EARTHLINK GUIDE TO LEGAL PROCESS
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 Guide to any particular request. This Guide does not create any enforceable legal rights, either for EarthLink's customers or for requesting parties.
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 electronic communications content without a search warrant or pursuant to an emergency disclosure request. More information about emergency disclosure requests is included below.
In accordance with 18 U.S.C. 2703(f), EarthLink will preserve the information that is currently on its servers for 90 days unless EarthLink receives a preservation extension request, in which case the information will be preserved for an additional 90 days (for a total of up to 180 days). After the preservation period expires, the information may no longer be available from EarthLink's systems. Please note that the only content that can be preserved under 18 U.S.C. 2703(f) is the content that is stored on the servers at the moment that EarthLink processes the preservation request. If you are seeking the collection of content on an ongoing basis, EarthLink is only authorized to save electronic communications prior to delivery to their intended recipient with a Title III wiretap order.
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 addresses 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.
EarthLink Legal Department
Attn: Subpoena Compliance Department
1170 Peachtree Street, NE
Atlanta, GA 30309
Telephone Number: 404-354-8922
EFax Number: 1-877-852-2287
After Hours (5:00pm to 9:00am) Emergencies: 1-800-525-8775
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.
The 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 .
Effective Date: March 31, 2016