In this article:'Account' means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user;'Agent' means an attorney-in-fact granted authority under a durable or nondurable power of attorney;'Carries' means engages in the transmission of an electronic communication;'Catalogue of electronic communications' means information that identifies each person with whom a user has had an electronic communication, the time and date of the communication, and the electronic address of the person;'Conservator' means a person appointed by a court to manage the estate and financial affairs of a protected person. The term includes a limited conservator and temporary conservator;'Content of an electronic communication' means information concerning the substance or meaning of the communication which:(1) Has been sent or received by a user;(2) Is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and(3) Is not readily accessible to ustodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and(3) Is not readily accessible to the public;'Court' means the circuit court of the county having jurisdiction over the fiduciary or designated recipient;'Custodian' means a person that carries, maintains, processes, receives, or stores a digital asset of a user;'Designated recipient' means a person chosen by a user using an online tool to administer digital assets of the user;'Digital asset' means an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability, unless the asset or liability is itself an electronic record;'Electronic' means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;'Electronic communication' has the meaning set forth in 18 U.S.C. § 2510(12);'Electronic communication service' means a custodian that provides to a user the ability to send or receive an electronic communication;'Fiduciary' means an original, additional or successor personal representative, unication service' means a custodian that provides to a user the ability to send or receive an electronic communication;'Fiduciary' means an original, additional or successor personal representative, conservator, agent, or trustee;'Information' means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like;'Online tool' means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person;'Person' means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity;'Personal representative' means an executor, administrator, special administrator, or person that performs substantially the same function under law of this state other than this article;'Power of attorney' means a record that grants an agent authority to act in the place of a principal;'Principal' means an individual who grants authority to an agent in a power of attorney;'Protected person' means an y' means a record that grants an agent authority to act in the place of a principal;'Principal' means an individual who grants authority to an agent in a power of attorney;'Protected person' means an individual for whom a conservator has been appointed. The term includes an individual for whom an application for the appointment of a conservator is pending;'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;'Remote computing service' means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. § 2510(14);'Terms of service agreement' means an agreement that controls the relationship between a user and a custodian;'Trustee' means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee;'User' means a person that has an account with a custodian; and'Will' includes a codicil, testamentary instrument that only appoints an executor, and instrument that revokes or revises cessor trustee;'User' means a person that has an account with a custodian; and'Will' includes a codicil, testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument.
West Virginia Legal Code