ESS Terms of Service

ESS – 7.1-7.10 Iowa Land Records Terms of Use
(Iowa Code Section 331.604, 3(a))

Updated 8.8.23

ESS – 7.1 Definitions

(Iowa Code Section 331.604, 3(a))

As used in this Chapter:

Abandoned Documents – Any number of associated E-Submission documents within an E-Submission group which have not been submitted or completed within 30 days after the creation of the E-Submission group.

ESS Central Authentication Service – An enterprise single sign-on authentication and authorization platform used by the Electronic Services System (ESS) to enable authorized users to log in and access services and information provided by ESS such as the Search and E-Submission applications.

Internet Protocol Address (IP address) – A numerical label assigned to each device (e.g., computer, printer) participating in a computer network that uses the Internet Protocol for communication.

Iowa Land Records Search Application – The county land record information website for searching and retrieving information about recorded documents and related services.  The website address is https://iowalandrecords.org or https://iowalandrecords.org/cas/login.

Iowa Land Records E-Submission Service – The county land record information website for submitting documents to Iowa counties for recording.  The website address is https://iowalandrecords.org or https://iowalandrecords.org/cas/login.

Site Administrator – The Electronic Services System Project Manager, or a designated employee of the Electronic Services System.

User In Good Standing – An organization, an organization user or a registered individual user who is in compliance with the ESS Terms of Service and who has not or is not likely to be engaged in activities which are prohibited by these Terms of Service including but not limited to the activities enumerated in Section 7.8 (2)

ESS – 7.2 Authority and Purpose.

(Iowa Code Section 331.604, 3(a))

7.2(1) The Electronic Services System (ESS) is required to implement electronic recording in each county, and to maintain a statewide internet website to provide electronic access to records and information.  In order to ensure the successful operation of the county land record information system and to fulfill the requirements of Iowa law concerning the handling of personally identifiable information, it is necessary to establish and publish appropriate Terms of Service and Privacy policies as authorized under Iowa Code Section 22.2, subsection 4a. These policies apply to all persons and organizations that access information or engage in electronic recording activities at websites published by the Electronic Services System and the county land record information system.

ESS – 7.3 Iowa Land Records Search Application Terms of Service.

(Iowa Code Section 331.604, 3(a))

Terms of Service – Disclaimer

The information contained herein is provided as a service to the public for informational purposes only and no representation is made as to its accuracy or fitness for any particular purpose. The Iowa Land Records system, also known as the County Land Record Information System, is not intended to replace a search of the official records maintained in the office of the County Recorder. The Electronic Services System and its agents hereby disclaim any and all liability from or related to the use of the information contained in the Iowa Land Records system, or the County Land Record Information System. Under Iowa law, the Electronic Services System is the sole owner of its compiled and developed information. None of the content or information contained on this website or any part thereof, including any information, products and/or software related to the materials, may be compiled, bundled, grouped, reproduced, shared, transmitted, transcribed, stored in a retrieval system, or translated into any language in any form by any means without the express written permission of the Electronic Services System. Organizations and users of this website are granted a limited license to access the content or information made available on this website. No organization or user or any other party is permitted to sell, share, transfer, loan, license or market the materials or to engage in any similar transaction related to the materials contained on this website to any extent under any circumstances. The Electronic Services System provides any and all materials and other information and/or software distributed on this website “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability or fitness for a particular purpose. In no event shall the Electronic Services System be liable for any loss of profits, lost business, loss of use of data, interruption of business, or for indirect, special, incidental, or consequential damages of any kind. The Electronic Services System may revise the Terms of Service of its website from time to time without notices other than posting on its website.

The performance of this website and all information contained on, downloaded or accessed from this website are provided on an “as is” basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. The Electronic Services System shall be not responsible for any problems or technical malfunction of any communications network or lines, computer online systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to an organization or user or any other person’s computer as a result of using this website.

As a registered organization or user or unregistered user of https://iowalandrecords.org and related extensions, an organization or user acknowledges and agrees that any reliance on or use by the organization or user of any information available on this website shall be entirely at their own risk. In no event shall the Electronic Services System nor any of its service providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if the Electronic Services System or such provider has been advised of the possibility of such damages.

Each registered organization shall ensure that the users who are accessing the website, through user accounts managed by the organization, conform to these Terms of Service.

An organization or user at https://iowalandrecords.org shall maintain accurate user account information concerning their identity including a first and last name, organization name, role, mailing address, e-mail address and telephone number.

