Certified Hosting – SUBPOENA AND LAW ENFORCEMENT REQUEST POLICY
1. Subpoenas & Law Enforcement Requests
Certified Hosting’s policies prohibit the disclosure of customer information without the customer’s express consent except as required to comply with a pending criminal investigation, a court order, search warrant, discovery request, subpoena, or other legal process served on Certified Hosting. If you require information regarding a Certified Hosting customer you must transmit a proper request to our subpoena compliance representative set forth below. The contents of web sites terminated for nonpayment, or otherwise, are permanently and irrevocably deleted based on data storage capacity concerns shortly after termination of the account – generally within five to ten business days. Such files can thereafter 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 U.S.C. § 2701 et, seq., Certified Hosting is prohibited from providing the contents of e-mails or other electronic communications except under very limited circumstances. Generally a subpoena is required, however for some information a court order or warrant is necessary. Please review applicable federal law before submitting requests for subscriber information. 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 of time. Certified Hosting does not retain access to electronic communications which are downloaded to the customer’s computer or mobile device.
2. Service of Subpoenas and Other Legal Process
In an effort to cooperate with law enforcement and the judicial system, you may transmit your information requests via fax, mail, or personal delivery to the following:
Certified Hosting Solutions 22365 Barton Road Suite 309 Grand Terrace, CA 92313 Fax: (909) 954-9570
We reserve the right to require formal service of process in any given case. Nothing contained herein shall constitute a waiver of service of process or consent to jurisdiction by the courts outside of the State of Nevada.
3. Notification to Customers
Certified Hosting reserves the right to notify its customer prior to responding to a civil or administrative subpoena, and to delay compliance for up to ten days in order to allow its customer to move to quash the subpoena, or for a protective order, from a court of competent jurisdiction, except in an emergency or where otherwise required by law. Confidentiality is required by law when complying with criminal investigations and/or grand jury matters.
4. Costs of Compliance
Certified Hosting will comply with civil subpoenas only upon payment of its expenses, as follows:
Other Costs: as incurred
Compact Disks $10.00/CD/DVD; Portable Media Storage Devices: Actual cost
Mailing/Overnight Delivery: Actual cost
In addition, Certified Hosting reserves the right to charge an administration fee to the affected customer pursuant to Certified’s Hosting Terms and Conditions.
5. 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 in any civil or administrative matter.
6. Release of Customer Information in Other Circumstances
Notwithstanding the foregoing, Certified Hosting reserves the right to disclose customer information when we believe that it is reasonable to do so, in our sole discretion, to:
- Satisfy any legal obligation;
- Operate our services properly;
- Maintain the security of our systems, servers, datacenters, or properties;
- Protect ourselves, our customers, and the general public. We specifically reserve the right to disclose any and all necessary information to law enforcement in the event of ongoing criminal activity involving our system, illegal use of our system, and/or active child exploitation investigations.
Last Revised 03/11/14
Certified Hosting, Inc.