Virginia Date of Birth Confirmation Terms and Conditions of Use

Virginia Date of Birth Confirmation

(VDBC)Electronic System

Terms and Conditions of Use

(End User License Agreement)

Rev. 4/18

By accessing or using the Virginia Date of Birth Confirmation (VDBC) system you are agreeing to comply with the following VDBC Terms and Conditions of Use (Terms), which shall be referred to collectively as the End User License Agreement, or ''EULA.''

This is a legal agreement between the Office of the Executive Secretary of the Supreme Court of Virginia (OES) and you, and no other third party or its subsidiaries are a party to this EULA. This EULA and the VDBC Privacy Policy, which is incorporated herein by reference, govern your access to and use of VDBC.

If you access or use VDBC on behalf of another person or legal entity, you represent and warrant that you have the authority to use VDBC subject to this EULA. If you do not accept this EULA in its entirety, then you may not access or use VDBC, and any use of VDBC by you will be considered a violation of OES’s intellectual property rights and may additionally subject you to civil or criminal penalties.

OES may unilaterally modify this EULA. OES reserves the right to, at any time and without prior notice, discontinue VDBC, change the content or formatting of VDBC, or terminate access to and any specific use of VDBC. OES shall not be liable to you or to any third party for taking any of these actions and will not be limited to the remedies below if you violate this EULA. OES will post any changes to this EULA on the VDBC website. By accessing and using VDBC you are accepting and agreeing to the Terms then in effect; it is your responsibility to check for updates to the EULA before use.

You acknowledge that VDBC is protected by one or more copyrights pursuant to U.S. copyright laws and by other intellectual property laws. You agree to comply with all copyright notices, trademark notices, ownership information, or restrictions contained in VDBC. You further acknowledge that all rights, titles, and interests in VDBC shall remain with OES or its subcontractors(s) and agree that you will not violate such proprietary rights. Any violation will result in the termination of your access to VDBC, deactivation of your account, and possible legal action or other legal remedies.

Please be aware that, in order to use VDBC, your equipment must meet or exceed the following software and hardware requirements:

1. Current and up to date internet browser software such as Microsoft Edge®, Mozilla Firefox®, or Google Chrome®.

You are also responsible for ensuring that your equipment is suitable for connecting to VDBC and that it has the minimum system and software requirements to use and operate VDBC. In addition, you are responsible for access and connectivity to the Internet, your relationship with your Internet Service Provider (ISP), any telephone or other connection, and all service fees associated with such access.

Data and case information accessed by this system are entered by the clerks of courts. Every effort is made to provide accurate and current information through VDBC. However, due to updating cycles and resources, you may encounter some inaccurate or outdated information. OES disclaims any responsibility or liability for any errors, omissions, or inaccurate information. VDBC registrants have the responsibility to verify the accuracy, timeliness, and completeness of the information.

Due to the complex nature of the Internet, OES does not warrant that access to VDBC or the operation or performance of the system will be uninterrupted or error-free. VDBC IS SUBJECT TO LIMITATIONS, DELAYS, AND PROBLEMS INHERENT WITH THE INTERNET. OES shall use reasonable efforts to correct or cure any such reproducible and documented material defects.

You expressly understand and agree that, to the maximum extent permitted by applicable law, the site, services, and materials are provided by OES on an ''as is'' basis without warranty of any kind, including express, implied, statutory, or fitness for a particular purpose. By accessing and using the system you accept all risks of loss or damage resulting from your access and use of the system.

No advice or information, whether oral or written, obtained by you from OES or through or from use of the services shall create any warranty not expressly stated in the Terms.

You acknowledge that in no event shall OES, its agents, directors, employees, partners, or suppliers be liable to you or any third party for any direct, special, incidental, indirect, consequential, or punitive damages, including those resulting from loss of use, data, or profits, whether or not foreseeable, or if OES has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action, or any other claim arising out of or in connection with your use of or access to the site, services, or materials.

A subscriber is any organization that 1) has registered with the State Corporation Commission (SCC) to do business in Virginia; 2) has provided to OES its SCC identification number and Employer Identification Number; and 3) has received notification from OES that the registration process has been successfully completed. OES Administrators determine whether an organization meets the criteria to be a subscriber of VDBC. If the subscriber is an entity with more than one person who will use the network or system to confirm information, each individual registrant shall be governed by this EULA and shall obtain a separate ''user name'' and ''password'' from the subscriber’s administrator. The subscriber is responsible for the proper use of VDBC pursuant to this EULA, applicable Virginia law, and any other applicable laws of the United States.

The OES Administrators may enroll organizations in VDBC after reviewing information completed and submitted by such organizations during the registration process. An organization will be considered a subscriber of VDBC after it has been notified by an OES Administrator that the application for use of the system has been approved, and the registration process has been completed. OES Administrators also assist in:

An administrator is the person designated to act on behalf of the subscriber for the purposes of adding, deleting, and managing other registrants within the organization. Administrators have a variety of roles that assist in the maintenance of their organization’s VDBC account, which include, but are not limited to:

YOU SHOULD CAREFULLY CONSIDER WHO TO DESIGNATE AS YOUR ORGANIZATION’S VDBC ADMINISTRATOR(S).