Organizations and user accounts and their associated IP addresses which are deemed to be a fictitious identity or impersonation, or created to circumvent these Terms of Service may be temporarily or permanently blocked and/or blacklisted.

If the organization or user account information is not maintained or if the information is inaccurate, or if organization or user account is deemed inactive by a Site Administrator, the user account(s) will be deactivated and will no longer be permitted to access information posted at https://iowalandrecords.org.

As a registered organization or user of the Iowa Land Records system at https://iowalandrecords.org, the organization or user acknowledges and agrees that e-mail is an acceptable means of communication, and the organization or user agrees to accept and whitelist e-mails from either iowalandrecords.org or clris.com and shall not block e-mails originating from these sources.  Newsletters and service announcements are delivered through a recognized third-party service provider – mailchimp.com, and communications from this source shall also be accepted.

If an organization or user wishes to participate in a web conference or other event hosted by the Iowa Land Records system, the organization or user shall provide accurate information concerning their identity including but not limited to the organization name or first and last name.  If the information is not accurate or if the information is incomplete (such as providing a first name only), then the organization or user will not be permitted to have access to the conference or event.

The Iowa Land Records newsletter and other communications distributed by e-mail will comply with the requirements of the CAN-SPAM Act, and the organization or user may submit a request to “opt-out” of the e-mail distribution list.  However, if the organization or user submits an opt-out request to Iowa Land Records concerning any newsletter, service announcement or other communication distributed via e-mail, or if we are unable to communicate with the organization or user via e-mail for any reason, the organization and user account(s) will be deactivated, and the organization or user will no longer be permitted to access information posted at https://iowalandrecords.org.  If the organization or user has a question or comment about this policy, please send an inquiry by email to support@clris.com.

No Unlawful or Prohibited Use

As a condition of the use of the iowalandrecords.org and related extensions (websites), an organization or user will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. An organization or user may not use the website in any manner that could damage, disable, overburden, or impair any Electronic Services System server, or the network(s) connected to any Electronic Services System server, or interfere with any other party’s use and enjoyment of the website.  The maximum number of document images which may be viewed or downloaded by an organization user shall not exceed 120 documents per day, except when authorized by a Site Administrator.  This limitation will be programmatically enforced. Permission to view more than 120 documents per day per organization user may be granted to organization users in good standing on a case-by-case basis.  Such permission may be denied or revoked by a Site Administrator as provided in Section 7.8(2).

The maximum number of document images which may be viewed or downloaded by a registered individual user shall not exceed 10 documents per day, except when authorized by a Site Administrator.  This limitation will be programmatically enforced. Permission to view more than 10 documents per day per registered individual user may be granted to registered users in good standing on a case-by-case basis.  Such permission may be denied or revoked by a Site Administrator for any reason as provided in Section 7.8(2).

Organization or user accounts, and their associated IP addresses, which are deemed to be created to circumvent the daily document image limitations may be temporarily or permanently blocked and/or blacklisted.

An organization or user may not attempt to gain unauthorized access to the website, other accounts, computer systems or networks connected to any Electronic Services System server or to any of the services or information provided, through hacking, password mining, artificial intelligence (AI) or any other means. An organization or user may not obtain or attempt to obtain any content or information through any means not intentionally made available through the website.

Access to the website through an IP address located outside of the United States is prohibited except when authorized by a Site Administrator.  Permission for access through foreign IP addresses may be granted to a User In Good Standing on a case-by-case basis.  Such permission may be revoked by a Site Administrator.

Organization or user accounts and their associated IP addresses which are deemed to be created to circumvent the foreign access prohibition may be temporarily or permanently blocked and/or blacklisted.

Illegal and/or unauthorized uses of the website, including, but not limited to, unauthorized framing of or linking to the website, or unauthorized use of any robot, spider or other automated device on the website, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.

Organization or user accounts and their associated IP addresses which are deemed to be created to circumvent the policies prohibiting illegal or unauthorized uses may be temporarily or permanently blocked and/or blacklisted.

If an organization or user violates these Terms of Service, the Electronic Services System may bar the organization or user from future use of the website and/or take appropriate legal action. The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with the Terms of Service. Any and all litigation or actions commenced in connection with this agreement, including after expiration or termination of this agreement, shall be brought in Des Moines, Iowa, in Polk County District Court for the State of Iowa, if jurisdiction is proper. However, if jurisdiction is not proper in the Iowa District Court, Polk County, but is proper only in a United States District Court, the matter shall be commenced in the United States District Court for the Southern District of Iowa.

