Subpoena Policy/Attorney Tips
ELREYWEB.com, LLC Subpoena Policy/Attorney Tips
If you seek the identity or account information of a ELREYWEB customer in connection with a civil or criminal legal matter, you must, mail, or serve ELREYWEB.com, LLC with a valid subpoena. For criminal matters, you must be a member of the law enforcement community.
Submission of Subpoenas
ELREYWEB is headquartered in Miami Dade, Florida and all subpoenas should be served at that location or mailed to:
ELREYWEB.com Compliance Department
8004 NW 154th St, #560
Miami Lakes, FL 33016
Attn: Compliance Department
Policies Regarding E-mail
ELREYWEB 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. ELREYWEB’s e-mail servers do not retain deleted or sent e-mail.
ELREYWEB reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the ELREYWEB 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, ELREYWEB 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, ELREYWEB 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. ELREYWEB reserves the right to charge an administration fee to the customer by charging the Payment Method the customer has on file with ELREYWEB.
Fees for Subpoena Compliance
ELREYWEB 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 ELREYWEB invoice. Checks should be made out to ELREYWEB.com
ELREYWEB’s subpoena compliance costs are as follows:
- Research – $85.00/hour
- Federal Express – Cost as Billed
- Copies – $.50/page
SUBMITTING COURT AND OTHER LEGAL DOCUMENTS TO ELREYWEB.COM,
You can contact the Domain Disputes Department at ELREYWEB with questions regarding UDRP proceedings, litigation or other legal disputes involving domain names registered with ELREYWEB or website content hosted with ELREYWEB. Please review the following information and contact us regarding domain name disputes before filing a new legal action or if you have any other questions:
- Hours of Operation: Monday-Friday 8am-5pm (Eastern Time)
- Litigation or Legal Disputes Address: Info@ELREYWEB.com
- UDRP Correspondence Address: Info@ELREYWEB.com
If ELREYWEB is the registrar of the domain name in dispute or is hosting the content that is the subject of my complaint, do I need to name ELREYWEB in the legal action I file?
No. It is not necessary to name ELREYWEB in a legal dispute regarding a domain name registered or hosted at ELREYWEB. ELREYWEB will comply with any Order issued by a court of competent jurisdiction regarding the final disposition of the domain name or website at issue.
Is it necessary to name Domains Privacy in a legal action I file if the domain name uses Domains by
Proxy’s privacy service?
No. It is not necessary to name Domains Privacy in a legal dispute. Domains Privacy is a private registration service and has no control over the domain name or any associated website content. Like ELREYWEB, Domains will comply with any Order issued by a court of competent jurisdiction.
What is the best way to submit court documents to ELREYWEB?
Litigation or legal dispute court documents can be sent to info@ELREYWEB.com. UDRP correspondence can be sent to info@ELREYWEB.com. Electronic copies via email are preferred and do not need to be followed up with hard copies.
What should be included in court orders sent to ELREYWEB?
Court orders should be as specific as possible, but at a minimum, must include:
• The affected domain name(s) and, for content we are hosting, the specific URLs where the hosted content is located. (Please only provide us with orders for content we host.)
• The specific action that ELREYWEB is being requested to take regarding the domain name and/or associated website.
• If plaintiff is seeking control of a customer’s ELREYWEB account, the court order must specify the ELREYWEB account number. (Please only pursue this option if all domain names in the account are related to the litigation.)
Can non-US based court documents be submitted?
Yes. If the documents are not in English, we require the following:
• Original court-stamped copy, and
• A certified translation of the court-stamped copy into English.
Are there additional requirements for Settlement Agreements?
Yes. In order for ELREYWEB to implement terms associated with a settlement agreement, the settlement agreement must:
• Involve litigation;
• Have notarized signatures from both parties;
• Specify the affected domain name(s); and
• Include a statement that the litigation will be dismissed with prejudice.
Are there additional requirements for Receiverships?
Yes. All receivership orders must:
• Explicitly list the domain name(s) that are to be moved separately from other assets, and
• State that the Receiver is to manage and/or sell the domain name(s).
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