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State of Idaho - Premium Subscription Agreement

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999 Main St., Suite 910 Boise, Idaho 83702
ph
208.332.0102
fx
208.332.0106
tollfree
1.877.4ID.EGOV
PREMIUM SUBSCRIPTION AGREEMENT
This agreement is between you, the Subscriber, and Access Idaho for the
purpose of granting you online access rights to the premium services offered
by Access Idaho. Access Idaho is an internet-based electronic portal designed
to streamline access to government information.
A premium subscription is required if you desire access to any of the
following three online services: UCC Searches, Driver’s License Record (DLR)
Searches, Driver Record Dashboard (DRD) or Motor Vehicle Record (MVR)
Searches. There is a $95.00 annual fee for the services associated with a
premium subscription account, which will appear on your first invoice. In
addition to the annual fee, you will be billed usage fees for the services you
access each month. A listing of fees associated with premium services can be
found at https://www.idaho.gov/about-us/subscribe-to-idaho-gov/
Please carefully review the entire subscription agreement. The agreement
must be signed, dated and returned to the above mailing address, or faxed to
208-332-0106.
Note: The
entire agreement
must be reviewed and completed if
you wish to have access to DLR, MVR and/or Driver Record Dashboard Searches
online. If you are not requesting access to DLR or MVR searches, you do not need
to complete the final three pages of the agreement titled “Agreement for Idaho
MVR Record Processing”.
If you have any questions regarding information contained within this
agreement, please contact Access Idaho at 208-332-0102, or toll-free at
1-877-4ID-EGOV (1-877-443-3468).
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Access Idaho
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
1.
This Agreement sets forth the terms and conditions under which Access Idaho will provide services to Subscriber.
2.
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.
3.
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.
4.
Conditions of Use
a)
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
discretion.
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.
b)
Access: Subscriber is solely responsible for the selection and procurement of any equipment necessary for it to access the
Access Idaho service.
c)
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.
d)
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.
e)
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.
f)
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”).
5.
Payment
a)
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.
b)
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.
c)
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
st
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.
d)
Payment Options: (Subscriber selects one)
(i)
Auto Check Option - Bank Institution automatically deducts amount of usage fees out of checking account monthly.
(ii)
Visa/MasterCard - Charges the monthly usage fees to your charge card monthly.
(iii)
Monthly Invoice - Access Idaho bills subscriber monthly.
e)
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.
6.
LIMITATION OF LIABILITY
a)
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
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liability is asserted or imposed. Subscriber specifically understands and recognizes that the system by which these services are
offered to him may experience problems of various kinds resulting in an inability to provide services.
b)
Subscriber agrees that Access Idaho will not be liable for any claim or demand of any nature or kind whether asserted against
Access Idaho or against subscriber by any third party, arising out of the service or materials provided for their use; subscriber
agrees to indemnify and hold Access Idaho harmless from claims of third parties arising out of the subscriber’s use of the service
or materials provided pursuant to this agreement.
c)
Access Idaho shall not be liable for or deemed to be in default for any delays or failure in performance or interruption of
service resulting directly or indirectly from any cause or circumstance beyond its reasonable control, including problems with or
delays caused by its database or other providers and by acts of god, flood, fire, war or public enemy.
d)
No action or suit, regardless of form, other than an action for payments due Access Idaho, arising out of the transactions
pursuant to this Agreement may be brought by either party more than one year after the cause of the action accrues.
e)
The Access Idaho Committee, Idaho Information Consortium, LLC, State of Idaho, county and local government agencies and
universities, professional associations and all other parties who may from time to time provide information for access on Access
Idaho shall at no time be liable for any errors in or omissions from information available on Access Idaho.
7.
Warranty
a)
Access Idaho makes no warranties express or implied, including but not limited to the implied warranties of merchantability
and fitness for any particular purpose and provides no warranty that the service will be error-free or non-infringing. While
Access Idaho and its suppliers strive for accuracy and completeness of data and services furnished pursuant to the agreement,
no warranty or representation as to accuracy or completeness is made or implied. Services are provided on an as-is basis and
neither Access Idaho nor the State of Idaho shall be liable for any errors in, or omissions from, information obtained pursuant
to the agreement.
b)
Subscriber warrants that he is aware of and will comply with all applicable federal, state and local or other laws and regulation
with regard to access to or use of any and all information, databases, programs, or other products to which access is provided by
through Access Idaho.
8.
Fee Changes
a)
Fees are as set forth on the Access Idaho website found at https://www.idaho.gov/about-us/subscribe-to-idaho-gov/
9.
Term and Cancellation of Subscription
a) This Agreement shall automatically renew on a month-to-month basis unless cancelled pursuant to the terms herein.
b) A Subscriber may cancel their Premium Service Subscription Agreement at any time. A written request for termination of
services must be faxed or mailed to Access Idaho. The Subscriber will be liable for payment of all services rendered during
the subscription period. The Subscribers annual subscription fee will not be refunded. Access Idaho may terminate this
Agreement upon written notice to Subscriber.
10.
