Subpoena Policies
Last Updated: February 21, 2017.
All terms not otherwise defined herein shall have the definitions set forth in the Terms of Service.
Civil Subpoena Policy
This Civil Subpoena Policy (this "Policy") is effective as of the date set forth above is part of Our overall Terms of Service ("Terms of Service")
Our Privacy Policy prohibits the release of customer or account information without express permission from our customers, except when required by law or to comply with legal process properly served on Us or one of Our affiliates.
If you seek the identity or account information of Our customers in connection with a civil legal matter, you must fax, mail, or serve Us with a valid subpoena.
Submission of Subpoenas
We are headquartered in Austin, Texas and all civil subpoenas should be served at that location or mailed to:
Volusion, LLC
Attn: Legal Dept.
1835-A Kramer Lane, Suite 100
Austin, TX 78758
Alternatively, the civil subpoena can be faxed to:
(888) 480-0945
Attn: Legal Department
Notice to Customer and Response Time
Upon the receipt of a valid civil subpoena, We 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, We 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. We reserve the right to charge an administration fee to Our customers by charging the payment method the customer has on file with Us.
Fees for Subpoena Compliance
We 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 invoice from Us. Checks should be made out to Volusion, LLC.
Our subpoena compliance costs are as follows:
Research - $75.00/hour
Federal Express - Cost as Billed
Copies - $.25/page
Policies Regarding E-mail
Our email servers are located in the United States. We 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. Our e-mail servers do not retain deleted or sent e-mail.
We reserve the right to request a copy of the complaint and any supporting documentation that demonstrates how the Volusion e-mail address is related to the pending litigation and the underlying subpoena.
Criminal Subpoena Policy
This Criminal Subpoena Policy (this "Policy") is effective as of the date set forth above is part of Our overall Terms of Service ("Terms of Service")
Our Privacy Policy prohibits the release of customer or account information without express permission from our customers, except when required by law or to comply with legal process properly served on Us or one of Our affiliates.
If you seek the identity or account information of Our customers in connection with a criminal matter, and you are a member of the law enforcement community, you must fax, mail, or serve Volusion, LLC with a valid subpoena.
Submission of Subpoenas
We are headquartered in Austin, Texas and all civil subpoenas should be served at that location or mailed to:
Volusion, LLC
Attn: Legal Dept.
1835-A Kramer Lane, Suite 100
Austin, TX 78758
Alternatively, the criminal subpoena can be faxed to:
(888) 480-0945
Attn: Legal Department
Policies Regarding Email
We 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. Our e-mail servers do not retain deleted or sent e-mail.
We reserve the right to request a copy of the complaint and any supporting documentation that demonstrates how the Volusion e-mail address is related to the pending investigation and the underlying subpoena.
