Acceptable Use Policy (AUP)
This Acceptable Use Policy (“AUP”) governs use of Medical Solutions L.L.C.’s, and its affiliates (collectively, “MedSol”), websites, online services, platforms,applications, and any related downloadable software made available by MedSol for use therewith (collectively, the “Offerings”). “You” and “Your” mean any individual or legal entity accessing or using the Offerings, and any users granted such access or use rights. Terms not otherwise defined in this AUP will have the meaning set forth in the End User License Agreement between You and MedSol governing Your use of the applicable Offering (“Agreement”). Your access to and use of the Offerings represents your express consent to be bound by this AUP.
You agree not to:
- interfere or attempt to interfere in any manner with the functionality or proper working of the Offerings;
- breach or otherwise bypass any security or authentication measures of the Offerings;
- transmit into or use with the Offerings any of the following: viruses, malware, malicious or destructive code, or any other routine, device, or other undisclosed feature (e.g., so-called time bomb, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap, back door, or software routine) that either interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the Offerings;
- distribute content that interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the operation of any MedSol or related third-party networks, servers, or other infrastructure;
- reverse engineer, decompile, disassemble, attempt to gain unauthorized access to, or attempt to discover the underlying source code or structure of, the Offerings, MedSol work product, or the technology and software used to provide them, and all intellectual property and proprietary rights therein; or
- access, use, or otherwise exploit the Offerings for purposes of competing with or disparaging MedSol or the Offerings, including but not limited to benchmarking, monitoring availability, performance, or functionality, or conducting competitive analysis;
- commercially sell, resell, license, sublicense, distribute, or frame the Offerings to a third party unless authorized by MedSol in writing; or
- access, use, or test portions of the Offerings that MedSol has not authorized You to access, use, or test.
MedSol explicitly reserves the right to limit or otherwise prohibit use of any robot, spider, data scraping or extraction tool, or similar mechanism in the Offerings in its sole and absolute discretion.
You agree that You will not use the Offerings to:
- act or encourage activities in violation of any applicable laws, rules, or regulations (including those related to unlawful gambling or piracy);
- use, store, share, host, copy, distribute, display, publish, transmit, or send content or promote, support, or facilitate a cause or action that is or could be deemed offensive, inflammatory, hateful, defamatory, discriminatory, obscene, abusive, invasive of privacy, or harmful to others;
- distribute unwanted, unsolicited, or harassing mass email, conduct phishing scams, or transmit unwanted promotional or commercial content, including spam;
- access (including through any interfaces provided within the Offerings) any MedSol product or service, or other third-party service or website, in a manner that violates the terms for use of, or access to, such product, service, or website;
- infringe or misappropriate any MedSol or related third-party copyright, trademark, or other intellectual property, proprietary right, license right, or legal content protection;
- mislead or confuse others by alleging to be someone else or alleging to represent an organization You do not represent; or
- violate the rights (including privacy or publicity) of others, or distribute personal or confidential information without securing the necessary rights, permissions, and consents.
Protected Health Information (“PHI”). Under the Health Information Portability and Accountability Act (“HIPAA”) and other health data privacy laws, certain information about a person’s health or health care services is classified as PHI or sensitive information. Unless You have signed a Business Associate Agreement with MedSol, You may not submit or store PHI in the Offerings.
Payment Card Industry (“PCI”). MedSol does not intend the use of the Offerings to be in compliance with the Payment Card Industry Security Standards. Accordingly, You agree not to use the Offerings to submit or store PCI data.
Location of Access
You are responsible for securing, using, and monitoring an internet connection, which may include a VPN, that is compliant with laws and regulations of the jurisdiction from which you access MedSol’s Offerings.
You are prohibited from using the Offerings (a) in a jurisdiction that is subject to a United States government embargo, or that is in Group E of Title 15, Part 740 Supplement 1 Country of the United States Code of Federal Regulations, (b) in a jurisdiction that has been designated by the United States government as a “terrorist supporting” country, (c) in a jurisdiction that is listed on any other United States government list of prohibited or restricted parties, or (d) in violation of any other embargo or export restriction; unless You have secured express written approval from the applicable governing authority.
Reported IP Abuse
To the extent You use the Offerings to publish or otherwise make available content, You must comply with any notices received under Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act) or similar statute in other countries (the “DMCA”). It is MedSol’s policy to respond to valid notices of claimed intellectual property infringement. If MedSol receives a notice alleging that material made publicly available infringes or misappropriates another party’s intellectual property, MedSol may take any remedial action it deems necessary, as further outlined below.
Violation of this AUP
In addition to any other remedies that may be available, MedSol reserves the right, in its sole discretion, to take any remedial action it deems necessary, including immediately suspending or terminating Your account or unpublishing any material to prevent disruption of the Offerings or to protect the rights and safety of individuals, customers, or MedSol.
If You have, or MedSol reasonably suspects based on documented evidence that You have, violated any law or regulation, MedSol may report such violations to the appropriate law enforcement officials, regulators, or other third parties. MedSol’s reporting may include disclosing Your relevant information. MedSol also may cooperate with appropriate law enforcement agencies, regulators, or other third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this AUP.
Revision to this Policy
MedSol may revise this AUP from time to time to reflect changes to technologies, industry practices, regulatory requirements, or as we deem necessary. Any such revision will be effective immediately unless you have an agreement with MedSol that states otherwise.