KRISTIN Hurst
CHAPTER 13 TRUSTEE
WEBSITE ACCESS AGREEMENT
|
This agreement is made and entered into by and
between Kristin Hurst, Chapter 13 Trustee (hereinafter referred to as
TRUSTEE, and ______________________________ (enter name of user)
(hereinafter referred to as USER). 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. 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. 6. TERMINATION - This
Agreement may be terminated by either the Trustee or by the User, at any
time, for any reason whatsoever, without notice. 7. INDEMNIFICATION - 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.
9. 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 WARRANTIES - The Trustee
hereby expressly disclaims any express or implied warranties of the
software program, computer equipment or computer, and User hereby
expressly assumes all risk related to the use and access provided under
this Agreement. B. 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. C. 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.
Further, 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. D. 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 payoff amounts should be
obtained through the Trustee's Office by specific written request. E. 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. User shall forward an original of this signed
and dated Agreement to the attention of Timothy Carlisle, Systems
Manager for the Trustee. Upon receipt, Trustee will promptly sign and
return a copy of this page of the Agreement to User along with a login and
password.
Mail to: Office of the Chapter 13 Trustee P.O. Box 1907 Columbus, GA 31902
|
| Chapter 13 Use: | |
| Reference#: | _____________ |
| Received: | _____________ |
| Added: | _____________ |
| Tested: | _____________ |
| Mailed: | _____________ |
| Via: | _____________ |
| Last edited 11/24/03 |