Doxpop Registered User Agreement

Use of the Doxpop, LLC. (herein "Doxpop") system (herein "Doxpop Services") is conditioned on the acceptance of the following terms and conditions. By registering to use Doxpop Services, the registered user (herein "Registered User" and/or "you") agrees and accepts the terms and conditions contained in this Registered User Agreement:

Limitations on Use of Doxpop Services

The Registered User acknowledges that the Registered User has no right, title and interest under applicable contractual, copyright and related laws in the databases and materials made available through the Doxpop Services. Doxpop grants to Registered User a nonexclusive, nontransferable, limited license to access the services included herein solely for the personal, non-commercial use of Registered User, or for commercial use for the purpose of performing research and related work in the regular course of Registered User's business. Except as otherwise provided herein, such license includes the right to use Doxpop Services to transfer insubstantial portions of information in machine readable form to a storage device under Registered User's exclusive control and to temporarily store such information primarily for one person's exclusive use in order to use the same in Registered User's ordinary daily work. Registered User shall not use Doxpop Services to obtain all or a significant subset of all the information available through Doxpop Services. Such license also includes the right to use Doxpop Services to provide printouts of information for Registered User's customers or clients provided that such printouts are provided as an incidental part of, and ancillary to, Registered User performing other services for such customers or clients in the regular course of Registered User's business. Except as specifically provided herein, in compliance with applicable law, Registered User is prohibited from using Doxpop Services to download, store, reproduce, transmit, display, copy, distribute, or otherwise use information available through Doxpop Services. Registered User shall not use Doxpop Services for consumer credit purposes, consumer insurance underwriting, employment purposes, or tenant screening purposes in violation of state or federal law.

Registered User creating searches of data available through the Doxpop Services may be limited to 1,000 records of data per query for interactive users and 200 records of data per query for API Users.

Registered User Representations and Warranties

Registered User represents and warrants that it will not use the Doxpop Services in a manner that infringes, violates, or misappropriates any rights of Doxpop or any third party. Registered User represents and warrants that: (1) it is solely responsible for the development, operation, and maintenance of any application program using the API; and (2) it has the necessary rights and licenses, consents, permissions, waivers, and releases to use and display any application program using the API. Registered User represents and warrants that any application program using the API shall not contain any component that may be harmful to Doxpop, the Doxpop Services, or any third party.

Registered User represents and warrants that; (1) the information provided in connection with registering for the Doxpop Services is accurate and complete; (2) Registered User is at least eighteen (18) years of age and has the legal capacity to enter into this Agreement; (3) the individual registering as Registered User is the Registered User himself/herself or the authorized representative of any such entity becoming a Registered User; and (4) the Registered User's employees, officers, representatives, and other agents access the Doxpop Services are duly authorized to access the Doxpop Services and to legally bind Registered User to this Agreement and all transactions conducted under Registered User's account.

Compliant with applicable laws

The Registered User shall at all times use the Doxpop Services and the information or data obtained from it in compliance with all applicable federal, state and local laws, statutes, rules, regulations and ordinances, including but not limited to federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.) and the Federal Drivers Privacy Protection Act (18 U.S.C. Section 2721 et seq.) (collectively, "Applicable Law").

System Performance

Doxpop will use reasonable efforts to provide access to its systems, and to update, augment and maintain its compilation of information gathered from selected public records and other sources. All information is provided "as is." The Doxpop Services may be unavailable for certain periods of time for planned system upgrades or in response to unplanned power outages, system failures, or other interruptions. Neither Doxpop nor any third party information provider shall have any liability of any type or kind for unavailability of Doxpop Services, or any failure to provide advance notice of such unavailability. The data included in the Doxpop Services is obtained from publicly available information or from various other sources. In the event any types of data become unavailable, Doxpop accordingly may eliminate such types of data. The Registered User acknowledges that the information and records provided through the Doxpop Services are not official public records. Registered User is advised to take note of the "as of" date for information provided through the Doxpop Services.

API Use

In addition to the interactive use of the Doxpop Services, a Registered User may write a software application program that interfaces with the Doxpop Services using the Doxpop application program interface ("API"), subject to all limitation on use herein. Additional charges may apply to such Registered Users. Any Registered User seeking to write application programs that use the Doxpop API must register additionally as a "Doxpop API User" and adhere to the terms and conditions of use in this Registered User Agreement.

