Web Site Access Agreement Template - Middle District Of Florida - Jacksonville Division
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Douglas W. Neway, Chapter 13 Trustee
Middle District of Florida – Jacksonville Division
This Agreement is entered into by and between Douglas W. Neway, 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 Jacksonville Division of the Middle District
of Florida. As such, he 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 the National Data Center ( ) hereinafter NDC.
WHEREAS, User desires access to NDC 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:
I.
ACCESS TO NDC - User is hereby granted access to the Trustee's site on NDC to review Chapter 13 Data
for Chapter 13 cases in which it appears as a party-in-interest.
II.
LIMITATIONS ON USER'S ACCESS AND USE OF CHAPTER 13 DATA FROM NDC
1.
Authorized Persons. User shall employ and maintain adequate security procedures to protect the
confidentiality of Chapter 13 Data obtained from NDC, 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 NDC (hereinafter "Authorized Persons").
2.
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.
3.
Limitation on Taking Legal Action Based on Chapter 13 Data. NDC only contains limited facts
regarding a Chapter 13 case, and NDC 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 NDC.
4.
Prohibited Uses of Chapter 13 Data. User shall not use Chapter 13 Data from NDC for any of the
following purposes:
A. Accessing any Chapter 13 Data for a bankruptcy case in which User is not a party-in-interest;
B. 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;
C. Obtaining or using Chapter 13 Data for marketing, solicitations, advertising or similar
purposes regarding a Chapter 13 debtor;
D. Obtaining or using Chapter 13 Data for a purpose prohibited by law.
III.
EQUIPMENT AND CONNECTIONS - While there is no fee for User to access NDC, User shall be solely
responsible to supply all equipment, software, connections, fees, and other costs necessary for User to access NDC
over the Internet.
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