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Legal & privacy

DMCA & Complaints Policy

How OffshoreServ handles copyright and abuse complaints: US DMCA notices are not enforced, while valid local court orders and EU DSA notices can require action.

Updated 6 min readAll services, all 7 jurisdictions

Key points

  • US DMCA notices have no legal force in our jurisdictions, so we do not act on them as takedowns.
  • We log every notice, reply with this policy, and can optionally inform the customer.
  • A valid local court order, or in the EU a proper DSA notice, can require us to act.
  • A short zero-tolerance list is handled at once, without waiting for due process.
  • We publish counts of notices and outcomes in our quarterly transparency report.
On this page
  1. 1. Why US DMCA notices have no force here
  2. 2. What we do with foreign notices
  3. 3. What can require us to act
  4. 4. Zero-tolerance categories
  5. 5. How to submit a complaint
  6. 6. What a complaint must contain
  7. 7. Our process and timelines
  8. 8. Counter-notices and customer response
  9. 9. Transparency reporting

This policy explains how OffshoreServ handles copyright complaints, abuse reports, and other requests to remove or restrict customer content. It applies to every service in all seven of our locations. We aim to be honest about what a complaint can and cannot achieve here, rather than to promise more or less than the law of each location actually requires.

1. Why US DMCA notices have no force here

The Digital Millennium Copyright Act is a United States federal statute. Its notice-and-takedown mechanism, including the "safe harbor" that rewards providers for removing content on request, is a feature of US law and binds providers subject to US jurisdiction.

OffshoreServ operates in Iceland, Switzerland, Moldova, Romania, the Netherlands, Bulgaria, and Malaysia. None of these countries is bound by the DMCA. A notice sent under the DMCA therefore does not create any legal obligation for us and does not, by itself, oblige us to remove, disable, or restrict anything. We do not operate a DMCA agent, we do not claim DMCA safe harbor, and we do not action DMCA notices as takedowns.

This is a statement about the reach of one specific law. It is not a claim that no law applies to your server. Local courts can always act, and copyright is protected in every country we use. What changes offshore is which law applies and who can compel us, not whether any law applies at all.

2. What we do with foreign notices

We treat a "foreign notice" as any complaint that is not a binding order from an authority competent in the location where the server runs. Most copyright complaints, including every DMCA notice, fall into this group. For each one we do the following.

  • We log it. The notice is recorded with its date, the sender, the service referenced, and the allegation. This record feeds our transparency report.
  • We reply to it. We answer the sender at the contact address given with the notice and point them to this policy, so they understand how complaints are assessed here and what would be needed to compel action.
  • We do not forward it as a takedown. Nothing happens to the server on the strength of a foreign notice alone. We do not suspend, throttle, or edit customer content because a foreign notice arrived.
  • We may inform the customer. Where it is useful and not legally prohibited, we can pass the substance of the complaint to the customer, in their client area, so they can respond or resolve it directly. Dedicated and GPU customers can ask us by ticket always to relay complaints to them.

The one exception is the zero-tolerance list in section 4. Content in those categories is acted on regardless of where the report came from, because it is illegal in our locations and not a matter of competing copyright claims.

3. What can require us to act

Two kinds of request can create a genuine obligation for us.

3.1 A valid local court order

An order from a court or competent authority in the country where the server is located can require us to remove content, disclose the limited records we hold, or suspend a service. We assess each order for validity and scope before acting, and we act only to the extent the order requires. Icelandic, Swiss, Moldovan, Romanian, Dutch, Bulgarian, and Malaysian courts can all issue such orders, and we comply with valid ones. Foreign authorities generally reach us through mutual legal assistance, described in our law-enforcement guidelines.

3.2 The EU Digital Services Act (EU locations)

Our locations in Romania, the Netherlands, and Bulgaria are in the European Union, where the Digital Services Act applies to hosting providers. We want to be honest about what this means rather than pretend the offshore label removes it.

Under the DSA notice-and-action rules, a notice about specific illegal content that is sufficiently precise and adequately substantiated can give a hosting provider "actual knowledge" of that content. A notice generally needs to explain why the content is illegal, state its exact location (such as the precise URL or IP address), give the sender's name and contact details (except for certain offenses against minors), and confirm the complaint is made in good faith. A notice that meets this standard can create obligations for the EU host, and unjustified inaction can remove liability protections. We therefore assess DSA-compliant notices on their merits under the applicable law.

A DSA notice is not the same as a US DMCA notice. A bare copyright allegation that does not meet the DSA standard, or that concerns content that is not illegal, is handled as a foreign notice under section 2. Iceland (EEA, where the DSA is not yet incorporated) and Switzerland, Moldova, and Malaysia (outside the EU/EEA) are not governed by the DSA; complaints about servers there are assessed under their own local law.

4. Zero-tolerance categories

Some content and activity is illegal across our locations and causes direct harm. We act on it immediately, without the wait for due process that applies to ordinary complaints, and we do not need a court order to do so.

  • Child sexual abuse material. Removed at once and reported to the competent authorities.
  • Malware infrastructure: botnet command-and-control, stealers, ransomware panels, and exploit kits.
  • Spam and phishing.
  • Attacks launched from our network: denial-of-service, mass scanning, and brute-force attempts.
  • Fraud against real people: carding, fake shops, account takeover, and extortion.

These categories are also set out in our Acceptable Use Policy. Action here can mean immediate suspension or termination, and, for child sexual abuse material, a report to the authorities.

5. How to submit a complaint

We have no email address for complaints. Please send one notice per matter and avoid automated bulk resubmission, which slows every complaint down.

6. What a complaint must contain

To let us assess a complaint quickly and correctly, include:

  1. your name and contact details, and, if you act for a rights holder, who you represent;
  2. the precise location of the content: the exact URL, IP address, or service identifier;
  3. a clear description of the material and why it is unlawful, with reference to a specific law where possible;
  4. for copyright, identification of the protected work and the basis of your rights;
  5. a statement that the complaint is made in good faith and that the information is accurate.

7. Our process and timelines

Every complaint follows the same path, applied against the law of the country where the server runs.

  1. Acknowledgement. The form gives every complaint a reference at once. Where you leave a contact address, we aim to acknowledge the complaint there within 2 business days.
  2. Assessment. We check the notice against the applicable local law and against this policy. Zero-tolerance matters are handled immediately.
  3. Response. For foreign notices, we reply to explain that no action follows and, where appropriate, inform the customer. For DSA-compliant or court-ordered matters, we act to the extent required.
  4. Customer response window. Where the customer is informed and the matter is not urgent or legally sealed, we normally allow 5 business days for a reply before deciding on any action.

These are target timelines. Complex or high-volume matters can take longer, and urgent illegal content is acted on without delay.

8. Counter-notices and customer response

Because we do not run a DMCA takedown process, there is no formal DMCA counter-notice to file. What we offer instead is a right to respond: when we inform a customer of a complaint, they may explain why the content is lawful, provide a license or other authorization, or resolve the matter directly with the complainant. We take that response into account before any action, unless a court forbids us from notifying the customer or the matter is a zero-tolerance category. If we suspend a service in error, we restore it once the position is clear.

9. Transparency reporting

We publish the number of complaints, court orders, and law-enforcement requests we receive, and their outcomes, in our transparency report. Reports are released quarterly, within 15 days of the end of each quarter, and never contain customer data. The first report covers the launch quarter, Q3 2026, from 25 September 2026. Our warrant canary covers the categories of secret request that a transparency report cannot name.

Questions about this page?

Customers with an active dedicated or GPU server can ask us by ticket from the client area. To send something sensitive, encrypt it with our PGP key first.

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