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Civil Subpoena Policy
VIRTBIZ Internet Service's Privacy Policy provides that we will not release account information or information sufficient to identify a subscriber except under certain specific circumstances. Our Privacy Policy states:
" We will not sell, exchange, rent, lease or otherwise disclose your Personal Information to other third-party marketers or any such persons that are not associated with us as an advertiser, sponsor, or promotional partner (collectively "Advertisers") unless it is necessary to 1) conform to regulatory and legal requirements or to comply with legal process, 2) to protect the safety and security of our users, employees, or property, 3) to defend the rights of the Site or the Company, or 4) to enforce the Terms of Service Agreement."
If you seek the identity of or account information about a VIRTBIZ Internet Service subscriber in connection with a civil legal matter, you must serve VIRTBIZ Internet Service with a valid subpoena at the address below and agree to compensate VIRTBIZ Internet Service for our subpoena response services according to the terms of this policy.
Service of Subpoenas.
All civil subpoenas should be directed to one of the custodian of records:
Custodian of Records
VIRTBIZ Internet Services
2805 Canton Street
Dallas TX 75226
Notice to Subscribers and Response Time.
Upon receipt of a valid subpoena, it is VIRTBIZ Internet Service's policy to notify the subscriber whose information is sought via email or U.S. mail. In non-emergency circumstances, VIRTBIZ Internet Service will generally not produce the subpoenaed subscriber's identity information until approximately two weeks after receipt of the subpoena, unless legally required to do so.
Fees for Subpoena Compliance.
VIRTBIZ Internet Service charges the following rates for compliance with civil subpoenas. We will invoice the person or entity submitting the subpoena following receipt and the subpoena proponent must make payment within 30 days from the date of receipt of our invoice. Checks should be made out to the legal entity to which the subpoena was directed (see Service of Subpoenas, above).
VIRTBIZ Internet Service's subpoena compliance fees and charges are as follows:
$75.00 per hour for research (1 hour minimum)
$28.75 per Federal Express
$0.39 cents per copy
Policies Regarding Email.
VIRTBIZ Internet Service is subject to the provisions of the Electronic Communications Privacy Act, 18 U.S.C. ยง2701 et seq, which prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. Furthermore, VIRTBIZ Internet Service's e-mail servers retain e-mail for a period of only approximately 4 days after the e-mail has been read and left on our servers. After that time, the e-mail is automatically deleted. Unread e-mail is preserved on our system for approximately 30 days. If a subscriber deletes any e-mail, that e-mail is automatically deleted from the VIRTBIZ Internet Service email system. In addition, VIRTBIZ Internet Service subscribers may, at their election, download e-mail to their computer. Such e-mail is not preserved on VIRTBIZ Internet Service's e-mail system.
VIRTBIZ Internet Service reserves the right to request a copy of the complaint and any supporting documentation to indicate how VIRTBIZ Internet Service's e-mail address is related to the pending litigation which underlies a subpoena.
OTHER POLICY DOCUMENTS INCLUDED BY OUR TERMS OF SERVICE:
SERVICE LEVEL AGREEMENT | ACCEPTABLE USE POLICY | CIVIL SUBPOENA POLICY | PRIVACY POLICY | INTELLECTUAL PROPERTY RIGHTS POLICY