1. General. This Acceptable Use Policy (“AUP”) addresses requirements applicable to Client's use of Determined Health’s products, solutions and services (the “Solutions”).
2. Appropriate Use. Client shall use the Solutions solely for the purpose of facilitating a social call program with Client’s own members, users or participants. Client will not, and will not allow or authorize or permit its users to, use the Solutions to (i) infringe on or dilute any Determined Health or third party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) act in a manner that is defamatory, libelous, trade libelous, threatening, harassing, or obscene; (iv) interfere with or disrupt any Determined Health or third party services or equipment or cause excessive or disproportionate load on Determined Health or its licensors or suppliers' infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful programming routines; (vi) violate or encourage conduct that violates any applicable local, state, national or international laws or regulations; (vii) collect information from or about, or communicate with, minors under the age of 18 or persons outside the United States of America; or (viii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Solutions or access or use the Solutions for purposes of developing a competing software service or product; (ix) involve the unauthorized entry to any machine accessed using the Solutions. If Client violates any portion of this AUP, Client accepts sole responsibility for all remedial actions and costs related to such violation, including compliance efforts and costs associated with statutory obligations or government investigations.
3. Responsibility for Content. Client accepts sole responsibility for information and content collected, stored or transmitted by the Solutions on behalf of Client or its end users. Client controls and approves all aspects of its communications and related content. If Client acquires content from third parties for republication, Client is solely responsible for ensuring it complies with any licensing, privacy or legal requirements associated with such content. Client acknowledges that Determined Health exercises no control over the information passing through the Solutions, and that Determined Health assumes no responsibility for Client’s content.
5. Enforcement of AUP. Determined Health reserves the right to suspend the provision of the Solutions or take other appropriate remedial action to address actual or suspected violations of the AUP. Determined Health will use reasonable efforts to notify Client and provide an opportunity to cure before taking any such action, if practicable and if permitted by law. Client will cooperate with Determined Health in investigating complaints about potential violations and in taking any corrective action that Determined Health deems necessary to address such violations. Determined Health reserves the right to remove any Client content from Determined Health Solutions that Determined Health determines, at its reasonable discretion, may be illegal, tortious, or infringing on the rights of a third party. If Client becomes aware of any activity that violates this AUP, Client shall promptly notify Determined Health of any such violation and Client shall take all necessary action to cease such violation. Violations or suspected violations of this AUP shall be immediately reported to firstname.lastname@example.org.
6. AUP Updates. Determined Health reserves the right to modify this AUP from time to time, effective upon posting a revised copy to the Determined Health website.