Terms of Use
In order to register
for an account with the North Carolina Electronic Filing System (eFiling), you (User)
must accept the terms of use below. This serves as your agreement with the North Carolina state courts for the purpose of electronically filing court case documents
using the eFiling system and will remain in effect as long as you are an active
registered user. Failure to accept these terms will result in denial of access
to the eFiling system. Failure to adhere to these terms may result in
revocation of access to the eFiling system.
User accepts and agrees to the following:
User Accounts
·
To provide accurate
and complete information as required by the North Carolina Administrative
Office of the Courts (AOC).
·
To promptly notify
the AOC of any change to User's profile information including, but not limited
to, any change in name, address, firm affiliation or status as a member in good
standing of the North Carolina State Bar.
·
Not to use or attempt
to use a user ID that is obscene, offensive, potentially libelous, or
deceptive. A deceptive user ID includes, but is not limited to, a user ID that
could be construed to give a false or misleading impression of the individual
owner's identity or association with any other legal entity.
·
To be bound by
and follow the eFiling rules set forth at www.efiling.nccourts.org Click here
to access the rules: http://www.efiling.nccourts.org/manual/fiCourtRules.htm
·
That only a
natural person will be issued a user ID, and an individual may have only one
active user ID at any given time.
·
To notify the
AOC immediately of any breach of user ID security, including any use of the
user ID by an individual not expressly authorized to do so by User.
·
That User shall
be responsible for the security and use of the user ID and password. Any electronic
filing or other interaction with the eFiling system by that user ID and
password shall be deemed to be made by User or with User's express
authorization.
·
That a user ID
and password may not be transferred to anyone. Upon cessation of use of a user
ID by the individual to whom it originally was assigned, User agrees to notify
the AOC immediately to terminate the user ID.
·
To suspension of
User's account by the AOC if the AOC determines that there is any misuse, abuse
or fraudulent use of the account. Service will also be suspended if any
information provided during the account registration process is false or fraudulent.
·
That misuse,
abuse or fraud may also result in civil liability, criminal prosecution, a
grievance being filed with the appropriate licensing agency or any combination
thereof.
·
To cooperate with
the AOC and law enforcement during investigations into misuse, abuse or fraud.
System Use
·
Electronic
filings are governed by all provisions of the Supplemental Rules of Practice and Procedure for the North Carolina eFiling Pilot Project (the "eFiling Rules").
·
To submit court
filings electronically only for civil court cases for which User is an attorney
of record or an active party.
·
That use of the
eFiling login process with a user ID and password, followed by submission of
electronic documents to the eFiling system, constitutes User's "signature" for
the purposes of Rule 11 of the North Carolina Rules of Civil Procedure.
·
That case summary
information for all cases in the eFiling system will be viewable by anyone with
an account, but only the counsel of record and parties to a case can access the
documents electronically filed for that case.
·
That all
documents filed by and information provided to the eFiling system by User is
subject to the Public Records Act, N.C.G.S. Chapter 132, and may not be
designated confidential, proprietary, or otherwise protected from public
disclosure.
·
That
unavailability of the eFiling system shall neither constitute a basis for an
extension of time in which to file any matter with the court nor in any way
affect any applicable statute of limitations. In the event of any unavailability
of the eFiling system, User agrees that time-sensitive documents must be filed
in hard copy with the clerk of superior court in order to meet any applicable
deadline.
Technical
·
That the AOC may
deploy updates or modifications to the eFiling system at any time, with or
without prior notice, and that User's continued use of the eFiling system to
file documents electronically with the courts constitutes acceptance of the
system as updated or modified.
·
That the AOC may
delay, limit, or deny access to the eFiling system due to system outages,
scheduled maintenance and backups, or unforeseen events that may occur.
·
That the AOC will
make reasonable efforts to provide prompt notice of any denial of access and
the anticipated duration of such denial of access, but failure of the AOC to
give such notice shall not constitute a waiver of any part of these Terms of
Use or justification for User's failure to comply with the eFiling Rules, the
North Carolina Rules of Civil Procedure, the Revised Rules of Professional
Conduct, or the North Carolina General Statutes.
·
To use software
for document production and access to the eFiling system compliant with the eFiling
Rules and the AOC's recommended specifications, as updated periodically on the
AOC's website.
·
That User assumes
all risk and waives any claim for damages against the AOC resulting from use of
the eFiling system.
Miscellaneous
·
That changes to
these Terms of Use are within the sole discretion of the AOC. Any change in these
Terms of Use will be posted on the North Carolina Courts website
(www.nccourts.org). Continued use of the eFiling system following the posting
of changes constitutes User's acceptance and agreement to the changes.
·
That, by use of
the eFiling system, User acquires no ownership or intellectual property
interest in the eFiling system, its content or related materials, including,
but not limited to user IDs or passwords; user profile information; documents
filed electronically; user interface design, format or content; titles or
terminology; logos or other artwork; or training materials and documentation.
User agrees that all such intellectual property is the sole property of the AOC
or of the vendor selected to develop or host the eFiling system, and that no
such content may be reproduced without permission.
·
Not to develop,
produce or disseminate any derivative work or product based upon or intended to
interact with the eFiling system without permission of the AOC and any vendor
selected to develop or host the system.
·
Not to employ
any software that collects, intercepts, or otherwise "mines" information or
content from the eFiling system.
·
That these Terms
of Use, their situs and forum, shall be Wake County, North Carolina, where all
matters, whether sounding in contract or tort, relating to its validity,
construction, interpretation and enforcement shall be determined, governed, and
construed in accordance with the laws of the State of North Carolina.
·
That the
continuation or any renewal or extension of the eFiling system is dependent
upon and subject to the allocation, availability or appropriation of State
funds appropriated to the AOC.
·
That if any
section of this Terms of Use shall, for any reason, be held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions of this contract.
·
That the failure
of either party to enforce any term of this Terms of Use on one or more
occasions will not constitute a waiver of the rights or remedies of either
party to enforce such or any other term of this Agreement on any other
occasion.
·
That these Terms
of Use shall survive for as long as the User has an account for eFiling, is a
party in an action that is filed using the eFiling system or is counsel for a
party in a case that is filed using eFiling.
