1. As referenced in these terms and conditions, the terms below shall have the following meanings:
   1. CRA: Consumer Reporting Agency.
   2. CRRB: The Criminal Record Review Board.
   3. CORI: Criminal Offender Record Information.
   4. DCJIS: The Massachusetts Department of Criminal Justice Information Services.
   5. iCORI service: The internet-based service used to request and obtain CORI and self audits.
   6. Requestor: A registered user of the iCORI service and any additional authorized users for the requestor's account. Requestor, as used in these terms, also includes Consumer Reporting Agency requestors.
2. The use of the DCJIS iCORI application is subject to Massachusetts General Law and to Federal law, including, but not limited to, M.G.L. c.6, §§ 167-178B (the CORI Law), M.G.L. c. 66, § 10 (the Public Records Law), M.G.L. c. 266, § 120F (Unauthorized use of a computer), and any current or future laws applicable to the use of computer systems or personal information. The penalties for violations of these laws include both civil and criminal penalties.
3. A requestor may only request the level of CORI access authorized by statute or the DCJIS for the type of request being submitted. A requestor who submits a CORI request using an access level higher than that authorized for the type of request being submitted will be in violation of the CORI law and DCJIS regulations and may be subject to both civil and criminal penalties.
4. Requestors registered to access CORI as an organization agree that, by using the iCORI system, the organization is liable for any violations of the CORI law, of DCJIS regulations, or of the iCORI terms and conditions committed by any users of the requestor's account. Individual users of the requestor's account may also be individually liable for any such violations of these laws, regulations, or terms and conditions.
5. An individual or entity who knowingly requests, obtains, or attempts to obtain CORI or a self-audit from the DCJIS under false pretenses, or who knowingly communicates, or attempts to communicate, CORI to any individual or entity except in accordance with the CORI law and DCJIS regulations, or who knowingly falsifies CORI or any records relating thereto, or who requests or requires a person to provide a copy of his or her CORI except as authorized pursuant to M.G.L. c. 6, § 172, shall, for each offense, be punished by imprisonment in a jail or house of correction for not more than one year or by a fine of not more than $5,000.00. In the case of an entity that is not a natural person, the amount of the fine may not be more than $50,000.00. In the case of such a violation involving juvenile delinquency records, an individual or entity shall, for each offense, be punished by imprisonment in a jail or house of correction for not more than one year or by a fine of not more than $7,500.00. In the case of an entity that is not a natural person, the amount of the fine may not be more than $75,000.00.
6. Neither the DCJIS nor the CRRB shall be liable in any civil or criminal action due to any CORI or self-audit report that is disseminated by the DCJIS or the CRRB, including any information that is false, inaccurate, or incorrect, because it was erroneously entered by the court or the Office of the Commissioner of Probation.
7. CORI results are based on an exact match of the information provided by the requestor to information as it appears in the CORI database. Requestors are responsible for entering accurate information for the subject requested. In addition, it is the requestor's responsibility to compare the CORI or self-audit results received from the iCORI service to the subject's personal identifying information to ensure that the results match this information. The DCJIS is not liable for any errors or omissions in the CORI results based on a requestor's entry of inaccurate, incorrect, or incomplete subject information. Furthermore, NO REFUNDS of CORI fees will be provided because of data entry errors or other errors or omissions made by the requestor.
8. Each requestor who submits 5 or more background checks annually must have a written CORI policy. Each requestor is responsible for adopting its own CORI policy. The DCJIS publishes a model CORI policy on its website that may be adopted for use by requestors. If this requirement applies to a requestor, the requestor agrees that at the time of submission of any CORI request, it has adopted a CORI policy.
9. By using the iCORI service, the requestor agrees that it has reviewed and understands all training materials regarding the CORI process and CORI requirements available from the DCJIS. Requestors are solely responsible for reviewing and understanding the training materials provided by the DCJIS.
10. Requestors who seek to receive the standard or required level of access to CORI for employment, housing, licensing, or volunteer purposes must ensure that the following are completed prior to submitting a CORI request:
    1. completion of a CORI Acknowledgement Form for each subject to be checked;
    2. verification of the identity of the subject using an acceptable form of government issued identification;
    3. obtaining the subject's signature on the CORI Acknowledgement Form;
    4. signing and dating the CORI Acknowledgement Form certifying that the subject was properly identified; and
    5. confirming that the requestor is in compliance with all applicable laws and regulations.
11. All requestors, including those that request CORI through a CRA, must comply with 803 C.M.R. 2.00 and, if applicable, 803 C.M.R. 5.00. In addition, CRAs are also responsible for ensuring compliance with the Fair Credit Reporting Act and with DCJIS regulation 803 CMR 11.00.
12. Each requestor is responsible for maintaining and keeping current all information for his/her/its iCORI registration. This includes renewing the iCORI registration on an annual basis, updating all contact information in the iCORI service on a regular basis, including the addition and removal of authorized users, and notifying the DCJIS immediately if any organization changes affect the level of access for which the requestor is authorized. Failure to maintain updated registration information may result in the suspension or revocation of iCORI access.
13. It is solely the responsibility of each Requestor to keep his/her username and password confidential. Under no circumstances is any Requestor's username and password to be shared with another individual. By using this service to access CORI, the Requestor agrees that he or she is assuming the risk of an unauthorized person learning the Requestor's e-mail address, Username, and password. A Requestor may be in violation of M.G.L. c. 6, §§ 167-178B, should CORI be unlawfully accessed and/or disseminated via his/her iCORI account.
14. To ensure the integrity of the iCORI service, and to provide privacy protections for the transactions conducted on it, all transactions and activity are monitored to identify attempts to unlawfully upload or change information. If such monitoring reveals evidence of possible misuse or criminal activity, that evidence will be forwarded to law enforcement for investigation and/or prosecution.
15. No part of this web site or the iCORI service, or any information contained herein, may be reproduced, republished, redistributed, or transmitted, in whole or in part, in any form or by any means, electronic or mechanical, by any information storage or retrieval service, unless in accordance with M.G.L. c. 6, §§ 167-178B and 803 CMR 2.00-11.00 et. seq., inclusive, and with the express written permission of the Commissioner of the DCJIS.
16. A requestor that uses CORI to commit a crime against, or to harass, another individual is subject to the criminal penalties set forth in M.G.L. c. 6, §178 ½, including imprisonment in a jail or house of correction for not more than one year and a fine of not more than $5,000.00. The DCJIS and the CRRB disclaim any liability for the improper use or dissemination of information obtained through the iCORI service.
17. Requestors are subject to audit at any time by the DCJIS and may be asked to produce documentation to demonstrate compliance with these provisions and with DCJIS regulations (803 CMR 2.00-11.00 et seq.).
18. No information obtained from the iCORI service or from DCJIS personnel regarding use of the iCORI service shall be construed as legal advice.
19. The DCJIS reserves the right to alter, amend, or discontinue any feature of the iCORI service or the conditions of its use at any time. Any such changes will be announced on the iCORI service and/or the DCJIS website in advance. The user is subject to the terms of use in effect at the time of his/her agreement. The DCJIS and the CRRB shall not be liable for any damages associated with use of this site.
20. These Terms and Conditions are governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these Terms and Conditions is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be considered void. The remaining provisions shall remain valid and enforceable.
21. I affirm that I have read and understand these Terms and Conditions. Further, I acknowledge, agree to, and am bound by, these Terms and Conditions, as well as by M.G.L. c. 6, §§ 167-178B, inclusive, and 803 CMR 2.00-11.00, inclusive.