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Just some thoughts:
1. A disclaimer is only about the relationship between the site owner and the surfer. You can call it disclaimer, contract or agreement or whatever, but: You can not make a contract to the coast of a third party. Period.
2. If your behaviour is punishable or not, is not depending on what you think or believe. Have a look in the laws of your country or ask your lawyer - before you are doing something.
Some actions are only punishable if you make them in your own country, that means the place of crime is decisive. Other actions are punishable whereever you have made them, examples are sexual abuse of children or the international terrorism.
The place of crime is a little bit different from that what some ppl wrote in this thread.
If you live in the UK and your server is in the USA - then both countries are the place of crime. You are uploading from your PC in the UK, and that is the criminal action in the UK. Even if there is a country that is allowing childpornography, and you have your server in this country - you will get punished after the laws of the UK, the place where you made the crime.
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