Historical Index and Images

The Iowa Land Record indexes have been replicated from the official indexes in each county. In some cases, the indexes and images have been modified to comply with standards established by the Electronic Services System including standards for document types, a standard format for party names, standards for other indexed information, and a standard document image format. The County Recorder indexes and images are the official indexes and images in any and all cases where there is an inconsistency.

As provided in Section 331.606A (Iowa Code), Iowa Land Records and the Electronic Services System have implemented a system for redacting personally identifiable information from document images.  “Personally identifiable information” means one or more of the following specific unique identifiers when combined with an individual’s name:

(1)  Social security number.

(2)  Checking, savings, or share account number, credit, debit, or charge card number.

Driver license information is also being redacted from document images.

Every reasonable measure is taken to redact personally identifiable information from document images before they are posted for public access through Iowa Land Records.  However, no redaction system has been shown to be completely accurate.  Because it is possible that some personally identifiable information may be unintentionally visible in a document image, all users of the website have the responsibility to help protect the privacy of persons whose records may be displayed.

Any personally identifiable information which may be found on any image posted on this website is considered to be confidential.  In the event that an organization or user discovers any personally identifiable information posted on the Iowa Land Records system, as a condition for being an authorized organization or user of the website, the organization or user has the responsibility to immediately notify Iowa Land Records so that the information can be restricted or redacted.  Additionally, each organization or user of the website is expressly prohibited from distributing, sharing, or publicizing any personally identifiable information which may be found.  Personally identifiable information may be reported by using the “Error” button located on a search results page on the website, or by sending a message to support@clris.com.”

Products

Any product mentioned on this website is mentioned for identification purposes only. Product names appearing in any content or information on the website may or may not be registered trademarks or copyrights of their respective companies.

Links to External Sites

Iowa Land Records includes links to websites not under the control of the Electronic Services System. The Electronic Services System does not have control of these other websites and is not responsible for the contents of any website outside of the iowalandrecords.org domain, any domain contained in a linked website, or any changes or updates to such websites. The Electronic Services System provides these links only as a convenience and is not an endorsement by the Electronic Services System.

The Iowa Land Records website is configured to operate with various web browsers including Microsoft Edge, Firefox and Google Chrome. Users should send an inquiry by email to support@clris.com concerning any compatibility issues with web browsers. Internet Explorer is not recommended. Users are advised to install the most recent updates to Adobe Acrobat Reader.

ESS – 7.4 Iowa Land Records Search Application Privacy Policy.

(Iowa Code Section 331.604, 3(a))

Privacy Notice

Iowa Land Records understands issues concerning the handling of information about authorized organizations and users. This notice describes our privacy policy. By visiting Iowa Land Records (iowalandrecords.org or related websites), the organization and user are accepting the practices described in this Privacy Notice.

What Personal Information About Registered Organizations and Users and Does Iowa Land Records Gather?

The information we learn from organizations and users helps us personalize and continually improve the experience of using Iowa Land Records. Here are the types of information we gather.

• Information Given To Us: We receive and store any information entered on the website or given to us in any other way. The information is provided when the organization registers and sets up user accounts. An organization may choose not to provide certain information, but then the organization and user might not be able to take advantage of many features of the website. We use the information that is provided for such purposes as responding to requests, customizing future services, communicating, and generally monitoring the use of the website and system. Examples of the information we collect and analyze include the Internet Protocol (IP) address used to connect a computer to the Internet; login; e-mail address; password; computer and connection information such as browser type and version, operating system, and platform. During some visits we may use software tools such as JavaScript to measure and collect session information, including information about search activities.
• Automatic Information: We receive and store certain types of information whenever an organization or user interacts with us. For example, like many websites, we use “cookies,” and we obtain certain types of information when a Web browser accesses Iowa Land Records.
• E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when an organization or user opens an e-mail from Iowa Land Records if a computer supports such capabilities.
• Information from Other Sources: We might receive information about an organization or user from other sources and add it to our account information. Examples of information we receive from other sources include updated delivery and address information from our carriers or other third parties which we use to correct our records, or credit history information from credit bureaus, which we may use to help prevent and detect fraud.

Does Iowa Land Records Share the Information It Receives?

Information about our registered organizations or users is important to us, and we are not in the business of selling it to others. We share organization or user information only as described below.

