Legal - Subpoenas

Hostragon is a provider of services centered on the delivery of traditional and on-demand server infrastructure. We do not manage the content or applications hosted on our infrastructure as this is the direct responsibility of our customers, many of whom are, in fact, hosting resellers. It's possible that the information you are requesting belongs to the client of our client or even to a client another tier down.

Civil Subpoena Policy

Hostragon's Privacy Policy prohibits the release of customer or account information without express permission from the customer, except under limited circumstances such as when necessary to comply with ICANN's WHOIS publication requirements or when required to comply with the law or legal process properly served on Hostragon or one of its affiliates.

Criminal Subpoena Policy

Hostragon's Privacy Policy prohibits the release of customer or account information without express permission from the customer, except under limited circumstances such as when required to comply with the law or legal process properly served on Hostragon or one of its affiliates.

If you seek the identity or account information of an Hostragon customer in connection with a criminal matter, and you are a member of the law enforcement community, you must fax, mail, or serve Hostragon with a valid subpoena.

Valid Subpoenas

If you seek the identity or account information of an Hostragon customer in connection with a civil legal matter, you must fax, mail, or serve Hostragon. with a valid subpoena. Valid subpoenas are those issued by (a) any U.S. federal court or (b) the courts of the State of Georgia, or any other State in which Hostragon has qualified to do business. Hostragon may waive the requirement and respond to a subpoena issued by a state or local court located outside of Georgia, or any other State in which Hostragon has qualified to do business in limited circumstances and at its own discretion. Hostragon will not respond to subpoenas, or analogous discovery mechanisms, issued by courts outside of the United States due to the inherent difficulties invalidation.

Background Documentation

Hostragon reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Hostragon customer information is related to the pending litigation and the underlying subpoena.

Notice to Customer and Response Time

Upon the receipt of a valid civil subpoena issued by an appropriate court, Hostragon may promptly notify the customer whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, Hostragon may not immediately produce the customer information sought by the subpoena and may provide the customer an opportunity, within the response time provided by Hostragon in the subpoena, to move to challenge the subpoena in court. Hostragon reserves the right to charge an administration fee to the customer by charging the customer's Hostragon account.

Legal Fees for Subpoena Compliance

Payment must be made to Hostragon by the person or entity submitting the civil subpoena, for costs associated with subpoena compliance prior to the delivery of the subpoenaed information.

Hostragon’s subpoena compliance costs are as follows:

  1. Research: $300.00/hour
  2. Federal Express: cost as Billed
  3. Copies: $.50/page
  4. Digital Storage: $10.00/ per month
  5. Bank Wire Transfer Fees: Court Research Costs
  6. Any applicable taxes to the above fees.

For credit card processing information, please contact legal[at]hostragon.com.

Payments should be made by mailed check to:

    
        NexusPacific
        Attn: Hostragon Web Services
        400 West Peachtree Street
        STE 4 Atlanta, GA 30308
        +1 (678) 909-1850
    

Policy Regarding E-mail or Other Electronic Communications

Except as required by an order in accordance with 18 U.S.C. 2701 et seq. issued by a court of competent jurisdiction, Hostragon will not produce the content of e-mail or other electronic communications.

Reservation of Rights

Notwithstanding any of the above, Hostragon reserves the right to challenge the validity of any subpoena or otherwise move to quash or take such other action to secure an order from the relevant court that Hostragon is not required to respond to the subpoena.

Modification of Policy

Hostragon reserves the right to modify this policy at any time in its sole discretion.