SUBSCRIBER AGREEMENT

FOR REMOTE ACCESS TO THE Horry COUNTY Probate COURT Probate PUBLIC COURT RECORDS SYSTEM (PCRS)

1. Purpose of the Agreement: It is the intent of both parties to participate in a program whereby the customer (“Subscriber”) may inspect and copy information in select public court records via remote access whereby such inspection may be made without the need to physically visit the courthouse where the official record is maintained.
2. Description of PCRS: The Horry County Probate Court (the “Probate Court”) provides an online database system allowing Subscribers inquiry-only access to the court’s indices and documents. The information, data and documents accessed by Subscribers in PCRS is not considered the Court’s official record. To ensure accuracy of the data or information, the Subscriber should consult the official record located in Horry County Probate Court’s official court file.
3. Application: To become a Subscriber, a customer must complete an application as prescribed on the Probate Court’s public webpage (the “Application”). A complete Application must be submitted, and payment made, before access to the system will be granted. Once the completed Application is reviewed and payment is processed, the Subscriber will be granted access. By submitting the Application, the Subscriber acknowledges and accepts the terms of this Subscriber Agreement (“this Agreement”)..
4. Term of the Agreement: Subscriber is granted remote access to commence on the day the Application is approved by Court staff and payment is processed. Access to PCRS will continue for the term selected by the Subscriber on the Application (one month or one year), unless terminated as provided herein.
5. Subscriber Fees: The Subscriber shall pay a Subscriber Fee of $150.00 annually or $15 monthly for access to PCRS. Payment of the Subscriber Fee must be received and processed prior to access to PCRS being granted. The Probate Court will suspend or terminate a Subscriber’s access once the paid-for period has elapsed unless additional payment is received. If choosing the monthly subscription option, Subscribers agree to monthly recurring fees to be charged to the form of payment provided at registration. If choosing the annual subscription option, Subscribers agree to annual recurring fees to be charged to the form of payment provided at registration. If payment by check or money order is selected, payment must be received and processed by probate court staff prior to the renewal date to avoid any interruption in access. All fees are subject to change upon renewal of this agreement by the Subscriber, either monthly or annually, depending on the length of service selected in the Subscriber’s Application.
6. Governing Law: Exclusive Jurisdiction: This Agreement and any language herein shall be governed by and construed in accordance with the laws of the State of South Carolina exclusively, without regard to conflict of laws principles. Subscriber agrees that any action arising out of or relating to PCRS, Subscriber’s use of court records, or this Agreement shall be brought exclusively in a South Carolina court of competent jurisdiction located in Horry County, South Carolina, and Subscriber irrevocably submits to such jurisdiction and venue.
7. Severability; Survival: Priority: If any provision of this Agreement is held invalid or unenforceable, it shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. Subscriber’s obligations under Sections 8, 9, and 10 of this Agreement shall survive the termination or expiration of this Agreement and Subscriber’s use of PCRS. If a court order, statute, or rule requires a different handling of specific court records or court filings, the authority controls as to those records to the extent that such court order, statute, or rule conflicts with any provision herein.
8. Subscriber's Obligations; Authorized Use:
   1. The Subscriber must provide the computer hardware and software necessary for access to PCRS. Subscriber shall promptly cease use and notify the Probate Court if Subscriber discovers court records or filings in PCRS that appear sealed, restricted, or contain sensitive personal information that should not be publicly available and shall comply with any instructions from the Probate Court regarding continued access, correction, replacement, or removal of affected records or filings, to the extent permitted by law.
   2. Subscriber shall access and use PCRS solely for lawful purposes and only in a manner consistent with applicable South Carolina law, court rules, and this Agreement. Subscriber shall not: (1) use PCRS to attempt to access sealed, restricted, or non-public records; (2) circumvent, disable, or interfere with access controls; (3) use automated means that materially degrade performance or exceed reasonable use parameters set by the Probate Court; or (4) publish, re-disclose, or repurpose court records or filings in any way that violates law, court order, or privacy rights. Subscriber is responsible for maintaining the confidentiality of credentials and for all access and activity conducted under Subscriber's account, whether authorized or not, and shall promptly notify the Probate Court of any suspected compromise.
   3. Subscriber shall not use personal information found in records or information obtained using PCRS for the purpose of commercial solicitation directed to any person in South Carolina.
9. Limitations of Liability; No Warranties:
