Criminal Court Reporting Portal (CCRP)
Terms of Use
1 GENERAL
1.1 These Terms of Use govern an Authorized User's access to and use of the Criminal Court Reporting Portal (CCRP) and System Data.
1.2 By use of CCRP, Authorized User affirms that they have read and understand these Terms of Use and accepts and agrees to comply with them.
2 DEFINED TERMS
The following capitalized terms shall have the meanings specified below (and shall include the singular and the plural):
Authorized User: An individual authorized to have access to CCRP by a User Organization pursuant to its CCRP Access Agreement, and upon consent of UCS.
Login Credentials: An Authorized User's login name and password to access CCRP.
Permitted Purpose: The purpose for which User Organization has been granted access to CCRP, as set forth in its CCRP Access Agreement.
CCRP: Criminal Court Reporting Portal, the web-based access portal to System Data.
CCRP Access Agreement: Agreement between UCS and a User Organization that enables an Authorized User to access CCRP.
System Data: All records, documents, data, or other information from time to time contained within CCRP.
Terms of Use: The terms and conditions contained herein.
UCS: The New York State Unified Court System.
User Organization: A legal entity, public or private, including an individual, duly granted permission by UCS to enable Authorized User to access and use CCRP.
3 GRANT OF ACCESS
3.1 Authorized User is hereby granted limited, revocable and non-transferable access to use CCRP, solely to the extent authorized under the CCRP Access Agreement, and as otherwise permitted under applicable law.
3.2 UCS reserves the right to limit, suspend or revoke access to CCRP to any Authorized User at any time, as provided herein and the CCRP Access Agreement, and otherwise within its sole discretion.
4 Criminal Court Reporting Portal ACCESS AND USE
4.1 CCRP Limitations
Authorized User may only access or use CCRP and System Data to perform User Organization's Permitted Purpose in accordance with the terms of its CCRP Access Agreement.
4.2 CCRP Restrictions
In addition to the requirements otherwise set forth herein and the CCRP Access Agreement, Authorized User shall not:
1. Access, view or use System Data outside the scope of their official duties with User Organization.
2. Sell or publish System Data.
3. Transfer, distribute, transmit, or otherwise disclose, directly or indirectly, to any third party, or allow any such party to use System Data, other than for a Permitted Purpose.
4. Aggregate, copy or duplicate System Data, except for a Permitted Purpose.
5. Use any robot, spider, script, service, software or any manual or automatic device, tool, or process designed to:
(a) data mine, scrape or otherwise access System Data by automated means;
(b) circumvent any restriction, condition, or technological measure that controls access to CCRP in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits; or
(c) reverse engineer or attempt to obtain the CCRP source code.
6. Take any action that imposes an unreasonable load on the CCRP infrastructure, interferes or attempts to interfere with the proper working of CCRP, or any activity being conducted thereon.
7. Delete or alter any System Data.
8. Interfere with or try to disrupt CCRP.
9. Link CCRP, directly or indirectly, to any other website.
4.3 Penalties for Violation
Any violation of these Terms of Use may subject Authorized User to civil and criminal penalties, damages and sanctions.
5 LEGAL COMPLIANCE
Authorized User is responsible for complying with all applicable laws, rules, regulations, restrictions and professional standards pertaining to their use of CCRP and the System Data.
6 APPLICATION/REGISTRATION
6.1 By use of CCRP, Authorized User affirms that they have provided accurate and complete information in connection with their application for CCRP access.
6.2 UCS reserves the right to reject any application for CCRP access from any person:
(b) who provides any false or fraudulent information in their application.
7 SECURITY
7.1 Login Credentials
7.1.1 Authorized User's Login Credentials are for Authorized User's use only.
7.1.2 Authorized User is responsible for setting and maintaining the security of their Login Credentials. Authorized User must keep their Login Credentials confidential. Authorized User shall not allow any other person to use their Login Credentials or permit any other person who is not an Authorized User, to view an open CCRP screen.
7.1.3 Authorized User is fully responsible for all activity that occurs under their Login Credentials.
7.1.4 If an Authorized User has reason to believe that their Login Credentials have been compromised or that there has been unauthorized use of their account, they must immediately notify their User Organization, and must cooperate with any assessment, investigation, mitigation or recovery activities undertaken in connection therewith.