Limitations
a) Under no circumstances may Subscriber, or any other party acting by or through Subscriber or using Subscriber’s ID/account
number(s), use data received from or through Access Idaho in any way except in full and complete compliance with all applicable
federal, state, local, or other laws and regulations.
b)
Subscriber specifically recognizes and affirms that it, or any other party acting by or through Subscriber or using Subscriber’s
ID/account number(s), will comply with all applicable provisions of all Idaho laws and regulations.
c)
Subscriber understands that his Access Idaho service privileges may be terminated for a violation of this Agreement or an
applicable federal, state, local or other law or regulation, and further that he may be prosecuted for such violations.
d)
Subscriber agrees not to tamper with, alter, or change in any fashion any databases or programs made available to Subscriber
by Access Idaho.
e)
Subscriber acknowledges that records of its access to premium services will be maintained by Access Idaho and are subject to
audit and examination for compliance with applicable limitations on use. Subscriber further acknowledges that Access Idaho
may share any such records with government entities or law enforcement at its sole discretion.
11.
Trade name/Trademark
a) Subscriber agrees that he will not use the trademark “Access Idaho” or any of Access Idaho’s services identified in any
fashion unless specifically authorized to do so in writing by Access Idaho.
12.
General
a)
Authority: Each party has full power and authority to enter into and perform this Agreement, and the person signing on
behalf of each party has been properly authorized and empowered to enter into this Agreement. Each party further
acknowledges that he has read this Agreement, understands it, and agrees to be bound by it.
b)
Waiver: The waiver, modification, or failure to insist by Access Idaho on any of these terms or conditions, shall not void, waive,
or modify any of the other terms or conditions nor be construed as a waiver or relinquishment of Access Idaho’s right to
performance of any such term or terms.
c)
Severability: If any provision or part of the Agreement shall be declared illegal, void, or unenforceable, the remaining
provisions shall continue in full force and effect.
d)
Governing Law: This Agreement shall be governed by and construed according to the laws of the State of Idaho as such laws
are applied to contracts made and to be performed in Idaho, and all actions hereunder shall be brought in a court of competent
jurisdiction in Idaho and in no other jurisdiction.
e)
Assignment: This Agreement is not assignable or transferable by Subscriber and any attempted assignment or transfer shall
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be null and void and of no force or effect. Access Idaho may assign this Agreement and/or the payments due to Access Idaho
without notice to or requirement for Subscriber’s permission or approval.
f)
Insolvency: Subscriber shall notify Access Idaho immediately if it is subject to any insolvency or bankruptcy proceedings, has
been found insolvent or bankrupt, or if any assignment has been made for the benefit Subscriber’s creditors.
13.
Access Idaho’s day to day operations and activities are managed by Idaho Information Consortium, LLC an Idaho
corporation.
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Access Idaho
PREMIUM SUBSCRIPTION AGREEMENT
BILLING ADDRESS
Organization Name
EIN:
-
Soc. Sec. No. (provide ONLY if you do not have an EIN):
-
-
Billing Address
City/State/Zip
Telephone
Ext.
FAX
BILLING EMAIL ADDRESS(ES)
We no longer mail out paper invoices. Please provide at least one valid email address for
us to send invoices to monthly. Multiple email addresses are allowed.
Email Address:
Email Address:
PAYMENT OPTIONS (Please Select Only One Option)
No matter which option you choose, you will receive a monthly invoice of your account activity via
email.
Check- Mail payments to Access Idaho,
P.O. Box 26682, Salt Lake City, UT 84126-0682
Visa/MasterCard/Discover/AMEX (Your
card will be billed on the 10
th
of each month
)
Card Number: - - - Exp. Date:
/
Electronic Debit/Auto Check (Your a
ccount will be debited once monthly
)
Account Type Checking Savings General Ledger Loan
Customer Type: Business Consumer
Bank Name:
Routing Number:
(9 digits)
Account Number:
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*
CHECK ALL SERVICES YOU WISH TO INCLUDE WITH YOUR SUBSCRIPTION
*
DLR (Driver’s License Record Search)
MVR (Motor Vehicle Record Search)
Driver Record Dashboard (Group DLR)
Crash Reports
Secretary of State Business Services
Administrative Contact
(This person will have access to online billing reports as well as have the authority to
add/remove users from the account):
Name
E-Mail
Phone
OFFICE USE ONLY
Admin Username: _____________________
Signature of Agreement
I have read and I agree to the terms and conditions of the Access Idaho
Premium Subscription Agreement.
Signature
Name (printed) Title Date
6
5/28/2019
AGREEMENT FOR IDAHO DLR, MVR & DASHBOARD RECORD PROCESSING
This agreement is made between , a corporation with its principal
office in (hereinafter “SUBSCRIBER”), and Idaho Information Consortium,
Inc.,
doing business as Access Idaho, and portal manager of the State of Idaho’s initiative known as Access
Idaho (hereinafter “Access Idaho”).
