Hamilton County, Illinois Clerk / Recorder - Heather Bowman
Terms of Service / User Agreement

Recorder’s Obligations. Subject to the General Terms printed within the following pages hereof, the Hamilton County Illinois Recorder agrees to provide access to the Hamilton County Illinois Recorder’s Real Estate Records, via Internet connection through a secured website with password access

provided by the Hamilton County Illinois Recorder.

Subscriber’s Obligations. Subject to the General Terms printed within the following pages hereof, the Subscriber agrees to pay the subscription of his/her choice. The subscriber will be notified via banner at each logon how many days are remaining in their subscription.  It is the subscriber’s duty to make payment to the Hamilton County Illinois Recorder prior to or after the current subscription expires.  If after there will be an interruption in service until payment is made.  The Hamilton County Illinois Recorder will upon notification of the expiration of a subscription and if payment has been made; will activate the appropriate subscription for the payment received. Fees are subject to change at any time, at the sole discretion of the Hamilton County Illinois Recorder. Initial fee of $3,600.00 annually or $350.00 per month will be due with signed Agreement.

General Terms. This Agreement is subject to the General Terms printed in the following pages hereof.

Disclaimer of Warranties. Internet Access and all data are provided “as is,” without warranty of any kind, expressed or implied.

Certification. The Subscriber certifies that the Subscriber has read this entire Agreement, including the General Terms printed within the following pages hereof. The Subscriber certifies that all individual users named on the application for On-Line Internet Access are employees of the Subscriber. The undersigned signatory on behalf of the Subscriber(s) certifies that the signatory has full authority to bind the Subscriber(s) to this Agreement.

Entitlement. The Hamilton County Illinois Recorder grants the Subscriber non-exclusive, non-refundable and revocable access to public records maintained by the Hamilton County Illinois Recorder through equipment located in Subscriber’s office(s) to use solely in the regular course of the Subscriber’s business. The Subscriber shall not assign any of the rights to this Agreement to a third party without the written consent of the Hamilton County Illinois Recorder. The Subscriber shall not duplicate or knowingly permit others to duplicate copies of the database, or sell copies of this database or images to a third party.

Additional Users. The Subscriber agrees to require each User to have the User’s own non-transferable identification sign-on. The Subscriber may, at its option, add additional employees as individual users hereunder. The Subscriber further agrees to provide the Hamilton County Illinois Recorder with a list of all individual Users not identified on the face of this Agreement prior to their use of the access provided.

Term. The Agreement shall become effective immediately and shall remain in full force and effect until terminated as herein provided. This agreement shall be renewed automatically, subject to price changes, unless the Hamilton County Illinois Recorder is notified in writing or via email 30 days prior to expiration of the Agreement.

Access Availability. Remote access to the Database may be available seven days a week, twenty-four hours a day, including all holidays or otherwise at the discretion of the Hamilton County Illinois Recorder. Exceptions include during periods of preventative or remedial maintenance, operational issues out of the control of the County of Hamilton, Illinois or it’s Recorder and when addressing security issues or intrusion.

Limitation of Liability. The Subscribers exclusive remedy and the Hamilton County Illinois Recorder’s entire liability hereunder, if any, for any claim(s) for damages made against them, individually or jointly, whether based on agreement or negligence, shall not exceed the amount of the last paid monthly license fee.

Waiver. Failure of either party to insist on strict compliance with the provisions of the Agreement shall not constitute a waiver of the party’s right to demand later compliance with the same or other provisions of this Agreement.

Termination. The Hamilton County Illinois Recorder may terminate this Agreement at any time and for any reason, to include termination without cause and without notice.

Severability. Should any provisions contained within this Agreement be found, for any reason, to be invalid, illegal or unenforceable, it shall not affect any other provisions hereof, and this Agreement shall be constructed as if such invalid, illegal or unenforceable provision had never been contained herein.

Amendment of Agreement. Except otherwise provided herein, this Agreement may be amended, modified, renewed or supplemented only by a written instrument signed by the Hamilton County Illinois Recorder and the Subscriber.

Governing Law. This Agreement shall be governed by and construed in accordance with the law of the State of Illinois. The venue and jurisdiction for any complaint at law shall be in the 2nd Judicial Circuit Court, Hamilton County, Illinois.




   
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