Defendant/Juvenile: By checking below, it is with the understanding that computer
access to the Internet may pose significant risk of re-offense if not properly managed,
the above named individual voluntarily agrees to the following terms and conditions
related to the services provided by REMOTECOM:
1. You shall not possess or let another individual possess an unauthorized computer
in your home. (“Unauthorized” means any computer that is not being actively monitored
by the monitoring service without prior approval from the Supervising Officer.)
2. You are permitted to use computer systems at your place of employment for employment
purposes only with prior approval from the Supervising Officer.
3. You are permitted to use computer systems at the educational facility where you
are enrolled for education-related purposes only with prior approval from the Supervising
Officer.
4. You must provide to the Supervising Officer or designee all usernames, and user
passwords for email, electronic bulletin boards, chats, instant messaging, newsgroups,
user groups, and peer-to-peer file sharing programs if you are required to do so
by law or by the court as a special condition of your probation.
5. You shall not view, subscribe to, download, or transmit any sexually oriented
or sexually stimulating material in any medium, including but not limited to text,
images, movies, or other multi-media files, in violation of state or federal laws
or if the court so orders as a special condition of probation.
6. You agree not to search for, view, download, possess, or transmit certain materials
related to, or part of, the grooming cycle for your crime. Such materials include,
but are not limited to, the following: images of your victim, fictional stories
or images related to your crime or similar crimes, or images that depict individuals
similar to your victims (e.g. children).
7. You agree that you will not use any form of encryption, cryptography, stegonography,
compression, password protected files or other method that might limit access to
or change the appearance of data or images without prior written approval from your
Supervising Officer or designee. If, for work purposes, password protection is required
on any system or files used by you, you will provide the password upon request of
the Supervising Officer or designee.
8. You agree that you will not prevent the creation of, alter, or destroy records
of computer use without the Supervising Officer or designee’s approval. This includes,
but is not limited to, deleting or altering of browser history data regardless of
its age, or possessing software or items designed to boot into RAM, kernels, alter
or wipe a computer media, forensic software, or block monitoring software. You also
agree not to restore the monitored device to a previous state or to reinstall the
operating system without the prior express written approval of the Supervising Officer.
9. You voluntarily consent to announced and unannounced examination by the Supervising
Officer or designee of any and all computer(s) and/or electronic devices(s) to which
you have access for the limited purpose of detecting content prohibited by this document,
conditions of probation/ parole, or court order. This consent to examine includes
access to all data, including images, stored on hard disks, Zip Disks, floppy diskettes,
CD ROMs, optical disks, magnetic tape and/or any other storage media whether installed
within a device or removable and separate from the actual computer device.
10. You will provide the Supervising Officer or designee with a current list of all
equipment used or possessed by you, including back-up systems, and external storage
devices and media. You will keep this list current.
11. You agree to install, or allow to be installed at you own expense, equipment
or software to monitor or limit computer use. You agree to waive any expectations
of privacy from the Supervising Officer, his or her designee, Agencies and/or Governments
responsible for supervising your probation, or RemoteCOM regarding computer use or
information stored on the computer if monitoring software is installed and understand
and agree that information gathered by said monitoring software may be used against
you in subsequent court actions regarding your computer use and conditions of supervision.
12. You agree to be fully responsible for all material, data, images and information
found on your computer, or any devices subject to monitoring/search at all times.
13. You specifically agree and voluntarily consent that your computer may be examined
and/or searched at any time, announced or unannounced, by your Probation Officer
or designee to verify compliance with these special conditions of supervision. You
understand and agree that your computer, related equipment, and storage devices are
subject to seizure by Supervising Officer or designee if, during an announced or
unannounced examination of the computer or other media, the Supervising Officer or
designee finds any evidence of computer use prohibited by this document.
14. You shall not use or own any device which allows Internet access other than authorized
by the Supervising Agency or your Supervising Officer. This includes but is not limited
to, satellite dishes, PDA’s, Electronic Games, Gaming systems, Web-Television, Internet
appliances, and cellular/digital phones.
15. You shall not have another individual access the Internet on your behalf to obtain
files or information which you are restricted from accessing yourself.
16. You shall submit any and all computers or devices which allows Internet access
within your residence for monitoring, which are owned or used by you. All of these
computers and devices are required to be monitored under the scope of this agreement
and are subject to random searches by the Supervising Agency, your Supervising Officer,
or designee.
17. You are strictly prohibited from purchasing, playing, registering, or participating
in any online game without the prior express written approval of the Supervising
Officer or designee, if a court so orders in as a special condition of supervision.
18. You are responsible for any and all costs reasonably incurred for monitoring
services. This includes, but is not limited to, the initial preview of your computer
systems if required, the installation of software used by the monitoring service,
the monthly monitoring fees, and any applicable taxes. These fees are set out in
the installation handout.
19. You agree to pay your monitoring fees which are due on the 25th of the month
prior to the period you are being monitored for. You also agree to pay any additional
fees such as late fees, and reinstall fees. These fees are set out in the installation
handout.
20. Your designated computer will be monitored by REMOTECOM. It is your sole responsibility
to notify any user of the conditions of this agreement.
21. You voluntarily waive any expectation of privacy from Probation/ Parole Operations,
Agencies and/or Governments responsible for your supervision, or REMOTECOM while
using this system. You agree to inform other persons who use, or may use, the monitored
device that the device is being monitored, and that they should not expect their
use of the monitored device to be private. You understand this may include communication
with lawyers, doctors, and clergy members, and that there are alternative means of
communicating with the above persons other than through the monitored device. By
using this system you agree to the terms of this agreement.