Administrator access may be combined with User access. While such combinations are not required, they are recommended. Additionally, it is strongly recommended that your organization appoint a second person who can serve as a backup administrator. Administrators will be expected to maintain their organization’s account with minimal oversight.

A user is an individual with a unique user name and password who is employed by an organization that is authorized to use VDBC and that has a registered VDBC account. Users are authorized to use VDBC on behalf of their employer to search for and confirm a consenting individual’s last name, date of birth, and last four digits of the social security number associated with adult criminal cases in the Juvenile & Domestic Relations District Court, criminal and traffic cases in the General District Court and criminal and traffic cases in select Circuit Court case management systems.

OES has developed VDBC as a date of birth confirmation system for organizations that subscribe to access VDBC and its contents. Upon registration, registrants will have a right to access and use VDBC subject to this EULA.

· you will maintain and promptly update the information that you provide to ensure it remains true, accurate, current, and complete;

· you have the last name, date of birth, and last four digits of the social security number of each individual searched for; and

· you are expressly authorized by such individual to search for and confirm the individual’s last name, date of birth, and last four digits of the social security number associated with adult criminal cases in the Juvenile & Domestic Relations District Court, criminal and traffic cases in the General District Court and criminal and traffic cases in select Circuit Court case management systems.

· make available any material that the registrant does not have a right to make available under any law or contractual or fiduciary relationship;

· make available any material that infringes any intellectual property right or other proprietary right of any party;

· make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment;

· damage, disable, overburden, or impair any OES server or the networks connected to any provider server;

· interfere with or disrupt VDBC or violate any applicable laws related to the access to or use of VDBC, violate any requirements, procedures, policies, or regulations of networks connected to VDBC, or engage in any activity prohibited by these Terms and Conditions;

· misuse search criteria or conduct searches in a manner that may be construed as attempting to gather information for purposes other than that for which the system was designed;

· access or attempt to access any material that is not authorized to be accessed or made available through VDBC; or

· gather or mine data or the contents of VDBC through the use of robots or similar data-gathering or extraction methods in connection with VDBC.

VDBC shall not be used in a manner contrary to or in violation of any applicable federal, state, or local law, rule, or regulation.

If any of these terms are violated, OES has the right to suspend or terminate you and/or your organization’s use of VDBC, and you may be subjected to criminal or civil penalties.

No portion of VDBC source code, layout, or structure may be reproduced, transmitted, or shared in any way without express written permission from OES.

The information accessed through VDBC shall be solely for your organization's use in confirming a consenting individual’s last name, date of birth, and last four digits of the social security number associated with adult criminal cases in the Juvenile & Domestic Relations District Court, criminal and traffic cases in the General District Court and criminal and traffic cases in select Circuit Court case management systems. You may not provide a third party any right of access to VDBC nor may you share the results of individual records or searches with a third party except as authorized by law.

Registrants are solely responsible for the accuracy of any and all information provided to VDBC in connection with the electronic transmission or delivery of any information.

You are solely responsible for the submission of any information to OES. It is your responsibility to confirm that information submitted has been accepted by OES.

OES may, without notice and for any lawful reason, immediately terminate your access to VDBC.

Any account is subject to a Temporary Registrant Ban, which may be for one hour, 24 hours or seven days duration, or a Temporary Organization Ban, for the duration of 24 hours, whenever OES determines there has been a violation of this EULA. Temporary Bans may not be removed prior to the end of the full duration of the ban. Temporary Bans may not be appealed.

Any account is subject to a Permanent Ban of a Registrant or an Organization whenever OES determines there has been one or more violations of this EULA. An appeal of a permanent ban may be made to the Executive Secretary to the Supreme Court of Virginia. Such appeal should be made within a reasonable period of time after the implementation of the ban, and shall include the reasons the Registrant or Organization believes the Permanent Ban should be lifted, including any relevant documentation supporting the lifting of the ban.

VDBC is expected to be available 23 hours a day. There may be other brief periods of downtime to allow for data backups. There will also be planned downtime to allow for scheduled system maintenance.

Unexpected issues may occur and the system may be unavailable without notice. Every effort will be made to minimize any unplanned downtime.

Each registrant (including administrators) must use a unique user name and password to access VDBC. Registrants will either create their own user name or have a user name assigned to them by their organization’s administrator.

You agree to use due diligence to protect your own password, as well as those to which you may have access. Under no circumstances will you share or allow another person to log into your account.

You agree that you are solely responsible for all activities that occur under your user name and password. You should immediately notify your administrator, if applicable, of any actual or suspected unauthorized use of your account and request that your password be changed. In addition, when you generate your security answers (for a forgotten password), use personal, yet memorable answers. This information should not be data that is publicly available or easily guessed by potential hackers.

OES shall not be liable for any injury or damage resulting from your use of the information, content, or material accessed using VDBC, nor shall OES be liable for any inaccurate or incomplete information accessed using VDBC or its contents. OES is not responsible for any delays in the receipt of any information or messages as delivery is subject to effective transmission from your service provider network. To the fullest extent allowed by law, OES disclaims all warranties with regard to VDBC.

BY USING VDBC, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE VDBC PRIVACY POLICY AND THIS EULA, AND ACCEPT ALL OF THE TERMS.

Supreme Court of Virginia

Office of the Executive Secretary