DomainSmart Subpoena Policy/Attorney Tips
If you seek the identity or account information of a DomainSmart customer in connection with a civil or criminal legal matter, you must fax, mail, or serve DomainSmart with a valid subpoena. For criminal matters, you must be a member of the law enforcement community.
Submission of Subpoenas
DomainSmart is headquartered in Scottsdale, Arizona and all subpoenas should be served at that location or mailed to:
14455 North Hayden Rd., Suite 219
Alternatively, the subpoena can be faxed to:
Attn: Compliance Department
Policies Regarding E-mail
DomainSmart will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. DomainSmart's e-mail servers do not retain deleted or sent e-mail.
DomainSmart reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the DomainSmart e-mail address is related to the pending litigation and the underlying subpoena.
Terms Specific to Civil Subpoenas:
Notice to Customer and Response Time
Upon the receipt of a valid civil subpoena, DomainSmart will promptly notify the customer whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, DomainSmart will not immediately produce the customer information sought by the subpoena and will provide the customer an opportunity to move to quash the subpoena in court. DomainSmart reserves the right to charge an administration fee to the customer by charging the Payment Method the customer has on file with DomainSmart.
Fees for Subpoena Compliance
DomainSmart will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the DomainSmart invoice. Checks should be made out to DomainSmart
DomainSmart's subpoena compliance costs are as follows:
- Research - $75.00/hour
- Federal Express - Cost as Billed
- Copies - $.25/page