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DMCA policy

DMCA-ignored, stated precisely.

4 of our 8 locations do not act on a US copyright notice at all, because outside the United States that notice is a letter rather than an instrument. Our 3 EU sites (the Netherlands, Romania and Bulgaria) are not among them, and the reason is the half of this subject most pages skip. Here is the whole of it.

4 DMCA-ignored locations3 EU reviewed under the DSA1 full DMCA (US)
Updated

Maintained by the NimbusVPS engineering team. We publish under the company name rather than a personal byline, and the structured data on this page says the same.

What the DMCA actually is

The Digital Millennium Copyright Act is a United States federal statute passed in 1998. Its section 512 creates a safe harbour: a US service provider that removes allegedly infringing material promptly on receipt of a compliant notice is shielded from liability for its users' infringement.

That single sentence is where nearly every misconception about offshore hosting starts, so it is worth pulling apart into the two things it actually implies.

The DMCA is not a global law. Its notice-and-takedown procedure binds providers subject to US jurisdiction, and a provider in Bucharest has no s.512 safe harbour it must preserve by taking your site down. Be careful with the stronger version of that sentence, which we used to print here: s.512 defines a service provider by what it does and whether it meets the conditions, not by nationality, and US courts have taken personal jurisdiction over foreign online services that aim themselves at US users. Where your server sits changes who has to be persuaded and how hard that is. It does not make US copyright exposure disappear.

A DMCA notice is not a court order. It is a letter asserting infringement, sent under penalty of perjury as to the sender's authority but with no judicial review of the claim itself. Anyone can send one. They are sent in enormous volume by automated systems, and studies of large notice corpora have consistently found substantial error rates.

What "DMCA ignored" means here

At NimbusVPS, in the 4 locations marked DMCA-ignored, a US copyright notice is:

  • Received and logged, so we have a record.
  • Forwarded to you for information, so you know a claim was made.
  • Not acted upon. No suspension, no takedown, no content removal, no null-route.

The reason is straightforward: a US notice arriving in Reykjavík, Chișinău, Panama City or Victoria carries no legal force of its own, and no local instrument stands behind it. Acting on it would mean removing a customer's lawful content on the say-so of a letter from a foreign jurisdiction.

Now the part most pages in this market leave out, and the reason our list is shorter than theirs. Amsterdam, Bucharest and Sofia are inside the European Union, and since 17 February 2024 the Digital Services Act (Regulation (EU) 2022/2065) has applied to every hosting provider in it. Art. 16 obliges us to accept a complaint about your server and to deal with what it says. Once one carries the detail Art. 16(2) sets out, we are treated as knowing it, and Art. 6(1) withdraws the liability shield from us if we then do nothing. That is why the Netherlands, Romania and Bulgaria are marked reviewed in the table below and not ignored: the label describes what the law allows us to do, not which marketing tier a site belongs to, and a hosting provider established in the Union cannot honestly claim the second one. In those 3 sites a bulk DMCA email still does nothing, a properly substantiated complaint gets assessed and answered, and "we act only on a court order" is a promise the law no longer lets us keep. We would rather lose the sale than let you find that out from a lawyer.

Outside the Union the older framing holds, and that is precisely where our 4 DMCA-ignored sites are. Iceland is the strongest case for it: it is in the EEA but outside the EU, so the DSA does not reach it, and under Act No. 30/2002 a host's removal duty is tied to a court injunction. Moldova, Panama and Seychelles sit outside both the US and EU frameworks entirely, so a foreign notice there reaches us with no mechanism behind it at all.

What continues to apply everywhere, including in those locations:

  • A court order from the host country's own judiciary is honoured. Always, without exception.
  • Our acceptable use policy is enforced. CSAM, spam, phishing, malware and denial-of-service attacks get you removed immediately, with no refund and no argument, in every location.
  • Criminal law of the hosting country applies. DMCA-ignored is about copyright notices, not about criminal conduct.

