COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Plaintiff(s) -against- Index No. Calendar No. : JUDICIAL SUBPOENA DAKOTA FAST FILE : Terms and Agreements : : The Subscriber and The Office of Secretary of State (SOS) wish to contract for the provision of services from SOS to Subscriber as per the Terms and Conditions below. SOS provides an Internet on-line access from personal computers, to the Uniform Commercial Defendant(s) Code (UCC) mainframe database with related services. Subscriber wishes to use the services made available by SOS. : ...................................................... Terms and Conditions 1. This agreement setsOF THE terms andOF NEW YORK THE PEOPLE forth the STATE conditions under which SOS will provide services to the subscriber. 2. SOS reserves the right to withdraw any service without consulting Subscriber prior to withdrawing such service and shall have no TO liability whatsoever to Subscriber in connection with deletion of any service. 3. Subscriber acknowledges that he/she has read the Agreement and agrees that it is the complete and exclusive statement between the parties, superseding all other communications, oral or written. This agreement and other notices provided to the Subscriber by SOS constitute the entire agreement between the parties. This agreement may be modified only by written amendment signed by GREETINGS: the parties except as otherwise provided 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 WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before way modify, add to, or delete the terms and conditions in this Agreement. 4 , the Honorable at the Court located at County of Use Conditions of room , on the day of , 20 , bases six day per week (Monday through Saturday), from o'clock in the noon, and at any recessed A. in Hours and Service: Service will be provided on a non-guaranteedat or7:00 AM until 11:59 PM. This will exclude time as a witness in this action on thedesignated by SOS in its sole discretion. adjourned date, to testify and give evidence used for scheduled maintenance as part of the B. User ID and Passwords: SOS will issue to the Subscriber user ID and Passwords. Subscriber is responsible for preserving the secrecy of his/her user ID and password controlled by him/her. Subscriber is liable for any and all charges for services to his/ her ID/account passwords whether or not authorized by Subscriber. C. Copyright and failure to comply with this subpoena is punishable as a contempt of court and will make you liable to Your Ownership of Information: Subscriber agrees to comply with any copyright notices or other services, databases, whose behalf this subpoena was SOS’s for a maximum penalty of $50 and all damages sustained as a the party onor other information provided throughissued services. 5. result of your failure to comply. Payment A. Payment by Subscriber: Subscriber will establish a Prepaid Account Deposit (PAD) account. A deposit of at least one Witness, Honorable , one of the Justices new PAD account hundred dollars ($100) must be submitted when opening an account. The Subscriber need not establish a of the if one is Court in on file with SOS. Account balances must be maintained to guarantee your documents will be filed. Cost of County, day of , 20 documents filed is computer generated and automatically deducted from the Subscriber’s PAD account. A balance of your account is provided with each receipt. 6. (Attorney must sign above and type name below) Limitation of Liability A. The remedies set forth in this agreement are exclusive and in no event shall SOS, its administrators or its employees be liable for special, indirect, incidental, or consequential damages, including, but not 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. Such damages shall Attorney(s) the in any event be limited to the charges paid for the previous year by Subscriber for for service in connection with which a claim of liability is asserted or imposed. Subscriber specifically understands and recognizes that the system by which these services are offered is new and may experience problems of various kinds resulting in an inability to provide services. B. Subscriber agrees that SOS will not be liable for any claim or demand of any nature or kind whether asserted against SOS or against Subscriber by any third party, arising out of the services or materials provided for their use. Subscriber agrees to hold Office and services or materials provided pursuant to SOS harmless for claims of third parties arising out of the Subscriber’s use of theP.O. Address this Agreement. C. SOS 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 Telephone No.: delays caused by its database or other providers. Facsimile No.: D. No action or suit, regardless of form, other than an action for payments due SOS, arising out of the transactions pursuant to E-Mail Address: this Agreement may be brought by either party more than one year after the cause of the action accrues. Mobile Tel. No.: Dakota Fast File Terms, Agreements and Subscription Page 1 of 3 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. E. The Office of Secretary of State shall at no time be liable for any errors :or omissions from information available on the Index No. Dakota Fast File UCC or any other electronic program operated by SOS. : Calendar No. 7. Warranty A. SOS makes no warranties express