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Wednesday, 03/13/2013 1:38:55 AM

Wednesday, March 13, 2013 1:38:55 AM

Post# of 46
InvestorsHub.com

Subpoena Policy

InvestorsHub.com, Inc. ("iHub") will only release user account information with 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. This information can only be obtained by a properly issued subpoena served 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

Dig4 your world is about to get real small your slanderous cockroach.

In most instances, iHub will comply with lawfully issued U.S. and state government 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 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.

And Bear=L the cable guy, your next pal.

Subpoenas issued in other matters

Proper Jurisdiction

Subpoenas for member account information must be issued by or domesticated through a court having personal 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 and can show that the information requested is material to the underlying case. In other words, we don't produce user account information based 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 search 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) predictions of our sudden 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 from such conduct 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 U.S.C. § 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.

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