NYS Criminal Inquiry System (NYS CIS) Terms of Use
1 GENERAL
1.1 These Terms of Use govern an Authorized User’s access to and use of the NYS Criminal Inquiry System (NYS CIS).
1.2 By use of NYS CIS, 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: A individual authorized to have access to NYS CIS by a User Organization pursuant to its NYS CIS Access Agreement, and upon consent of UCS.
Login Credentials: An Authorized User’s login name and password.
Permitted Purpose: The purpose for which User Organization has been granted access to NYS CIS, as set forth in its NYS CIS Access Agreement.
NYS CIS: NYS Criminal Inquiry System, the web-based, read-only access portal to criminal docket information.
NYS CIS Access Agreement: Agreement between UCS and a User Organization that enables Authorized User(s) to access NYS CIS.
System Data: All records, documents, data, or other information, from time to time contained within NYS CIS.
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 NYS CIS.
3 GRANT OF ACCESS
3.1 Authorized User is hereby granted limited, revocable and non-transferable access to use NYS CIS, solely to the extent authorized under Authorized User’s NYS CIS Access Agreement, and as otherwise permitted under applicable law.
3.2 UCS reserves the right to limit, suspend or revoke access to NYS CIS to any Authorized User at any time, as provided herein, and otherwise within its sole discretion.
4 NYS Criminal Inquiry System ACCESS AND USE
4.1 NYS CIS Limitations
Authorized User Access to System Data shall be limited as follows:
1. Authorized Users may only access or use NYS CIS to perform functions strictly necessary to perform User Organization’s Permitted Purpose.
2. For Authorized Users granted NYS CIS access for the purpose of representing or providing services to individual clients: Authorized Users may only view System Data contained within the case docket(s) of the clients to whom User Organization represents or otherwise provides services.
3. For Authorized Users whose Organization does not represent individual clients: Authorized User access shall be limited to the purpose or purposes for which User Organization has been granted access to NYS CIS under the terms of its NYS CIS Access Agreement.
4.2 NYS CIS Restrictions
In addition to the requirements otherwise set forth herein, Authorized Users 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 NYS CIS 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 NYS CIS source code.
6. Take any action that imposes an unreasonable load on the NYS CIS infrastructure, interferes or attempts to interfere with the proper working of NYS CIS, or any activity being conducted thereon.
7. Delete or alter any System Data.
8. Interfere with or try to disrupt NYS CIS.
9. Link NYS CIS, 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 NYS CIS and the System Data.
6 APPLICATION/REGISTRATION
6.1 By use of NYS CIS, Authorized User affirms that they have provided accurate and complete information in connection with their application for NYS CIS access.
6.2 UCS reserves the right to reject any application for NYS CIS 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 username and password (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 NYS CIS 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 connection therewith.
7.1.5 Authorized User is required to log in to NYS CIS a minimum of every sixty (60) days. Not logging in within ninety (90) days will result in Authorized User’s NYS CIS account being suspended.
7.2 User Computers/Devices
7.2.1 Any device used to access System Data must be secure and must meet the following minimum standards:
(a) Actively Managed Device: Device must be automatically updated. The device must regularly check in, 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 has no expectation of privacy in connection with their use of NYS CIS. Authorized User’s use of NYS CIS constitutes express Authorized User 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 NYS CIS, 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 NYS CIS, 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) NYS CIS will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) NYS CIS will be free of viruses or other harmful materials; or (iv) NYS CIS will perform in a particular manner.
9.3 UCS has no obligation to provide any support for use of NYS CIS.
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, its officers and employees, from any and all liability for claims, damages, costs and expenses arising from or related to use of NYS CIS.
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 use of NYS CIS, whether based on breach of contract, breach of warranty, tort, or any other pecuniary loss, 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 NYS CIS 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 of NYS CIS, 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 NYS CIS Access Agreement, the NYS CIS 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 are 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 NYS CIS following any changes constitutes Authorized User’s acceptance of the updated terms.
11.7 Changes to NYS CIS. UCS reserves the right to amend or discontinue any feature of NYS CIS 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 NYS CIS or System Data are conferred to Authorized User.
11.10 Law/Jurisdiction. All matters arising out of the grant by UCS of access to NYS CIS, 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.