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03-13-23-R
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03-13-23-R
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10. AVAILABILITY. Specific terms of availability shall be established by the Court <br />and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to <br />terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's <br />Authorized Court Data Services in the event the capacity of any host computer system or legislative <br />appropriation of funds is determined solely by the Court to be insufficient to meet the computer <br />needs of the courts served by the host computer system. <br />11. [reserved] <br />12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set <br />forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in <br />this Subscriber Amendment. <br />a. Judicial Policy Statement. Subscriber agrees to comply with all policies <br />identified in Policies & Notices applicable to Court Records accessed by Subscriber using <br />Authorized Court Data Services. Upon failure of the Subscriber to comply with such <br />policies, the Court shall have the option of immediately suspending the Subscriber's <br />Authorized Court Data Services on a temporary basis and/or immediately terminating this <br />Subscriber Amendment. <br />b. Access and Use; Log. Subscriber shall be responsible for all access to and <br />use of Authorized Court Data Services and Court Records by Subscriber's bona fide <br />personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber <br />has knowledge of or authorizes such access and use. Subscriber shall also maintain a log <br />identifying all persons to whom Subscriber has disclosed its Court Confidential Security and <br />Activation Information, such as user ID(s) and password(s), including the date of such <br />disclosure. Subscriber shall maintain such logs for a minimum period of six years from the <br />date of disclosure, and shall provide the Court with access to, and copies of, such logs upon <br />request. The Court may conduct audits of Subscriber's logs and use of Authorized Court <br />Data Services and Court Records from time to time. Upon Subscriber's failure to maintain <br />such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, <br />the Court may terminate this Subscriber Amendment without prior notice to Subscriber. <br />C. Personnel. Subscriber agrees to investigate, at the request of the Court <br />and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel <br />having access to or use of Authorized Court Data Services, Court Confidential Information, <br />or trade secret information of the Court and its licensors where such persons are alleged to <br />have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial <br />Branch policies, or other security requirements or laws regulating access to the Court <br />Records. <br />d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota <br />Government entity that is subject to the Minnesota Government Data Practices Act, Minn. <br />Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. <br />Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules <br />promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision <br />4(e) requires that Subscriber comply with the Rules of Public Access and other rules <br />promulgated by the Minnesota Supreme Court for access to Court Records provided via the <br />7 <br />
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