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369.115 Time and place of sending and receipt.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Unless otherwise agreed between the sender and the recipient, an electronic
record is sent when it:
(a) Is addressed properly or otherwise directed properly to an information
processing system that the recipient has designated or uses for the
purpose of receiving electronic records or information of the type sent and
from which the recipient is able to retrieve the electronic record;
(b) Is in a form capable of being processed by that system; and
(c) Enters an information processing system outside the control of the sender
or of a person that sent the electronic record on behalf of the sender or
enters a region of the information processing system designated or used
by the recipient which is under the control of the recipient.
Unless otherwise agreed between a sender and the recipient, an electronic
record is received when:
(a) It enters an information processing system that the recipient has
designated or uses for the purpose of receiving electronic records or
information of the type sent and from which the recipient is able to retrieve
the electronic record; and
(b) It is in a form capable of being processed by that system.
Subsection (2) of this section applies even if the place the information
processing system is located is different from the place the electronic record is
deemed to be received under subsection (4) of this section.
Unless otherwise expressly provided in the electronic record or agreed
between the sender and the recipient, an electronic record is deemed to be
sent from the sender's place of business and to be received at the recipient's
place of business. For purposes of this subsection, the following rules apply:
(a) If the sender or recipient has more than one (1) place of business, the
place of business of that person is the place having the closest
relationship to the underlying transaction.
(b) If the sender or the recipient does not have a place of business, the place
of business is the sender's or recipient's residence, as the case may be.
An electronic record is received under subsection (2) of this section even if no
individual is aware of its receipt.
Receipt of an electronic acknowledgment from an information processing
system described in subsection (2) of this section establishes that a record was
received but, by itself, does not establish that the content sent corresponds to
the content received.
If a person is aware than an electronic record purportedly sent under
subsection (1) of this section, or purportedly received under subsection (2) of
this section, was not actually sent or received, the legal effect of the sending or
receipt is determined by other applicable law. Except to the extent permitted by
the other law, the requirements of this subsection may not be varied by
agreement.
Effective:August 1, 2000
History: Created 2000 Ky. Acts ch. 301, sec. 15, effective August 1, 2000.
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