Open Metal, Inc.
Global Law Enforcement/Government Guide
Last Updated: January 1, 2023
Open Metal, Inc. (“Company”) is a United States privately owned business, providing online cloud and related products and services to individuals and businesses. Company strives to assist the law enforcement community while protecting the rights and privacy of its customers. Company is required to comply with the state and federal statutes and laws when providing customer data.
This guide outlines Company’s process, requirements and cost regarding the submission of legal requests (i.e., validly issued preservation requests, warrants, subpoenas and/or court orders). This guide is provided to the law enforcement community for informational purposes only and Company reserves the right to modify this information in its sole discretion without notice. Subject to any rule, regulation and/or law or as determined by Company, in its sole discretion, Company reserves the right to seek clarification from, respond and/or object to any request.
Submission Process: Company’s Legal Department is responsible for receiving and processing preservation requests, warrants, subpoenas and/or court orders from the relevant law enforcement agency (LEA). This Department will identify the relevant information requested within scope and send the information directly back to the requesting LEA. Requests can be submitted via the automated form below or by sending the request by mail or email as set forth below.
| Mailing Address: | Open Metal, Inc. Attn: Legal Department (LEA Request) 555 S. Independence Blvd. Virginia Beach, VA 23452 |
| Hours of Operation: | 9:00 a.m.– 6:00 p.m. Eastern Time |
| Email: | legal@openmetal.io |
By submitting a request you agree to the terms of the Privacy Policy regarding your personally identifiable information.
Service of Process: Company accepts service of validly issued preservation requests, warrants, subpoenas and/or court orders. Company only accepts physical personal service at the address listed above.
Restrictions: Expedited requests will not be processed unless the appropriate fee are pre-paid. Notice will be provided if hourly charges apply, and upon request a fees/costs estimate may be provided.
International Requests: Subject to validation or United States law, Company will comply with all applicable laws, treaties and conventions regarding provision of customer information to non-U.S. law enforcement agencies. All requests must be translated into the English language and follow the appropriate protocols as stated in this guide. If the request is not translated into English (with proof of valid translation) it will not be processed.
Electronic Submissions: Electronic requests may be submitted by completing the form below. All requested information must be submitted in writing only. Copies of accompanying “paper” legal documentation can be attached to the request. Alternatively, a legal request may be emailed to legal@openmetal.io. Copies of accompanying “paper” legal documentation should be attached to the email request.
Physical “Paper” Submissions: Physical “paper” submissions may be submitted to the mailing address listed above.
Requirement for Court Order or Warrant: Except as provided in 18 U.S.C. § 2703, content of communications may not be provided without a validly issued court order or warrant.
Response Time: Valid requests are handled in the order received, subject to pending expedited requests. Responsive information is generally provided within ten (10) business days or on/before the time set forth in the request. Expedited responses for information, if resources permit, are generally provided within three (3) business days of the payment of the requisite expedite fees. If no time zone is specified in the request, Eastern Standard Time will be applied.
Questions: During Company’s business hours (9 a.m. to 6 p.m. Eastern Standard Time), all questions should be directed to legal@openmetal.io.
Status Requests: For security reasons, all status requests must be submitted in writing along with either a physical or digitized copy of the initial request. You may email a copy of your original request with a cover page asking for the status to legal@openmetal.io.
Requested Records: For timely processing, all requested information must be submitted in accordance with the following:
Submit validly issued “paper” or electronic preservation request, warrant, subpoena or court order. For security reasons, all questions must be submitted in writing along with a copy of the request. Except as provided in Title 18 U.S.C. § 2703, the Company may not provide content of communications without a court order or warrant. The following lists examples of the different types of requests that can be submitted:
- Court Order or Search Warrant (both signed by a Judge)
- Pen Register/Trap and Trace Device
- Interception of Email Communications
- Preservation Request/Backup Preservation Request
- Child Exploitation
- Emergency Disclosure
- Foreign Intelligence Surveillance Act of 1978
- Grand Jury, Trial or Statutorily Authorized Administrative Subpoena
- Judicial Summons
- National Security Letters
While Company may be obligated to respond to legal requests for certain information, Company may not release requested materials with a request as non-specific and broad as “any and all information.” When Company receives such requests, it will limit its response to the information required to fulfill the specific request, as determined by Company in its sole discretion. As such, each request should be as specific as possible with respect to the information sought.
Company Cost Reimbursement: According to Title 18 U.S.C. § 2510 and/or other state or federal laws, Company is entitled to seek reimbursement for processing and responding to all requests as permitted by law. Below is Company’s initial minimum reimbursement cost estimate(s), along with a fees schedule. Subject to the time needed to process the request (which will cause disruption of Company’s normal operations), the requestor will be notified if additional charges will apply. Company also reserves the right to seek enforcement of charges, including the cost of collection and attorney’s fees.
Minimum Processing Fee (in electronic format delivery only): $250.00 (includes basic customer information (e.g., name, address, telephone number, email, and payment history) for one (1) customer account or one (1) IP address and up to 500GB of any related captured customer data (e.g., customer email, files, logs)). All amounts are in U.S. dollars (USD).
| Legal Process Request | Reimbursement Cost |
| Electronic Format Delivery | |
| Minimum Processing Fee | $250.00 |
| Per account for basic information | $50.00 |
| Per account to include correspondence with Company | $150.00 |
| Per account for captured data – up to 500GB | $250.00 |
| $75.00 per GB |
Data Storage Fee: (Applied for Data Preservations made prior to Subpoena/Search Warrant/Court Order) | $75.00 – Initial
|
| $75.00 per extension request |
| Physical “Paper” Format Delivery (Amounts below do not include costs for processing of request (see above)) | |
| Paper copy(ies) of document(s) – exceeding 10 pages | $0.45 per page |
| HDD (up to 1TB) | $175.00 per HDD |
| Express Mail (Documents only, up to 20 pages) (3-5 days) | $50.00 |
| Express Mail (Documents only, 20+ pages) (3-5 days) | $75.00 |
| Express Mail (Documents and HDD) (3-5 days) | $100.00 |
| Expedited handling fee | $250.00 |
| Express delivery – Documents only (Next day) | $100.00 – additional to regular shipping |
| Express delivery – Documents and HDD (Next day) | $200.00 – additional to regular shipping |
| Pen Register – Trap and Trace | |
| Pen Register/Trap and Trace – Initial Request | $1,750.00 |
| Pen Register/Trap and Trace – Renewal | $1,500.00 |
| Pen Register/Trap and Trace – Monthly Fee | $450.00 |
Payment Methods: Company accepts payments by cashier’s check and credit cards (which will include a 5% administrative fee). When making a payment, please include the invoice number with the payment. For check payments, please make the check payable and send to the address listed above. For credit card payments, please complete and return the CREDIT CARD AUTHORIZATION FORM which will accompany the invoice email.
Law Notice Form
Do not send your request to abuse@openmetal.io, please send to legal@openmetal.io. Use of the wrong email address will result in delays in responding to your request.