(1)           The contract shall have an initial term of 1 month to be effective on the date written above and shall continue prospectively after the initial term subject to the cancellation provisions contained herein.

(2)           User agrees and shall pay an initial fee of Fifty and No/100 dollars ($50.00). For this fee the Clerk shall provide the initial user account setup including log-in setup and security and copy account as requested by user.

(3)           User shall pay Fifty and No/100 ($50.00) per month entitling 1 (one) log-in account limited access as hereinafter provided.

(4)           User may request additional log-in accounts and the clerk may provide same for an additional sum of $50.00 per log-in name. Additional log-in accounts requested at the initial establishment of the User account shall be included in the Set-Up fee described in paragraph 2. Additional log-in accounts subsequently requested shall be in writing and require an additional set-up fee of $25.00 per request.

(5)           User shall pay one dollar ($1.00) per page for copies made of documents accessed through the on-line system.  User shall pay one dollar and fifty cents ($1.50) per page for every index generated by the on-line system.  Copy charges will be billed twice per month and are due immediately upon receipt.

(6)           The Clerk makes no guarantee whatsoever that User’s computer equipment will operate compatibly with the Clerk’s system. The Clerk’s system operates in a Windows Terminal Server environment and most computers operate without issue. We HIGHLY recommend the use of HP printers (1200 level or higher) as they have proven to be most compatible with our system.

(7)           The Clerk will provide on-line access to his computer system, limited in nature, for public records inquiry except as follows:

(a)           At such times when the computer system is inoperable for reasons beyond the Clerk’s control, including but not limited to natural disaster, acts of God, or malfunction or failure of equipment; and

(b)           At such times as the Clerk elects to take the system off line for troubleshooting and/or system enhancement.

(8)           User shall provide at his/her/its expense all necessary computer equipment to access the Clerk’s system.

(9)           The Clerk, or his designee, may provide limited technical assistance to User as required in establishing the initial set-up of User’s account. The Clerk may also provide advanced technical assistance by phone or through remote connection should User require additional assistance in connection with Clerk’s system. Advanced assistance, beyond the normal installation and set-up, required on User’s equipment shall subject User to a Technical Service fee of $100.00 per issue. Should the Clerk, or his designee, be unable to resolve the issue, no fee will be required. Any technical assistance provided will be during office hours and only upon request of the User.

(10)         Should User be unable to establish satisfactory conditions for access to the Clerk’s system due to technical issues, User or the Clerk may cancel this agreement. User will not be entitled to a refund of the set-up fee as described in paragraph two (2) or four (4) under any circumstance. 

(11)         User understands that the on-line computer access service is provided by the Clerk as a time saving convenience to User and, in some instances, does not necessarily substitute for a “hard copy” view of public records.  User further agrees that the Clerk shall have no liability to User, its agents, employees, clients, or to any other persons, partnerships, corporations or other entity, business or otherwise, as a result of the unavailability of computer access, and User does hereby agree to hold the Clerk harmless and to indemnify the Clerk from any such claim, action or demand.

(12)         User acknowledges that the information retrieved through on-line access to the Clerk’s system is a matter of public record and agrees that same is for his/her/its private use only and not for resale.  For the purposes of this contract, User’s billing of a client or customer, for the real time access to Clerk’s computer, together with User’s surcharge, if any, shall not be considered “resale”.

(13)         The Clerk shall immediately cancel this contract if:

(a)           User sabotages, alters, damages or destroys the Clerk’s computers, hardware, software or Clerk’s records.

(b)           User grants unauthorized users access to the system by disclosing his password or any other information which would enable unauthorized users to access the system.

(c)            User fails to pay on-line access, set-up, support, or copy fees within thirty (30) days of presentation for payment.

(d)           User’s resale of information obtained by on-line system.  For the purposes of this contact, User’s billing of a client or customer for on-line access to the Clerk’s computer, together with User’s surcharge, if any, shall not be considered “resale”.

(e)           User utilizes or allows the utilization of any information obtained through this service in any illegal manner, including identity theft or fraud.

(14)         User agrees to reimburse Clerk for all reasonable damages caused by User’s actions which alter, sabotage, damage, or destroy the Clerk’s computers, hardware, software, or Clerk’s records.  Damages shall include a reasonable attorney fee if the Clerk is called upon to prosecute a civil action for collection of damages.

(15)         After the initial term of this contract, it may be cancelled upon ten (10) days written notice by User.  This contract can be cancelled provided that User’s accounts are current and all copy fees are paid.  Likewise, upon ten (10) days written notice, the Clerk can cancel this contract for any reason.

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