DATA REQUEST POLICY

Last Updated: December 6th, 2017

  1. Privacy Policy. Please see Arvixe’s Privacy Policy for further information on what type of information Arvixe collects, how it is used and when it may be disclosed. Subject to Arvixe’s Privacy Policy, this Section describes the types of requests for data that Arvixe may receive and how Arvixe may respond to such requests.

  2. Types of Requests. Arvixe accepts the following types of requests concerning Subscriber data:
    1. Data Requests. A data request is a request for information or documents relating to Subscriber accounts in connection with official criminal investigations or other official legal proceedings. Except in limited emergency situations (see below), Arvixe requires data requests to be made through formal U.S. legal process and procedures, and we respond to such requests as required by law. Examples of data requests include:
      1. Subpoenas
      2. Court Orders
      3. Search Warrants
      4. Legal process received from outside the United States may require a Mutual Legal Assistance Treaty (MLAT) with the United States
      5. Other forms of legal process such as Civil Investigative Demands
    2. Preservation Requests. A preservation request asks Arvixe to preserve Subscriber account records in connection with official criminal investigations or other official legal proceedings. Preservation requests must include the following information:
      1. Identification of the account(s) at issue (as further described in Section 4 below);
      2. Identification of the investigating agency and/or specific pending official proceedings (requests must be signed on law enforcement letterhead );
      3. Assurances that the requesting agency or individual is taking steps to obtain appropriate legal process for access to the data that Arvixe is being asked to retain; and
      4. A valid return email address and phone number.
    3. 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 such harm may occur if we do not respond without delay.

  3. Notice to Arvixe Subscribers. Arvixe’s policy is to notify its Subscribers of requests for their data unless Arvixe is prohibited from doing so by statute or court order.

  4. Information to Include in a Request. The following information must be included in a request for Subscriber data:
    1. First and last name of the customer and email address associated with the account; and
    2. Domain name and/or IP address associated with the account.

    Arvixe may not be able to respond to a request without this information.

    Additionally, Arvixe reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the information requested is related to the pending litigation and the underlying subpoena.


  5. Sending a Request to Arvixe. Please use the following contact information to send a Request to Arvixe:

    Arvixe
    ATTN: Legal Department
    1500 N Priest Drive, Suite 200
    Tempe, AZ 85281

    E-mail: legal@arvixe.com
    Fax: 781-998-8277

    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 (Fax: 781-998-8277). 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, WILL HELP ASSURE THAT YOUR NOTICE IS RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.


  6. Fees. Arvixe may seek reimbursement for costs in responding to requests as provided by law and may charge additional fees for costs in responding to unusual or burdensome requests.

  7. Available Information. Depending on the type of formal legal process provided, Arvixe may be able to respond with one or more of the following types of data:
    1. Non-Content. Arvixe will produce non-content information such as basic Subscriber information which may include the following subject to a valid request:
      1. Name
      2. Email addresses
      3. Date and time of account creation
      4. Billing information
      5. IP Logs
    2. Content. Arvixe will only produce Subscriber content (such as website files and email content) pursuant to a valid search warrant from an entity with proper jurisdiction.

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