   1. The Subscriber and all employees, officers, and agents thereof, assumes all risks associated with the use of PCRS, including, but not limited to, the risks that damage may occur to computer systems, hardware, software or data stored on or contained in computer systems, and the risks arising from Subscriber’s access to, reliance on, or use of PCRS or the court records or filings. PCRS and the court records or filings are provided “as is,” “as available,” and with all faults. The Horry County Probate Court, Horry County Government, and any of their officers, officials, employees, or agents (“Indemnified Parties”) make no representations or warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy, completeness, timeliness, availability, or that the court records or filings are properly redacted or free of sensitive personal information. Subscriber acknowledges that the Indemnified Parties are not providing legal advice and do not act as Subscriber’s agent(s), and that Subscriber has not relied on any statement, omission, description, or guidance from the Indemnified Parties in deciding to access or use PCRS.
   2. The Subscriber relieves and releases the Indemnified Parties from responsibility and liability for all types of damages from the Subscriber’s use of PCRS including loss of use, loss of profits, business interruption, procurement of substitute goods or services, loss of revenues caused by any failure of performance, error, omission, interruption, deletion, defect, incorrect data, delay in operation or transmission of information, data communication line failure, computer virus, theft, destruction, unauthorized access or alteration, regardless of whether from negligence, breach of contract, or any other cause of action, and for all damages resulting from any claim or demand against the Subscriber by any other party.
   3. To the maximum extent permitted by law, in no event shall the Indemnified Parties be liable to Subscriber for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenues, loss of goodwill, loss of data, business interruption, or costs of substitute goods or services, arising out of or relating to Subscriber’s use of PCRS, this Agreement, or the court records or filings, even if the Indemnified Parties have been advised of the possibility of such damages.
   4. Subscriber shall indemnify and hold harmless the Indemnified Parties from and against any and all claims, actions, proceedings, investigations, damages, judgments, settlements, fines, penalties, costs, and expenses, including attorneys’ fees and court costs, arising out of or related to: (1) Subscriber’s access to, use of, or reliance on PCRS or the court records or filings; (2) any alleged re-disclosure, publication, misuse, or mishandling of court records or filings or sensitive personal information by Subscriber or anyone accessing the same using Subscriber’s log-in credentials; (3) Subscriber’s violation of law, court order, or this Agreement; or (4) any third-party claim, including by a data subject, alleging privacy, confidentiality, defamation, negligence, or other harm connected to Subscriber’s access to or use of court records or filings or PCRS. The Indemnified Parties may, at their option, participate in the defense with counsel of their choosing at their own expense. Subscriber shall not settle any claim in a manner that imposes any obligation, admission, or injunctive relief on an Indemnified Party without the Indemnified Party’s prior written consent
10. Limitations of Liability; No Warranties (continue):To the maximum extent permitted by law, Subscriber, on behalf of itself and its heirs, successors, assigns, officers, employees, agents, and representatives, releases, acquits, and forever discharges the Indemnified Parties from any and all claims, demands, causes of action, damages, losses, liabilities, penalties, costs, and expenses of any kind, including attorneys' fees and court costs, whether known or unknown, suspected or unsuspected, arising out of or relating to: (1) Subscriber's access to or use of PCRS or the court records or filings; (2) any alleged failure to redact, any alleged disclosure, or any alleged improper availability of sensitive personal information in the court records or filings; (3) reliance upon any of the court records or filings for any purpose, including legal research, due diligence, litigation, transactional, or investigative purposes; and (4) any interruption, outage, delay, or unavailability of PCRS. Subscriber further covenants not to sue any Indemnified Party for any matter released under this Section, except where such waiver is prohibited by applicable law. The[AH2.1] Probate Court will provide the Subscriber with limited consultation on specific problems that arise in the use of PCRS. The Probate Court does not guarantee consultation results nor warrant or represent that all errors or problems will be corrected.
11. Termination:
    1. Either party may terminate this agreement with fifteen (15) days written notice to the other. Such notice may be sent via email to hcg.probate@horrycountysc.gov or via U.S. mail delivered to P.O. Box 288, Conway, South Carolina, 29526. Subscriber remains responsible for payment of fees, pro rata, for services rendered or obligations incurred through the end of the final month. Refunds will be given on prorated basis for annual subscribers only
    2. This agreement may be terminated immediately by the Probate Court for Subscriber’s failure to comply with the terms of this agreement, or failure to pay fees.
    3. The Probate Court, Horry County Government, or vendors at its direction may monitor the use of this system for illegal, criminal, and unauthorized activities. If such activities are detected, the Probate Court may provide evidence of those activities to law enforcement officials. Subscribers consent to monitoring of all their activities on PCRS. Unauthorized attempts to modify any information stored on PCRS, to defeat or circumvent security features, or to utilize PCRS in a manner other than the intended purposes are prohibited and may result in criminal prosecution and immediate termination of all access to PCRS.

