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:

Lawrence G. Walters, Esquire
781 Douglas Avenue
Altamonte Springs, FL 32714
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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