SUBPOENA POLICY
Cybergenix Subpoena Policy

Cybergenix’s Privacy Policy prohibits the release of customer or account information without express permission from the customer, except when required by law, to conform to the edicts of the law, or to comply with legal process properly served on Cybergenix or one of its affiliates. Cybergenix is a daughter company for Dude Dangerous Ltd. The products and services offered by Cybergenix may not all originate from Dude Dangerous Ltd. Dude Dangerous Ltd is unable to provide information regarding customer use of non-Dude Dangerous Ltd products and services.

If you seek the identity or account information of a Cybergenix customer in connection with a civil or criminal legal matter, you must fax, mail, or serve Dude Dangerous Ltd with a valid subpoena.

Submission of Subpoenas

Dude Dangerous Ltd is headquartered in London, England, UK and all subpoenas should be served at that location or mailed to:

Compliance Department
Dude Dangerous Ltd
71-75 Shelton Street
Covant Garden
London, England
WC2H 9JQ

Policies Regarding E-mail

Dude Dangerous Ltd 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. Dude Dangerous Ltd’s e-mail servers do not retain deleted or sent e-mail.

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

Notice to Customer and Response Time

Upon the receipt of a valid civil subpoena, Dude Dangerous Ltd will promptly notify the customer whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, Dude Dangerous Ltd 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. Dude Dangerous Ltd reserves the right to charge an administration fee to the customer by charging the Payment Method the customer has on file with Dude Dangerous Ltd.
Fees for Subpoena Compliance

Dude Dangerous Ltd 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 Dude Dangerous Ltd invoice. Checks should be made out to Dude Dangerous Ltd.

Dude Dangerous Ltd’s subpoena compliance costs are as follows:

Research - $150.00/hour
Federal Express - Cost as Billed
Copies - $.25/page

Treatment of Confidential Information

Documents and information produced by Dude Dangerous Ltd in response to a subpoena may contain confidential, proprietary, trade secret, and/or private information that warrants special protection from public disclosure. Any such documents will be designated “CONFIDENTIAL” by a stamp affixed to the documents at issue, and must be given confidential treatment by all persons and entities that access them. Confidential treatment includes the following:

First, access to CONFIDENTIAL documents must be limited to the parties in the underlying action pursuant to which the subpoena was served, their agents, and the court and its personnel. Documents designated as CONFIDENTIAL may be used during the deposition of a witness in the underlying action to whom disclosure is reasonably necessary, provided that any deposition testimony related to CONFIDENTIAL documents or portions thereof is designated “CONFIDENTIAL” and afforded treatment in the manner required by this provision.

Second, CONFIDENTIAL documents must not be filed in the public record absent a reasonable attempt to ensure the filing of such documents, and any references thereto, under seal. A party that seeks to file any motion, brief, or other document that attaches or refers to any CONFIDENTIAL document or portion thereof must take the steps necessary to request a court order sealing the CONFIDENTIAL information at issue. If the court denies a motion to seal made pursuant to this Subpoena Policy, the party may file the document(s) at issue normally, unless otherwise instructed by the court.

Third, CONFIDENTIAL documents produced in response to a subpoena may not be used for any purpose other than prosecuting or defending the action in which the subpoena is served, and must be destroyed within sixty (60) days after the final disposition of the underlying action. The person or entity that submits the subpoena is responsible for ensuring that each person or entity to whom any CONFIDENTIAL documents were made available complies with this requirement.

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