That's going to be an interesting question. If you host on linode or google apps or pair.com, is that a server under your control, or a third party.

I would call it a server under your control, the same as a store in a strip mall is under your control, not the mall owner.

But which way does anyone think that's going to go? Not the right way is my assumption.

However, if all your data is encrypted once it rests on the box, you'll at least know you're being probed when they subpoena your keys.