Scope of the TOU
The TOU applies to the FOCUS Health, Inc. public website and all materials within.
General Prohibitions: FOCUS Health prohibits use of our public website any way that is unlawful, harmful to or interferes with use of FOCUS Health's network or systems, or the network of any other user, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam/E-mail/Usenet abuse, a security risk or a violation of privacy. Failure to adhere to the rules, guidelines or agreements applicable to the FOCUS Review Management System or other services that are accessed via a link from the FOCUS Health-branded website or from a website that contains FOCUS Health-branded content is a violation of this TOU.
Unlawful Activities: Website Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.
Violation of Intellectual Property Rights: Website Service(s) shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of FOCUS Health or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
Threatening Material or Content: Website Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. In addition, FOCUS Health reserves the right to decline to provide such services if the content is determined by FOCUS Health to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.
Website Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of FOCUS Health's (or another party's) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to:
Unauthorized monitoring, scanning or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses; Hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
Impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);
Using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication; Distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations); Knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another's computer, network system or other property, or be used to engage in modem or system hi-jacking; Engaging in the transmission of pirated software;
With respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow Customer's account to stay logged on while Customer is not actively using the IP Services or using such account for the purpose of operating a server of any type;
Using manual or automated means to avoid any use limitations placed on the Website Services; Providing guidance, information or assistance with respect to causing damage or security breach to FOCUS Health's network or systems, or to the network of any other IP Service provider;
Failure to take reasonable security precautions to help prevent violation(s) of this TOU.
Visitors remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the Website Services. FOCUS Health has no responsibility for any material created on the Website Services, including content provided on third-party websites linked to the FOCUS Health network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by FOCUS Health of the content(s) of such sites.
Users of the FOCUS Website are responsible for taking prompt corrective action(s) to remedy a violation of TOU and to help prevent similar future violations.
TOU Enforcement and Notice
Customer's failure to observe the guidelines set forth in this TOU may result in FOCUS Health taking actions anywhere from a warning to a suspension or termination of visitor.
FOCUS Health reserves the right, however, to act immediately and without notice to suspend or terminate affected Website Services in response to a court order or government notice that certain conduct must be stopped or when FOCUS Health reasonably determines, that the conduct may:
(1) expose FOCUS Health to sanctions, prosecution, civil action or any other liability,
(2) cause harm to or interfere with the integrity or normal operations of FOCUS Health's website,
(3) interfere with another FOCUS Health Customer's use of Website Services or the Internet
(4) violate any applicable law, rule or regulation, or
(5) otherwise present an imminent risk of harm to FOCUS Health or FOCUS Health Customers.
Any complaints (other than claims of copyright or trademark infringement) regarding violation of this TOU by an FOCUS Health public website visitor should be directed to . Where possible, include details that would assist FOCUS Health in investigating and resolving such complaint (e.g. expanded headers, IP address(s), a copy of the offending transmission and any log files).
Any notification that FOCUS Health sends to its public website visitors pursuant to this TOU will be sent via e-mail to the e-mail address on file, if provided through use of our ‘Contact Us’ form. It is Customer's responsibility to promptly notify FOCUS Health of any change of contact information.
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