| Civil Subpoena Policy |
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Civil Subpoena Policy
Total Hosting's Privacy Policy prohibits the release of User or account information except in limited circumstances, including with express permission from the User, as and when required or permitted by law, to conform to the edicts of the law, or to comply with legal process properly served on Total Hosting or one of its affiliates. If you seek the identity or account information of a Total Hosting User in connection with a civil legal matter, you must fax, mail, or serve Total Hosting with a valid subpoena. Submission of Subpoenas Total Hosting is located in Garden City, New York and all civil subpoenas should be mailed or faxed to:
Total
Hosting Upon the receipt of a validly issued civil subpoena, Total Hosting will promptly notify the User whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, Total Hosting will not immediately produce the User's information sought by the subpoena and will provide the User an opportunity to move to quash the subpoena in court. Fees for Subpoena Compliance Total Hosting will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the Total Hosting invoice. Checks should be made out to Total Hosting. Total Hosting's subpoena compliance costs are as follows:
Research - $100.00/hour Total Hosting will not produce the content of e-mail, as 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 pursuant to subpoena or court order, except in limited circumstances. Total Hosting's e-mail servers do not retain deleted or sent e-mail. However, deleted e-mail may be recoverable from back-up servers for a limited time. Total Hosting reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Total Hosting e-mail address is related to the pending litigation and the underlying subpoena. Revised: August 2008
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