Subpoena Policy

Subpoena Policy 

The GetResponse Privacy Policy prohibits the release of Customer or Account information without express permission from the Customer, except in limited circumstances, including when required by law, to conform to legal requirements, or to comply with valid legal process properly served on GetResponse. 

Subpoenas

In order to obtain the identity or Account information of a GetResponse Customer from GetResponse in connection with a civil or criminal legal matter, you must serve GetResponse with a valid subpoena, court order or other valid legal process.  GetResponse reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the GetResponse Customer identity, Account or e-mail address is related to the request.

Submission of Subpoenas 

GetResponse is headquartered in Delaware, and will only accept validly issued subpoenas, court orders or other valid legal process to which we are subject in Delaware (“Requests”).  All Requests should be served or mailed to GetResponse at: 

GetResponse, Inc.

3 Germay Dr Ste,5 PMB 15672,

Wilmington, DE 19804 

Attn: Legal Department 

All Requests should specify the Customer’s name or Account, the information sought, including the specific dates for which information is requested, and the contact name, phone number and secure email address of the requesting party.

In connection with criminal matters, we will only respond to Requests from members of the law enforcement community.

Customer Notification 

Unless legally prohibited, upon receipt of a valid Request regarding Customer information, GetResponse may attempt to quash, and/or notify the Customer to provide the Customer an opportunity to quash the Request.  Our response times will not be immediate and will depend on the circumstances, including the type of Request and information sought. 

Requests for E-mail 

GetResponse will not produce electronic communications, including stored emails, except in accordance with Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq. (“ECPA”), which prohibits electronic communications service providers from such production, even pursuant to valid subpoena or court order, except in limited circumstances.

Fees for Compliance

GetResponse reserves the right to charge the applicable Customer for any and all costs, expenses, fees and other amounts incurred by GetResponse in connection with responding to or complying with any Request regarding that Customer or its Accounts (“Subpoena Costs”).  Without limiting the foregoing, Subpoena Costs may include reimbursement for time expended by GetResponse employees in connection with related research, testimony, depositions, and other activities, and fees, costs and expenses for professional advisors, contractors, couriers, travel and lodging. Where applicable, Subpoena Costs will be calculated at the following rates:

GetResponse employees – $100.00/hour

Third parties – at cost on a pass through basis

Copies – $0.25/page 

GetResponse reserves the right to recover Subpoena Costs either by invoicing the Customer or charging the Customer’s payment method on file with GetResponse (e.g. credit card). Each such invoice must be paid within in thirty (30) days of receipt.