If you seek the identity or account information of a Hosting Direct User in connection with a civil legal matter, you must fax, mail, or serve Hosting Direct with a valid subpoena.
Submission of Subpoenas
Hosting Direct is located in Burlington, Massachusetts and all civil subpoenas should be served at that location or mailed or faxed to:
IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER AND/OR FAX (FAX # 781-998-8277). DUE TO THE VAGARIES OF THE INTERNET, AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER AND/OR FAX), WILL HELP ASSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.
Upon the receipt of a validly issued civil subpoena, Hosting Direct 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, Hosting Direct 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
Hosting Direct 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 Hosting Direct invoice. Checks should be made out to Hosting Direct.
Hosting Direct’s subpoena compliance costs are as follows:
Research – $75.00/hour
Federal Express – Cost as Billed
Copies – $.50/page
Compact Discs – $10.00/per CD
Any applicable taxes will be charged in addition to the above fees.
Policies Regarding E-mail
Hosting Direct 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. Hosting Direct’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.
Hosting Direct reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Hosting Direct e-mail address is related to the pending litigation and the underlying subpoena.