Name.com, Inc. Civil Subpoena Policy
Name.com’s Privacy Policy prohibits the release of customer or account information without express permission from the customer, except under limited circumstances such as when necessary to comply with ICANN’s WHOIS publication requirements or when required to comply with law or legal process properly served on Name.com or one of its affiliates.
Valid Subpoenas
If you seek the identity or account information of an Name.com customer in connection with a civil legal matter, you must fax, mail, or serve Name.com, Inc. with a valid subpoena. Valid subpoenas are those issued by (a) any U.S. federal court or (b) the courts of the State of Colorado, or any other State in which Name.com has qualified to do business. Name.com may waive the requirement and respond to a subpoena issued by a state or local court located outside of Colorado, or any other State in which Name.com has qualified to do business in limited circumstances and at its discretion. Name.com will not respond to subpoenas, or analogous discovery mechanisms, issued by courts outside of the United States due to the inherent difficulties in validation.
Background Documentation
Name.com reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Name.com customer information is related to the pending litigation and the underlying subpoena.
Submission of Subpoenas
Name.com is located in Denver, Colorado and all civil subpoenas should be served at that location or sent by registered mail to:
Compliance Department
Name.com, Inc.
414 14th Street #200
Denver, Colorado 80202
Alternatively, the civil subpoena can be faxed to:
(720) 235 0091
Attn: Compliance Department
Notice to Customer and Response Time
Upon the receipt of a valid civil subpoena issued by an appropriate court, Name.com may promptly notify the customer whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, Name.com may not immediately produce the customer information sought by the subpoena and may provide the customer an opportunity, within the response time provided by Name.com in the subpoena, to move to challenge the subpoena in court. Name.com reserves the right to charge an administration fee to the customer by charging the customer’s Name.com account.
Fees for Subpoena Compliance
Name.com may 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 Name.com invoice. Checks should be made out to Name.com, Inc. Name.com’s subpoena compliance costs are as follows:
- Research - $75.00/hour
- Federal Express - Cost as Billed
- Copies - $.25/page
Policy Regarding E-mail or Other Electronic Communications
Except as required by an order in accordance with 18 U.S.C. 2701 et seq. issued by a court of competent jurisdiction, Name.com will not produce the content of e-mail or other electronic communications.
Reservation of Rights
Notwithstanding any of the above, Name.com reserves the right to challenge the validity of any subpoena or otherwise move to quash or take such other action to secure an order from the relevant court that Name.com is not required to respond to the subpoena.
Modification of Policy
Name.com reserves the right to modify this policy at any time in its sole discretion.