Website Access Agreement
This agreement is made and entered
into by and between Tom Vaughn, Chapter 13 Standing Trustee (hereinafter referred to as a
TRUSTEE), and __________________________________(enter name of user) (hereinafter referred
to as the USER). The TRUSTEE will provide service consisting of access to certain
administrative and case data maintained by the TRUSTEE. The service and
website are available to debtor(s) assigned to the TRUSTEE, their creditors, attorneys, or
creditor representative.
The Trustee is a duly appointed Chapter 13 Standing Trustee for the Nothern District of Illinoise, vested with the duties as set forth in 11 U.S.C. Section 1302(b), including the duty to furnish information concerning debtors’ estates and the administration of these estates. The Trustee maintains records and files in computerized form. The Trustee permits approved internet access to the user for the purpose of viewing and inspecting files of debtors for selected information regarding receipts and disbursements of funds.
The User desires Internet access to
view and inspect these selected files.
THEREFORE, in consideration of the
mutual promises and covenants contained in this agreement and the satisfactory performance
of all conditions stated, the Parties agree that:
1. INTERNET ACCESS TO RECORDS
– The User shall be entitled to and the Trustee shall provide internet access to
selected records and data maintained by the Trustee.
2. LIMITATIONS ON ACCESS AND USE
– User hereby acknowledges and agrees to Internet Access.
PURPOSE – Shall be for the sole purpose of viewing
and inspecting the selected data and records under the control and custody of the Trustee,
and User shall neither make nor attempt to make any data entry changes or modification to
any record or data.
USE - Is provided solely for the use of User in
User’s business. User hereby expressly agrees that it will not use nor allow the use
of records, data or information obtained through the Internet access for the purpose of
solicitation or any other use or practice not specifically permitted by this agreement
MANNER – Will be accessed and used by User only in
the manner expressly authorized and permitted by the Trustee. User agrees that it will
neither use nor permit use of the Website in any manner or for any purpose which is not
authorized by the Trustee or which is unlawful or which is likely to cause damage or
disrepair to the equipment, software, records or Website of the Trustee
3. CUSTODY AND CONTROL OF RECORDS
– User hereby expressly acknowledges and agrees that the record and data for which
access if provided under this Agreement are and shall remain records under the control and
custody of the Trustee, and access is provided only under the direct supervision of the
Trustee, pursuant to the terms of this agreement and all reasonable and necessary rules
and procedures adopted by the Trustee.
User, further, expressly acknowledges
and agrees that while accessing, viewing and using the Trustee’s selected records,
the User shall be under the same duties, responsibilities, and obligations as the Trustee
to protect and carefully keep and preserve the records, subject to the same penalties for
any violation of those duties and obligations.
4. EQUIPMENT AND CONNECTIONS
5. TERM OF AGREEMENT –This
agreement shall continue until such time as it is terminated pursuant to the provision in
the following subsection.
6. IDEMNIFICATION – User
shall and hereby agrees to indemnify the Trustee for, and to hold Trustee harmless from
any claims, demands, suits, damages or costs, of any kind, arising out of or relating to
use and access provided under this Agreement, caused or claimed to be caused by any act or
failure of User.
7. ASSIGNMENT OR SUBCONTRACT
– This agreement shall not be assigned nor shall Any use or access provided under
this Agreement be subcontracted, co-opted or allowed to any other person, firm or other
legal entity without the express written consent of the Trustee, and such consent may be
conditioned upon such terms and conditions as the Trustee may reasonably require.
8. ENTIRE AGREEMENT –
This Agreement, together with any rules or procedures adopted by the Trustee shall
constitute the entire Agreement between the parties, and User hereby expressly
acknowledges that it is not relying upon any other representations or agreements not
expressed in writing as a part of this Agreement. This Agreement may not be amended or
modified, except in writing, and signed by all parties.
DISCLAIMERS AND LIMITATIONS OF LIABILITY:
A. NO REPRESENTATIONS CONCERNING ACCURACY OR COMPLETENESS OF
RECORDS – The Trustee hereby expressly disclaims any representation or assurance
concerning the accuracy, completeness or substantive nature of any data to which access is
being provided and User hereby acknowledges this disclaimer and waives any claim or
reliance upon such representations or assurances.
B. NO LIABILITY FOR ERRORS OR FAILURES – The Trustee
shall not be liable in any manner under this Agreement for any error, inaccuracy or
incomplete information contained in the records for which access is provided, and User
hereby expressly releases the Trustee from any claim, demand or suit arising from or as a
result of any such error, inaccuracy or incomplete information.
The Trustee shall not be liable in any manner under this
Agreement for any failure, malfunction or other delay, inconvenience, or inability of the
computer system, software or equipment, and User hereby expressly releases the Trustee
from any claim, demand, or suit arising from or as a result of any such failure,
malfunction or other delay.
C. NO WARRANTY AS TO CURRENT DATA OR INFORMATION – The
data and information available in the Trustee’s records is as current as possible,
depending on work flow, holidays, weekends, restraints on the Trustee, and any elements or
factors outside the control of the Trustee.
Payoff balances are only approximated due to the aforementioned
conditions, recent receipts or disbursements, claim changes, court orders or accruing
interest. Exact pay off amounts should be obtained through the Trustee’s Office by
specific written request.
D. ADMISSIBILITY AS EVIDENCE – The Trustee
makes no representation that the data and information available by accessing the
Trustee’s Website will be admissible in Court as a Hearsay exception pursuant to Rule
803 of the Federal Rules of Evidence.
E. TERMINATION - The Trustee may terminate this Agreement, and/or User's rights of use and access to the Information and the Website at any time without notice if, in the Trustee's sole judgement, User is not using the Information or the Website in good faith, is misusing or abusing the Information or the Website or the access afforded thereto under this Agreement, or is in breach or violation of any of the terms or provisions of this Agreement.
Tom Vaughn, Trustee
200 S. Michigan Ave #1300
Chicago, IL 60604
(312)294-5900
fax (312)341-7168
PLEASE PRINT THIS WEB ACCESS AGREEMENT FOR YOUR RECORDS ONLY.
Internet Website: www.13network.com