Offshore hosting and DMCA-what you need to know
How DMCA takedown requests are handled in offshore locations, what content is protected, and the limits of DMCA-free hosting at UnderHost.
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The Digital Millennium Copyright Act (DMCA) is a US law that requires hosting companies to remove content when they receive a copyright takedown notice. DMCA-free hosting means the server is in a jurisdiction that does not have this legal obligation.
How offshore hosting handles DMCA
UnderHost's offshore hosting is primarily located in the Netherlands and other European or Caribbean jurisdictions. These locations do not fall under US law and are not bound by US DMCA regulations. Copyright law in the Netherlands and other European countries exists but operates differently-there is no equivalent to the US DMCA's automatic takedown procedure.
When UnderHost receives a DMCA-style notice for offshore-hosted content:
- We review the notice against the laws applicable in the server's jurisdiction
- We do not automatically remove content that does not violate local law
- We do cooperate with legally binding court orders from competent jurisdictions
- We do still enforce our own Acceptable Use Policy
What is DMCA-free hosting good for?
DMCA-free offshore hosting is commonly used for:
- File sharing sites and download portals
- Streaming services with international content
- News and media sites covering politically sensitive topics
- Privacy-focused services that want distance from US legal frameworks
- Content that is legal in the hosting jurisdiction but may receive US DMCA notices
Important limits
No offshore hosting location protects content that is universally illegal or prohibited by UnderHost's AUP. This includes: child sexual abuse material (CSAM), content used to conduct fraud, malware distribution, botnet command-and-control, DDoS infrastructure, and content used to harm individuals.
DMCA-free does NOT mean:
- No copyright law applies
- Any content is permitted
- Court orders from any jurisdiction will be ignored
- Your content is invisible to rights holders
Abuse handling
Despite being DMCA-free, UnderHost takes abuse seriously. Content that violates our AUP will be actioned, regardless of the server location. We cooperate with legitimate law enforcement requests under applicable local law. To report abuse, contact our abuse department at CustomerPanel → Support → Abuse / Legal.
Need offshore hosting?
Check our offshore hosting locations and plan options for DMCA-free environments.
