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 Dayton, vested with the duties as set forth in U.S.C. Section 1302(b), including the duty to furnish information to a party in interest 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 - but only in those cases where the User is either a debtor’s case attorney, a creditor in a case, an attorney for a creditor in a case, a bankruptcy trustee or a bankruptcy court official.

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

A.

Equipment And Connections -  The User shall obtain and supply, at it's sole cost, all

  

equipment, including computer, peripherals, modems, software and connections and

  

shall be responsible for and pay any and all other fees or costs necessary to implement

  

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.

A.

Restriction on Use - This Agreement is between the Trustee, and the User

  

as an individual.  The User may permit Internet Access under this Agreement to

  

the other persons who are in the employ of User, co-worker of the User

  

or a member of the User's law office, but only if the employee, co-worker or member 

 

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

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 risks 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 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, accruing interest or specific

 

plan provisions.  Exact plan payoff amounts should be obtained through the Trustee's

 

Office by specific written requests.

  

  

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.

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.

User shall fax or mail a copy of this signed and dated Agreement to the attention of Tim Ledford, Systems

Manager, for the Trustee.  Upon receipt and approval by the Trustee, a copy of this page of this Agreement

will be faxed or mailed to User along with a log-in and password.

(Please print or type all information)

 

Enter User's Name:

_____________________________________________________

  

  

Title:

 

  

  

Enter Company Name:

 

  

  

Address:

 

  

  

City, State, Zip:

 

  

  

Phone Number of User:

 

  

  

Fax Number of User:

 

  

  

E-Mail Address of User:

 

  

  

____I am the attorney for

________________________ a debtor in Case No.__________________

  

  

____I am the attorney for

________________________ a creditor in Case No._________________

  

  

____I am a creditor in the case of

____ a debtor in Case No.__________________

  

  

____I am a bankruptcy court official

in (name of court)_____________________________________________

  

  

____I am a trustee in bankruptcy.

  

 

Signature and Date: _________________________________________________________

                              ________________________

Mail/Fax to the attention of:

Tim Ledford, Systems Manager

Jeffrey M. Kellner, Trustee

131 N. Ludlow St.

Dayton, OH 45402-1161

(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