LAW ENFORCEMENT FAQ
The purpose of this article is to inform civil and criminal investigators regarding MaxRecall’s policies and procedures for requests for customer information or the removal of content.
What is Hosting and Cloud?
MaxRecall provides its Products over a hosting service maintained in the Cloud through its authorized third party service provider (“Third Party Service Provider”). Hosting is the business of renting servers or server space to customers to run business applications and websites and store data. Hosting providers typically house servers in data centers that are connected to very fast networks.
Cloud Hosting is a type of hosting service in which the resources required to power workloads are spread across multiple servers or virtual machines, allowing for increased scalability (for traffic spikes) and enhanced resilience against service outages.
Who are Resellers and Distributors and how are they involved?
MaxRecall is a Reseller of hosting and Cloud services. In some cases, MaxRecall Third Party Service Provider is twice-removed from the end-user customer relationship. In these situations, MaxRecall is a Reseller, and then the Reseller resells the services to an end-user. In some cases, MaxRecall will “chop up” the Third Party Service Provider’s servers into accounts, and resell each account to a separate end-user individually.
Often, when a server is resold, the Third Party Service Provider does not have access to end-user contact information.
What can MaxRecall DO about Abuse?
MaxRecall can suspend services for some clients when supporting documentation is provided and verified. The suspension will temporarily make content unavailable online, however, the owner of the content is ultimately responsible for removing the offensive material before it is completely gone.
MaxRecall can work with its Third Party Service Provider to coordinate suspension of end user materials.
MaxRecall can provide law enforcement with information when required to do so using a legal order such as a court order or a subpoena.
What is MaxRecall?
MaxRecall provides document management solutions hosted over the Cloud through its Service Provider. MaxRecall’s Service Provider is a cloud infrastructure and hosting provider. The best way to think of what we do is with an analogy: Our Service Providers are the landlords of the internet. MaxRecall rents cloud infrastructure from the Service Provider to run our Products, applications, websites, email systems, and other business workloads. We sub rent the cloud infrastructure and hosting to our customers. As a service provider, we are typically covered by the safe harbor provisions of the DMCA and other laws, as we do not control what our clients use our services for.
What can MaxRecall NOT DO about Abuse?
MaxRecall is NOT the arbiter of customer disputes. Certain requests sent to the abuse team fall well outside the scope and purpose of the abuse department. These requests will be replied to and closed with no further action. Some examples of these cases are:
- Customer service issues between a Service Provider Customer and a MaxRecall client and/ or between a consumer and reseller end-client
- Feedback disagreements left on a B2C site hosted by MaxRecall its Service Provider or Reseller
- Alleged trademark infringement with no legal supporting documentation
Requests for Information by Law Enforcement
MaxRecall will comply with legal requests from US law enforcement. International law enforcement agencies are requested to please contact their US counterparts in order to request information about MaxRecall’s customers from MaxRecall. The following types of information are available for law enforcement:
Contact Information
MaxRecall’s policy is to comply with all legal requests for Account Information within 3 business days when:
- A legal court order or subpoena has been presented
Customer Data
MaxRecall’s policy is to comply with all legal requests for Account Information within 3 business days when:
- A legal court order or subpoena has been presented; and
- MaxRecall has access to the data
Network Data
MaxRecall’s policy is to comply with all legal requests for Network Data within 5 business days when:
- A legal court order or subpoena has been presented; and
- MaxRecall has the requested data
Other requests are handled on a case-by-case basis.
In all cases, MaxRecall will:
- Require a valid of subpoena and court order — our legal team will review all subpoenas and court orders prior to compliance
- Notify our customer of the information request — unless explicitly prohibited from doing so in the order itself, MaxRecall’s policy is to inform all customers of requests for their data prior to providing the data to law enforcement.
How to Submit a Complaint
Via email:
DMCA & Spam e-mail: abuse@maxrecall.com
Legal Subpoena and Court Orders: maxrecall.com/legal