• Agents: We employ other companies, organizations and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, processing credit/debit card payments, and providing customer service. They have access to customer and user information needed to perform their functions, but may not use it for other purposes.
• Protection of Iowa Land Records and Others: We release account and other organization and user information when we believe release is appropriate to comply with the law; enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of Iowa Land Records, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. This does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers or users for commercial purposes in violation of the commitments set forth in this Privacy Notice.
• With Consent: Other than as set out above, the organization or user will receive notice when information about the organization or user might go to third parties, and the organization or user will have an opportunity to choose not to share the information.

How Secure Is Information About Organizations or Users?

We work to protect the security of organization or user information.  It is important for organizations or users to protect against unauthorized access to an organization’s or user’s password and computer. Be sure to sign off when finished using a shared computer.

Which Information Can We Access?

Iowa Land Records gives organizations or users access to a range of information about their account and the interactions with Iowa Land Records for the limited purpose of viewing and, in certain cases, updating that information.

What Choices Do We Have?

As discussed above, organizations or users can always choose not to provide information, even though it might be needed to take advantage of some Iowa Land Records features.  An organization or user can add or update certain information about their account. When account information is updated, we may keep a copy of the prior version for our records.

Terms of Service, Notices, and Revisions

If an organization or user chooses to visit Iowa Land Records, the visit and any dispute over privacy is subject to this Notice and our Terms of Service, including limitations on damages, arbitration of disputes, and application of the laws of the State of Iowa.  If an organization or user has any concern about privacy at Iowa Land Records, please contact us with a thorough description, and we will try to resolve it.

Our activities and services change constantly, and our Privacy Notice and the Terms of Service will change also. We may e-mail periodic reminders of our notices and conditions, but an organization or user should check the website frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about an organization, user or account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

Privacy Policy Scope

This Privacy Notice addresses the handling of information about registered organizations and users and customers of the Iowa Land Records Search Application (iowalandrecords.org and related websites).  These policies do not address privacy issues concerning personally identifiable information which may be embedded within document images.  See Section 331.606A (Iowa Code).  Policies relating to personally identifiable information are incorporated within the Terms of Service.

ESS – 7.5 Iowa Land Records E-Submission Service Terms of Service.

(Iowa Code Section 331.604, 3(a))

Terms of Service

Each registered organization and user represents and warrants that he/she agrees that the user identification and authentication procedures implemented by the Iowa Land Records Electronic Submission Service, i.e., a user ID and password, is a valid electronic signature under Section 554D.103 of the Iowa Code, and that it is legally recognized as a signature under Section 554D.108.

Each registered organization and user agrees that submission of a document through the Iowa Land Records Electronic Submission Service is equivalent to delivery of a document through the U.S. mail, courier service or over-the-counter at designated offices in each county or jurisdiction. Organizations and users agree that a County Recorder or other designee may correct any index information submitted which may be in error or which may require clarification. Organizations and users agree that the Iowa Land Records E-Submission Service or a Site Administrator may modify the format or scale of a scanned or rendered electronic document, without altering the content of the electronic document, in order to conform to standards established by the Electronic Services System. Organizations and users agree that a County Recorder or a Site Administrator may delete or otherwise remove Abandoned Documents from the Iowa Land Records Electronic Submission Service.

Organizations and users agree that they are responsible for assuring that documents submitted through the Iowa Land Records Electronic Submission Service are valid and comply with all legal requirements and requirements for recording. Organizations and users agree that electronic documents submitted through the Iowa Land Records Electronic Submission Service have been properly executed by the parties and represent the agreement of the parties.

Organizations and users accept and agree to make payment of due and proper recording and related online service fees through the payment services system specified by the Iowa Land Records Electronic Submission Service, and further agree that the Iowa Land Records Electronic Submission Service may suspend services for failure to make payment or to maintain current payment information as required.

A registered organization or user, when acting as a Surveyor Company or Surveyor as defined in Section 3.1, shall comply with the minimum standards for property surveys as described in Section 193C, Chapter 11 of the Iowa Administrative Code, and with the code of professional conduct as described in Section 193C, Chapter 8 of the Iowa Administrative Code. A Surveyor Company or Surveyor shall, when submitting corner certificates or surveys and plats as electronic documents for recording, comply with the requirements for surveys and plats as specified in Section 3.13 (6-7) of the ESS Policies and Procedures, and with the electronic document formatting requirements specified in Section 5.4 of the ESS Policies and Procedures. Additionally, a registered organization or user acting as a Surveyor Company or Surveyor shall ensure that any survey or plat has been reviewed and approved by any city or county jurisdiction, when such review and approval is required, prior to submitting the survey or plat through the Iowa Land Records E-Submission Service.

