Civil Subpoena Policy

HyperMart'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 HyperMart or one of its affiliates.

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

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

Upon the receipt of a validly issued civil subpoena, HyperMart 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, HyperMart 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.

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

HyperMart's subpoena compliance costs are as follows:

HyperMart 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. HyperMart'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.

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