Website Access Agreement
for Creditors
Laurie K. Weatherford
Chapter 13 Trustee
Middle District of
This Agreement
entered into by and between Laurie K. Weatherford, Chapter 13 Trustee
(hereinafter referred to as "Trustee" and
___________________________________________________
(hereinafter referred to as "User").
WHEREAS, The
Trustee is a duly appointed Chapter 13 Trustee for the Orlando Division of the
Middle District of Florida. As such, she has a statutory duty to make
information regarding the estate and the estate's administration available to
parties-in-interest who request such information (see 11 U.S.C. § 704(7), as
made applicable by 11 U.S.C. § 1302(b)(l)). The
Trustee posts certain Chapter 13 case information (hereinafter "Chapter 13
Data") on the Internet at www.13network.com (hereinafter "13Network").
WHEREAS,
User desires access to 13Network to view Chapter 13 Data for cases administered
by Trustee.
THEREFORE, in
consideration of the mutual promises and covenants contained in this Agreement
and the satisfactory performance of all conditions stated, the Parties hereby
agree as follows:
1.
ACCESS TO 13NETWORK - User is hereby granted access to the Trustee's site on 13Network to
review Chapter 13 Data for Chapter 13 cases in which it appears as a
party-in-interest.
2.
LIMITATIONS ON USER'S ACCESS AND USE OF CHAPTER 13 DATA
FROM 13NETWORK.
A. Permitted Uses. User certifies and warrants that it will
only access and review Chapter 13 Data from 13Network in connection with the
lawful assertion or collection of a claim User alleges against a Chapter 13
bankruptcy estate. Lawful collection efforts include User's proposed or actual
sale of bankruptcy claims to a third-person, and User's purchase of bankruptcy
claims from a third-person.
B. Authorized Persons. User shall employ and maintain
adequate security procedures to protect the confidentiality of Chapter 13 Data
obtained from 13Network, meaning that User shall ensure that only employees or
other persons, including agents and attorneys, who are expressly authorized by
User to use such Chapter 13 Data, and who have a legitimate need to access such
Chapter 13 Data in performing duties for User, will have access to Chapter 13
Data obtained from 13Network (hereinafter "Authorized Persons").
C. User Database. User may use the Chapter 13 Data to
establish and maintain a database that is accessible only by User or Authorized
Persons and that is only used for purposes consistent with this Agreement. User
also agrees that it will not, either directly or indirectly, compile, store,
maintain or use the Chapter 13 Data to build a database that is accessible by
persons other than User or that is used for purposes that are inconsistent with
this Agreement.
D. Limitation
on Taking Legal Action Based on Chapter 13 Data. 13Network only contains
limited facts regarding a Chapter 13 case, and 13Network shall not be used to
draw legal conclusions regarding a Chapter 13 case (i.e., the debtor is
delinquent or the debtor has violated a stipulation or order). Therefore, User
shall not take any legal action against a Chapter 13 debtor or Chapter 13
Trustee, including the filing of any motion, pleading or other legal document
or paper, based solely on information obtained from 13Network.
E. Prohibited
Uses of Chapter 13 Data. User shall not use Chapter 13 Data from 13Network
for any of the following purposes:
Accessing
any Chapter 13 Data for a bankruptcy case in which User is not a party-in-interest;
Obtaining
or using Chapter 13 Data in connection with potential credit extensions,
insurance, employment, or the offering of other goods or services to a Chapter
13 debtor;
Obtaining
or using Chapter 13 Data for marketing, solicitations, advertising or similar
purposes regarding a Chapter 13 debtor;
Obtaining
or using Chapter 13 Data for a purpose prohibited by law.
3.
EQUIPMENT AND CONNECTIONS - While there is no fee for User to access 13Network,
User shall be solely responsible to supply all equipment, software,
connections, fees, and other costs necessary for User to access 13Network over
the Internet.
4.
TERMINATION - This
Agreement shall continue until terminated. Either party may terminate this
Agreement at any time without cause and without notice.
5.
INDEMNIFICATION
- User hereby agrees to indemnify the Trustee and to hold Trustee harmless from
any claims, demands, or costs of any kind arising out of or relating to any act
or failure regarding User's access to 13Network.
6.
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 without the written consent of the Trustee.
7.
ENTIRE AGREEMENT
- This Agreement, together with any rules or procedures accepted by User on the
13Network web site, 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 a writing
that is signed by all parties.
8.
DISCLAIMERS ANDLIMITATIONS OFLIABILITY:
A. No
Warranties - The Trustee hereby disclaims any expressed or implied
warranties of 13Network and the Chapter 13 Data, and User hereby expressly
assumes all risk related to the use and access of 13Network 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 the
Chapter 13 Data on 13Network. 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 Chapter 13 Data posted
on 13Network. 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 Internet or 13Network. 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 The Chapter 13 Data - The Chapter 13 Data on 13Network is
as current as possible depending on the work flow, holidays, weekends, and any
other factors that may delay the posting of Chapter 13 Data on 13Network.
Payoff
balances are only approximated due to many conditions including recent receipts
or disbursements, changes to allowed claims, court orders, or accruing
interest. Exact payoff amounts can only be obtained by the debtor through a
specific written request to the Trustee.
Delinquency
calculations for the Trustee's cases on 13Network are unreliable until the
Court enters a Confirmation Order in the case, and User shall not rely on such
information for any purpose.
E. Admissibility
as Evidence - The Trustee makes no representation that the Chapter 13 Data
on 13Network will be admissible in court under the hearsay exception of Rule
803 of the Federal Rules of Evidence.
F. Login
ID And Password - User shall forward an original of this completed, signed
and dated Agreement to the attention of Mark Cooper, Systems Manager for the
Trustee, at the address set forth below. Upon receipt, the Trustee will review
the Agreement and, if appropriate, promptly execute the Agreement and send User
a copy of the signature page containing User's assigned Login ID and Password
(see last page).
DIRECTIONS: Please
complete and return this page to us. We cannot set you up for internet access
without this information. Only one User ID will be issued per office. It is
advisable that you keep your password confidential.
REQUIRED INFORMATION:
(Please print clearly or type)
COMPANY NAME:
________________________________________________________________________________________
USER NAME:
_____________________________________________________________________________________________
TITLE:
___________________________________________________________________________________________________
ADDRESS:
_______________________________________________________________________________________________
ADDRESS: _______________________________________________________________________________________________
CITY/STATE/ZIP:
_________________________________________________________________________________________
PHONE NUMBER: __________________________________________
FAX NUMBER: __________________________________________
*E-MAIL ADDRESS:
________________________________________________________________________________________
AUTHORIZED USER SIGNATURE:
_____________________________________________________________________________
DATE: ______________________________________________________
* Inclusion of e-mail
address authorizes its use for official communication.
ADDITIONAL CREDITORS AND ADRESSES
(Please use additional page if necessary)
__________________________________________________________________________________________________________
__________________________________________________________________________________________________________
__________________________________________________________________________________________________________
__________________________________________________________________________________________________________
Mail to the Office of: Laurie
K. Weatherford
Chapter
13 Trustee
Attn:
Mark Cooper
Please include a self
addressed, stamped envelope to ensure the timely return of your ID and
password. Thanks!
Authorized by:
_______________________________________________________ Date: _____________________________
Mark Cooper, Systems Manager, Chapter 13 Trustee -
Orlando
User ID:
_____________________________________ User
Password: _________________________________