Pacer & ECF Users Access Policy

If you use our PACER interface or ECF email manager features on either www.inforuptcy.com or www.courtdrive.com, these additional terms apply to you, and you agree to be bound by them in addition to our Terms of Service and other related policies. Any capitalized terms used herein but not defined below refer to definitions found in our Terms of Service.
1. DEFINITIONS
For the purposes of this Agreement:
  1. 1.1. “PACER” refers to the US government’s court electronic records system (aka Public Access to Court Electronic Records).
  2. 1.2. “NEF” means notice of electronic filing and refers to the NEF system of your jurisdiction
  3. 1.3. “ECF” or “ECF email” refers to those electronic notices sent by your NEF system whenever a filing is made in a bankruptcy case.
  4. 1.4. “Inforuptcy PACER Search” means Inforuptcy’s court filings search feature that allows you to access and retrieve information directly from PACER.
  5. 1.5 “Downloaded Data” means any information or data that 1) you download from PACER using the Inforuptcy PACER Search, or 2) allow to be extracted from Inforuptcy’s ECF email manager feature.
  6. 1.6. “Inforuptcy Data” means data obtained or purchased directly from Inforuptcy without accessing PACER or ECF.
  7. 1.7. “Personally Identifiable Information” means the information required to be redacted pursuant to Federal Rule of Bankruptcy Procedure 9037, which includes an individual’s social security number, taxpayer identification number, birth dates, names of minors, and financial account numbers.
2. ACCOUNTS AND CHARGES
When you access PACER through the Inforuptcy PACER Search, you have the option to use your own PACER account, or to use Inforuptcy’s PACER account. Different charges or payment methods apply for each situation.
  1. 2.1. Using Your Own PACER Account
    If you use your own PACER account, you will be responsible for and will be billed directly by PACER for all PACER charges you incur. There is no charge or billing by Inforuptcy in this case. You shall resolve any billing errors or disputes you may have on your PACER bill directly with PACER. Inforuptcy does not have any affiliation with PACER, and therefore cannot be involved in any billing dispute regarding your PACER account. If you are a fee exempt user as defined by PACER, you shall not use your own PACER account and instead must use Inforuptcy’s PACER account as explained below.
  2. 2.2. Using Inforuptcy’s PACER Account
    If you use Inforuptcy’s PACER account, you will be responsible for and will be billed by Inforuptcy for all PACER charges you incur. In other words, PACER charges shall be passed-through to you even if you are a fee exempt user as defined by PACER. Unless you are a subscriber or have made special billing arrangements for your account, you will pay for your PACER charges incurred through us by purchasing Case Credits on the Inforuptcy website. You will need to maintain a sufficient amount of Case Credits to access PACER through Inforuptcy. Any billing dispute must be submitted to Inforuptcy within with 60 days of incurring the charge in dispute as reflected in your user account’s credit details, otherwise you forfeit any right to dispute your bill or any charge incurred.
  3. 2.3. Purchase of Inforuptcy Data
    When you purchase Inforuptcy Data, you are not accessing PACER; accordingly, no PACER account will be used and you will only be responsible for Inforuptcy charges regarding the data. PACER charges are separate from Inforuptcy Data charges, and you will only be charged for one or the other in any given circumstance.
  4. 2.4. Termination
    Failure to pay any bill or charge when due, or use of fee-exempt PACER credentials, will cause your account to be suspended or terminated.
3. OWNERSHIP OF INFORMATION
Subject to section 6.3 of our Terms and Conditions of Service and without limiting your own rights in and to the Downloaded Data, you hereby grant Inforuptcy any and all rights and interests you may have in and to the Downloaded Data. You waive any claims and release Inforuptcy for any liability relating to or arising from the Downloaded Data. In the event a court of competent jurisdiction determines that your grant of rights herein is invalid or restricted in any way, then you also grant Inforuptcy a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use the Downloaded Data. The foregoing grant of rights (or licenses as may be applicable) includes, without limitation, the rights to store in perpetuity, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the Downloaded Data, and/or to incorporate it into a collective work, all of which may or may not be done for a commercial or non-commercial purposes at Inforuptcy’s sole discretion.
4. COMPLIANCE WITH PACER
When accessing Pacer or ECF through Inforuptcy, you agree to comply with all of Pacer’s rules and policies. You can find a current copy of their rules and policies at www.pacer.gov. Without limiting the foregoing, any use of the Services that causes an unacceptable level of congestion or disruption to the operations of the Pacer will have his or her access to the Services suspended, restricted or terminated.
5. PRIVACY
Laws exist that require filers to redact certain Personally Identifiable Information from the documents they file with the court. However, sometimes errors are made. You agree to uphold the spirit of the redaction requirement. If you notice any Personally Identifiable Information in any of the Downloaded Data or Inforuptcy Data, you will notify us immediately so we can take steps to remove it from the Services. In addition, you will not upload any documents to the Services that contain Personally Identifiable Information.
6. ECF EMAIL MANAGER
If you use our ECF email manager feature, you acknowledge and agree to all of the following:
  1. 6.1. Our ECF email management system provides an inbox only for ECF emails. You will not provide your ECF email to anyone other than the NEF system of your jurisdiction and you will take steps to insure its confidentiality. Further, you will not take any action that would cause spam to be sent to your ECF inbox on our system.
  2. 6.2. We do not recognize or store any emails other than case specific NEF emails; accordingly, general court notices (as well as any other non-case related emails) will not be stored or displayed in your ECF email inbox on our system.
  3. 6.3. Your use of our ECF email management system incurs a PACER charge that Inforuptcy, at its sole discretion, may or may not pass-through to you. You will be notified via email beforehand if you will be charged for the PACER charges we incur, and your continued use of our ECF email management system thereafter will be construed as your agreement to pay such charges. Failure to pay such charges incurred will result in termination of Services.
7. DISCLAIMERS
  1. 7.1. THE SERVICES ARE PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. INFORUPTCY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT. INFORUPTCY DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. INFORUPTCY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INFORUPTCY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SERVICES. YOU SHOULD NOT USE THE SERVICES IN HIGH-RISK ACTIVITIES WHERE SUBSTANTIAL DAMAGE COULD RESULT IF AN ERROR OCCURRED. INFORUPTCY DOES NOT WARRANT OR REPRESENT THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF OR IMPROPER ACCESS TO YOUR DATA. INFORUPTCY IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.
  2. 7.2. IN NO EVENT SHALL INFORUPTCY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT OR THE SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF INFORUPTCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF INFORUPTCY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO INFORUPTCY IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING LIABILITY. TO THE EXTENT ALLOWED IN YOUR JURISDICTION, YOU AND INFORUPTCY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.