EarthLink Policies and Agreements

EarthLink Civil Subpoena Policy

EarthLink does not release personally identifying information about our customers except in limited instances related to law, security, or safety, or with a customer's express permission.

To request customer information from EarthLink in a civil case, you must serve EarthLink at the address listed below with a valid subpoena or court order and agree to compensate EarthLink for EarthLink's subpoena response services. Prior to responding, EarthLink may require you to provide a copy of the complaint or other supporting documentation to demonstrate the materiality of the information requested.

In response to a valid civil subpoena, it is EarthLink's policy to notify the customer of the civil request for their information. In non-emergency situations, EarthLink will generally respond after approximately fifteen (15) days, unless the customer presents EarthLink with notice of having filed a motion to quash the subpoena or having sought similar protection from a court. EarthLink reserves the right to object to the subpoena on any applicable grounds.

If you are seeking information regarding a customer, please provide as much of the following as possible: customer name, account number, email address, mailing address, and telephone number. If you are seeking information related to an IP address, please include the date, time and time zone applicable to your request. In researching IP addresses, EarthLink may also request a user name, where available. Please note that, regarding requests for customer or IP address information, EarthLink does not retain such information indefinitely. For example, customer information that is older than six months and IP address information that is older than four months may be unavailable.

EarthLink does not typically retain certain information such as outgoing email, downloaded email, or Web/chat logs. Please be advised that the Electronic Communications Privacy Act, 18 U.S.C. 2701 et seq., 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.

Send all subpoenas and court orders seeking customer information only via U.S. certified mail, Airborne Express, UPS, or Federal Express to:

EarthLink Legal Dept./Subpoena Compliance
1375 Peachtree Street
Level A
Atlanta, GA 30309

Follow up requests may be submitted via facsimile at 404.287.4905 or via email at subpoena@corp.earthlink.net.

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.

For its subpoena response services, EarthLink charges $75.00 per hour for research, $0.25 per page for copies, and $22.00 per package to respond by overnight delivery. Additional charges may apply for requests involving voluminous information or other time or cost intensive requests. Invoices should be paid within 30 days of receipt, with checks must be made out to EarthLink, Inc.

To contact the EarthLink Subpoena Compliance Department, you may call 404.748.6191 or use the email address subpoena@corp.earthlink.net.
Please note that requests for information involving Helio customers or former EarthLink wireless customers should be directed to Helio at Helio LLC, Legal Department, 10960 Wilshire Blvd., Suite 700, Los Angeles, CA 90024.

EarthLink reserves the right to determine in its sole discretion the applicability of this policy to any particular request and this policy does not create any enforceable legal rights, either for EarthLink customers or for requesting parties.

Version: 09-23-2008



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