Effective Date: 24/12/2017
WebHost Systems Ltd (“WebHostSystems.net / SpeedoServers.com”) is an excellent advocate for privacy. As such, and per our Privacy Policy, we will never share customers or accounts information without our customer’s express written consent except under limited circumstances when required by law or legal process properly served on WebHost Systems Ltd or one of our branches or affiliates.
If you are seeking detailed information about the policy, here below you can find everything you need to know:
You may mail or serve WebHost Systems Ltd with a valid criminal or civil subpoena or U.K. Court Order as follows:
Service or Mail:
WebHost Systems Ltd Legal Department
101A Bordesley Green
B9 4QP, Birmingham, U.K.
Email:
Legal@WebHostSystems.net
If you seek the identity or account information of a WebHost Systems Ltd customer in connection with a criminal matter, and you are a member of the law enforcement community, you must mail to or serve WebHost Systems Ltd with a valid U.K. or U.S. subpoena.
Background Documentation
WebHost Systems Ltd 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, WebHost Systems Ltd may promptly notify the customer whose information is sought via email or U.K. / U.S. mail. If the circumstances do not amount to an emergency, WebHost Systems Ltd 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. WebHost Systems Ltd reserves the right to charge an administration fee to the customer by charging the customer’s WebHost Systems Ltd account.
Policy Regarding Email
WebHost Systems Ltd complies with the The UK Privacy and Electronic Communications Regulations (PECR) sit alongside the Data Protection Act 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 these Acts, WebHost Systems Ltd will not produce the content of email or other electronic communications. Whether or not WebHost Systems Ltd gives its customer advance notice of any such disclosure will be governed by the terms of the order.
Fees for Subpoena Compliance
WebHost Systems Ltd 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 WebHost Systems Ltd. WebHost Systems Ltd reserves the right to require payment prior to the release of the documentation requested.
WebHost Systems’s criminal subpoena compliance costs are as follows:
If you seek the identity or account information of a WebHost Systems Ltd customer in connection with a civil legal matter, you must mail to or serve WebHost Systems Ltd with a valid subpoena. Valid subpoenas are those issued by (a) any U.K. court or U.S. federal court, or any other State in which WebHost Systems Ltd has qualified to do business. WebHost Systems Ltd may waive the requirement and respond to a subpoena issued by a state or local court located outside of U.K. or any other State in which we are qualified to do business, in limited circumstances and at its discretion. WebHost Systems Ltd will not respond to subpoenas, or analogous discovery mechanisms, issued by courts outside of the U.K. and Northern Ireland due to the inherent difficulties in validation.
Background Documentation
WebHost Systems Ltdreserves 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.
Notice to Customer and Response Time
Upon the receipt of a valid civil subpoena, WebHost Systems Ltd will promptly notify the customer whose information is sought via email or UK’a Royal Mail. If the circumstances do not amount to an emergency, WebHost Systems Ltd will not immediately produce the customer information sought by the subpoena and will provide the customer an opportunity to move to quash the subpoena in court. WebHost Systems Ltd reserves the right to charge an administration fee to the customer by charging the customer’s WebHost Systems Ltd account.
Fees for Subpoena Compliance
WebHost Systems Ltd 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. Payments or Checks should be made out to WebHost Systems Ltd.
WebHost Systems Ltd reserves the right to require payment prior to the release of the documentation requested.
WebHost Systems’s civil subpoena compliance costs are as follows:
A. UDRP COMPLAINTS & PROCEEDINGS
WebHost Systems Ltd 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 WebHost Systems Ltd with notice of a domain name dispute with one of our customers.
B. NON-U.S. COURT ORDERS & SUBPOENAS
WebHost Systems Ltd 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.K. or U.S. court or law enforcement entity.
C. CUSTOMERS PROTECTED BY WHOISGUARD
WebHost Systems Ltd will not disclose the identity of a customer who is protected by WhoisGuard unless specifically required by U.K. or U.S. court order, subpoena or other regulation to which we are subject.
D. DO I NEED TO NAME WEBHOST SYSTEMS LTD AND/OR WHOISGUARD IN THE LEGAL ACTION
No, you do not need to name WebHost Systems Ltd or WhoisGuard in a legal action. Please note that WhoisGuard is a third party provider and separate entity from WebHost Systems Ltd. WhoisGuard is a private registration service that maintains the privacy of a WebHost Systems Ltd customer’s information and it has no control over the domain name, website content and/or other services provided to the customer through WebHost Systems Ltd. However, like WebHost Systems Ltd, WhoisGuard will comply with any valid U.K. court order and/or subpoena which is issued as outlined herein.
E. ACCURACY OF CUSTOMER INFORMATION REQUIRED
While WebHost Systems Ltd does not require that you list the name of a customer who is protected by WhoisGuard 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. 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.
F. BANKRUPTCY & RECEIVERSHIPS
If a domain and/or website is subject to a bankruptcy proceeding or receivership, it is important to give WebHost Systems Ltd notice as soon as possible. Bankruptcy and Receivership Orders must be issued in English and be able to be validated as authentic by WebHost Systems Ltd.
WebHost Systems Ltd reserves the right to refuse action if the orders are outside of the U.K. 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 WebHost Systems’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 WebHost Systems’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:
Further, WebHost Systems Ltd reserves the right to require an indemnification agreement from one or more parties.
Reservation of Rights
Notwithstanding any of the above, WebHost Systems Ltd 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 WebHost Systems Ltd is not required to respond to the subpoena or court order.
Modification
WebHost Systems Ltd reserves the right to modify this policy at any time in its sole and absolute discretion. Such modifications are effective immediately upon posting them to this website (“WebHostSystems.net and/or SpeedoServers.com”).
Further Questions & Contact Information
If you have any questions about how WebHost Systems Ltd deals with subpoenas, court orders or other legal process, please contact us by email or regular mail at the following address:
WebHost Systems Ltd Legal Department
101A Bordesley Green
B9 4QP, Birmingham, West Midlands, U.K.
Legal@WebHostSystems.net
Last revised: December 18, 2018
WEBHOST SYSTEMS LTD