SUBPOENA
AND COPYRIGHT POLICY
Subpoenas
Generally
Naked
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 Naked Hosting.
If you require information regarding an Naked Hosting customer
you must fax, mail, or serve a valid subpoena on Naked 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.
Naked
Hosting will provide only such information as required or permitted
by law. Pursuant to the Electronic Communications Privacy Act,
18 USC 2701 et, seq., Naked 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. Naked 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. Naked Hosting does not have access to electronic
communications which are downloaded to the customer's computer.
Service
Naked
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 Naked 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
Naked
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. Naked
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, Naked Hosting reserves the right to charge an administration
fee to the customer pursuant to Naked Hosting Terms and Conditions.
Additional
Documentation
Naked
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 Naked 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:
Weston,
Garrou & DeWitt
Attn.: Lawrence G. Walters, Esquire
781 Douglas Avenue
Altamonte Springs, FL 32714-2566
Phone: (407) 975-9150
Fax: (407)774-6151
notice@dmcanotice.com
Larry@LawrenceWalters.com
Please do not
send other inquires or information to our Designated Agent.
NOTICE
AND TAKE DOWN PROCEDURES
Naked Hosting implements the following “notice
and takedown” procedure upon receipt of any notification
of claimed copyright infringement. Naked 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
Naked Hosting to terminate the account of repeat copyright infringers,
when appropriate, and Naked 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”).
Naked 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, Naked 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, Naked 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. Naked
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 12/29/03
Naked Hosting Confidential & Proprietary
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