Attorney Web Service (PCRS) Disclaimer

The information available is for restricted attorney use by the Horry County Probate Court.

Restricted access to the information via the Internet is specifically authorized only to pre-registered, pre-paid subscribers who have been granted access by the Horry County Probate Court (the “Probate Court”).

Due to updating cycles and resources, some inaccurate or outdated information may be found. Therefore, the Probate Court makes no guarantees regarding the accuracy, legality, reliability or content of the information provided. The Probate Court disclaims any responsibility or liability for errors, omissions and the accuracy of any information. Users of this website have the responsibility to verify the accuracy, currency and completeness of the information contained.

The information on this site does not constitute the official record of judicial or administrative actions of the Probate Court. If the official records or official printed publications of the Court differs from the contents included on this website, the official records or written publication should be relied upon.

The use of this website, as with all Internet usage, may pose the risk of damage to user computer systems because of the possibility of computer viruses, spyware or software and hardware incompatibility. Users of this website assume all risks associated with the use of this website, including the risks that damage may occur to user computer systems, software or data stored on or contained in user computer systems. The Probate Court disclaims all responsibility and liability for all types of damages including damages to compensate for loss of use, loss of profits, business interruption, procurement of substitute goods or services, loss of revenues caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission of information or data, communication line failure, computer virus, theft, destruction, unauthorized access or alteration regardless of whether for negligence, breach of contract or any other cause of action.

The Probate Court may monitor the use of this website for illegal, criminal and unauthorized activities. If such activities are detected, the Probate Court may provide evidence of those activities to law enforcement officials. Users of the PCRS website expressly consent to monitoring. Unauthorized attempts to modify any information stored on this system, to defeat or circumvent security features, or to utilize this system in a manner other than for the intended purposes are prohibited and may result in criminal prosecution.

Horry County Probate Court PCRS System

Software Requirements:

• PCRS may be accessed using Chrome for Windows, Firefox for Window or Safari for Windows. PCRS has not been tested when using browsers with Mac OS and may or may not function correctly when accessing PAWS from Mac, iPad, tablet or other mobile device.
• Viewing documents requires the use of BRAVA Reader or another compatible .tiff/.tif reader.
• Please disable any Pop-up Blocker or allow pop-ups from https://scportal.hostedbyspartan.com/HorryACMSPortal/Attorney. Pop-up blockers may prevent the reader from displaying the separate document window.

Using the PCRS System:

• Do not bookmark or save as a favorite any of these pages and then try to return to a specific page later. Use the function buttons located near the bottom of each page (**OK** or **Cancel**) to move forward or backward through the system.
• When you are finished, please logoff by selecting **Logout** in the upper right-hand corner of the menu bar. If you let this application sit idle on your computer for a significant amount of time, the system will automatically log you off.
• Successful printing of lists and document images is entirely dependent on your browser and .tiff reader. The Probate Court does not provide support for printing issues.