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SUBPOENA AND COPYRIGHT POLICY

Subpoenas

Generally

1&1's terms and conditions prohibit the disclosure of customer information without the customer's express written consent except as required to comply with a current judicial proceeding, a court order, subpoena or other legal process served on 1&1. If you require information regarding a 1&1 customer you must fax, mail, or serve a valid subpoena on 1&1 Internet Inc.

The contents of web sites terminated for nonpayment are permanently and irrevocably deleted shortly after termination of the account, generally within five to ten business days. Such files can no longer be recovered.

1&1 will provide only such information as required or permitted by law. Pursuant to the Electronic Communications Privacy Act, 18 USC 2701 et, seq., 1&1 is prohibited from providing the contents of e-mails or other electronic communications except under very limited circumstances, even in response to a valid subpoena or court order. 1&1 does not retain copies of deleted or sent e-mails or e-mail logs, although such e-mails or related information may be available on backup tapes for a limited period. 1&1 does not have access to electronic communications which are downloaded to the customer's computer.

Service

1&1 is headquartered in Chesterbrook, PA. Service can be made via fax, mail, or personal service. Service by mail or personal service should be to the following address:

1&1 Internet, Inc.
c/o Legal compliance
701 Lee Road, Suite 300
Chesterbrook, PA 19087

Service by facsimile should be to the following number:

610-560-1505
Attn: Legal compliance

Civil Subpoenas

1&1 reserves the right to notify its customer prior to responding to a civil subpoena, and to delay compliance for up to ten days in order to allow its customer to move to quash the subpoena, except in an emergency or where otherwise required by law. 1&1 will comply with civil subpoenas only upon payment of its expenses, as follows:

Research $75.00/hr
Copies $0.25/page
Other costs as billed
Compact Disks $10.00/CD

In addition, 1&1 reserves the right to charge an administration fee to the customer pursuant to 1&1's Terms and Conditions.

Additional Documentation

1&1 reserves the right to request additional information, including but not limited to a copy of complaints or other pleadings, in order to verify that the 1&1 customer information is relevant to the records requested.

Reporting Copyright and Trademark Infringement

1&1 Respects the intellectual property of others. If you think 1&1 or one of its customers is violating your rights, please send proper notice to 1&1 as outlined below. Such notice of copyright or other intellectual property infringement must contain the following elements:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notice should be sent to 1&1’s designated agent at one of the addresses below:

1&1 Internet Inc.
c/o J. Christopher Erb
The Erb Law Firm, PC
5901 Ridge Avenue
Philadelphia, PA 19128
USA

Fax 215-508-4428

Legal@1and1.com

Trademark-related domain name disputes are properly handled under the Uniform Domain Name Dispute Resolution Policy (“UDRP”). 1&1 respectfully refers you to the ICANN website for additional information (http://www.icann.org/udrp/udrp.htm)