SkyTechNG Court Order & Subpoena Policy

SkyTechNG 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 SkyTechNG or one of our affiliates.

If you are seeking such information, here is what you need to know:

  1. Submission of Subpoenas and Court Orders

You may mail or serve SkyTechNG with a valid criminal or civil subpoena or U.S. Court Order as follows:

Personal Service or Mail
Suite FT-4, Fourth Floor, Alibro Atrium Plaza, 32 AE Ekukinam Street, Utako District, Abuja – FCT, Nigeria

Email
Legal@skytechng.com

  1. Criminal Subpoenas

If you seek the identity or account information of a SkyTechNG customer in connection with a criminal matter, and you are a member of the law enforcement community, you must mail to or serve SkyTechNG, Inc. with a valid U.S. Or Nigeria subpoena Or other countries where we have offices.

Background Documentation

SkyTechNG 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 otherwise stated in the subpoena, SkyTechNG may promptly notify the customer whose information is sought via email or Courier Service. If the circumstances do not amount to an emergency, SkyTechNG 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. SkyTechNG reserves the right to charge an administration fee to the customer by charging the customer’s SkyTechNG account.

Policy Regarding Email

SkyTechNG 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, SkyTechNG will not produce the content of email or other electronic communications. Whether or not SkyTechNG gives its customer advance notice or not, such disclosure will be governed by the terms of the order.

Fees for Subpoena Compliance

SkyTechNG 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. Cheques should be made out to SkyTechNG, Inc. SkyTechNG reserves the right to require payment prior to the release of the documentation requested.

SkyTechNG’s criminal subpoena compliance costs are as follows:

  • Research – hourly rate varies per the complexity of the information request and/or management involvement in providing the subpoenaed information
  • Federal Express – Cost as Billed
  • Copies – $.50/page
  1. Civil Subpoenas

If you seek the identity or account information of a SkyTechNG customer in connection with a civil legal matter, you must mail to or serve SkyTechNG, Inc. with a valid subpoena. Valid subpoenas are those issued by (a) a Court of competent jurisdiction in Nigeria (b) any U.S. federal court or (b) the courts of the State of California, or (c) any other State/ Country in which SkyTechNG has Office(s). SkyTechNG will not respond to subpoenas, or analogous discovery mechanisms, issued by courts outside of Nigeria, U.S. or where it has office (s) due to the inherent difficulties in validation.

  1. Additional FAQs
  1. UDRP COMPLAINTS & PROCEEDINGS

SkyTechNG 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 SkyTechNG with notice of a domain name dispute with one of our customers.

  1. NON-U.S. COURT ORDERS & SUBPOENAS

SkyTechNG requires that, unless governed by ICANN regulations or other treaties/Acts to which we may be subjected to, all court orders and/or subpoenas must be issued by a U.S. court or law enforcement entity. However, an exception to this rule is provided where subpoena is issued from a country where SkyTechNG has an office (s) situated.

  1. CUSTOMERS PROTECTED BY WHOISGUARD

SkyTechNG will not disclose the identity of a customer who is protected by WhoisGuard unless specifically required by Nigeria, U.S. court order, subpoena or other regulation from other countries to which we are subjected to.

  1. DO I NEED TO NAME CIRCLE ITC AND/OR WHOISGUARD IN THE LEGAL ACTION

No, you do not need to name SkyTechNG or WhoisGuard in a legal action. Please note that WhoisGuard is a third party provider and separate entity from SkyTechNG. WhoisGuard is a private registration service that maintains the privacy of a SkyTechNG customer’s information and it has no control over the domain name, website content and/or other services provided to the customer through SkyTechNG. However, like SkyTechNG, WhoisGuard will comply with any valid Nigeria, U.S or other countries where we have office (s) court order and/or subpoena which is issued as outlined herein.

  1. ACCURACY OF CUSTOMER INFORMATION REQUIRED

While SkyTechNG does not require that you list the name of a customer who is protected by WhoisGuard 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. 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.

  1. BANKRUPTCY & RECEIVERSHIPS

If a domain and/or website is subject to a bankruptcy proceeding or receivership, it is important to give SkyTechNG notice as soon as possible. Bankruptcy and Receivership Orders must be issued in English and be able to be validated as authentic by SkyTechNG. SkyTechNG reserves the right to refuse action if the orders are outside of  Nigeria, U.S. or countries where its office (s) are located 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.

  1. SETTLEMENTS & DOMAIN TRANSFERS

In general, customers may privately settle a dispute over a domain/website without SkyTechNG’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 SkyTechNG’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.

Further, SkyTechNG reserves the right to require an indemnification agreement from one or more parties.

  1. General

Reservation of Rights

Notwithstanding any of the above, SkyTechNG 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 SkyTechNG is not required to respond to the subpoena or court order.

Modification

SkyTechNG 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.

Further Questions & Contact Information

If you have any questions about how SkyTechNG deals with subpoenas, court orders or other legal process, please contact us by email or regular mail at the following address:

SkyTechNG Legal Department
Suite FT-4, Fourth Floor, Alibro Atrium Plaza, 32 AE Ekukinam Street, Utako District, Abuja – FCT, Nigeria

Email
Legal@skytechng.com