Modification in services

Doxpop reserves the right at any time and without prior notice to Registered User to change Doxpop Service's hours of operation or to limit Registered User's access to the Doxpop Services in order to perform repairs, make modifications or as a result of circumstances beyond Doxpop's control. Doxpop may add or withdraw products or services to or from Doxpop Services from time to time or change prices for products or services.

Privacy Policy

All use of the Doxpop Services is subject to the Doxpop Privacy Policy as set forth on Doxpop Services, and amended from time to time.

Hostile activities prohibited

Registered Users agree to refrain from using the Doxpop Services for any activity that adversely affects the ability of other people or systems to use the Doxpop Services or the Internet. This includes "denial of service" attacks against Doxpop Services, another network host or an individual Registered User. A Registered User may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network to use Doxpop Services in an illegal or inappropriate manner. Registered User shall not access, attempt to access, or permit third parties to access information through Doxpop Services that is not available to the public because of any state or federal law.

Monitoring Compliance

Registered User agrees to provide information and/or other materials related to the use of Doxpop Services as reasonably requested by Doxpop to verify compliance with this Agreement.

Negation of liability/warranty

Neither Doxpop nor third parties providing information through Doxpop Services shall be liable to Registered User or to any person claiming through Registered User or to whom Registered User may have provided data for any loss or injury arising out of or caused in whole or in part by Doxpop's or third parties' negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering information through the Doxpop Services or in otherwise performing under this agreement. In no event shall Doxpop or third parties be liable for any direct, incidental or consequential damages, however arising, incurred by the Registered User from receipt or use of information delivered hereunder, or the unavailability thereof. Neither Doxpop nor third parties providing information through Doxpop Services shall be liable for any special, indirect, incidental, exemplary or consequential damages of any kind whatsoever, including, without limitation, attorneys' fees, damages to other goods or equipment, lost profits, downtime costs, labor cost, overhead costs or claims of customers or clients of Registered User for such costs, in any way due to, resulting from, or arising in connection with the services, information, or the failure of neither Doxpop nor third parties providing information through Doxpop Services to perform its obligations, regardless of any negligence of neither Doxpop nor third parties providing information through Doxpop Services. Doxpop and any third parties providing information through Doxpop Services make no representations or warranties of any kind, whether express, implied, statutory, or otherwise with respect to the Doxpop Services. Except to the extent prohibited by applicable law, Doxpop and any third parties providing information through Doxpop Services disclaim all warranties, including, but not limited to, any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade. Doxpop and any third parties providing information through Doxpop Services do not warrant that the Doxpop Services will function as described, will be uninterrupted or error free, or free of harmful components. Doxpop and any third parties providing information through Doxpop Services shall not be responsible for any service interruptions, including, but not limited to, power outages, system failures, or other interruptions, including those that affect the receipt, processing, acceptance, completion, or settlement of any of the Doxpop Services. No advice or information obtained by the Registered User from Doxpop and any third parties providing information through Doxpop Services shall create any warranty not expressly stated in this agreement.

Doxpop specifically disclaims all liability with regard to any application program using the API, and Registered User shall be solely responsible for the development, operation, and maintenance of any such application program using the API and for all materials that appear on or within such application program using the API. Registered User using such application programs shall be solely responsible for: (1) the technical operation of such application programs and all related equipment; and (2) the accuracy and appropriateness of any information generated as a result of such application programs.

The Doxpop Service may contain links to websites that are not under our control. Doxpop is not responsible for the contents or functionality of such websites or any website that may be accessed on such websites. Doxpop provides these links to you as a convenience, and the inclusion of any such links does not constitute or imply our endorsement or validation of any such site.

Indemnification

The Registered User hereby agrees to protect, indemnify, defend and hold harmless Doxpop and all third parties from and against any and all costs, claims, demands, damages, losses and liabilities (including actual attorneys’ fees) arising from or in any way related to use of information by the Registered User (or any third party receiving such information from or through the Registered User) furnished by or through the Doxpop Services to the extent such costs, claims, demands, damages, losses or liabilities (including actual attorneys’ fees) do not result from the grossly negligent acts or omissions of Doxpop or third parties.

Disputes

Notwithstanding anything to the contrary, Doxpop may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Doxpop's intellectual property and/or proprietary rights. Any dispute relating in any way to Registered User's use of the Doxpop Services or to products or services provided by Doxpop or its affiliates shall be adjudicated in any state or federal court in Wayne County, Indiana, and you consent to exclusive jurisdiction and venue in such courts. You further acknowledge that Doxpop's rights in the Doxpop Services are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages. By using the Doxpop Services, Registered User agrees that the laws of the State of Indiana, without regard to principles of conflicts of laws, will govern this Agreement and any dispute of any sort that might arise between Registered User and Doxpop. The parties expressly exclude application of the United Nations Convention for the International Sale of Goods to this Agreement.

