Timothy P. Branigan
Chapter 13 Standing Trustee
Website Access Agreement
This agreement is made and entered into by and
between Timothy P. Branigan, Chapter 13 Standing Trustee (hereinafter referred to as a
__________________________________________(enter name of user) (hereinafter referred to as the USER).
The Trustee is a duly appointed Chapter 13 Standing Trustee for the District of Maryland, Greenbelt Division. The Trustee maintains records and files concerning the Chapter 13 cases administered by his office. The Trustee permits Internet access to certain of his computerized records.
The User desires Internet access to view the available information.
THEREFORE, in consideration of the mutual promises and covenants contained in this agreement, the Parties agree that:
|1.||The Trustee will provide and the User will have Internet access to selected records and information maintained by the Trustee ("Access").|
|2.||The User represents that User is (a) a creditor, (b) a debtor, or (c) an attorney representing creditor(s) and/or debtor(s), and so has legitimate standing as a party in|
|interest or an attorney for a party in interest with respect to cases administered by the Trustee. Internet Access is provided, and will be employed by User solely to|
|facilitate User's reasonable business purposes a party in interest. User expressly agrees that it will not use or allow the use of information from the Trustee's records|
|for solicitation or any other purpose not specifically permitted by this Agreement.|
|3.||User will ensure the security of access to the Trustee's records. Access is provided for the User only. User agrees that it will not sell, lease or otherwise|
|distribute its Internet Access or information obtained through its Internet Access to any other party. User agrees to limit dissemination of its log-in and password|
|only to those employees whose employment duties require access. Should employee terminations or other factors or events in the User's organization jeopardize|
|the security of User's Access, User will notify the Trustee and request a new login and password.|
|4.||User is solely responsible for providing and maintaining its own equipment, software, and internet service needed to access the Trustee's website.|
|5.||The Trustee or the User may terminate the Agreement, at any time, for any reason whatsoever, without notice.|
|6.||This Agreement, together with any operating rules or procedures adopted and communicated by the Trustee, constitute the entire agreement between the parties,|
|and the User expressly acknowledges that it is not relying on any other representations or agreements.|
|The User agrees to indemnify the Trustee against liability for any and all use of User's Access to the Trustee's record.|
|8.||DISCLAIMERS AND LIMITATION OF LIABILITY:|
|The Trustee expressly disclaims any express or implied warranties of any software program, computer equipment or computer.|
|NO REPRESENTATIONS CONCERNING ACCURACY, TIMELINESS OR COMPLETENESS OF RECORDS|
|The Trustee expressly disclaims any representation or assurance concerning the accuracy, timeliness, completeness or substantive nature of nay data to which|
|Access is being provided. The User acknowledges this disclaimer and waives any claim or reliance upon such representations or assurances.|
|NO LIABILITY FOR ERRORS OR FAILURES|
|The Trustee will not be liable in any manner for any error, inaccuracy or incomplete information contained in his records. The User expressly releases the Trustee|
|from any claim, demand or suit arising from or as a result of any error, inaccuracy, or incomplete information. Further, the Trustee will not be liable in any manner|
|for any failure, malfunction or other delay, inconvenience, or inability of the User's computer system, software, or equipment. The User expressly releases the|
|Trustee from any claim, demand or suit arising from or as a result of any such failure, malfunction or other delay.|
USER EXPRESSLY AGREES THAT ITS USE OF THE TRUSTEE'S INTERNET WEBSITE(S) IS AT USER'S SOLE RISK. NEITHER THE TRUSTEE NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR MAINTAINING THE WEBSITE(S) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE WEBSITE OR INABILITY TO USE THE WEBSITE.
Signed this________________day of_____________,___________.
TIMOTHY P. BRANIGAN, CHAPTER 13 TRUSTEE
|NAME OF USER:||_________________________________________________________|
|TITLE OF SIGNER:||_________________________________________________________|
|ADDRESS OF USER:||_________________________________________________________|
|SIGNATURE OF USER:||_________________________________________________________|