Cleahosting is a strong advocate for privacy. As such, and per our Privacy Policy, we cannot and will not share customer or account information without our customer’s express consent except under limited circumstances when required by law or legal process properly served on Cleahosting or one of our affiliates.
If you are seeking such information, here is what you need to know:
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Submission of Subpoenas and Court Orders
You may mail or serve Cleahosting with a valid criminal or civil subpoena or U.S. Court Order as follows:
Service or Mail
Cleahosting Legal Department
4600 East Washington Street
Suite 305
Phoenix, AZ 85034Cleahosting may, at its sole discretion, accept service by email.
Email
Legal@Cleahosting.com -
Criminal Subpoenas
If you seek the identity or account information of a Cleahosting customer in connection with a criminal matter, and you are a member of the law enforcement community, you must mail to or serve Cleahosting, Inc. with a valid U.S. subpoena.
Background Documentation
Cleahosting reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how our customer information is related to the pending litigation and the underlying subpoena.
Notice to Customer and Response Time
Upon the receipt of a valid criminal subpoena, unless the circumstances or subpoena warrant otherwise, Cleahosting may promptly notify the customer whose information is sought via email or U.S. mail. If the circumstances do not amount to an emergency, Cleahosting may not immediately produce the customer information sought by the subpoena and may provide the customer an opportunity to move to challenge the subpoena in court. Cleahosting reserves the right to charge an administration fee to the customer by charging the customer’s Cleahosting account.
Policy Regarding Email
Cleahosting complies with the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., which prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, other than in limited circumstances. Therefore, except as required by an order in accordance with this Act, Cleahosting will not produce the content of email or other electronic communications. Whether or not Cleahosting gives its customer advance notice of any such disclosure will be governed by the terms of the order.
Fees for Subpoena Compliance
Cleahosting reserves the right to charge the person or entity submitting the criminal subpoena for costs associated with subpoena compliance whenever the government agency and/or the nature of the request permits. Payment must be made within thirty (30) days from the date of receipt of the invoice. Checks should be made out to Cleahosting, Inc. Cleahosting reserves the right to require payment prior to the release of the documentation requested.
Cleahosting’s criminal subpoena compliance costs are as follows:
- Research – hourly rate varies per the complexity of the information request and/or management involvement in providing the subpoenaed information
- Federal Express – Cost as Billed
- Copies – $.50/page
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Civil Subpoenas
If you seek the identity or account information of a Cleahosting customer in connection with a civil legal matter, you must mail to or serve Cleahosting, Inc. with a valid subpoena. Valid subpoenas are those issued by (a) any U.S. federal court or (b) the courts of the State of Arizona, or any other State in which Cleahosting has qualified to do business. Cleahosting may waive the requirement and respond to a subpoena issued by a state or local court located outside of Arizona State, or any other State in which we are qualified to do business, in limited circumstances and at its discretion. Cleahosting will not respond to subpoenas, or analogous discovery mechanisms, issued by courts outside of the U.S. due to the inherent difficulties in validation.
Background Documentation
Cleahosting reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the customer information is related to the pending litigation and the underlying subpoena.
Fees for Subpoena Compliance
Cleahosting 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 invoice. Checks should be made out to Cleahosting, Inc. Cleahosting reserves the right to require payment prior to the release of the documentation requested.
Cleahosting’s civil subpoena compliance costs are as follows:
- Research – $150.00/hour
- Federal Express – Cost as Billed
- Copies – $.50/page
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Additional FAQs
A. UDRP COMPLAINTS & PROCEEDINGS
Cleahosting is compliant with the UDRP guidelines set forth by ICANN. Should you file a UDRP related claim, you may submit a copy of the filed claim using the methods described herein to provide Cleahosting with notice of a domain name dispute with one of our customers.
B. NON-U.S. COURT ORDERS & SUBPOENAS
Cleahosting requires that, unless governed by ICANN regulations or other treaties/Acts to which we may be subject, all court orders and/or subpoenas must be issued by a U.S. court or law enforcement entity.
C. CUSTOMERS PROTECTED BY WITHHELD FOR PRIVACY
Cleahosting will not disclose the identity of a customer who is protected by privacy services offered by Cleahosting unless specifically required by U.S. court order, subpoena or other regulation to which we are subject.
D. DO I NEED TO NAME Cleahosting AND/OR WITHHELD FOR PRIVACY IN THE LEGAL ACTION
No, you do not need to name Cleahosting or Withheld for Privacy in a legal action.
Please note that Withheld for Privacy is a third party provider and separate entity from Cleahosting. Withheld for Privacy is a private registration service that is wholly-based in Iceland. It provides privacy services only. This means that it has no control over the domain name, website content and/or other services provided to the customer through Cleahosting. Moreover, based on its design, it does receive nor does it have access to a domain registrant’s information.
E. ACCURACY OF CUSTOMER INFORMATION REQUIRED
While Cleahosting does not require that you list the name of a customer who is protected by Withheld for Privacy in a court order or subpoena, we do require that any details which are set forth in a subpoena or court order must be accurate and specifically identify a customer. This means that, when you have a customer name, it must be the correct customer name associated with a domain or account for us to be able to take action pursuant to the court order/subpoena. It also means that the identifiers must be sufficient to identify a single Cleahosting customer. For this reason, please do not use an IP address as a sole identifier.
F. BANKRUPTCY & RECEIVERSHIPS
If a domain and/or website is subject to a bankruptcy proceeding or receivership, it is important to give Cleahosting notice as soon as possible. Bankruptcy and Receivership Orders must be issued in English and be able to be validated as authentic by Cleahosting. Cleahosting reserves the right to refuse action if the orders are outside of the U.S. and unable to be validated to our satisfaction. Orders must list individually any domain(s) and/or website(s) that are to be separated from other assets and it must state that the Trustee or Receiver has the authority to manage and sell them.
G. SETTLEMENTS & DOMAIN TRANSFERS
In general, customers may privately settle a dispute over a domain/website without Cleahosting’s involvement. A transfer of ownership of such domain/website may be affected by the controlling party through their account panel.
In limited circumstances, parties may request Cleahosting’s assistance in effecting a transfer to a new owner under a settlement agreement. If you are seeking our help, at a minimum we will require a copy of the legal settlement agreement which must:
- Involve litigation;
- Have notarized signatures from both parties;
- Specify the affected domain name(s); and
- Include a statement that the litigation will be dismissed with prejudice.
Further, Cleahosting reserves the right to require an indemnification agreement from one or more parties.
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General
Reservation of Rights
Notwithstanding any of the above, Cleahosting reserves the right to challenge the validity of any subpoena or court order or otherwise move to quash or take such other action to secure an order from the relevant court that Cleahosting is not required to respond to the subpoena or court order.
Modification
Cleahosting reserves the right to modify this policy at any time in its sole and absolute discretion. Such modifications are effective immediately upon posting to this site.
Further Questions & Contact Information
If you have any questions about how Cleahosting deals with subpoenas, court orders or other legal process, please contact us by email or regular mail at the following address:
Cleahosting Legal Department
legal@Cleahosting.com