Location by location

Location DMCA What actually happens
🇳🇱 Netherlands reviewed Amsterdam is inside the European Union, so the Digital Services Act is the law that decides what we do with a complaint about your server. Art. 16 puts us under a duty to accept one and to deal with it; a complaint carrying the detail Art. 16(2) sets out is treated as something we now know about. We weigh it on the merits, and you hear from us before your server does.
🇷🇴 Romania reviewed Romanian law contains no DMCA, no counter-notice clock and nothing that obliges us to act on a US notice as such. What it contains instead is the Digital Services Act, which reaches Bucharest because Bucharest is in the Union. Art. 16 obliges us to take a complaint and answer it; once one carries the detail Art. 16(2) sets out we are taken to know what it says, and Art. 6(1) stops sheltering us if we then do nothing. So we read what arrives, we tell you it arrived, and "a Romanian court order or nothing" is not a promise we could keep.
🇮🇸 Iceland ignored Regulation (EU) 2022/2065 is EU law and Iceland is not an EU Member State, so the Digital Services Act is not the instrument that decides what happens to a complaint about a server in Reykjavík; EEA membership does not carry an EU regulation across on its own. Two Icelandic statutes carry the weight instead: the Media Act No. 38/2011, which puts protection of sources on a statutory footing, and Act No. 30/2002, which ties a host's duty to take anything down to a court injunction — so a demand from abroad has to be turned into an Icelandic court's order before it does anything here. One correction if the Modern Media Initiative is what brought you here: the protection described above comes from the two Acts named, not from the 2010 initiative. Not everything that initiative called for reached the statute book, so ask which Act your protection actually sits in before you rely on it.
🇧🇬 Bulgaria reviewed Bulgaria is in the EU, so the Digital Services Act governs what we do with a complaint here, exactly as it does in Bucharest and Amsterdam. Unsubstantiated noise stays informational. But a notice that meets the Art. 16(2) bar hands us actual knowledge, and from that moment "we only move on a Bulgarian court order" would be a description of a liability shield we no longer have.
🇲🇩 Moldova ignored Moldova does not enforce foreign copyright judgments, and a US notice reaches us here with no legal force of its own. What it is not is unreachable: Moldova and the United States are both parties to the Budapest Convention on Cybercrime, which opens a formal mutual-assistance channel for electronic evidence between them. Anything that lands still has to be run through Moldovan process.
🇵🇦 Panama ignored Correcting something this site used to say: a criminal request from the United States has a treaty route into Panama, and has had one for three decades. The mutual assistance treaty was signed on 11 April 1991 and entered into force on 6 September 1995, so US authorities are not shut out here. What Panama changes is the shape of that route. Art. 29 of the Constitution makes private correspondence inviolable, and a foreign demand does nothing on its own until Panamanian authorities and courts act on it under Panamanian law. So a subpoena that arrives in an inbox gets you nowhere, and for most people that difference is exactly what the price index buys. A US prosecutor prepared to open a treaty file has a route, that route works, and we would rather you chose Panama knowing it than discovered it afterwards.
🇸🇨 Seychelles ignored We used to sell this site on "corporate secrecy statutes", and that was the wrong body of law: company-confidentiality rules cover a company's own records, not a host's customer data, and the Beneficial Ownership Act 2020 has narrowed even that. The honest case for Victoria is narrower and still real — no EU or US membership, and a demand for anything we hold has to be pursued through the Seychelles courts.
🇺🇸 United States enforced This is a US location and full DMCA safe-harbour procedure applies, including takedowns. We say this plainly because choosing the wrong jurisdiction is the most expensive mistake a customer can make.

We list the United States in the same table and label it plainly, because a customer who buys "DMCA-ignored hosting" and lands in Kansas City has been sold the opposite of what they asked for.

This is not "bulletproof hosting"

The term bulletproof hosting describes providers that knowingly host criminal infrastructure — botnet command-and-control, phishing kits, carding shops, ransomware panels — and refuse all cooperation. That is a genuine and very different category, and it is not what we are.

Three practical reasons, in ascending order of how much they matter:

  1. Transit providers de-peer networks that host that material. A provider whose upstreams disconnect it takes every legitimate customer down with it.
  2. It attracts exactly the attention that hurts everyone hosted there. Law enforcement seizure of a rack does not distinguish between the criminal tenant and the journalist next to them.
  3. We do not want to. A privacy position is worth defending. A malware position is not, and conflating them does real damage to the case for the former.

Our position is narrow and defensible: we do not act on unadjudicated foreign copyright claims, and we do act — immediately — on verified reports of criminal abuse. Those are not in tension.

What we do act on, everywhere

In every location, including all 4 DMCA-ignored ones, verified reports in these categories result in immediate suspension without refund:

  • Child sexual abuse material. No location, no exception, no notice period. Reported to the relevant authority.
  • Spam and unsolicited bulk email, including snowshoe operations and list-washing.
  • Phishing and credential harvesting, including sites impersonating banks, exchanges or providers.
  • Malware hosting and command-and-control, including ransomware panels and stealer infrastructure.
  • Denial-of-service attacks launched from our network, including booter and stresser services.
  • Carding, fraud and stolen-data marketplaces.
  • Anything criminal under the law of the hosting country.

