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Civil Subpoena Policy

Xeran's Privacy Policy prohibits the release of User or account information except in limited circumstances, including with express permission from the User, as and when required or permitted by law, to conform to the edicts of the law, or to comply with legal process properly served on Xeran or one of its affiliates.

If you seek the identity or account information of a Xeran User in connection with a civil legal matter, you must fax, mail, or serve Xeran with a valid subpoena.

Submission of Subpoenas

Xeran is located in Burlington, Massachusetts and all civil subpoenas should be served at that location or mailed or faxed to:

Xeran
Legal Department
70 Blanchard Road
3rd Floor
Burlington, MA 01803
Fax: (781) 998-8277
E-mail: legal@xeran-inc.com


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 # 781-998-8277). 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, Xeran 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, Xeran 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 Compliance

Xeran 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 Xeran invoice. Checks should be made out to Xeran.

Xeran's subpoena compliance costs are as follows:

Research - $75.00/hour
Federal Express - Cost as Billed
Copies - $.50/page
Compact Discs - $10.00/per CD

Policies Regarding E-mail

Xeran 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. Xeran'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.

Xeran reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Xeran e-mail address is related to the pending litigation and the underlying subpoena.

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