Golf Clubs Away v. Hostway

This Settlement applies to customers who directly or indirectly subscribed to email services provided by Hostway Corporation and/or Hostway Services, Inc. (“Hostway” or “Defendants”), including email services provided by Defendants’ predecessors, affiliates, subsidiaries and/or parents, and whose email accounts utilized Hostway’s shared servers located in Florida that were “blacklisted” at any time from November 1, 2008, through and including March 31, 2009 (“Settlement Class Members”).

If you received a Notice of Class Action Settlement (“Notice”), it is because the Settlement Administrator has identified you as a potential Settlement Class Member based on internal Hostway documentation. A class action settlement has been proposed in this lawsuit. The lawsuit concerns alleged damages to Settlement Class Members arising from the blacklisting of certain of Hostway’s shared servers located in Florida from November 1, 2008 through March 31, 2009 (the “Class Period”). Pursuant to a proposed Settlement (the “Settlement”), Settlement Class Members may receive a Settlement benefit as described further in FAQ 9.

If approved, the proposed Settlement will resolve this lawsuit, now pending before The Honorable Michael A. Robinson in the Circuit Court for the 17th Judicial Circuit in and for Broward County, Florida (the “Court”). The Court must decide whether to finally approve the Settlement. No payments or Vouchers will be sent until the Settlement becomes final and not subject to appeal. The class action settlement approval process will take at least several months to complete.

If you believe you are a Settlement Class Member, but did not receive a Notice from the Settlement Administrator directly, please contact the Settlement Administrator at 1-855-917-3476 or by emailing claims@HostwaySettlement.com.

The purpose of this website is to advise you of the proposed Settlement and how it may affect your rights. You must decide whether to submit a claim, ask to be excluded from the Class before the Court enters judgment, or do nothing and receive no benefit from the Settlement. You have to decide this before October 5, 2020. Your options regarding this lawsuit are as follows:

Your Legal Rights and Options in This Settlement

File a Claim Deadline: October 5, 2020	You must make a claim in order to receive any Settlement benefit. You may file your Claim Form electronically or by mail. You must provide your Unique ID number. If you did not receive a Notice directly via email and do not have a Unique ID, but believe you are a Settlement Class Member, you can contact the Settlement Administrator by calling 1-855-917-3476 or via email at claims@HostwaySettlement.com to review your status as a Settlement Class Member, and if you are a Settlement Class Member, obtain your Unique ID.
Exclude Yourself from this Settlement Deadline: October 5, 2020	You can exclude yourself from the Settlement by informing the Settlement Administrator that you want to “opt out” of the Settlement. If the Settlement becomes final, this is the only option that allows you to retain any rights to sue Hostway for any claims related to the blacklisting that occurred during the Class Period. If you exclude yourself, you will not be eligible to receive any Settlement benefit.
Object to or Comment on the Settlement Deadline: October 5, 2020	You may object to the Settlement by writing to the Court explaining why you do not believe the Settlement should be approved. You can also write to the Court to provide comments or reasons why you support the Settlement. For detailed information on how to object to or comment on the Settlement, see FAQ 17.
Do Nothing	By doing nothing, you will remain a member of the Settlement Class, but you will not be entitled to any Settlement benefit. However, if the Court approves the Settlement and enters judgment, you will surrender any rights to sue Defendants and their affiliates for all claims that arise out of and/or directly relate to the facts and claims alleged in the lawsuit.