Legal Response Guidelines

Kinetic’s Law Enforcement Support Center assist law enforcement agencies in their investigations while protecting subscriber privacy as required by law and applicable privacy policies. The main federal statutes that Kinetic must conform to when releasing subscriber information are: The Cable Communications Policy Act of 1984 (47 U.S.C. § 551); The Electronic Communications Privacy Act (18 U.S.C. §§ 2510-2522, 2701-2712, 3121-3127); Communications Assistance for Law Enforcement Act (47 U.S.C. §§ 1001-1010); the Telecommunications Act of 1996 (particularly, 47 U.S.C. § 222 pertaining to customer proprietary network information or CPNI) and Stored Communications Act (“SCA”), 18 U.S.C Sections 2701-2712. Kinetic also complies with all applicable state and federal laws.

Kinetic's Privacy Policy and Law Enforcement Disclosures

Kinetic’s network management practices are designed to provide the best possible online experience to its customers. To that end, Kinetic monitors traffic flows between points within its network and between its network and locations on the Internet for purposes of providing security for its customers, planning for future needs, and ensuring that its network runs efficiently. Monitored information includes the amount of data sent to and from your connection, the source and destination of the data, and the type, but not the contents of information sent and received. In limited circumstances, Kinetic may also investigate the contents of the information to determine whether it is malicious in nature (such as a virus, spam, worm, etc.) or when required by law to comply with judicial orders or regulations. Kinetic cares deeply about the privacy of our subscribers’ information and will protect the privacy of our subscribers even while working with law enforcement to prevent criminal activity. For more information about Kinetic’s Privacy Policy, please visit /about/legal/Privacy-Policy , which provides details on how Kinetic protects its customers’ Personally Identifiable Information (“PII”) from inappropriate use. See: The Acceptable Use Policy.

Service of Process

Uniti Group Inc./Windstream Services, LLC, uses Corporation Service Company (CSC) as its registered agent. CSC accepts submission of legal requests for criminal and civil matters (example: subpoena, court order, search warrant). Please check your Secretary of State website for the correct CSC address to send the legal request. CSC can accept legal requests via email in some states. The email address to send legal request can be sent to [email protected]. If you have questions about CSC, they can be reached at 866-403-5272. Otherwise, please call Uniti LESC at 877-999-7705 ext. 1 for any questions you may have or email us at [email protected]

Steps for emailing SOP to CSC as the registered agent for Uniti:

Convert SOP to an electronic PDF. Only attach 1 PDF per email. All pages of the service should be included in that single PDF.

1) Create an email for each service. Attach the PDF to the email.

**The PDF cannot be encrypted, or password protected.**

2) Email the document to [email protected]

**This mailbox is automated**

The email subject line should be formatted as:

“Uniti Group – Electronic Service of Process”

Please include the following information in the email:

• Name of formal legal entity served

• State served

Emergency Requests

The EXIGENT on-call number 501-748-7364, is monitored 24x7x365 for Law Enforcement Exigent Circumstances Only, in responding to matters involving imminent harm to a child, risk of death, or serious physical injury to any person and requiring disclosure of information without delay. This number should not be used for status requests or questions about Kinetic response. A Law Enforcement Official may submit an exigent request through the Exigent Online Request Portal. Note: Kinetic will not review or respond to exigent requests submitted by non-law enforcement officials. Customers aware of an emergency/exigent situation should immediately and directly contact law enforcement officials.

Account Identifiers

When seeking customer information, please provide as much of the following information as possible. Examples below:

Telephone Request

• Target telephone number.

• The date and time of incident

IP Request

• Targeted IP address

• A specific date, time, and time zone

Misc. Request

• Individual’s/Business name and/or

• Account number and/or

• Complete address (e.g. street address, Apt. #, city, state & zip code) and/or

• Email address

• Note that Kinetic does not retain information indefinitely and that the Electronic Communications Privacy Act, 18 U.S.C. 2701 et seq. ("ECPA"), prohibits an electronic communications service provider, such as Kinetic, from producing electronic communications content without a search warrant or pursuant to an emergency disclosure request.

