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
[email protected]
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
