civil subpoena policy
If you seek the identity or account information of a AlohaFX Subscriber in connection with a civil legal matter, you must fax, mail, or serve AlohaFX with a valid subpoena.
#3 Submission of Subpoenas
Bluehost is located in Crestline, CA and all civil subpoenas should be served at that location or mailed or faxed to:
ATTN: Legal Department
23921 Lake Drive #3204
Crestline, CA 92325
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 (951-402-8001). 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, AlohaFX 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, AlohaFX 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.
#4 Fees for Subpoena Compliance
AlohaFX 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 AlohaFX invoice. Checks should be made out to "AlohaFX".
AlohaFX's subpoena compliance costs are as follows:
Any applicable taxes will be charged in addition to the above fees.
Research - $75.00/hour
Federal Express - Cost as Billed
Copies - $.50/page
Compact Discs - $10.00/per CD
#5 Policies Regarding E-mail
AlohaFX 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. AlohaFX'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.
AlohaFX reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the AlohaFX e-mail address is related to the pending litigation and the underlying subpoena.
This file was last modified: July 1, 2015.