Civil Subpoena Policy
- If you seek the identity or account information of a BeSearched Subscriber in connection with a civil legal matter, you must fax, mail, or serve BeSearched with a valid subpoena.
- Submission of SubpoenasBeSearched is located in Akron, OH and all civil subpoenas should be served at that location or mailed or faxed to: BeSearched ATTN: Legal Department 3515 Manchester Rd. Akron, OH 44319 Fax: 330-798-7971 E-mail: firstname.lastname@example.org IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER AND/OR FAX (FAX # 330-798-7971). DUE TO THE VAGARIES OF THE INTERNET, AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER AND/OR FAX), WILL HELP ASSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER. Upon the receipt of a validly issued civil subpoena, BeSearched will promptly notify the User whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, BeSearched will not immediately produce the User’s information sought by the subpoena and will provide the User an opportunity to move to quash the subpoena in court.
- Fees for Subpoena ComplianceBeSearched 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 BeSearched invoice. Checks should be made out to “BeSearched”. BeSearched subpoena compliance costs are as follows: Research – $75.00/hour Federal Express – Cost as Billed Copies – $.50/page Compact Discs – $10.00/per CD Any applicable taxes will be charged in addition to the above fees.
- Policies Regarding E-mailBeSearched 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. BeSearched’s e-mail servers do not retain deleted or sent e-mail. However, deleted e-mail may be recoverable from back-up servers for a limited time. BeSearched reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the BeSearched e-mail address is related to the pending litigation and the underlying subpoena.