Each participating county and county recorder represents and warrants that he/she agrees that the user identification and authentication procedures implemented by the Iowa Land Records Electronic Submission Service, i.e., a user ID and password, is a valid electronic signature under Section 554D.103 of the Iowa Code, and that it is legally recognized as a signature under Section 554D.108.  Each participating county and county recorder agrees that submission of a document through the Iowa Land Records Electronic Submission Service is equivalent to delivery of a document through the U.S. mail, courier service or over-the-counter at designated offices in each county or jurisdiction.

The Electronic Services System provides any and all materials and other information and/or software distributed on this website “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability or fitness for a particular purpose. In no event shall the Electronic Services System be liable for any loss of profits, lost business, loss of use of data, interruption of business, or for indirect, special, incidental, or consequential damages of any kind. The Electronic Services System may revise the Terms of Service of its website from time to time without notice other than posting on its website. The performance of this website and all information contained on, downloaded or accessed from this website are provided on an “as is” basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. The Electronic Services System shall be not responsible for any problems or technical malfunction of any communications network or lines, computer online systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to an organization or user or any other person’s computer as a result of using this website.

As a registered user of the Iowa Land Records E-Submission Service at https://iowalandrecords.org, an organization or user acknowledges and agrees that any reliance on or use of any information available on this website shall be entirely at the organization’s or the user’s own risk. In no event shall the Electronic Services System nor any of its service providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if the Electronic Services System or such provider has been advised of the possibility of such damages.

No Unlawful or Prohibited Use

As a condition of the use of the Iowa Land Records E-Submission Service, an organization or user will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. An organization or user may not use the Iowa Land Records E-Submission Service in any manner that could damage, disable, overburden, or impair any Electronic Services System server, or the network(s) connected to any Electronic Services System server, or interfere with any other party’s use and enjoyment of any Services.

An organization or user may not attempt to gain unauthorized access to any services, other accounts, computer systems or networks connected to any Electronic Services System server or to any of the Services, through hacking, password mining or any other means. An organization or user may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the services. Illegal and/or unauthorized uses of the website, including, but not limited to, unauthorized framing of or linking to the website, or unauthorized use of any robot, spider or other automated device on the website, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.  If an organization or user violates these Terms of Service, the Electronic Services System may terminate the organization’s or user’s use of the website, bar the organization or user from future use of the website and/or take appropriate legal action against the organization or user.  The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with the Terms of Service. Any and all litigation or actions commenced in connection with this Agreement, including after expiration or termination of this Agreement, shall be brought in Des Moines, Iowa, in Polk County District Court for the State of Iowa, if jurisdiction is proper. However, if jurisdiction is not proper in the Iowa District Court, Polk County, but is proper only in a United States District Court, the matter shall be commenced in the United States District Court for the Southern District of Iowa.

Products

Any product mentioned on this website is mentioned for identification purposes only. Product names appearing in this material may or may not be registered trademarks or copyrights of their respective companies.

Links to External Sites

Iowa Land Records includes links to websites not under the control of the Electronic Services System. The Electronic Services System does not have control of these other websites and is not responsible for the contents of any website outside of the Iowa Land Records E-Submission Service (iowalandrecords.org) or any domain contained in a linked website, or any changes or updates to such websites. The Electronic Services System provides these links only as a convenience and is not an endorsement by the Electronic Services System.

ESS – 7.6 Iowa Land Records E-Submission Service Privacy Policy.

(Iowa Code Section 331.604, 3(a))

Privacy Notice

This notice describes our privacy policy. By using the Iowa Land Records E-Submission Service, the organization or user accepts the practices described in this Privacy Notice.

What Personal Information About Customers Does the Iowa Land Records E-Submission Service Gather? The information we learn from customers helps us personalize and continually improve services. Here are the types of information we gather.

• Information Given To ESS: We receive and store any information entered on our website or given to us in any other way. An organization or user can choose not to provide certain information, but then the organization or user might not be able to take advantage of some system features. We use the provided information for such purposes as responding to requests, customizing future services, and communications.
• Automatic Information: We receive and store certain types of information whenever there is an interaction with ESS systems. For example, like many websites, ESS may use “cookies,” and we can obtain certain types of information when a web browser accesses the Iowa Land Records E-Submission Service.
• E-mail Communications: To help make e-mails more useful and interesting, ESS may receive a confirmation when an e-mail from the Iowa Land Records E-Submission Service is opened.
• Information from Other Sources: ESS may receive information about an organization or user from other sources and add it to our account information.

Does Iowa Land Records Share the Information It Receives? Information about our customers is important to us, and we are not in the business of selling it to others. We share customer information only as described below.

