Subpoena Policy

Hosted.com®’s Privacy Policy prohibits the release of customer or account information without express permission from the customer, except under limited circumstances such as when required to comply with law or legal process properly served on Hosted.com® or one of its affiliates.

If you seek the identity or account information of a Hosted.com® customer in connection with a civil legal matter, you must mail or serve Hosted.com®, with a valid subpoena. Valid subpoenas are those issued by any U.S. federal court. Hosted.com® will not respond to subpoenas, or analogous discovery mechanisms, issued by courts outside of the United States due to the inherent difficulties in validation.

If you seek the identity or account information of a Hosted.com® customer in connection with a criminal matter and you are a member of the law enforcement community, you must mail or serve Hosted.com®, with a valid subpoena.

Hosted.com® reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Hosted.com® customer information is related to the pending litigation and the underlying subpoena.

All subpoenas, whether in connection to a civil or criminal legal matter, should be sent by registered mail to our designated agent:

Hosted.com® LLC

4023 Kennett Pike #50230

Wilmington, DE 19807

Upon the receipt of a valid subpoena, unless the circumstances or subpoena warrant otherwise, Hosted.com® may promptly notify the customer whose information is sought via email or U.S. mail.

If the circumstances do not amount to an emergency, Hosted.com® may not immediately produce the customer information sought by the subpoena and may provide the customer an opportunity to move to challenge the subpoena in court.

Hosted.com® reserves the right to charge an administration fee to the customer by charging the customer’s Hosted.com® account.

Court orders should be as specific as possible, but at a minimum, must include:

• The affected domain name(s) and, for content Hosted.com® is hosting, the specific URLs where the hosted content is located. (Please only provide us with orders for content that is hosted on Hosted.com®’s hosting infrastructure.)

• The specific action that Hosted.com® is being requested to take regarding the domain name and/or associated website.

If the plaintiff is seeking control of a customer’s Hosted.com® account, the court order must specify the Hosted.com® customer account number. (Please only pursue this option if all domain names and all other services in the account are related to the litigation.) Should this matter only be in connection with singular or part of do not seek control of the customer’s account.

Hosted.com® may charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. All invoicing information needs to be supplied prior to the release of information.

Payment must be made within thirty (30) days from the date of receipt of the Hosted.com® invoice. Hosted.com®’s subpoena compliance costs are as follows:

 

 

Hosted.com® may also charge additional amounts for requests that require third-party charges or other expenses, including legal expenses.

Hosted.com® will not produce the content of email because the Electronic Communications Privacy Act, 18 U.S.C. § 2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even under subpoena or court order, except in limited circumstances. Hosted.com®’s email servers do not retain deleted or sent email.

Notwithstanding any of the above, Hosted.com® reserves the right to challenge the validity of any subpoena or otherwise move to quash or take such other action to secure an order from the relevant court that Hosted.com® is not required to respond to the subpoena.

Valid requests are handled in the order received, subject to pending expedited requests. Responsive information is generally provided within ten (10) business days or on/before the time set forth in the request.

Only send law enforcement notices to legal@hosted.com. (If you use the wrong email address we will not respond to your complaint.)

Hosted.com® reserves the right to modify this policy at any time in its sole discretion.