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Civil Subpoena Policy

VirtualAvenue's Privacy Policy prohibits the release of User or account information except in limited circumstances, including with express permission from the User, as and when required or permitted by law, to conform to the edicts of the law, or to comply with legal process properly served on VirtualAvenue or one of its affiliates.

If you seek the identity or account information of a VirtualAvenue User in connection with a civil legal matter, you must fax, mail, or serve VirtualAvenue with a valid subpoena.

Submission of Subpoenas

VirtualAvenue is located in Burlington, Massachuesetts and all civil subpoenas should be served at that location or mailed or faxed to:

VirtualAvenue
David C. Bryson, General Counsel
70 Blanchard Road
3rd Floor
Burlington, MA 01803
E-mail: legal@virtualave-inc.com
Fax: (781) 998-8277

Upon the receipt of a validly issued civil subpoena, VirtualAvenue will promptly notify the User whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, VirtualAvenue will not immediately produce the User's information sought by the subpoena and will provide the User an opportunity to move to quash the subpoena in court.

Fees for Subpoena Compliance

VirtualAvenue 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 VirtualAvenue invoice. Checks should be made out to VirtualAvenue.

VirtualAvenue's subpoena compliance costs are as follows:

Research - $75.00/hour
Federal Express - Cost as Billed
Copies - $.50/page
Compact Discs - $10.00/per CD

Policies Regarding E-mail

VirtualAvenue will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. § 2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. VirtualAvenue's e-mail servers do not retain deleted or sent e-mail. However, deleted e-mail may be recoverable from back-up servers for a limited time.

VirtualAvenue reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the VirtualAvenue e-mail address is related to the pending litigation and the underlying subpoena.

Revised: September 2008

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