• Agents: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
• Protection of the Iowa Land Records E-Submission Service and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of the Iowa Land Records E-Submission Service, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. This does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.
• With Consent: Other than as set out above, an organization or user will receive notice when information might go to third parties, and there will be an opportunity to choose not to share the information.

How Secure Is Information?  We work to protect the security of information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information.  We reveal only the last four digits of credit card numbers when confirming account activity.  Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.  It is important for an organization or user to protect against unauthorized access to password information and devices.  Be sure to sign off when finished using a shared computer.

Which Information Can Be Accessed? The Iowa Land Records E-Submission Service gives access to a broad range of information about an organization’s or user’s account and their interactions with the Iowa Land Records E-Submission Service for the limited purpose of viewing and, in certain cases, updating their information.

What Choices Are There?  As discussed above, an organization or user can always choose not to provide information, even though it might be needed to take advantage of some of the Iowa Land Records E-Submission Service features.  Certain information about an account can be updated by the organization or user. When information is updated, we may keep a copy of the prior version for our records.

Terms of Service, Notices, and Revisions.  If an organization or user chooses to use the Iowa Land Records E-Submission Service, any activity and any dispute over privacy is subject to this Notice and our Terms of Service, including limitations on damages, arbitration of disputes, and application of the law of the State of Iowa. If there are any concerns about privacy at the Iowa Land Records E-Submission Service, please contact us with a thorough description, and we will try to resolve it.

Our activities and services change constantly, and our Privacy Notice and the Terms of Service will change also. We may e-mail periodic reminders of our notices and conditions, but organizations and users should check our website frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about organizations and users and their accounts. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

Information Given To ESS.  Most such information is provided when registering, setting up a payment account, or communicating with customer service.  For example, an organization or user may provide information when communicating with us by phone or e-mail, or when a questionnaire is completed. As a result of those actions, information such as a name, address, and phone number, credit card information, e-mail addresses and other information may be given to ESS.

Automatic Information.  Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect a computer to the Internet; login; e-mail address; password; computer and connection information such as browser type and version, operating system, and platform; and account history.  During some visits we may use software tools such as JavaScript to measure and collect session information, including transaction activities.

Information from Other Sources.  Examples of information we receive from other sources include updated delivery and address information from our carriers or other third parties, which we use to correct our records; account information, purchase information, and credit history information from credit bureaus, which we use to help prevent and detect fraud and to offer certain credit or financial services to some customers.

Information That Can Be Accessed By Organizations and Users.  Examples of information that can be accessed easily at the Iowa Land Records E-Submission Service include up-to-date information regarding recent account activity; and personally identifiable information (including name, e-mail, password; payment settings (including credit card information and account balances).

ESS – 7.7 Iowa Land Records Application Procedures

(Iowa Code Section 331.604, 3(a))

7.7 (1) The purpose of this policy is to clarify the process for determining whether to grant an organization and user access to the Iowa Land Records Search application or the Iowa Land Records E-Submission service. As provided in Sections 7.3 and 7.5, an organization or user must be registered with the Electronic Services System and Iowa Land Records. Registration is conducted through an application form for organizations (https://iowalandrecords.org/ess-business-application/) or individuals (https://iowalandrecords.org/ess-individual-search-application/).

7.7 (2) When applying for access to the Iowa Land Records Search application or the Iowa Land Records E-Submission Service, organizations are required to provide accurate user account information concerning their identity including a first and last name, organization name, mailing address, e-mail address and telephone number. When possible, an organization web address and an organization’s official business registration identification or Trade Name is requested. The use of false or fictitious information is prohibited. Organizations are required to explicitly request access to the service by marking the designated choices on the application form. They are required to explicitly agree and certify that the information submitted is complete and accurate, and they are required to explicitly acknowledge and accept the Electronic Services System Terms of Service.

7.7 (3) The Electronic Services System including its officials, employees and contractors reserves the right to verify and validate the information provided by an organization or user on the application form. Further, the Electronic Services System reserves the right to conduct a review of the background of an organization to determine whether the applicant has or may be likely to engage in activities which are prohibited by these Terms of Service.

