Federal Subpoena Policy
If you seek the identity or account information of an Nicnames, Inc customer in connection with a civil legal matter, you must mail or serve Nicnames, Inc with a valid subpoena. Valid subpoenas are those issued by (a) any U.S. federal court or (b) the courts of the State of Delaware, or any other State in which Nicnames, Inc has qualified to do business. Nicnames, Inc may waive the requirement and respond to a subpoena issued by a state or local court located outside of Delaware, or any other State in which Nicnames, Inc has qualified to do business in limited circumstances and at its discretion. Nicnames, Inc will not respond to subpoenas, or analogous discovery mechanisms, issued by courts outside of the United States due to the inherent difficulties in validation.
If you seek the identity or account information of a Nicnames.com customer in connection with a criminal matter and you are a member of the law enforcement community, you must mail or serve Nicnames, Inc with a valid subpoena.
Nicnames.com reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Nicnames.com customer information is related to the pending litigation and the underlying subpoena.
All subpoenas, whether in connect to a civil or criminal legal matter, should be served or sent by registered mail to our designated agent:
Nicnames, Inc (or other appropriate affiliate entity)
919 North Market Street, Suite 950
Wilmington, DE 19801
Upon the receipt of a valid subpoena, unless the circumstances or subpoena warrant otherwise, Nicnames.com may promptly notify the customer whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, Nicnames.com may not immediately produce the customer information sought by the subpoena and may provide the customer an opportunity to move to challenge the subpoena in court. Nicnames.com reserves the right to charge an administration fee to the customer by charging the customer’s Nicnames.com account.
Nicnames.com may 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 Nicnames.com invoice. Checks should be made to Nicnames, Inc. Nicnames' subpoena compliance costs include research at a rate of $75.00 per hour, Federal Express fees as billed, and copies at a rate of $.25 per page.
Except as required by an order in accordance with 18 U.S.C. 2701 et seq. issued by a court of competent jurisdiction, Nicnames.com will not produce the content of e-mail or other electronic communications. Whether or not Nicnames.com gives its customer advance notice of any such disclosure will be governed by the terms of the Order.
Notwithstanding any of the above, Nicnames.com reserves the right to challenge the validity of any subpoena or otherwise move to quash or take such other action to secure an order from the relevant court that Nicnames.com is not required to respond to the subpoena.
Nicnames.com reserves the right to modify this policy at any time in its sole discretion.