TERMS AND CONDITIONS
ON-LINE INFORMATION SERVICES,
INC. (ON-LINE) agrees
to furnish certain online information database services herein specified and Customer
agrees to make payments as provided for herein and abide by the terms and conditions
of this Agreement.
1.
Each access of the service by Customer creates
a unique term of agreement and billing period and payment is required by credit
card or ACH for each use.
2.
The On-Line service (service) consists of
computing services, software and databases provided by On-Line.
These terms and any operating rules published over the Service constitute
the entire agreement between On-Line and Customer with regard to the Service and
supersede all prior arrangements.
3.
Upon notice published over the Service, On-Line
may modify this Agreement, the operating rules or prices.
On-Line may discontinue or revise any or all other aspects of the Service
at its sole discretion and without prior notice.
4.
Customer's right to use the Service is not
transferable and is subject to any limits established by On-Line.
5.
Customer is responsible for and must provide
all telephone and other equipment and services necessary to access the Service.
6.
Customer shall pay, in accordance with the
Billing Options selected above, any registration, validation or installation fees,
any hourly usage, minimum, communication, storage, and other charges at the rate
in effect for the billing period in which those charges are incurred, including,
but not limited to any purchases made through the Service, any premium and special
transaction charges and for any surcharges incurred while using any supplemental
networks or services other than the Service.
Customer shall pay all applicable sales and use taxes relating to Customer's use
of the Service. Customer shall be responsible
for all use of the Service accessed through Customer's password.
Customer further acknowledges that passwords are issued for a single Customer
location and sharing of passwords by multiple users shall result in the immediate
termination of service.
7.
If the payment method for your On-Line account is
by credit card or ACH and payment is not received by On-Line from the bank, card
issuer or its agents, you agree to pay all amounts due upon demand by On-Line. Each
time you use On-Line Services, or allow or cause On-Line Services to be used, you
agree and reaffirm that On-Line is authorized to charge your designated account
or card. Your bank or card issuer's agreement governs your use of your designated
card or account in connection with On-Line, and you must refer to such agreement
(not this Agreement) with respect to your rights and liabilities as an accountholder
or cardholder. You agree that On-Line may (at its option) accumulate charges incurred
during your monthly billing cycle and submit them as one or more aggregate charges
during or at the end of each cycle, and that On-Line may delay obtaining authorization
from your bank or card issuer until submission of the accumulated charge(s). This
means that accumulated charges may appear on the statement you receive from your
bank or card issuer. You agree that On-Line may submit charges for your usage fees
and monthly service fee (if applicable) each month, without further authorization
from you, until you provide prior notice (in accordance with On-Line's verification
procedures, as may be established by On-Line from time to time in its sole discretion)
that you have terminated this authorization or wish to change your designated card
or bank account. Such notice will not affect charges submitted before On-Line reasonably
could act on your notice. If you have any question regarding any charges that have
been applied to your account, you must contact On-Line’s Customer Service Department
within 30 days of the charge date. Failure to use your account will not be deemed
a basis for refusing to pay any charges submitted by On-Line in accordance with
this Agreement. On-Line reserves the
right to suspend or terminate your On-Line account without notice upon rejection
of any card charges or if your bank or card issuer (or its agent or affiliate) seeks
return of payments previously made to On-Line when On-Line believes you are liable
for the charge. Such rights are in addition to and not in lieu of any other legal
rights or remedies available to On-Line.
8.
Customer agrees to pay a late fee of $5.00
on any account upon which there is a prior balance due as of the billing date. Additionally,
customer agrees to pay a late charge of one and one-half percent per
month (eighteen percent per annum) on all unpaid balances outstanding more than
thirty days from initial billing date.
In the event Customer fails to make timely payments or otherwise breaches this Agreement,
Customer agrees to pay to On-Line, the actual costs of collection, including a reasonable
attorneys fee. TERMS ARE NET DUE ON
SERVICE REQUEST.
9.
Charges are made as follows:
(1) Customer agrees to pay the base search fee upon entering a name or case number. The base charge is incurred whether the
results show matching information or no matching information in the file.
In a name search, the base charge includes the name search results screen
and access to one matching case detail record.
In case number searches, the base charge includes access to the detail record for
that case. (2) A snapshot of previously
purchased detail records is available in customer history for a period of not less
than 30 days. The snapshot represents
the detail as viewed on the date of the search – not necessarily the detail as existing
in official court records at any point after the initial search.
