3. Your contact information, include your full name, mailing address, telephone number, and email address.
4. Good faith statement, a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or applicable law.
5. Accuracy and authority statement, a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorised to act on behalf of the copyright owner.
6. Signature, a physical or electronic signature of the copyright owner or a person authorised to act on their behalf.

Incomplete notices will not be actioned. If your notice is missing required elements, we may contact you to request the missing information, but we are under no obligation to do so.

Notices submitted in languages other than English may be delayed or may not be processed if translation is not feasible within our review timeline.

3. Takedown Process

Upon receipt of a complete and valid copyright complaint, RedSwitches follows this process:

(a) Receipt and Review Complaints submitted to abuse@redswitches.com are reviewed for completeness and basic validity. Notices that do not contain the required elements listed in Section 2 will not be processed.

(b) Forwarding to Client Valid complaints are forwarded to the affected client within 24 hours of receipt. We will share the complaint, including the complainant’s contact details, with the client so they can investigate and respond. Clients are expected to maintain up-to-date contact information in their RedSwitches account to ensure timely delivery.

(c) Client Response Window The client has 24 to 48 hours to respond. Acceptable responses include:

• Confirmation that the infringing material has been removed or access to it disabled
• Submission of a counter-notice (see Section 4) asserting a good faith belief that the material was removed or disabled as a result of mistake or misidentification
• Evidence that the client is authorised to use the material (e.g., a valid licence from the copyright holder)

(d) Non-Response If no response is received within 48 hours of the complaint being forwarded, RedSwitches may, at its discretion, suspend the specific service or IP address associated with the infringing material. Because we provide bare-metal infrastructure, this suspension affects the entire server or IP assignment, we cannot remove individual files on behalf of the client.

(e) Repeat Infringers Clients who receive multiple copyright complaints within a rolling 12-month period are subject to escalation under our Repeat Infringer Policy (Section 5), up to and including permanent account termination.

4. Counter-Notice

If you are a RedSwitches client whose material or service was suspended following a copyright complaint, and you believe the complaint was filed in error or that you have a right to use the material, you may submit a formal counter-notice.

4.1 Required Elements

A valid counter-notice under DMCA § 512(g)(3) must include:

1. Your physical or electronic signature
2. Identification of the material that was suspended or to which access was disabled, and the location (IP address or URL) where it appeared before it was suspended
3. A statement under penalty of perjury that you have a good faith belief that the material was suspended or disabled as a result of mistake or misidentification
4. Your name, address, and telephone number
5. Consent to jurisdiction, a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if outside the United States, any judicial district in which RedSwitches may be found), and that you will accept service of process from the complainant or their agent

4.2 After Submission

Counter-notices should be submitted to abuse@redswitches.com. Upon receipt of a valid counter-notice:

• RedSwitches will forward the counter-notice to the original complainant
• The complainant has 10 to 14 business days to notify RedSwitches that they have filed a court action seeking an injunction against the infringing activity
• If no such notification is received within that period, RedSwitches may restore access to the suspended service or IP at its discretion

Submission of a counter-notice does not guarantee restoration of service and does not override RedSwitches’ rights under its Acceptable Use Policy or Terms of Service.

5. Repeat Infringer Policy

RedSwitches has adopted and implemented a policy for the termination of clients who are repeat infringers, as required by DMCA § 512(i).

A client will be considered a repeat infringer upon receipt of three or more valid copyright complaints within any rolling 12-month period, unless each complaint is successfully resolved by valid counter-notice.

The enforcement response escalates as follows:

RedSwitches reserves the right to accelerate this schedule where a single complaint involves particularly severe or commercially significant infringement, or where the client’s pattern of behaviour indicates deliberate abuse.

6. EU DSA Compliance

For RedSwitches services hosted at data center locations within the European Union (including, without limitation, Amsterdam, Netherlands), the following additional provisions apply in accordance with the EU Digital Services Act (Regulation (EU) 2022/2065):

6.1 Notice-and-Action Mechanism

Under DSA Article 6, RedSwitches operates a notice-and-action mechanism for all illegal content, not limited to copyright infringement. Reports of illegal content (including but not limited to copyright violations, illegal goods, and harmful content) may be submitted to abuse@redswitches.com.

6.2 Statement of Reasons

When RedSwitches takes action in response to a complaint (e.g., suspending a service or IP), we will notify the affected client with a statement of reasons explaining:

• The nature of the complaint received
• The specific action taken
• The basis on which the action was taken
• The client’s right to submit a counter-notice or appeal

6.3 Appeal Rights

Clients subject to action under DSA have the right to contest that action by submitting a counter-notice or responding to the complaint as described in Sections 3 and 4 of this Policy.

6.4 Transparency

RedSwitches will publish transparency information regarding enforcement actions to the extent required by DSA and applicable guidance from the European Commission.

7. Abuse of This Process

RedSwitches takes misuse of the copyright complaint process seriously. Under DMCA § 512(f), any person who knowingly and materially misrepresents that material or activity is infringing, or that material was removed or disabled by mistake or misidentification, may be subject to civil liability, including damages, costs, and attorneys’ fees.

RedSwitches reserves the right to:

• Disregard or decline to act on notices that are clearly fraudulent, incomplete, submitted in bad faith, or targeted at content that is plainly not infringing
• Take action against complainants who repeatedly submit fraudulent or abusive notices
• Share notice content with the affected client, the public, or third parties where required by law or necessary to defend against legal claims

8. Designated Agent

RedSwitches’ designated agent for receipt of copyright infringement notices under DMCA § 512 is:

DMCA Designated Agent
RedSwitches Pte Ltd.
77 High Street, #10-12B High Street Plaza
Singapore 179433

Email: abuse@redswitches.com Subject line: DMCA Copyright Complaint

Note: The designated agent contact details above are for DMCA compliance purposes. Notices sent to other RedSwitches email addresses or submitted through other channels may not be processed within the required timeframe and could jeopardise your rights under the DMCA.

RedSwitches’ designated agent is registered with the U.S. Copyright Office in accordance with 17 U.S.C. § 512(c)(2) and 37 C.F.R. Part 201.

9. Modifications

RedSwitches reserves the right to update or modify this Policy at any time to reflect changes in law, regulation, or operational practice. Material changes will be communicated via email or notice in the client portal at least 14 calendar days before taking effect. Continued use of RedSwitches services after the effective date of any change constitutes acceptance of the revised Policy.

For questions about this Policy, contact us at abuse@redswitches.com or legal@redswitches.com.