or implied, including, but not limited: to the implied warranties of merchantability and JUDICIAL SUBPOENA Plaintiff(s) fitness for any particular purpose. While SOS and its providers strive for accuracy and completeness of data and services furnished pursuant to this Agreement, no warranty or representation as : accuracy is made or implied. to -againstB. Subscribers warrant that it is aware of and will comply with all applicable federal, state, or other laws with regard to access to or use of any and all information, databases, programs, or other products to which access is provided by or through SOS. 8. Limitations : A. Under no circumstances may Subscriber, or any other party acting by or through Subscriber or using Subscriber’s user ID or password, use data received from or through SOS in any way except in full and complete compliance with all applicable Defendant(s) laws. : : ...................................................... 9. Tradesman/Trademark A. Subscriber agrees that he/she will not use the trademark “Dakota Fast File” unless specifically authorized to do so in writing THEthe Secretary of THE STATE OF NEW YORK by PEOPLE OF State. 10. General TO A. Waiver: The waiver, modification, or failure to insist by SOS 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 SOS’s right to performance of any such term or terms. B. Severability: If any provision or part of the Agreement shall be declared illegal, void, or unenforceable, the remaining GREETINGS: continue in full force and effect. provisions shall C. Governing Law: This agreement shall be governed by and construed according to the laws of South Dakota, and all actions WE COMMAND a federal or state court of competent jurisdiction in South Dakota and in of you jurisdiction. hereunder shall be brought inYOU, that all business and excuses being laid aside, you and eachno other attend before , at the D. the HonorableThis Agreement is not assignable or transferable by SubscriberCourt attempted assignment or transfer shall Assignment: and any located County of void and of no force or effect. at be null and in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Dakota Fast File Terms, Agreements and Subscription Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Page 2 of 3 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Subscription Form : Index No. Calendar No. : Plaintiff(s) The following form must be submitted and approved by the Secretary of JUDICIAL SUBPOENA Dakota State before the institution uses -againstFast File. The annual fee is $120 for each system – Tickler, Search: and File – or $360 for all three systems. The fee must be included unless you are deducting it from your existent pad account. If you do not have a pad : account, it is necessary for you to establish one and to deposit a sufficient sum for payment of the fee and the filing of future documents. If you have any questions, please contact the UCC Division at the address below. : I have read and agree to the terms and conditions of the South Dakota Secretary of State Dakota Fast File and Defendant(s) : .................. .. ........ .. ... . .......... ... the information describing.the. limitation. for. use .of.information .accessed through Dakota Fast File. Pad Account Number: _________________________ THE PEOPLE OF THE STATE OF NEW YORK Name of Subscriber: _____________________________________________________________________ TO Signature of Authorized Representative: _____________________________________________________ Name and Title of Authorized Representative:_________________________________________________ GREETINGS: ______________________________________________________________________________________ WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Full Mailing Address of Subscriber: _________________________________________________________ , the Honorable at the Court (Address, City, State, Zip) located at County of in room , on the day of , 20 , o'clock in the noon, and at any recessed Phone Number: _______________________________Email: at ____________________________________ or adjourned date, to testify and give evidence as a witness in this action on the part of the Date:_____________________________ Please check systems to which you are subscribing: is punishable as a contempt of court and will make you liable to Your failure to comply with this subpoena the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a ¨ Search ($120 annually) comply. Tickler ($120 annually) ¨ result of your failure to ¨ File UCC Documents ($120 annually) Please enclose check and deposit for PAD Account unless debiting from your existent PAD Account. Witness, Honorable , one of the Justices of the Return to: Court in County, day of , 20 UCC Division Office of Secretary of State 500 E Capitol Avenue, Pierre SD 57501 Phone: 605-773-5006 Fax: 605-773-4550 (Attorney must sign above and type name below) Email: dakotafastfile@state.sd.us Administration Email: admin.dakotafastfile@state.sd.us Dakota Fast File Home Page: www.state.sd.us/sos/ucc.htm Attorney(s) for For Office Use Only: Password____________________________ User ID: ________________________________ Office and P.O. Address Expiration Date:_______________________ Dakota Fast File Terms, Agreements and Subscription Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Page 3 of 3 American LegalNet, Inc. www.USCourtForms.com