WHEREAS, SUBSCRIBER is desirous of entering into an Agreement with Access Idaho for the purpose
of receiving computer access to Idaho motor vehicle and/or driver’s license records (“Agreed Data”)
under the custody of the Idaho Transportation Department, (“ITD”); and
WHEREAS, SUBSCRIBER desires to purchase electronic access to said records now and in subsequent
years, and to do so by electronic processing;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein, including the
amounts hereinafter provided to be paid by SUBSCRIBER for such access, the parties hereto agree as
follows:
1.
Access Idaho shall furnish to SUBSCRIBER Agreed Data requested by SUBSCRIBER,
subject to any limitations to access to the ITD database imposed by ITD.
2.
SUBSCRIBER may request records directly from Access Idaho via File Transfer Protocol
(FTP) to a site designated by Access Idaho, and when available, interactively through
a HTTP World Wide Web interface.
3.
SUBSCRIBER shall pay to Access Idaho a fee of $9.00 per DLR record request and
$8.50 per MVR record request. Payment shall be remitted to Access Idaho (P.O. Box
26682, Sa
lt Lake City, UT 84126-0682) within twenty (20) days from the date of the
invoice. Other payment options are available as described in the PREMIUM
SUBSCRIPTION AGREEMENT. Accounts not paid when due may be fined, or may have
their access terminated without notice.
4.
SUBSCRIBER agrees that information records provided by Access Idaho will be
used for only the following purposes (please indicate by checking box for what
purpose records are being used – options continue on following two pages):
GOVERNMENT:
For use by any government agency, including any court or
law enforcement agency, in carrying out its functions, or any private person
or entity acting on behalf of a federal, state, or local agency in carrying out
its functions.
DRIVER OR VEHICLE SAFETY:
For use in matters of motor vehicle or driver
safety and theft; motor vehicle emissions, motor vehicle product alterations,
recalls or advisories; performance monitoring of motor vehicles, motor
vehicle parts, and dealers; motor vehicle market research activities,
including survey research; and removal of non-owner records from the
original records of motor vehicle manufacturers.
BUSINESS ACTIVITIES:
For use in the normal course of business by a
legitimate business or its agents, employees or contractors, but only:
•
To verify the accuracy of personal information submitted by the individual
to the business or its agents, employees or contractors; and
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•
If such information as so submitted is not correct or is no longer correct,
to obtain the correct information, but only for the purpose of preventing
fraud by, pursuing legal remedies against, or recovering on a debt or
security interest against, the individual.
COURT PROCEEDINGS
:
For use in connection with any civil, criminal,
administrative or arbitral proceeding in any federal, state or local court or
agency or before any self-regulatory body, including the services of process,
investigation, and anticipation of litigation, and the execution or
enforcement of judgments and orders, or pursuant to an order of a federal,
state or local court.
RESEARCH:
For use in research activities, and for use in producing statistical
reports, so long as personal information is not published, re-disclosed or
used to contact individuals.
INSURANCE:
For use by any insurer or insurance support organization, or by
a self-insured entity, or its agents, employees or contractors, in
connection with claims investigation activities, rating or underwriting.
TOWED/IMPOUNDED VEHICLES:
For use in providing notice to the owners
of
towed or impounded vehicles.
INVESTIGATION
:
For use by any licensed private investigative agency or
licensed security service for any purpose permitted under the provisions of
title 49, Idaho Code.
EMPLOYER INFORMATION:
For use by an employer or its agent or insurer to
obtain or verify information relating to a holder of a commercial driver’s
license that is required under the Commercial Motor Vehicle Safety Act of
1986 (49 USC 31101 et seq.).
PUBLIC SAFETY/VEHICLE OPERATION:
For any other use specifically
authorized under Idaho Code, if such use is related to public safety or the
operation of a motor vehicle.
TRANSPORTATION FACILITIES:
For use in connection with the operation
of
private toll transportation facilities, including companies that operate
parking facilities for the purpose of providing notice to the owners of
vehicles who have used the facility.
5.
This agreement may be terminated at any time upon sixty (60) days advance notice
by an instrument in writing, signed by a duly authorized representative of the party
wishing to terminate, and mailed to the other party. This agreement may be
immediately terminated upon any material breach of any covenant herein at the
option of the non-breaching party, or upon cessation of the Service Level Agreement
with ITD. Any notice of termination shall be deposited with the United States Postal
Service, restricted delivery, return receipt requested, correctly addressed to the party
to receive notice, and postage prepaid. SUBSCRIBER’s address for notice shall be the
billing address entered on page 4. Access Idaho’s address for notice is:
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Access Idaho
999 W. Main Street, Ste 910
Boise, ID 83702
6.
This agreement in addition to the PREMIUM SUBSCRIPTION AGREEMENT constitutes
the entire AGREEMENT of the parties and supersedes all other prior written or oral
agreements between the parties with respect to the subject matter herein. This
agreement may be changed, modified or amended at any time, but only by an
instrument in writing, signed by duly authorized representatives of both parties
hereto.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their duly
authorized representatives.
SUBSCRIBER Access Idaho
Authorized agent Date Jeff T. Walker Date
General Manager
(Print Name)
(Print Title)
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State of Idaho - Premium Subscription Agreement

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Completed 7 May 2020

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