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
P.O. Box 491
Garden
City, NY 11530-0420
Fax: (631) 980-3713
E-mail: info@TotalHosting.com
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
Federal Express – Cost as Billed
Copies – $.50/page
Compact Discs – $25.00/per CD
Policies Regarding E-mail
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
