Civil Subpoena Policy
If you seek the identity or account information of a HostMonster Subscriber in connection with a civil legal matter, you must fax, mail, or serve HostMonster with a valid subpoena.
Submission of Subpoenas
HostMonster is located in Orem, Utah and all civil subpoenas should be served at that location or mailed or faxed to:HostMonsterATTN: Legal Department
560 E Timpanogos Pkwy.
Orem, UT 84097
Fax: 801-765-1992E-mail: email@example.com
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 # 801-765-1992). 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, HostMonster 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, HostMonster 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
HostMonster 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 HostMonster invoice. Checks should be made out to "HostMonster".
HostMonster'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
HostMonster 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. HostMonster'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.
HostMonster reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the HostMonster e-mail address is related to the pending litigation and the underlying subpoena.
This file was last modified: March 29, 2014.