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:
Naked Hosting
c/o Legal compliance
4601 W. Sahara
Suite L
Las Vegas, NV 89102
Service by facsimile should be to the following number:
909.370.1898
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
455 Douglas Avenue, Suite 2155-31,
Altamonte Springs, FL 32714
Phone: (407) 788-7337
Fax: (407) 774-6151
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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