MaxMite Court Order & Subpoena Policy

MaxMite is a strong advocate for privacy. As such, and per our Privacy Policy, we cannot and will not share customer or account information without our customer’s express consent except under limited circumstances when required by law or legal process properly served on MaxMite or one of our affiliates.

Criminal Subpoenas

If you seek the identity or account information of a MaxMite customer in connection with a criminal matter, and you are a member of the law enforcement community, you must mail to or serve MaxMite, Inc. with a valid U.S. subpoena.

Background Documentation
MaxMite reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how our customer information is related to the pending litigation and the underlying subpoena.

Notice to Customer and Response Time
Upon the receipt of a valid criminal subpoena, unless the circumstances or subpoena warrant otherwise, MaxMite may promptly notify the customer whose information is sought via email or U.S. mail. If the circumstances do not amount to an emergency, MaxMite may not immediately produce the customer information sought by the subpoena and may provide the customer an opportunity to move to challenge the subpoena in court. MaxMite reserves the right to charge an administration fee to the customer by charging the customer’s MaxMite account.

Policy Regarding Email
MaxMite complies with the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., which prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, other than in limited circumstances. Therefore, except as required by an order in accordance with this Act, MaxMite will not produce the content of email or other electronic communications. Whether or not MaxMite gives its customer advance notice of any such disclosure will be governed by the terms of the order.

Fees for Subpoena Compliance
MaxMite reserves the right to charge the person or entity submitting the criminal subpoena for costs associated with subpoena compliance whenever the government agency and/or the nature of the request permits. Payment must be made within thirty (30) days from the date of receipt of the invoice. Checks should be made out to MaxMite, Inc. MaxMite reserves the right to require payment prior to the release of the documentation requested.

Additional FAQs

A. UDRP COMPLAINTS & PROCEEDINGS
MaxMite is compliant with the UDRP guidelines set forth by ICANN. Should you file a UDRP related claim, you may submit a copy of the filed claim using the methods described herein to provide MaxMite with notice of a domain name dispute with one of our customers.

B. CUSTOMERS PROTECTED BY WITHHELD FOR PRIVACY
MaxMite will not disclose the identity of a customer who is protected by privacy services offered by MaxMite unless specifically required by indian court order, subpoena or other regulation to which we are subject.

C. DO I NEED TO NAME MaxMite AND/OR WITHHELD FOR PRIVACY IN THE LEGAL ACTION
No, you do not need to name MaxMite or Withheld for Privacy in a legal action.

Please note that Withheld for Privacy is a third party provider and separate entity from MaxMite. Withheld for Privacy is a private registration service that is wholly-based in Iceland. It provides privacy services only. This means that it has no control over the domain name, website content and/or other services provided to the customer through MaxMite. Moreover, based on its design, it does receive nor does it have access to a domain registrant’s information.

D. ACCURACY OF CUSTOMER INFORMATION REQUIRED
While MaxMite does not require that you list the name of a customer who is protected by Withheld for Privacy in a court order or subpoena, we do require that any details which are set forth in a subpoena or court order must be accurate and specifically identify a customer. This means that, when you have a customer name, it must be the correct customer name associated with a domain or account for us to be able to take action pursuant to the court order/subpoena. It also means that the identifiers must be sufficient to identify a single MaxMite customer. For this reason, please do not use an IP address as a sole identifier.

E. BANKRUPTCY & RECEIVERSHIPS
If a domain and/or website is subject to a bankruptcy proceeding or receivership, it is important to give MaxMite notice as soon as possible. Bankruptcy and Receivership Orders must be issued in English and be able to be validated as authentic by MaxMite. MaxMite reserves the right to refuse action if the orders are outside of the U.S. and unable to be validated to our satisfaction. Orders must list individually any domain(s) and/or website(s) that are to be separated from other assets and it must state that the Trustee or Receiver has the authority to manage and sell them.

F. SETTLEMENTS & DOMAIN TRANSFERS
In general, customers may privately settle a dispute over a domain/website without MaxMite’s involvement. A transfer of ownership of such domain/website may be affected by the controlling party through their account panel.

In limited circumstances, parties may request MaxMite’s assistance in effecting a transfer to a new owner under a settlement agreement. If you are seeking our help, at a minimum we will require a copy of the legal settlement agreement which must:

  • Involve litigation;

  • Have notarized signatures from both parties;

  • Specify the affected domain name(s); and

  • Include a statement that the litigation will be dismissed with prejudice.

General

Reservation of Rights
Notwithstanding any of the above, MaxMite reserves the right to challenge the validity of any subpoena or court order or otherwise move to quash or take such other action to secure an order from the relevant court that MaxMite is not required to respond to the subpoena or court order.

Modification
MaxMite reserves the right to modify this policy at any time in its sole and absolute discretion. Such modifications are effective immediately upon posting to this site.