EARTHLINK SUBPOENA POLICY
EarthLink Holdings Corp. and its affiliates ("EarthLink") respond to properly served, valid subpoenas, court orders, and warrants. The rules regarding method of service may vary by state and type of legal process. Please see below for more information on how and where to serve EarthLink.
EarthLink, in its sole discretion, reserves the right to object to or refuse to respond to any legal process and to determine the applicability of this policy to any particular request. This policy does not create any enforceable legal rights, either for EarthLink's customers or for requesting parties. Note that prior to responding to any request, EarthLink may require a requesting party to provide a copy of the applicable complaint or other supporting documentation.
If you are seeking customer information, please provide as much of the following information as possible: customer name, account number, email address, mailing address or telephone number. If you are seeking information related to an IP address, please include the applicable date, time and time zone. Note that EarthLink 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 EarthLink, from producing the contents of an electronic communication, even pursuant to subpoena or court order, except in limited circumstances.
CIVIL SUBPOENA INFORMATION
Civil subpoenas should be served upon EarthLink's registered agent. EarthLink does not accept civil subpoenas via facsimile or email. Please check the applicable Office of the Secretary of State for EarthLink's registered agent.
It is EarthLink's policy to notify a customer upon receipt of a civil subpoena requesting the customer's information. EarthLink generally will respond to your subpoena approximately fifteen (15) days after notice is sent to the customer unless the customer provides EarthLink with a filed motion to quash the subpoena or other document seeking similar protection from a court.
For civil subpoenas, EarthLink charges $75.00 per hour for research, $0.25 per page for copies and $22.00 per package to respond via overnight delivery. Additional charges may apply for voluminous or time or cost intensive requests. Invoices should be paid within 30 days of receipt by check made payable to EarthLink.
CRIMINAL SUBPOENA INFORMATION
EarthLink accepts criminal subpoenas from law enforcement agencies via service on our registered agent or via facsimile, U.S. Mail or commercial courier at the address below. Please note that EarthLink's acceptance of legal process by these methods does not constitute a waiver of any applicable objections, including lack of jurisdiction or proper service.
EarthLink Legal Department
Attn: Subpoena Compliance
1170 Peachtree Street, NE
Atlanta, GA 30309
Telephone Number: 404-748-6191
EFax Number: 1-877-852-2287
After Hours (5:00pm to 9:00am) Emergencies: 800-525-6775
EarthLink may charge a fee in connection with responding to a criminal subpoena. Invoices should be paid within 30 days of receipt by check made payable to EarthLink.
Subpoenas for information other than customer information must be served in accordance with applicable law. EarthLink's registered agent for service of process is on file with the Georgia Secretary of State.
ECPA authorizes EarthLink to produce subscriber information to law enforcement officials without a subpoena, court order or warrant if EarthLink "in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of information relating to the emergency." 18 U.S.C. 2702. In such circumstances EarthLink requires completion of its Emergency Request Form prior to the release of any subscriber information and proper legal process must be served as soon as possible after the emergency.
Effective Date: June 1, 2015