William F. Jaworski, Jr.
Chapter 13 Standing Trustee
Website Access Agreement
(
For Attorneys
and Creditors ONLY
- Debtors click
here
)
The
Trustee, William F. Jaworski, Jr.
(hereinafter referred to as a TRUSTEE), is a duly appointed Chapter 13
Standing Trustee for the District of Delaware, 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 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.
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.
INDEMNIFICATION –
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.
By submitting this Application,
I declare that I have read and accept the terms of this Website Access
Agreement.