Subpoena & Intellectual Property Policy

General

mail.com'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 properly served on mail.com or as otherwise permitted by mail.com’s General Terms and Conditions, in mail.com’s sole discretion.

With respect to subpoenas issued by law enforcement or other government agencies, mail.com does its best to cooperate with ongoing investigations, however, mail.com can provide only such information as required or permitted by law and its privacy policy. Pursuant to the Electronic Communications Privacy Act, 18 USC 2701 et, seq., mail.com is prohibited from providing the contents of most emails or other electronic communications except under very limited circumstances, even in response to a valid subpoena or court order.

Service

mail.com is headquartered in Philadelphia, PA. Service can be made via fax, mail, courier, or personal service to the following address:

1&1 Mail & Media Inc.
Attn: mail.com Legal Compliance
100 North 18th Street, Suite 400
Philadelphia, PA 19103

Facsimile : 610-560-1505
Attn: mail.com Legal Compliance

Civil Subpoenas

mail.com 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 mail.com customer information is relevant to the records requested. mail.com 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. mail.com 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

Additional Documentation

mail.com 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 mail.com customer information is relevant to the records requested.

Reporting Copyright and Trademark Infringement

Copyright

mail.com respects the intellectual property of others. If you think mail.com or one of its customers is violating your copyrights, please send proper notice to mail.com as contemplated by the Digital Millenium Copyright Act (“DMCA”). Such notices should be sent to one of the following addresses:

1&1 Mail & Media Inc.
Attn: Designated Agent, DMCA
100 North 18th Street Suite 400
Philadelphia, PA 19103


Facsimile : 610-560-1505, Attn: mail.com Legal Compliance

Email: legalnotice@mail.com

Pursuant to the DMCA, notices of copyright 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 location.

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.

mail.com may require that non-compliant DMCA notices be resubmitted with the complete information listed above.

If you are a mail.com customer and have received a DMCA notice, you may send counter-notice to mail.com to the above-listed address and contact information. Such counter-notice must contain the following information:

1. Your electronic signature.

2. Identification of the material that was removed in response to the notice or to which access was disabled and the location at which the material appeared before it was removed or access to it was disabled.

3. A statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

4. Your name, address, and telephone number, and a statement that the you consent to the jurisdiction of the Federal District Court for the Eastern District of Pennsylvania, and that you will accept service of process from the Complaining Party or an agent of such Party.

Upon receipt of a proper counter notification, mail.com will promptly provide the complaining party with a copy of the counter-notice, and inform that party that mail.com may replace the removed material or cease disabling access to it in ten business days. mail.com may replace the removed material and cease disabling access to it in not less than ten, and not more than fourteen, business days following receipt of the counter notice unless mail.com receives notice that the complaining party has filed an action seeking a court order to restrain the mail.com customer from engaging in infringing activity relating to the material on mail.com's system. Counter notifications which do not contain all of the information outlined above may not be sufficient to permit mail.com to restore access to the customer’s files. mail.com may, in its sole discretion, suspend or terminate customer accounts which it believes infringe the rights of third parties, but is under no legal obligation to do so.

Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.

Trademark

Notice of trademark violations on a server operated by mail.com should be sent to Legal Compliance using the contact information listed above. Please provide the following information for any trademark claims:

1. The trademark or service mark which has allegedly been infringed along with the date of first use and the products or services associated with the mark.

2. The mark which you claim is infringing your mark along with a precise location or other information as to the specific file server which is believed to infringe your mark and the products or services associated with that mark.

3. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is the owner of the mark or is otherwise authorized to act on behalf of the owner of the mark that is allegedly infringed, and that the use of the mark is not defensible.

mail.com will investigate and forward credible claims of trademark infringement to its customer. mail.com may, in its sole discretion, suspend or terminate customer accounts which it believes infringe the rights of third parties, but is under no legal obligation to do so.

THE DMCA DOES NOT APPLY TO TRADEMARK DISPUTES.


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