LAW ENFORCEMENT REQUEST & SUBPOENA COMPLIANCE POLICY
The operator of this website (hereinafter “Site”) maintains operational policies protecting user privacy. These polices prohibit the disclosure of certain customer information without the customer’s express consent except as required to comply with a pending criminal investigation, a court order, search warrant, summons, discovery request, subpoena, or other legal process received by Site, from a court of competent jurisdiction. If you require information regarding our customer, or other data in our possession, you must transmit a proper request to our Legal Representative set forth below.
The Site will generally provide only such information as required or permitted by law. Pursuant to the Electronic Communications Privacy Act, 18 U.S.C. § 2701 et seq., the Site is prohibited from providing the contents of stored emails or other electronic communications except under very limited circumstances. Generally a subpoena is required for subscriber information, however for some data, a court order or warrant is necessary. Please review applicable federal law before submitting requests for subscriber information.
Retention of Customer Data
Site does not guarantee the existence, accuracy, or regularity of its storage or backup services. Due to data storage capacity concerns, all content contained on the Site and any archival copy of the same are subject to deletion and destruction at any point. Site will honor a legal preservation request, and undertake its best efforts to preserve data identified in such request, as required by law.
Service of Subpoenas and Other Legal Process
In an effort to cooperate with law enforcement and the judicial system, you may transmit your subpoenas or information requests via facsimile transmission, mail, or personal delivery to the following Legal Representative:
Lawrence G. Walters, Esq.
Walters Law Group
195 W Pine Avenue
Longwood, FL 32750
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 the state of Florida. Please do not send customer service requests, account cancellations, or unrelated documents to our Legal Representative.
Notification to Customers
The Site reserves the right (but does not undertake the obligation) to notify its customer prior to responding to a civil or administrative subpoena and to delay compliance for up to ten (10) calendar days, in order to allow its customer to move to quash the subpoena or obtain a protective order from a court of competent jurisdiction, excepting emergency circumstances or where otherwise required by law. Confidentiality is required by law when complying with criminal investigations and/or grand jury matters.
Costs of Compliance
The Site may condition compliance with civil or administrative subpoenas only upon payment of its expenses, as follows:
Media Storage Devices (e.g. – CD, DVD, portable drives, etc.): Actual cost.
Mailing / Document Delivery: Actual cost.
Other Costs: Rate determined as incurred.
The Site also reserves the right to charge an administration fee to the affected customer, the amount of which is within Site’s sole discretion.
The Site reserves the right to request additional information from any requestor, including without limitation, authenticated copies of court pleadings, to inform the scope of any response, and in order to verify that the Site’s customer information is relevant to the records requested in any civil or administrative matter.
Release of Customer Data in Other Circumstances
Notwithstanding the foregoing, the Site reserves the right to disclose customer information when we, in our sole discretion, believe that it is reasonable to do so. Such circumstances include, but are not limited to the following:
To satisfy any legal obligation;
To identify, contact, bring legal action against, or collect payment from someone who may be violating our Terms & Conditions;
To investigate fraud or deceptive activity;
To maintain the security of our system(s), servers, datacenters, or properties;
To operate our services properly; and
To 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 / human trafficking investigations.
This document prepared by Walters Law Group, www.FirstAmendment.com (© 2015).
All rights reserved.