Notices

Except as otherwise provided set forth herein, notices made by Doxpop to Registered User under this Agreement that affect Doxpop's customers generally will be posted on the Doxpop website. Notices made by Doxpop under this Agreement for Registered User or Registered User's account specifically will be provided to Registered User via the email address provided in the registration for the Doxpop Services or in any updated email address you provide to us in accordance with standard account information update procedures Doxpop provides from time to time. It is the responsibility of the Registered User to keep its email address current, and the Registered User will be deemed to have received any email sent to any such email address upon our sending of the email, whether the Registered User actually receives the email. For notices made by Registered User under this Agreement and for questions regarding this Agreement or the Doxpop Services, Registered User may contact Doxpop as follows:

notice@doxpop.com

and/or

Doxpop, LLC
822 East Main Street
Richmond, Indiana 47374

All communications and notices to be made or given pursuant to this Agreement shall be in the English language.

Fee for Services

Registered User shall pay to Doxpop the subscription fees and per service charges as updated from time to time through on-line announcements and published price schedules. All current and future Doxpop pricing documents are deemed incorporated herein. Registered User shall pay Doxpop subscription fees and per service charges as set forth in the Schedule of Fees and Charges, available online, (which is subject to change) for each open Registered User account, regardless of activity and in addition to fees incurred through individual services rendered. Registered User shall be responsible for payment for all services obtained through Registered User's account. Payment by Registered User is due and payable ten (10) days from the date of invoice. If payments are past due more than ten (10) days from the date of invoice, Doxpop may deny service to Registered User. If payments are past due more than thirty (30) days, Doxpop may terminate this Agreement. Registered User is responsible for payment of all collection costs and attorney fees incurred by Doxpop through its efforts to collect on balance(s) owed by Registered User. All remittances shall be sent to Doxpop, LLC., 822 E. Main St., Richmond, Indiana 47374.

Termination

You may terminate your subscription at any time. Subscriptions may be initially designated as a single month in duration or as "auto-renewing," meaning that we will bill your credit card or submit an invoice for payment each month, on the same calendar day of your original subscription, until you cancel. If the calendar day on which you subscribed does not exist in the following month(s), the billing date will be the date closest to the subscription anniversary date. For example, if you subscribe on June 10, your next billing date is July 10. If you subscribe on March 31, your next billing date is April 30. For billing purposes, we will keep your credit card information or other payment authorization information on file and may ask you to update it. You may cancel your monthly subscription prior to the next billing date to avoid future charges by calling 1-765-965-7363. Subscription fees are charged for one-month service periods. If you cancel your subscription before the end of your current service period, your service will remain active until the end of the current service period. Subscriptions for periods of more than one (1) month can be terminated as of the current month, however, charges for the subscription period will be recalculated as if the subscription was on a month-to-month basis. If you fail, or we suspect that you have failed, to comply with any of the provisions of this Agreement, Doxpop, at its sole discretion, may terminate this Agreement and your access to Doxpop Services.

Agreement in its entirety

This Agreement sets forth the entire understanding and agreement between Doxpop and the Registered User regarding the subject matter herein and supersedes any prior or contemporaneous oral or written agreements or representations, except that access to and use of third party services may be governed by terms and conditions different than or in addition to those herein. By use of the Doxpop Services, the Registered User agrees to, and shall comply with, such different and/or additional changes to this Agreement as Doxpop shall make from time to time by notice to the Registered User on-line, or in writing.

Additional Terms

This Agreement shall be interpreted in accordance with the laws of the State of Indiana. Registered User may not assign this Agreement, or sub-license, assign or delegate any right or duty hereunder, without the prior written consent of Doxpop. Any such purported assignment without such prior written consent shall be void. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. The failure of Doxpop at any time to require performance by Registered User of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall the waiver by Doxpop of a breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. Each third party supplier of Information has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary.

Additional Terms and Conditions: Electronic Filing

Any and all terms and conditions contained in this Doxpop Registered User Agreement apply to Registered User's use of the electronic filing component of Doxpop Services. Additionally, when using the electronic filing component of Doxpop Services for the electronic submission of documents by the Registered User to the Indiana State Courts for filing, Registered User agrees as follows:

Additional questions? Feel free to contact us at any time and we'll answer any additional questions you may have. Our email address is support@doxpop.com