7.1.5 Authorized User is required to log in to CCRP a minimum of every ninety (90) days. Not logging in within ninety (90) days will result in Authorized User's CCRP account being suspended.
7.2 User Computers/Devices
7.2.1 Any device used to access CCRP and System Data must be secure and must meet the following minimum standards:
(a) Actively Managed Device: Device must be automatically updated and have a mechanism to restrict use of such device upon failure to timely update. The device must regularly connect to the network in order to apply operating system and application patches.
(b) No Unsupported Applications: Device may not be running any vendor unsupported applications.
(c) Encrypt Device: Device hard drives and storage must be encrypted using modern/accepted encryption algorithms.
8 MONITORING/COMPLIANCE
Authorized User acknowledges that they have no expectation of privacy in connection with their use of CCRP. Authorized User's use of CCRP constitutes their express consent for authorized UCS personnel to monitor such use for security and compliance, without additional prior notice or disclosure to Authorized User.
9 NO WARRANTIES / REPRESENTATIONS / OBLIGATIONS
9.1 To the extent permitted by law, UCS disclaims any and all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, warranties regarding security, timeliness, and performance of CCRP, and the accuracy and content of System Data. System Data is not to be considered or used as an official court record.
9.2 By using CCRP, Authorized User agrees that the System Data is provided "as is" and the use thereof is solely at Authorized User's discretion and risk. UCS does not warrant that: (i) CCRP will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) CCRP will be free of viruses or other harmful materials; or (iv) CCRP will perform in a particular manner.
10 NO LIABILITY
10.1 To the maximum extent permitted by applicable law, Authorized User hereby releases and waives all claims against UCS, the State of New York, and their respective officers and employees, from any and all liability for claims, damages, costs and expenses arising from or related to access or use of CCRP and System Data.
10.2 UCS shall not, under any circumstances, be liable to Authorized User or any other person or entity for any indirect, incidental, consequential, special, or exemplary damages, or any amount, arising out of or in connection with the access or use of CCRP and System Data, whether based on breach of contract, breach of warranty, tort, or any other pecuniary loss, and whether or not UCS has been advised of the possibility of such damages.
11 MISCELLANEOUS
11.1 Entire Agreement. These Terms of Use, and the CCRP Access Agreement (including any appendices, exhibits annexed hereto, and any documentation expressly incorporated therein), constitute the entire agreement between Authorized User and UCS governing Authorized User's use and access of CCRP and System Data, and supersede all other communications between the parties relating to the subject matter herein.
11.2 Conflicting Terms. In the event of a conflict between the terms of these Terms of Use and the CCRP Access Agreement, the CCRP Access Agreement shall control.
11.3 Headings. The section headings and subheadings contained herein are included for convenience only, and shall not limit or otherwise affect these Terms of Use.
11.4 Severability and Integration. If any part of these Terms of Use is found unenforceable, the rest of the Terms of Use shall remain enforceable to the maximum extent of the law.
11.5 Survival. Any provision that by its nature must survive the termination of these Terms of Use to give effect to its intent will so survive.
11.6 Changes to the Terms. UCS may, from time to time and in its sole discretion, modify these Terms of Use, without notice. Authorized User is responsible for reviewing and becoming familiar with any changes. Use of CCRP following any changes constitutes Authorized User's acceptance of the updated terms.
11.7 Changes to CCRP. UCS reserves the right to amend or discontinue any feature of CCRP without prior notice.
11.8 No Waiver. No provision herein may be waived without the written consent of UCS. No failure by UCS to insist upon strict adherence to any provision herein, or to exercise any right or remedy consequent upon a violation thereof, and no acceptance of full or partial performance during the continuance of any such violation, shall constitute a waiver of any such violation or provision.
11.9 Right and Title. No title or intellectual property rights to CCRP or System Data are conferred to Authorized User.
11.10 Law/Jurisdiction. All matters arising out of the grant by UCS of access to CCRP, and use of System Data, shall be governed by and construed in accordance with the laws of the State of New York. A court of competent jurisdiction of the State of New York shall have exclusive jurisdiction of all suits and proceedings related thereto. Authorized User hereby submits to the jurisdiction of said court for the purpose of any such suit or proceeding.