7.7 (4) The Electronic Services System reserves the right to decline any application and to deny access to an applicant for any of the following reasons.

a. The applicant has submitted false, fictitious, or misleading information in an application for access

b. The business registration information or Trade Name information is false, incomplete or inaccurate

c. ESS is unable to authenticate the identity an organization or individual

d. ESS believes that the applicant has or may engage in false, fraudulent, illegal or unauthorized activity based on their background and history including but not limited to their use of a legacy application such as https://iowalandrecords.org/portal

e. ESS determines that the applicant is or is likely to be engaged in prohibited activity such as the commercial use of any content or information made available through the ESS website and services. Prohibited activities include selling, sharing, transferring or marketing the content or information provided through ESS website and services, or engaging in any similar service or transaction related to the materials provided through ESS website and services to any extent under any circumstances

7.7 (5) If the Electronic Services System declines an application and denies access to Iowa Land Records Search application or the Iowa Land Records E-Submission service, notice shall be provided to the requested organization administrator or individual user via email. Such notice will be provided within seven business days following a decision and the notice will specify the reasons for denying access. An applicant may appeal a decision to decline an application and deny access. An appeal shall be submitted via email to support@clris.com. An appeal will be directed to a designated ESS Site Administrator, who shall determine whether access to Iowa Land Records services will be granted or denied.

ESS – 7.8 Iowa Land Records Access Revocation Procedures

(Iowa Code Section 331.604, 3(a))

7.8 (1) The purpose of this policy is to clarify the process for revoking an organization’s or a user’s access to the Iowa Land Records Search application or the Iowa Land Records E-Submission service. As provided in Sections 7.3, 7.5 and 7.7, a registered organization and user is required to comply with the Iowa Land Records Terms of Service. Through various means, the Electronic Services System including its officials, employees and contractors will regularly monitor the activities of registered organizations and users to ensure compliance with the ESS Terms of Service. Registered organizations and users who do not comply with the ESS Terms of Service may have their access privileges revoked. The basis for revoking an organization’s or user’s access to Iowa Land Records services, the likely actions for revoking access, and the process for appealing a decision to revoke access is described in this section.

7.8 (2) Iowa Land Records Terms of Service describes several reasons for revoking an organization’s or a user’s access to the Iowa Land Records Search application or the Iowa Land Records E-Submission service or other services. These reasons include but are not limited to the following.

a. Creation of multiple [user accounts] logins for the purpose of circumventing the daily search limit

b. Failure to maintain current and accurate information about the organization

c. Failure to maintain current and accurate information about each organization user

d. Failure to maintain current and accurate information for an individual user

e. Failure to pay required fees for E-Submission services or failure to pay other authorized fees

f. Provision of an email address for an organization administrator or user that bounces or is rejected by an email service or host

g. Failure to whitelist emails originating from iowalandrecords.org, clris.com or mailchimp.com (in service to ESS and Iowa Land Records)

h. Provision of a disconnected or unresponsive telephone number

i. Usage of an IP address located outside the United States

j. Usage of an IP address with a documented history of supporting phishing, scams, or illegal activities, or which is identified as a proxy server for devices located outside of the United States

k. Involvement in the development, use, and deployment of ransomware, as deemed illegal under Chapter 715 Code 2023 of Iowa

l. Usage of information or services or a pattern of behavior contrary to the published Terms of Service, such as reselling ESS data or services

m. Usage of information or services to conduct illegal activity, or a pattern of behavior which indicates illegal activity

7.8 (3) As a condition of using the Iowa Land Records Search application or the Iowa Land Records E-Submission service, registered organizations and registered users are required to comply with the Electronic Services System and Iowa Land Records Terms of Service as described in this Chapter (Sections 7.3, 7.5 and 7.7). Violations of the Terms of Service may result in revocation of access through various means and the deactivation of accounts.

7.8 (4) Iowa Land Records reserves the right to enforce compliance and take appropriate action in response to violations. The enforcement actions may include, but are not limited to:

a. Warning and notification to the organization or user

b. Blacklisting the accounts of an organization’s users or the accounts of individual users

c. Temporary deactivation of an organization’s account or a user’s account and restricting access to the Iowa Land Records Search application, the Iowa Land Records E-Submission service, or other services

d. Permanent deactivation of the organization’s account or an individual user‘s account

e. Blocking an IP address or range of IP addresses associated with an organization or user

f. Legal action

7.8 (5) If the Electronic Services System takes action to enforce compliance as described in Section 7.5(4), notice shall be provided to the primary organization administrator or individual user via email. Such notice will be provided within seven business days following an action and the notice will specify the reasons for enforcement. An organization or individual user may appeal a decision to enforce compliance. An appeal shall be submitted via email to support@clris.com. An appeal will be directed to a designated ESS Site Administrator, who shall determine whether access to Iowa Land Records services will be continued or revoked.

