JEFFREY M. KELLNER
Chapter 13 Standing Trustee
Website Access Agreement
This Agreement is
made and entered into by and between Jeffrey M. Kellner,
Chapter 13 Standing Trustee (hereinafter referred to as TRUSTEE), and (print
or type name of individual user, NOT name of company or law firm)
_______________________ hereinafter referred to as USER.
The Trustee is the duly
appointed Chapter 13 Standing Trustee for the Southern District of Ohio of the
Western Division at
The User desires Internet
access to view and inspect these selected files in a case in which User is
either the debtor’s case attorney, a creditor in the case or an attorney for a
creditor in the case.
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 will 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 modifications 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 the records, data or information obtained through the Internet
access for the purpose of solicitation, sell 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 records and data for
which access is 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. Conditions For Use
And Access
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Equipment And Connections - The User shall obtain and supply, at it's sole cost, all |
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equipment, including computer, peripherals, modems, software and connections and |
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shall be responsible for and pay any and all other fees or costs necessary to implement |
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this agreement. |
5. Term of Agreement - This Agreement shall continue until
such time as it is terminated pursuant to the provision in the following
subsection.
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 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 Trustee.
8. 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.
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Restriction on Use - This Agreement is between the Trustee, and the User |
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as an individual. The User may permit Internet Access under this Agreement to |
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the other persons who are in the employ of User, co-worker of the User |
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or a member of the User's law office, but only if the employee, co-worker or member |
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is located within the same business premises as 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 part of this Agreement. This Agreement may not be amended or
modified, except in writing, and signed by all parties.
10. Disclaimers And
Limitations of Liability
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No Warranties - The Trustee hereby expressly disclaims any express or implied |
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warranties of the software program, computer equipment or computer, and User |
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hereby expressly assumes all risks related to the use and access provided under |
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this Agreement. |
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No Representations Concerning Accuracy Or Completeness Of Records - |
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The Trustee hereby expressly disclaims any representation or assurance concerning |
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the accuracy, completeness or substantive nature of any data to which access is |
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being provided and User hereby acknowledges this disclaimer and waives any |
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claim or reliance upon such representations or assurances. |
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C. |
No Liability For Errors Or Failures - The Trustee shall not be liable in any manner |
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under this Agreement for any error, inaccuracy or incomplete information contained |
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in the records for which access is provided, and User hereby expressly releases |
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the Trustee from any claim, demand or suit arising from or as a result of any error, |
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inaccuracy, or incomplete information. |
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Further, the Trustee shall not be liable in any manner under this Agreement for any |
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failure, malfunction or other delay, inconvenience, or inability of the computer system, |
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software or equipment, and User hereby expressly releases the Trustee from any |
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claim, demand, or suit arising from or as a result of any such failure, malfunction or |
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other delay. |
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D. |
No Warranty As To Current Data Or Information - The data and information available |
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in the Trustee's records is as current as possible, depending on work flow, holidays, |
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weekends, restraints on the Trustee, and any elements or factors outside the control |
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of the Trustee. |
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Payoff balances are only approximated due to the aforementioned conditions, recent |
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receipts or disbursements, claim changes, court orders, accruing interest or specific |
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plan provisions. Exact plan payoff amounts should be obtained through the Trustee's |
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Office by specific written requests. |
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E. |
Admissibility As Evidence - The Trustee makes no representation that the data and |
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information available by accessing the Trustee's Website will be admissible in Court |
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as a Hearsay exception pursuant to Rule 803 of the Federal Rules of Evidence. |
11. Monitoring of Access
- The Trustee will monitor the access by User, including but not limited to
dates, times, location and user.
__________________________________________________
12. Acceptance of
Specific Rules - The User specifically agrees to the following Rules
Rules for Use of Dayton Chapter 13 Web Site
(a) A Website Agreement
must be submitted to the chapter 13 trustee and the approval of the trustee
obtained.
(b) At the time of the
request, the requesting person must be either an attorney for a debtor in a pending
case, an attorney for creditor in a pending case, a creditor in a pending case,
a bankruptcy trustee or a court official.
(c) An e-mail address
must be provided to the trustee.
(d) Every six months,
the trustee will change the User name and the Password. Each User will be
notified by e-mail of the prospective date of the access change and the User
will be required to notify the trustee in writing reaffirming the Website
Agreement with any amendments and that they are still the attorney for a debtor
or creditor in a pending case, a creditor in a pending case, a bankruptcy
trustee or a court official.
(e) Access will be
revoked if the User gives the User name or password to a third person.
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User shall fax or mail a copy of this signed and dated Agreement to the attention of Tim Ledford, Systems |
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Manager, for the Trustee. Upon receipt and approval by the Trustee, a copy of this page of this Agreement |
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will be faxed or mailed to User along with a log-in and password. |
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(Please print or type all information) |
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Enter User's Name: |
_____________________________________________________ |
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Title: |
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Enter Company Name: |
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Address: |
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City, State, Zip: |
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Phone Number of User: |
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Fax Number of User: |
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E-Mail Address of User: |
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____I am the attorney for |
________________________ a debtor in Case No.__________________ |
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____I am the attorney for |
________________________ a creditor in Case No._________________ |
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____I am a creditor in the case of |
____ a debtor in Case No.__________________ |
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____I am a bankruptcy court official |
in (name of court)_____________________________________________ |
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____I am a trustee in bankruptcy. |
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Signature and Date:
_________________________________________________________
________________________
Mail/Fax to the
attention of:
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Tim Ledford, Systems Manager |
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Jeffrey M. Kellner, Trustee |
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131 N. Ludlow St. |
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Dayton, OH 45402-1161 |
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(Fax 937-222-7383) |
______________________________________________________________________________
Chapter 13 Use Only
User
I.D.: _________________________
User
Password: _________________________
Date
Processed: _________________________
Jeffrey M. Kellner
Standing Trustee
By:__________________________________________
Tim Ledford, Systems Manager