Snapshots contained in customer history may be updated by paying an additional
search fee. (3) All documents shown as available may be purchased online by paying
the State mandated price for document copying.
The current price is $5.00 for the first 20 pages and 50 cents per page thereafter. The system calculates the price of documents
available and displays the amount before charges are incurred. (4) Case monitoring
services provide email notification to the Customer anytime there is a change affecting
the Case Action Summary in the selected court case.
The listed price includes case monitoring for the life of the case.
The case is deemed complete when a date has been entered by the court into
the court action date field plus 42 days. (5)
AlacourtACCESS™ has been created as an on-demand tool for access to the detail
records of a specific case. Therefore,
Customer is charged an additional base search charge for each additional case detail
record retrieved. Volume discounts
for multiple case detail accesses exist as part of the Alacourt.com subscriber access
service provided by the State of
Alabama
at
www.alacourt.com .
(6) In order to purchase documents in a case, Customer must first purchase the
case detail. Thereafter, additional
charges, as shown above, apply to documents purchased.
Once the detail record has been purchased and the snapshot remains in the
Customer history file, Customer may return to that case and purchase later documents
without incurring a new search charge for the detail record.
10.
CUSTOMER EXPRESSLY AGREES THAT USE OF THE
SERVICE AND THE MATERIAL THEREIN AND STORAGE OF INFORMATION WHICH APPEARS IN THE
SERVICE IS AT CUSTOMER'S SOLE RISK.
NEITHER ON-LINE NOR ANY OF ITS LICENSORS, EMPLOYEES OR AGENTS WARRANTS THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES ON-LINE OR ANY OF ITS LICENSORS,
EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE
USE OF THE SERVICE. THE SERVICE IS
DISTRIBUTED ON AN "AS-IS" BASIS WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
NEITHER ON-LINE, NOR ANYONE INVOLVED IN CREATING, PRODUCING OR DELIVERING
THE SERVICE SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF
ANY BREACH OF WARRANTY. THE PROVISIONS
OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
LICENSORS INCLUDES THE ADMINISTRATIVE OFFICE OF COURTS, THE ADMINISTRATIVE
DIRECTOR OF COURTS, AND ALL UJS PERSONNEL.
11.
CUSTOMER EXPRESSLY AGREES AND UNDERSTANDS
THAT ALL PUBLIC INFORMATION DATABASES FURNISHED BY ON-LINE REPRESENT DUPLICATIONS
OF OFFICIAL RECORDS AND ARE MAINTAINED AND MADE AVAILABLE FOR CONVENIENCE PURPOSES
ONLY. THE OFFICIAL PUBLIC RECORDS EXIST
ONLY IN THE OFFICES OF APPROPRIATE PUBLIC OFFICIALS.
ON-LINE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE PUBLIC INFORMATION
CONTAINED WITHIN ITS DATABASES. ANY
LEGAL OR BINDING ACTIONS SHOULD BE BASED SOLELY UPON APPROPRIATE CHECKS OF OFFICIAL
PUBLIC RECORDS.
12.
CUSTOMER AGREES TO INDEMNIFY ON-LINE AND
HOLD IT HARMLESS FROM CLAIMS OF ANY NATURE BY ANY PARTY WHICH ARISE AS A RESULT
OF CUSTOMER'S USE OF SERVICE.
13.
Except as expressly permitted in the operating
rules, Customer may not commercially exploit or reproduce, redistribute, retransmit,
publish, or otherwise transfer any information which Customer receives through the
Service or supplemental to the Service. Customer agrees to comply with all Federal,
State and local laws, rules and regulations, including, but not limited to, the
Fair Credit Reporting Act. It is expressly a violation of this agreement to use
the service to conduct successive case retrieval in an effort to build a database
of cases duplicating all or part of the records maintained by the State of
Alabama Court System
.
14.
This Agreement is, and shall be governed by and in accordance with the laws of the
State of
Alabama
. Any cause of action of Customer with
respect to the Service must be instituted within one year after the claim or cause
of action has arisen or is barred. Any dispute arising out of or in connection with
this agreement shall be resolved by arbitration under the auspices and rules of
the American Arbitration Association. Any failure of On-Line Information Services,
Inc. to assert any rights it may have under this Agreement does not constitute a
waiver of our right to assert the same or any other right at any other time or against
any other person or entity. If any
provision of this Agreement is found to be invalid or unenforceable, then the invalid
or unenforceable provision will be stricken from this Agreement without affecting
the validity or enforceability of any other provision.
TERMS ARE NET DUE ON SERVICE REQUEST.