Premium Subscription Agreement
The Subscriber and Access Idaho wish to contract for the provision of premium services from Access Idaho to Subscriber as per
the Terms and Conditions below. Access Idaho provides online access, from terminals or personal computers, to a number of
databases with related services. Subscriber wishes to use the services made available by Access Idaho.
Terms and Conditions
This Agreement sets forth the terms and conditions under which Access Idaho will provide services to Subscriber.
Access Idaho reserves the right to withdraw any service without consulting Subscriber prior to withdrawing such service and
shall have no liability whatsoever to Subscriber in connection with deletion of any such service.
Subscriber acknowledges that this Agreement is the complete and exclusive statement between the parties, superseding all
other communications, oral or written. This agreement, and other notices provided to Subscriber by Access Idaho, constitutes
the entire agreement between the parties. This agreement may be modified only by written amendment signed by the parties
except as otherwise provided for in this paragraph. In the event Subscriber issues a purchase order or other instrument covering
the services herein specified, it is understood and agreed that it is for Subscriber’s internal purposes only and shall in no way
modify, add to, or delete any of the terms and conditions in this Agreement.
Conditions of Use
Hours of Service: Service will be provided on a non-guaranteed basis, seven days per week (Sunday through Saturday),
twenty-four (24) hours per day, excluding scheduled maintenance as designated from time to time by Access Idaho in its sole
Access Idaho will issue a username to the Subscription Administrator. The Subscription Administrator will be responsible for
adding and managing additional users. Subscriber and authorized users are responsible for preserving the secrecy of log-in
credentials and to ensure that access to services and use of Subscriber’s access credentials are controlled by the Subscriber and
that, in those instances where a purchase order provides time and/or dollar and/or database limitations, use of the system does
not exceed those limitations. Subscriber is responsible for any and all charges for services to its ID/account numbers whether or
not authorized by Subscriber.
Access: Subscriber is solely responsible for the selection and procurement of any equipment necessary for it to access the
Access Idaho service.
Copyright and Ownership of Information: Subscriber agrees to comply with any copyright notices or other limitation on use
applicable to services, databases, or other information provided through Access Idaho services.
Driver Privacy Protection Act (DPPA): Subscriber must ensure that its use of the Access Idaho service complies with all
applicable federal, state and local laws and regulations, including but not limited to the DPPA and Idaho Code Section 49-203.
Customer acknowledges, for itself and on behalf of its Users, that access to the Access Idaho Services is given only for purposes
and uses permitted by law.
Subscriber shall maintain in confidence any and all Personal Information (as defined in Title 28, Chapter 51, Section 28-51-
104 (5) of the Idaho Statutes) obtained as a result of the Access Idaho Services.
Misuse of the access granted pursuant to this Agreement may result in criminal violations of applicable laws, including but
not limited to 18 U.S.C. § 2701 (“Unlawful Access to Stored Communications”), of 18 U.S.C. § 1001, et. Seq. (“Computer Fraud
and Abuse Act of 1986”), and of 15 U.S.C. § 1681 (“Fair Credit Reporting Act”).
Invoices for all services rendered will be prepared by and provided by Access Idaho. Rates shall be in accordance with the
current Access Idaho rate schedule. Terms of invoice payment shall be net twenty (20) days.
In addition to the rates contained herein, Subscriber shall pay Access Idaho for all sales, use and excise taxes incurred by
Access Idaho in providing services to Subscriber. Access Idaho makes no representations as to the liability or exemption from
liability of the Subscriber to any tax imposed by any governmental entity.
Past due invoices will be subject to a delinquency charge of 3% per month of the amount in arrears, or the legal limit,
whichever is less. The delinquency charge is calculated as of the date of the invoice and accrued on the 21
day after the date of
the invoice. Subscriber agrees to pay all costs of collection of delinquent accounts, including reasonable attorney’s fees, as
permitted by law.
Payment Options: (Subscriber selects one)
Auto Check Option - Bank Institution automatically deducts amount of usage fees out of checking account monthly.
Visa/MasterCard - Charges the monthly usage fees to your charge card monthly.
Monthly Invoice - Access Idaho bills subscriber monthly.
Default: An account is in default if it is past due. In the event of default, Access Idaho may, at its sole option, block the
Subscriber from use of the account either temporarily or until the past due amount is paid or permanently, regardless of
payment. Not exercising this option at any particular time or degree of delinquency shall not constitute a waiver by
Access Idaho and does not prevent Access Idaho from exercising this option at any other time or degree of delinquency.
LIMITATION OF LIABILITY
The remedies set forth in this agreement are exclusive and in no even shall Access Idaho or the State of Idaho, their
respective directors, officers, agents or employees be liable for special, indirect, incidental or consequential damages, including
but limited to, lost income or lost revenues, whether such damages arise out of breach of contract, negligence, strict liability, or
any other theory of liability, even if a party has been advised of the possibility of such damages. Such damages shall in any
event be limited to the charges paid for the previous month be subscriber or the services in connection with which a claim of