InvestorsHub.com
Subpoena Policy
InvestorsHub.com, Inc. ("iHub") will release user account information that may be
sufficient to identify the member only to comply with a valid legal process such
as a search warrant, subpoena or court order. If you are seeking such identity or
account information in connection with a civil legal matter you must serve iHub
with a valid subpoena.
Service for all properly issued subpoenas should be made upon our registered agent:
InvestorsHub.com, Inc.
c/o Corporation Service Company
1201 Hays Street
Tallahassee, FL 32301
In addition to serving our registered agent, sending an electronic version of the
subpoena and related documents by email to legal@investorshub.com
will often result in a more timely response.
Subpoenas issued by Federal Regulatory and Law Enforcement Agencies
iHub will comply with US government issued subpoenas to the extent that they are
not unduly burdensome or unreasonably invasive of our members' privacy. The subpoena
should identify the specific account information requested, the member(s) alias
(pseudonym) and sufficient information to identify the post(s) subject to the subpoena.
Please contact legal@investorshub.com
or our registered agent for questions regarding appropriate framing of subpoena
requests.
If the issuing officer does not wish the named member account(s) to be notified
prior to production, the subpoena should specify that it is issued pursuant to a
confidential or criminal investigation.
Subpoenas issued in other matters
Subpoenas for member account information must be issued by or domesticated through
a court holding jurisdiction over iHub. iHub's Registered Agent is located in Tallahassee,
Florida and we accept service from the United States District Courts for Florida.
For applicable requirements governing the issuance of foreign state subpoenas or
federal subpoenas in these jurisdictions, please refer to http://www.law.cornell.edu/rules/frcp/.
iHub will release user account information that may be sufficient to identify the
InvestorsHub member only when the party seeking the information has filed a bona
fide legal action that implicates the iHub member in some legal impropriety or wrongdoing
or can show that the information requested is material to the underlying case. In
other words, we don't produce on subpoenas engaged in "fishing expeditions". Persons
seeking user account information must provide iHub with a copy of the complaint
and supporting documentation to indicate how the iHub account holder is related
to the pending litigation. iHub will determine at its sole discretion the applicability
of this policy to any particular subpoena. This policy does not create any enforceable
legal rights, either for InvestorsHub.com members or for requesting parties.
Upon receipt of a subpoena and initial review of its legal sufficiency, iHub will
attempt to notify the member(s) whose account information is being sought. Any subpoena
must allow a minimum of twenty (20) days in order to allow named members the opportunity
to move to quash the subpoena.
Cost Reimbursement
To defer the cost to iHub of compliance, payment of the following minimum fees is
required for all subpoena, court order and warrant requests, except for child pornography
or endangerment investigations. An estimate of fees will be provided prior to commencement
of production. iHub reserves the right to require payment in advance of preparation
of production materials.
|
Cost
|
Item / Action
|
|
$50*
|
Basic account information (per account)
|
|
$75*
|
Basic account information - expedited handling (per account)
|
|
$125/hour*
|
Development costs for custom applications required for extraordinary production
requests, if any
|
|
$150/hour
|
iHub legal counsel, if required
|
|
As incurred
|
Courier charges, if any
|
|
* There is no charge for child pornography or endangerment investigations.
|
From 18 U.S.C. § 2706:
"...a governmental entity obtaining the contents of communications, records, or
other information... shall pay to the person or entity assembling or providing such
information a fee for reimbursement for such costs as are reasonably necessary and
which have been directly incurred in searching for, assembling, reproducing, or
otherwise providing such information. Such reimbursable costs shall include any
costs due to necessary disruption of normal operations of any electronic communication
service or remote computing service in which such information may be stored."
iHub may choose to waive fees for federal government issued subpoenas that do not
require extraordinary costs for production.
Additional Information
Questions regarding subpoenas should be directed to
legal@investorshub.com or our registered agent as shown above. Registered
members can also send a private message to IH Admin
with general questions.
FAQ: General Questions About iHub lists some common questions from iHub
members regarding subpoenas.
Information regarding threats of litigation against iHub
iHub welcomes and encourages constructive input from our user community, however;
we do not welcome disruptive or non-constructive communications, or attacks on iHub
itself or our staff. Members who find themselves unable to refrain from attacking
iHub and/or its staff, including but not limited to 1) threats of reporting us to
[insert list of the usual "name dropped" agencies here], 2) threats of litigation,
3) promises of ensuring our demise, 4) accusations of criminality, conspiracy, or
any other alleged violation of law, or 5) vulgar or abusive PMs should avail themselves
of their prerogative to cease using the site immediately as we have no interest
in hearing it. Those unwilling or unable to respect these guidelines will be asked
to refrain and, failing that, will be shown to the exit.
Before making unenlightened threats of litigation, please be advised as follows:
InvestorsHub does not screen user posted content, nor do we determine veracity of
such content for the very simple reason that we are not in a position to do so.
Assertions that certain posts are libelous, defamatory or fraudulent are matters
of opinion. In order for such characterizations to be used as the basis for removal
of user posted content we typically require a ruling from a court of competent jurisdiction
finding them to be such.
Should you choose to seek injunctive or other relief please be reminded that any
such action should be brought against individual poster(s). Under the provisions
of United States
federal statute 47 USC 230, no cause of action may be brought and no liability
may be imposed on message board operators for third party content. Please be advised
that should any such action be brought against InvestorsHub.com, Inc., we can and
will file a motion for reimbursement of resulting legal expenses and such additional
sanctions as the court may allow.
In the event that you wish to seek remedy from the individual poster(s), we require
a valid subpoena as described above prior to releasing user registration and account
information. If a qualifying subpoena is issued, please allow sufficient time for
us to attempt to notify the account holder(s) so they will have an opportunity to
seek a quash from the court, should they choose to do so.