ESS – 7.9 Temporary Adjustment To Document Image View Limits

(Iowa Code Section 331.604, 3(a))

7.9 (1) Section 7.3 specifies that the maximum number of document images which may be viewed or downloaded by an organization user shall not exceed 120 documents per day, except when authorized by a Site Administrator.  This limitation is programmatically enforced. Permission to view more than 120 documents per day per organization user may be granted to organizations and individual users who are in good standing on a case-by-case basis.  Such permission may be revoked by a Site Administrator as provided in Section 7.8(2). The purpose of the limitation is to ensure that the Iowa Land Records Search application is structured to serve the needs of real estate professionals as they perform their various functions. Iowa Land Records is not intended to serve as a conduit for facilitating the aggregation of data for private commercial use or for resale. The purpose of this policy is to specify the conditions when an organization user may be granted authorization to temporarily exceed the standard limitation on the number of documents which may be viewed in a day.

7.9 (2) Organizations may request permission to temporarily exceed the daily document image view limitation of 120 documents per day. Requests shall be submitted by an organization administrator via email to ESS and Iowa Land Records at support@clris.com. A request shall specify the purpose for the temporary authorization, the desired number of document views per day, the number of users who would be exceeding the standard limit, and the desired duration of the temporary authorization.

The decision to grant permission to view more than 120 documents per day by an organization user shall be made on a case-by-case basis. Such permission may be denied or revoked by a Site Administrator as provided in Section 7.8(2).  The decision to grant permission to view more than 10 documents per day by an individual user shall be made on a case-by-case basis. Such permission may be denied or revoked by a Site Administrator as provided in Section 7.8(2).

7.9 (3) The granting of temporary and limited permission to exceed the daily document image view limitation is subject to the following conditions:

a. The duration of a temporary authorization to exceed the daily document image view limitation shall not be greater than 10 business days.

b. The maximum number of organization users who may be granted temporary authorization to exceed the daily document image view limitation is five users.

c. Organizations and individual users must be in good standing.

d. Preference shall be given to organizations and individual users located in the State of Iowa which can demonstrate a legitimate professional need, such as research, for temporarily viewing a higher number of document images.

e. Authorization to temporarily exceed the standard limitation on the number of documents which may be viewed in a day shall not be granted to organizations seeking to populate a database for any reason. Organizations seeking bulk data are        required to seek it from individual Iowa counties who are authorized by law to transfer data and images in batch format.

f. Authorization to temporarily exceed the standard limitation on the number of documents which may be viewed in a day shall not be granted to organizations providing a commercial product such as a private or public online searchable database, or to acquire documents for resale through any method or in any form. Such uses of ESS and Iowa Land Records are prohibited.

g. Organizations and users authorized to temporarily exceed the standard limitation on the number of document images viewed shall otherwise comply with the Terms of Service and all applicable laws, regulations, and policies.

h. ESS and Iowa Land Records reserve the right to monitor and audit the activities of organizations and their users who have been granted permission to temporarily exceed the daily document image viewing limitation.

i. ESS and Iowa Land Records reserve the right to terminate an authorization to temporarily exceed the daily document image viewing limitation as provided in Section 7.8(2).

7.9 (4) Iowa Land Records shall maintain a record of organizations and organization users who have been granted authorization to temporarily exceed the daily document image view limitation, including the justification for granting such authorization. Iowa Land Records shall establish a mechanism for users to report any misuse of this policy.

ESS – 7.10 ESS Central Authentication Service

(Iowa Code Section 331.604, 3(a))

7.10 (1) Authorized users of the Iowa Land Records Search Application or the Iowa Land Records E-Submission Service will be assigned a unique user identification for the purposes of logging in to the ESS Central Authentication Service. Access to applications and functions are based on permissions granted by either ESS Administrators or in certain cases organization administrators. Authorized users will be required to comply with specified requirements for user identifications (user IDs) and passwords.

The Electronic Services System reserves the right to deactivate the account of an organization or a user who is determined to be inactive. Inactivity is based on the period of time between actions to log in to the ESS Central Authentication Service. The period of time will be specified by ESS and will be based on commonly accepted security standards. Organizations and users who are deactivated may request reactivation provided the user or users are considered to be a User In Good Standing.

Copyright Notice

Copyright [date] Electronic Services System, 8711 Windsor Parkway Suite 2, Johnston, IA 50131.

For more information send an inquiry by email to support@clris.com. Any and all rights not expressly granted herein are reserved in their entirety.  Contact support@clris.com if there are any questions or problems with this website.