Court Order & Subpoena Policy
Xelex is a strong advocate for privacy. As such, and per our Privacy Policy, we cannot and will not share customer or account information without our customer’s express consent except under limited circumstances when required by law or legal process properly served on Xelex or one of our affiliates.
If you are seeking such information, here is what you need to know:
Submission of Subpoenas and Court Orders
You may mail or serve Xelex with a valid criminal or civil subpoena or U.S. Court Order as follows:
Service or Mail
Xelex Legal Department
3848 Tanbark Dr
Swansea, IL 62226
Legal@xelextech.comCriminal Subpoenas
If you seek the identity or account information of a Xelex customer in connection with a criminal matter, and you are a member of the law enforcement community, you must mail to or serve Xelex LLC with a valid U.S. subpoena.
Background Documentation
Xelex reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how our customer information is related to the pending litigation and the underlying subpoena.
Notice to Customer and Response Time
Upon the receipt of a valid criminal subpoena, unless the circumstances or subpoena warrant otherwise, Xelex may promptly notify the customer whose information is sought via email or U.S. mail. If the circumstances do not amount to an emergency, Xelex 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. Xelex reserves the right to charge an administration fee to the customer by charging the customer’s Xelex account.
Policy Regarding Email
Xelex complies with the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., which prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, other than in limited circumstances. Therefore, except as required by an order in accordance with this Act, Xelex will not produce the content of email or other electronic communications. Whether or not Xelex gives its customer advance notice of any such disclosure will be governed by the terms of the order.
Fees for Subpoena Compliance
Xelex reserves the right to charge the person or entity submitting the criminal subpoena for costs associated with subpoena compliance whenever the government agency and/or the nature of the request permits. Payment must be made within thirty (30) days from the date of receipt of the invoice. Checks should be made out to Xelex LLC Xelex reserves the right to require payment prior to the release of the documentation requested.
Xelex’s criminal subpoena compliance costs are as follows:
Research – hourly rate varies per the complexity of the information request and/or management involvement in providing the subpoenaed information
Federal Express - Cost as Billed
Copies - $.50/page
Civil Subpoenas
If you seek the identity or account information of a Xelex customer in connection with a civil legal matter, you must mail to or serve Xelex LLC with a valid subpoena. Valid subpoenas are those issued by (a) any U.S. federal court or (b) the courts of the State of California, or any other State in which Xelex has qualified to do business. Xelex may waive the requirement and respond to a subpoena issued by a state or local court located outside of California State, or any other State in which we are qualified to do business, in limited circumstances and at its discretion. Xelex will not respond to subpoenas, or analogous discovery mechanisms, issued by courts outside of the U.S. due to the inherent difficulties in validation.
Background Documentation
Xelex reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the customer information is related to the pending litigation and the underlying subpoena.
Notice to Customer and Response Time
Upon the receipt of a valid civil subpoena, Xelex will promptly notify the customer whose information is sought via email or U.S. mail. If the circumstances do not amount to an emergency, Xelex 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. Xelex reserves the right to charge an administration fee to the customer by charging the customer’s Xelex account.
Fees for Subpoena Compliance
Xelex 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 invoice. Checks should be made out to Xelex LLC. Xelex reserves the right to require payment prior to the release of the documentation requested.
Xelex’s civil subpoena compliance costs are as follows:
Research - $150.00/hour
Federal Express - Cost as Billed
Copies - $.50/page
Additional FAQs
A. UDRP COMPLAINTS & PROCEEDINGS
Xelex is compliant with the UDRP guidelines set forth by ICANN. Should you file a UDRP related claim, you may submit a copy of the filed claim using the methods described herein to provide Xelex with notice of a domain name dispute with one of our customers.
B. NON-U.S. COURT ORDERS & SUBPOENAS
Xelex requires that, unless governed by ICANN regulations or other treaties/Acts to which we may be subject, all court orders and/or subpoenas must be issued by a U.S. court or law enforcement entity.
C. CUSTOMERS PROTECTED BY WHOISGUARD
Xelex will not disclose the identity of a customer who is protected by WhoisGuard unless specifically required by U.S. court order, subpoena or other regulation to which we are subject.
D. DO I NEED TO NAME XELEX AND/OR WHOISGUARD IN THE LEGAL ACTION
No, you do not need to name Xelex or WhoisGuard in a legal action. Please note that WhoisGuard is a third party provider and separate entity from Xelex. WhoisGuard is a private registration service that maintains the privacy of a Xelex customer’s information and it has no control over the domain name, website content and/or other services provided to the customer through Xelex. However, like Xelex, WhoisGuard will comply with any valid U.S. court order and/or subpoena which is issued as outlined herein.
E. ACCURACY OF CUSTOMER INFORMATION REQUIRED
While Xelex does not require that you list the name of a customer who is protected by WhoisGuard in a court order or subpoena, we do require that any details which are set forth in a subpoena or court order must be accurate. This means that, when you have a customer name, it must be the correct customer name associated with a domain or account for us to be able to take action pursuant to the court order/subpoena.
F. BANKRUPTCY & RECEIVERSHIPS
If a domain and/or website is subject to a bankruptcy proceeding or receivership, it is important to give Xelex notice as soon as possible. Bankruptcy and Receivership Orders must be issued in English and be able to be validated as authentic by Xelex. Xelex reserves the right to refuse action if the orders are outside of the U.S. and unable to be validated to our satisfaction. Orders must list individually any domain(s) and/or website(s) that are to be separated from other assets and it must state that the Trustee or Receiver has the authority to manage and sell them.
G. SETTLEMENTS & DOMAIN TRANSFERS
In general, customers may privately settle a dispute over a domain/website without Xelex’s involvement. A transfer of ownership of such domain/website may be affected by the controlling party through their account panel.
In limited circumstances, parties may request Xelex’s assistance in effecting a transfer to a new owner under a settlement agreement. If you are seeking our help, at a minimum we will require a copy of the legal settlement agreement which 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.
Further, Xelex reserves the right to require an indemnification agreement from one or more parties.
General
Reservation of Rights
Notwithstanding any of the above, Xelex reserves the right to challenge the validity of any subpoena or court order or otherwise move to quash or take such other action to secure an order from the relevant court that Xelex is not required to respond to the subpoena or court order.
Modification
Xelex reserves the right to modify this policy at any time in its sole and absolute discretion. Such modifications are effective immediately upon posting to this site.
Further Questions & Contact Information
If you have any questions about how Xelex deals with subpoenas, court orders or other legal process, please contact us by email or regular mail at the following address:
Xelex Legal Department
3848 Tanbark Dr
Swansea, IL 62226
legal@xelextech.comLast revised: March 1, 2017
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