FOS Hosting Subpoena and Data Request Policy

Last Updated: April 15, 2024

1. FOS Hosting is a provider of IT hosting services, and as such, we do not manage the data, content, or applications hosted from our infrastructure. Our customers are in possession, custody, and control of the data stored on the hosted system.
2. Privacy Policy. Please see FOS Hosting’s Privacy Policy for further information on what information FOS Hosting collects, how it is used, and when it might be disclosed. Subject to FOS Hosting’s Privacy Policy, this Subpoena and Data Request Policy describes the types of subpoenas and data requests that FOS Hosting might receive and how FOS Hosting may respond to those requests.
3. Type of Requests. FOS Hosting may receive the following types of requests concerning its Customers:
   • Data Requests. A data request is a request for information or documents relating to Customer accounts for official criminal investigations or other legal proceedings. Except in limited emergency situations (see below), FOS Hosting requires data requests to be made through formal US legal process and procedures, and we will handle those requests in accordance with applicable law. Examples of acceptable data requests include:
     • Subpoenas
     • Court Orders
       • Search Warrants
       • Legal process received from outside the United States might require a Mutual Legal Assistance Treaty (MLAT) with the United States
       • Other forms of legal process including Civil Investigation Demands
     • Preservation Requests. A preservation request asks FOS Hosting to preserve Customer account records for official criminal investigations or other official legal proceedings. Preservation requests must include the following information:
       • Identification of the account(s) at issue (as further described in section 5.1 below);
       • Identification of the investigating agency or specific pending official proceedings (requests must be signed on law enforcement letterhead);
       • Assurances that the requesting agency or individual is taking steps to obtain appropriate legal process for access to the data that FOS Hosting is being asked to preserve; and
       • A valid return email address and phone number.
     • Emergency Requests. An emergency request is only appropriate in cases involving imminent serious bodily harm or death. We respond to emergency requests when we believe in good faith that the harm may occur if we do not respond without delay.
     • Disclosure of Non-Public Domain Registrant Information. As the sponsoring registrar or reseller of certain domain names governed by the Internet Corporation for Assigned Names and Numbers (“ICANN”), FOS Hosting must permit third pares with a legitimate interest to access masked (non-public) registrant information subject to the data subject’s rights under the General Data Protection Regulation (“GDPR”) or other similar privacy laws.

4. Noce to FOS Hosting Customers. FOS Hosting’s policy is to notify its Customers of requests for their data unless FOS Hosting is prohibited from doing so by law or court order.
5. Making the Request.
   • Information to Include in a Request. The following information must be included in a request for Customer data:
     • First and last name of the customer and email address associated with the account; and
     • Domain name or IP address or both associated with the account.

Note: A request that only includes an IP address might be overly broad and insufficient for FOS Hosting to locate a Customer account. Please include additional identifiers including domain name or username whenever possible.

FOS Hosting might not be able to respond to a request without this information.

Additionally, FOS Hosting reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the information requested is related to any pending litigation, formal legal proceeding, or investigation.

• Sending a Request to FOS Hosting. All data requests should be sent to:

FOS Hosting LLC Attn:
Legal Department
11718 S Federal Hwy 236

Hobe Sound FL 33455

Email: support@foshosting.com

Important Note: If you send us a notice of any kind by email and do not receive a response from FOS Hosting, please submit a duplicate copy by mail. Due to the vagaries of the internet and email communication in particular, including the occasional unintended effects of spam filters, sending an alternate form of notice will help assure that your notice is received by FOS Hosting and immediately acted on.

6. Responding to the Request.
   • As provided by law, FOS Hosting may seek reimbursement for costs in responding to requests and may charge additional fees for costs in responding to unusual or burdensome requests, including legal fees.
   • Available Information. Subject to receiving a valid request, FOS Hosting may provide data as follows:
     • Non-Content. FOS Hosting will produce non-content information including basic Customer information that may include the following:
       • Name
       • Email addresses
       • Date and me of account creation
       • Billing information
       • IP Logs
     • FOS Hosting will only produce Customer content (including website files and email content) under a valid search warrant from an entity with proper jurisdiction.
   • FOS Hosting records are authenticated under law and should not require the testimony of a records custodian. If a special form of certification is required, please attach it to your request.