INTERNET ACCESS AGREEMENT
Sabrina L. McKinney
Chapter 13 Acting Trustee
This agreement is made and entered into by and between Sabrina L. McKinney, Chapter 13 Acting Trustee (hereinafter referred to as "TRUSTEE"), and the User stated above (enter name of user if an individual, or corporate name) (hereinafter referred to as the "USER").
The Trustee is the duly appointed Chapter 13 Acting Trustee for the Middle District of Alabama, vested with the duties as set forth in 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 will permit Internet access ("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 in which it is a party in interest.
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:
Requested login: ________________________________________
Requested Password: _____________________________________
PURPOSE: The purpose of the Internet access 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: The Information is furnished by the Trustee, and shall be used by User, solely for internal informational purposes and only in connection with specific Chapter 13 bankruptcy cases in which the User is a party in interest or an agent or attorney of a party in interest. The Trustee shall have at all times the sole and exclusive right to custody and control of the Information. User shall not (a) use, or suffer any third party to use, the Information for any unlawful, tortuous or malicious use; or (b) use, or suffer any third party to use, the Information in connection with the sale or solicitation of sale of goods or services to or concerning any debtor, creditor, attorney or other person or party whose name, address or identity is first obtained from the Information.
MANNER. Internet access may be 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 Internet Access in any manner or for nay 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 or the company hosting the Website.
User expressly acknowledges and agrees that while accessing, viewing and using the Trustees 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.
User further expressly acknowledges and agrees that the Trustee may at any time exercise control over the Website and/or implement and enforce, without notice, such rules, regulations, guidelines and restrictions as it sees fit with respect to the use of and access to the Information by User, including the following:
Is comprised of data from the Trustees computerized database that has been transferred to an internet site, in general, one to four business days of the close of business on any given Chapter 13 business day, and may not, therefore, represent the most timely or complete information available to the Trustee;
Accordingly, the Trustee assumes no responsibility for the accuracy, completeness or timeliness of the Information and expressly DISCLAIMS ANY REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION AND WARRANTY OF FITNESS OF THE INFORMATION FOR ITS INTENDED PURPOSE. The Trustee expressly and specifically disclaims any responsibility or liability to user or any third party on account of loss or damage arising from any error or omission of any kind in the Information. User, therefore, acknowledges that it should not rely on the Information without independent verification from other sources from which it would customarily seek information where it not available hereunder (such as the Courts dockets, pleadings files, claims registers, etc.)
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. 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.
Payoff balances are only approximated due to the aforementioned conditions, recent receipts or disbursements, claim changes, court orders or accruing interest. Exact payoff amounts must be obtained through the Trustees office by specific written request.
TRUSTEE PLEASE DATE AND SIGN BELOW:
Executed this __________day of _______________, 20____.
Sabrina L. McKinney
Chapter 13 Trustee
Telephone: (334) 262-8371
|Company or Business Name||.|
|Name & Title of Each User||.|
of Each User or
After receipt of the signed and dated Internet Access Agreement, the Trustee will mail a copy of it to the User with the Login and Password.
Mail (no fax or email copies accepted) the original, completed Internet Access Agreement to:Sabrina L. McKinney Chapter 13 Trustee PO Box 173 Montgomery, AL 36101-0173
Sabrina L. McKinney
Chapter 13 Trustee
PO Box 173
Montgomery, AL 36101-0173