Subpoena Response Policy
HAProxy Technologies, LLC.
HAProxy Technologies respects the privacy of its customers. In accordance with relevant laws, HAProxy’s policy prohibits the release of customer or account information except when required by law or in compliance with legal process served on HAProxy and/or its affiliated entities. HAProxy is located in Newton, Massachusetts and all subpoenas should be served at the location set forth below.
Service of Subpoena, Warrant or Court Order
If you seek identity or account information of a HAProxy customer in connection with: a) a civil matter or b) a criminal matter (if you are a member of law enforcement or governmental agency), you may mail, email HAProxy with a valid subpoena, warrant or court order to:
HAProxy Technologies, LLC.
Attn: Compliance Department
1001 Watertown St, Suite 201B
Newton, MA 02465, United States
HAProxy reserves the right to not accept service by email and require formal service at the above address. In such event the requesting agency or party will be notified within one business day of the requirement for formal service. HAProxy’s acceptance of service by e-mail is deemed proper service and customer shall have no claim against HAProxy based upon HAProxy’s agreement to accept service in accordance with this policy.
Customer Notification and Compliance
Upon receipt of the valid subpoena, warrant or court order, HAProxy shall promptly notify its customer via mail or e-mail unless specifically prohibited from doing so pursuant to the subpoena, warrant or court order. Unless the subpoena, warrant or court order specifically and clearly indicate urgency of the request, or circumstances surrounding such request indicate an emergency, HAProxy shall not immediately produce the requested information and customer shall have ten (10) business days to quash the subpoena or warrant in court or take other legal action.
HAProxy reserves the right (but is not obligated) to challenge the validity of any subpoena, warrant or court order, and/or the service thereof, or take such legal action to move to quash or obtain court order relieving HAProxy of its obligation to respond.
In the event that the customer does not take action to quash the subpoena, warrant or court order within ten (10) business days and HAProxy does not otherwise oppose the subpoena, warrant or court order, then HAProxy will comply with the subpoena, warrant or court order as set forth below.
With respect to civil legal action (and not a criminal subpoena or warrant), by making the subpoena, warrant or court order request, you agree to pay HAProxy the following costs associated with HAProxy’s compliance:
Research – $75 per hour
Mail/Overnight Delivery – Billed at Actual Cost
Copies/Materials (i.e. paper copies, disc, thumb drive, etc.) – Billed at Actual Cost
HAProxy reserves the right to require advance payment based upon reasonable estimate of the necessary compliance costs.
Compliance costs for criminal subpoenas or warrants will be charged to the requesting agency to the extent allowed by law.
Checks should be made payable to HAProxy Technologies, LLC. and mailed to the address listed above. HAProxy further reserves the right to charge customer (and customer agrees to pay) the above stated fees in connection with such notice and compliance procedures for criminal subpoena, warrant or court order to the extent the costs of compliance are not paid by the requesting agency.
Additional Documentation and Response
Customer understands that HAProxy does not render legal advice nor legal services in connection with any such subpoena, warrant or court order and customer must consult with an attorney of its own choosing in connection therewith. HAProxy reserves the right to request a copy of the relevant complaint and/or supporting documentation evidencing the relevance of the information requested to the legal action and underlying subpoena, warrant or court order.
Notwithstanding anything contained herein, HAProxy reserves the right to disclose customer information to the extent HAProxy deems it reasonable to do so, in its sole and exclusive discretion, in connection with: a) customer’s violation of any HAProxy agreement or policy, and/or b) operational security of HAProxy’s (and/or its customers’) networks, products, services or web properties and/or c) satisfaction of any other legal obligation.
Customer E-Mails and Chat Logs
HAProxy does not, in the ordinary course of business, retain customer e-mails and/or chat logs. Furthermore, upon termination of services for a customer or web property, because of data storage capacity constraints, HAProxy permanently deletes any data stored in connection with such customer or web property. Therefore, HAProxy encourages any individual or agency seeking such information to make such request directly from the relevant customer.
To the extent that any customer e-mail and/or chat log data may exist, HAProxy will not release the contents of such date, even if locatable, except in circumstances specifically provided for pursuant to the Stored Communications Act, 18 U.S.C. § 2701 et seq.
HAProxy reserves the right to request a copy of the relevant complaint and/or supporting documentation evidencing the relevance of the information requested to the legal action and underlying subpoena.
HAProxy reserves the right to modify the above stated policy at any time in its sole and exclusive discretion.