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Electronic Communications Acceptable Use Policy

Effective Date: October 26, 2018

 
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This Electronic Communications and Acceptable User Policy (this “Policy”) applies to the use of all Practice AI services offered by Company (sometimes herein referred to as “Doctor Genius” or “we” or “our” or “us”) used by Customer (sometimes herein referred to as “you” or “your”). It is and incorporated into the Agreement (as defined in the Terms of Service accessible athttps://doctorgenius.com/termsofservice) if you use Company's Practice AI service (herein, the “PAI Service”) to send electronic communications to your Users. (Capitalized terms used but not defined in this Policy shall have the meaning given them in the Terms of Service.

This policy describes the required consent of Users that you must obtain as a condition to use of the PAI Service and prohibited uses of the PAI Services. If you violate this Policy, or authorize or help others to do so, we may suspend or terminate your use of the PAI Service or Services generally. The examples described in this Policy are not exhaustive. WE RESERVE FULL AND FINAL DISCRETION AS TO WHETHER CERTAIN USES VIOLATE THIS POLICY. YOU AGREE THAT OUR DETERMINATION IS FINAL.

We may change this Policy by posting an updated version of the Policy at https://doctorgenius.com/privacy-policy and such updates will be effective upon posting.

  1. Required User Consent

    Before sending electronic communications through the PAI Service to any of your Users, you must first obtain the following authorization, acknowledgement or consent of such Users, in writing (where “we” and “our” and “us” means Customer):

    1. To receive electronically, by email or text message, communications (collectively, ”Communications”) that we or our business associate provides in connection with our practice'''s health-related products or services and scheduling, reminders and follow-up communications regarding your appointments and treatment.
    2. That you may receive paper copies of any Communication by calling our office on during business hours.
    3. That, to receive Communications, you need to provide us and maintain a valid email address or telephone number to a mobile device with Short Message Service (or SMS) enabled, or both, and that you possess to the necessary equipment and software to receive and save/print such Communications.
    4. That you may withdraw your consent to receive such Communications electronically by calling our office during business hours or by writing to us via regular mail at our principal office address.

  2. Prohibited Material

    Customers may not, and may not allow others, to use the PAI Service to display, store, process or transmit, or permit use of services to display, store, process or transmit:

    1. Any illegal, harmful or offensive content.
    2. Any illegal activities, including advertising, transmitting, promoting or otherwise making available illegal websites or services.
    3. Anything may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions, or engaging in other deceptive practices.
    4. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
    5. Material that violates, encourages or furthers conduct that would violate any applicable laws, including any criminal laws, or any third-party rights, including publicity or privacy rights.
    6. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.
    7. Content or computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots; or
    8. Protected Health Information in violation of the BAA. You agree not to use the PAI Service to create, receive, maintain, or transmit protected health information, as defined in the BAA, and to use the PAI Service only as permitted by the BAA.

  3. Prohibited Activities

    Customers may not use the PAI Service to, or allow others to use the PAI service to:

    1. Generate or facilitate unsolicited commercial email (spam) including commercial advertising and informational announcements. Such prohibited activity includes, but is not limited to:
      • sending Communications in violation of the CAN-SPAM Act or any other applicable anti- spam law or regulation
      • imitating or impersonating us, another person or his, her or its email address, or creating false accounts for the purpose of sending spam
      • sending unauthorized Communications mail via open, third-party servers
      • sending Communications to Users who have withdrawn his or her consent to receive Communications
      • selling to, exchanging with, sharing with or distributing to a third-party personal information, including the email addresses of any person without such person's knowing and continued consent to such disclosure
      • pointing at domains you do not own or lawfully control; or
      • sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship
    2. Send, upload, distribute or disseminate, or offer to do the same, with respect to Prohibit Material described in paragraph 2, above; or
    3. Use the PAI Service in any manner that would disparage Company.

  4. Additional Agreements and Restrictions

    You agree not to:

    1. Copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract the source code of the PAI Service or any component thereof
    2. Sub-license, resell, or distribute the PAI Service or any component thereof separate from any integrated application
    3. Post, upload, or distribute any Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; or
    4. Perform any fraudulent activity, including impersonating any person or entity or claiming a false affiliation; misrepresenting the source, identity or content of information transmitted via the PAI Service

  5. Our Monitoring and Enforcement

    We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the PAI Service. We may:

    1. Investigate violations of this Policy or misuse of the PAI Service
    2. Remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services; and
    3. Report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate Customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

  6. Reporting of Violations of this Policy

    If you become aware of any violation of this Policy, you agree to immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. Send violations to legal@doctorgenius.com.

  7. U.S. Digital Millennium Copyright Act or Similar Statutory Obligations

    As a user of the PAI Service for sending Communications, you must (a) 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”), (b) set up a process to expeditiously respond to notices of alleged infringement that comply with the DMCA and to implement a DMCA-compliant repeat infringers policy, (c) publicly display a description of its notice and takedown process under the DMCA on its instance of the services, and (iv) comply with such processes, policy(ies), and description.

    It is our policy to respond expeditiously to valid notices of claimed copyright infringement compliant with the DMCA. In appropriate circumstances, we may terminate your use of the PAI Service due to repeatedly or blatantly copyright infringement.

    If we receive a notice alleging that material on a your instance of the PAI Service infringes another party's intellectual property, we may disable that your instance of the PAI Service and/or remove the allegedly infringing material. If we receive more than one such notice, we reserve the right to immediately terminate your subscriptions to the PAI Service as deemed necessary by us to ensure continued protection under the safe harbor provisions under the DMCA or to prevent violations of other applicable laws or third parties' rights.