Subpoenas
Generally
Certified Hosting's terms and conditions prohibit the disclosure
of customer information without the customer's express written
consent except as required to comply with a current judicial proceeding,
a court order, subpoena or other legal process served on Certified
Hosting. If you require information regarding an Certified Hosting
customer you must fax, mail, or serve a valid subpoena on Certified
Hosting.
The contents of web sites terminated for nonpayment are permanently
and irrevocably deleted shortly after termination of the account,
generally within five to ten business days. Such files can no
longer be recovered.
Certified Hosting will provide only such information as required
or permitted by law. Pursuant to the Electronic Communications
Privacy Act, 18 USC 2701 et, seq., Certified Hosting is prohibited
from providing the contents of e-mails or other electronic communications
except under very limited circumstances, even in response to a
valid subpoena or court order. Certified Hosting does not retain
copies of deleted or sent e-mails or e-mail logs, although such
e-mails or related information may be available on backup tapes
for a limited period. Certified Hosting does not have access to
electronic communications which are downloaded to the customer's
computer.
Service
Certified Hosting is headquartered in Las Vegas, NV. Service
can be made via fax, mail, or personal service. Service by mail
or personal service should be to the following address:
Internet Ideas, Inc dba Certified Hosting
c/o Legal compliance
4601 W. Sahara
Suite L
Las Vegas, NV 89102
Service by facsimile should be to the following number:
909.954.9570
Attn: Legal compliance
Civil Subpoenas
Certified Hosting reserves the right to notify its customer prior
to responding to a civil subpoena, and to delay compliance for
up to ten days in order to allow its customer to move to quash
the subpoena, except in an emergency or where otherwise required
by law. Certified Hosting will comply with civil subpoenas only
upon payment of its expenses, as follows:
Research $75.00/hr
Copies $0.25/page
Other costs as billed
Compact Disks $10.00/CD
In addition, Certified Hosting reserves the right to charge an
administration fee to the customer pursuant to Certified Hosting
Terms and Conditions.
Additional Documentation
Certified Hosting reserves the right to request additional information,
including but not limited to a copy of complaints or other pleadings,
in order to verify that the Certified Hosting customer information
is relevant to the records requested.
Reporting Copyright and Trademark Infringement
Each web site owner that we host is individually responsible
for the content on that site. All record keeping obligations are
the responsibility of the individual web site owner. All copyright
infringement claims under the Digital Millennium Copyright Act
should be forwarded to:
Lawrence G. Walters, Esquire
781 Douglas Avenue
Altamonte Springs, FL 32714
Fax: (407) 774-6151
Notice@DMCANotice.com
Please do not send other inquires or information to our Designated
Agent.
NOTICE AND TAKE DOWN PROCEDURES
Certified Hosting implements the following “notice and takedown”
procedure upon receipt of any notification of claimed copyright
infringement. Certified Hosting reserves the right at any time
to disable access to, or remove any material or activity accessible
on or from any Site or any Materials claimed to be infringing
or based on facts or circumstances from which infringing activity
is apparent. It is the firm policy of the Certified Hosting to
terminate the account of repeat copyright infringers, when appropriate,
and Certified Hosting will act expeditiously to remove access
to all material that infringes on another’s copyright, according
to the procedure set forth in 17 U.S.C. §512 of the Digital
Millennium Copyright Act (“DMCA”). Certified Hosting's
DMCA Notice Procedures are set forth in the preceding paragraph.
If the notice does not comply with Paragraph 19 and §512
of the DMCA, but does comply with three requirements for identifying
sites that are infringing according to §512 of the DMCA,
Certified Hosting shall attempt to contact or take other reasonable
steps to contact the complaining party to help that party comply
with the notice requirements. When the Designated Agent receives
a valid notice, Certified Hosting will expeditiously remove and/or
disable access to the infringing material and shall notify the
affected user. Then, the affected user may submit a counter-notification
to the Designated Agent containing a statement made under penalty
of perjury that the user has a good faith belief that the material
was removed because of misidentification of the material. After
the Designated Agent receives the counter-notification, it will
replace the material at issue within 10-14 days after receipt
of the counter-notification unless the Designated Agent receives
notice that a court action has been filed by the complaining party
seeking an injunction against the infringing activity. Certified
Hosting reserves the right to modify, alter or add to this policy,
and all users should regularly check back to these Terms and Conditions
to stay current on any such changes.
Last Revised 02/25/09
Certified Hosting Confidential & Proprietary
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