Account Preservation

Kinetic will take steps to preserve account records upon receipt of a preservation letter. These notices typically request Kinetic to preserve the information 90 days from the date the request. You may expedite a preservation requests by submitting it to Kinetic's email at [email protected] or fax #330-486-3131. Otherwise mail it in to ATTN: LESC, Windstream Services, LLC, 4005 Rodney Parham Road, Little Rock, AR 72212. Preservation requests are the only types of requests that Kinetic will accept directly. We may honor requests for extensions of preservation requests, but encourage law enforcement agencies to seek records through the appropriate channels in a timely manner, as we cannot guarantee that requested information will be available.

Child Safety Matters

We report all apparent instances of child exploitation to the National Center for Missing and Exploited Children (NCMEC), including content drawn to our attention by government requests. NCMEC coordinates with the International Center for Missing and Exploited Children and law enforcement authorities from around the world. If a request relates to a child exploitation or safety matter, please specify those circumstances (and include relevant NCMEC report identifiers) in the request to ensure that we are able to address these matters expeditiously and effectively.

Response Time

Requests are processed in the order received subject to emergency and priority requests. Responses are generally provided within 10 business days. If a request relates to a child exploitation or safety matter, please specify those circumstances (and include relevant NCMEC report identifiers) in the request to ensure that we can address these matters expeditiously and effectively. Exigent responses are attempted to be made in real time. If you are requesting information in an exigent circumstance please call 501-748-7364 or submit a request through the Exigent Online Request Portal. To assist in timely responses, please do not request a status update for at least 10 business days from the date that you submitted your request. You may email status requests or other questions to [email protected], or call 501-748-9450.

Data Retention and Availability

Kinetic will search for and disclose data reasonably available limited to the specific and particular legal request received. Kinetic does not retain data for law enforcement purposes without a valid preservation request.

Call Detail Records

Kinetic is required to keep 18 months and may have up to 24 months of calls on a rolling calendar. All calls older than 24 months are purged from Kinetic records. Kinetic will release customer outbound and toll-free call records when available with a notarized release of records form. Kinetic will not release incoming call records, without receipt of a subpoena from a court of law or intervention, from local, state, or federal law enforcement agencies to obtain the requested records in an exigent circumstance.

Email Content

Legal requests seeking the contents of emails or attachments to emails can only be provided with a Search Warrant. Request for email content should be aware of the following:

1. When customers use Kinetic email, they may use the Kinetic Webmail service. This permits customers to access their email from any Internet connected computer. In this case, the contents of emails are stored on Kinetic’s email servers where they may be produced in response to a legal request if they have not been deleted by the customer. Kinetic requires a warrant for the release of all content data regardless of the amount of time the content has been in electronic storage.

2. Customers may also use an email client program like Outlook Express, Outlook, Vista mail or Eudora to move or “pop” email from Kinetic’s email servers to their own personal computers. In those cases, emails may be deleted from Kinetic’s email servers and if so, they are not accessible.

3. Customers may also use Webmail and an email client program and leave emails on Kinetic’s email servers as well as copy (not move) them to their personal computers. In these cases, emails that remain on Kinetic’s email servers may be produced in response to a proper legal request if they have not been deleted by the customer. Kinetic requires a warrant for release of all content data.

IP Records

Kinetic currently maintains dynamic IP address log files for many years, however once a customer closes an account, it is no longer kept for business purposes and is purged from Kinetic’s records

Testimony

Kinetic employees can offer testimony in support of subscriber identifications in criminal cases. Windstream Services, LLC is not required to provide expert testimony in civil cases. Kinetic encourages the use of affidavits to avoid personal court appearances and cost wherever possible. If a special affidavit is required, please attach it to your request.

Cost Reimbursement

Kinetic does not charge for responses to legal process served by a government entity involving child exploitation. Kinetic reserves the right to seek reimbursement for processing and responding to all other legal process as permitted by law. The fees for certain requests can be found on the Kinetic Fee Schedule. Requesting parties will be provided an invoice at the time of disclosure. Additional charges may apply for (i) requests that are voluminous in nature, (ii) requests for information that are not retrievable in the ordinary course of business, (iii) Court Orders requiring the installation of pen register/trap and trace devices, and (iv) Court Orders requiring interception of communications. All Civil cases billed are due and payable prior to the delivery of documents to the requesting party.