Full text in the acceptable use policy. Counts of what we acted on go into the transparency report at each quarter end — no quarter has closed yet, so that page currently publishes the method and an empty table rather than figures.

Evaluating a "DMCA-ignored" claim

The phrase appears on a great many hosting front pages, including plenty of providers who will suspend you on the first complaint. Questions that separate them:

  1. Which jurisdiction, specifically, and which datacenter? "Offshore" is not a country. A provider that will not name the facility is reselling, and the actual host's policy is what governs you.
  2. Do they own their IP space? A reseller's upstream can null-route your prefix regardless of the reseller's own stated policy. Ask for the AS number and check the registry yourself — if the name that comes back is not the host's, you are buying from a reseller. Apply the same test to us; the network page tells you where our number stands.
  3. Is the abuse policy written down and specific? "We ignore all complaints" is not a policy, it is a liability. Look for a document distinguishing copyright notices from criminal reports.
  4. What happens on a local court order? A provider claiming it would ignore one is either lying or will not exist long enough to matter.
  5. Is there a transparency report? Published counts mean someone has thought about the process before it was needed.

Frequently asked questions

What does DMCA-ignored hosting mean?

DMCA-ignored hosting means the provider does not act on a US copyright takedown notice as such, because that notice has no legal force outside the United States. At NimbusVPS that is 4 of our 8 locations — Iceland, Moldova, Panama and Seychelles — where a notice is logged and forwarded to the customer for information, with no suspension and no content removal. Two caveats we would rather state than bury. Our 3 EU sites (the Netherlands, Romania and Bulgaria) are deliberately absent from that list: a US notice has no direct force there either, but the Digital Services Act obliges us to accept a complaint and deal with it, and a properly substantiated one leaves us knowing something we cannot then ignore, so labelling those sites DMCA-ignored would be selling you something EU law does not let us deliver. And everywhere, a court order from the host country is honoured and the acceptable use policy still applies.

Is DMCA-ignored hosting legal?

Declining to act on a US notice is not unlawful conduct where that notice has no legal force — the DMCA procedure binds providers subject to US jurisdiction, and a provider in Bucharest has no s.512 safe harbour it needs to preserve. That is the accurate claim, and it is narrower than the flat "yes" this page used to give. It says nothing about whether the underlying content is lawful, it does not stop a rights holder litigating where you or the server actually are, and in our EU locations it sits alongside a Digital Services Act duty to act on substantiated notices.

Can I host copyrighted content on a DMCA-ignored server?

DMCA-ignored describes what happens when a notice arrives, not whether the underlying conduct is lawful. Copyright law exists in Iceland, Moldova, Panama and Seychelles exactly as it does anywhere else, and a rights holder who obtains a court order in the hosting country will see it enforced. What changes is that unadjudicated foreign claims produce no automatic action, and a rights holder has to litigate rather than send an email. In our 3 EU sites even that understates it: a substantiated Digital Services Act complaint is assessed without any court being involved.

Which of your locations are DMCA-ignored?

Reykjavík, Iceland; Chișinău, Moldova; Panama City, Panama; Victoria, Seychelles — 4 of 8. Our 3 EU sites (the Netherlands, Romania and Bulgaria) are not on that list and will not be put there: the Digital Services Act obliges us to accept a complaint and deal with it, so we weigh a substantiated one on its merits and give you a chance to respond before acting. The United States location is subject to full DMCA safe-harbour procedure including takedowns, and we say so plainly on the location page.

Is this the same as bulletproof hosting?

No. Bulletproof hosting describes providers that knowingly host criminal infrastructure — botnet command-and-control, phishing kits, ransomware panels — and refuse all cooperation. We act immediately on verified reports of CSAM, spam, phishing, malware and denial-of-service attacks in every location, including the DMCA-ignored ones. Declining to act on unadjudicated copyright claims and refusing to host criminal infrastructure are entirely compatible positions.

What happens if a court in the hosting country orders content removed?

We comply. A valid order from a court with jurisdiction over the datacenter is honoured in every location without exception, and you are notified unless the order itself prohibits notification. This is the line that separates a jurisdictional position from a criminal one, and it is not one we blur.

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