LAW ENFORCEMENT / SUBPOENA
Law Enforcement Guide
HMEDIA ADS policies prohibit the disclosure of customer or advertiser information without the customer/advertiser’s express consent except as required to comply with a pending criminal investigation, a court order, search warrant, discovery request, subpoena, or other legal process served on HMEDIA ADS. If you require information from HMEDIA ADS you must transmit a proper request to our subpoena compliance representative set forth below.
PROPER SERVICE OF PROCESS FOR SUBPOENAS: legal@hotmasseur.com
- IF THERE IS A HUMAN TRAFFICKING EMERGENCY SITUATION AND INFORMATION IS REQUIRED IMMEDIATELY, PLEASE CONTACT Legal at either: legal@hotmasseur.com Please write “HOTMASSEUR - SUBPOENA” in the subject line to ensure quick response.
- We reserve the right to require formal service of process in any given case. Nothing contained herein shall constitute a waiver of service of process or consent to jurisdiction by the courts outside of the Czech Republic, city of Prague.
- In addition, HMEDIA ADS reserves the right to charge a reasonable administration fee related to the amount of documents or material subpoenaed.
Subpoena Compliance Policy
Last Modified: August 1, 2016
HotMasseur.com (hereinafter "HotMasseur") maintains operational policies prohibiting the disclosure of customer information without the customer's express consent except as required to comply with a pending criminal investigation, a court order, search warrant, summons, discovery request, subpoena, or other legal process served on HotMasseur. If you require information regarding a HotMasseur customer you must transmit a proper request to our subpoena compliance representative set forth below.
HotMasseur will provide only such information as required or permitted by law. Pursuant to the Electronic Communications Privacy Act, 18 U.S.C. § 2701 et. seq., HotMasseur is prohibited from providing the contents of emails or other electronic communications except under very limited circumstances. Generally a subpoena is required, however for some information a court order or warrant is necessary. Please review applicable federal law before submitting requests for subscriber information.
Retention of Customer Data
HotMasseur does not guarantee the existence, accuracy, or regularity of its storage or backup services. Due to data storage capacity concerns, all content contained on HotMasseur.com and any archival copy of the same are subject to deletion and destruction at any point. This material is permanently and irrevocably deleted and such files can thereafter no longer be recovered under any circumstances. In the event of receipt of a legal preservation request, HotMasseur will undertake its best efforts to preserve the data identified in such request, to the extent required by law.
Service of Subpoenas and Other Legal Process
In an effort to cooperate with law enforcement and the judicial system, you may transmit your information requests via mail, fax, or personal delivery to the following: legal@hotmasseur.com
Due to the risk of transmission failure, do not send subpoenas or other court papers by email to our legal representative
We reserve the right to require formal service of process in any given case. Nothing contained herein shall constitute a waiver of service of process or consent to jurisdiction of the courts and/or legal system in any particular state or nation.
Notification to Customers
HotMasseur reserves the right, but does not undertake the obligation, to notify its customer prior to responding to a civil or administrative subpoena and to delay compliance for up to ten (10) calendar days, in order to allow its customer to move to quash the subpoena or obtain a protective order from a court of competent jurisdiction, excepting emergency circumstances or where otherwise required by law. Confidentiality is required by law when complying with criminal investigations and/or grand jury matters.
Costs of Compliance
HotMasseur may condition compliance with such subpoenas only upon payment of its expenses, as follows:
Research: $75.00/hour
Copies: $0.25/page
Media Storage Devices (e.g. - CD, DVD, portable drives, etc.): Actual cost
Mailing/Document Delivery: Actual cost
Other Costs: Rate determined as incurred
HotMasseur also reserves the right to charge an administration fee to the affected customer, the amount of which is within HotMasseur's sole discretion.
Additional Documentation
HotMasseur reserves the right to request additional information from you, including without limitation, authenticated copies of court pleadings, in order to verify that the HotMasseur customer information is relevant to the records requested in any civil or administrative matter.
Release of Customer Data in Other Circumstances
Notwithstanding the foregoing, HotMasseur reserves the right to disclose customer information when, in its sole discretion, believes that it is reasonable to do so. Such circumstances include, but are not limited to the following:
- Satisfy any legal obligation;
- Identify, contact, bring legal action against, or collect payment from someone who may be violating the user terms of service, or any of the policies governing the use of HotMasseur;
- Investigate fraud;
- Maintain the security of the HotMasseur.com system(s), servers, datacenters, and/or properties;
- Operate the HotMasseur.com services properly; and
- Protect the HotMasseur corporate entity, HotMasseur.com customers, and the general public. HotMasseur specifically reserves the right to disclose any and all necessary information to law enforcement in the event of ongoing criminal activity involving or illegal use of its system, and/or active child exploitation investigations.