Daniel H. Brunner
Chapter 13 Standing Trustee
Website Access Agreement
This agreement is made and entered into by
and between Daniel H. Brunner, Chapter 13 Standing Trustee (hereinafter referred
to as a TRUSTEE), and __________________________________(enter
name of user) (hereinafter referred to as the USER).
The Trustee is a duly appointed Chapter 13
Standing Trustee for the Eastern District of Washington, 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 to those who are a party in interest to a specified
case. Your creditor number assigned by
the Trustee Office restricts access to the records.
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. 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. 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.
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.
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 pay off 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 mail a
copy of this signed and dated Agreement to the attention of Dale Franzen,
Systems Administrator for the Trustee. Upon receipt, Trustee will promptly
enter your user name and password into the system. A copy of this agreement will not be mailed
back to you, so remember to write down your login and password.
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Enter Company Name: |
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Enter Contact Name: |
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Title: |
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Address: |
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City, State Zip |
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Phone Number of Contact: |
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Fax Number of Contact: |
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E-Mail Address of Contact: |
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Signature and Date: |
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List all F/K/A and DBA. PLEASE NOTE: MAKE SURE TO FILL IN THIS
SECTION OR ATTACH A SEPARATE SHEET (IF NECESSARY) IDENTIFYING ALL NAMES YOUR FIRM
OR COMPANY IS DOING BUSINESS AS OR IF YOU REPRESENT A CREDITOR PLEASE LIST ALL
THE CREDITORS YOU REPRESENT. YOUR ACCESS
TO CASES ON THE SYSTEM IS RESTICTED TO THOSE IN WHICH YOU ARE A PARTY IN
INTEREST BY YOUR TRUSTEE ASSIGNED CREDITOR NUMBER.
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Mail
to attention of: |
Dale Franzen |
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Daniel H. Brunner, Trustee |
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Or fax to: |
(509) 623-2126 |
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Internet Website: www.13network.com
What would you
like your login to be?
Login:_____________________ (no more than 8 characters) Password:_________________ (no more than 8 characters)