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Acceptable Use
This policy lists examples of acceptable uses and unacceptable uses of the Healthium(TM) system (Patents Pending), the Healthium(TM) Web site, and Healthium(TM) services and related products of Telehealth Broadband, LLC, a Delaware limited liability corporation (the "Company"), under applicable laws and the Company's own internal guidelines. This list is not exclusive, does not represent formal legal advice, and is provided solely for guidance to customers, prospective customers, guest users and anyone else who accesses or uses the Healthium system, Healthium Web site, or Healthium services or related products. Any violation of this policy may result in the termination of your service, use and/or access to Healthium.com. If you are unsure as to whether any contemplated use or action is permitted, please contact the Company for assistance at admin@healthium.com.
The Healthium system, the Healthium Web site, and the Healthium services and related products are intended for use solely by adults 18 years of age and older. If you are a minor, please refrain from using the Healthium system or any Healthium service or any related product, or consider having an adult parent or guardian access it on your behalf.
General Conduct
The Healthium system, the Healthium Web site, and Healthium services and related products may be used only for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any international, federal, state or local law or regulation is prohibited. These laws include, but are not limited to, the federal Wiretap Act, the federal Stored Communications Act, other federal and state wiretapping, videotaping and electronic privacy statutes, and child pornography laws.
You are prohibited from transmitting or receiving any video or audio content that: is unlawful, obscene, threatening, abusive, or libelous; encourages conduct which would constitute a criminal offense; would potentially create civil or criminal liability; or would otherwise violate any local, state, national or international law or regulation. Use of the Healthium system, the Healthium Web site, or any Healthium service or related product for voyeurism or to record or transmit images or sounds of intimate or embarrassing conduct, including without limitation, viewing, transmitting or storing sexually explicit materials, is strictly prohibited. If made aware of such conduct, the Company will make any determinations about these uses or actions, in its sole discretion.
You may not use the Healthium system or any Healthium service or related product in areas (such as bathrooms) and under circumstances where visitors, residents, guests and employees would expect privacy. The use of cameras or audio equipment in these private areas could result in criminal and/or civil liability and is an unacceptable use.
The resale of Healthium services or related products is not permitted, unless explicitly permitted in a written agreement signed by the Company.
The use of the Healthium system, the Healthium Web site, or any Healthium service or any related product could result in criminal and/or civil liability if certain precautions are not taken. In order to avoid potential liability under common law, statutory privacy and wiretap law, and other relevant laws and regulations, the Company strongly recommends that:
- Customers notify all visitors, residents, guests and employees in advance that there is a video and audio surveillance system on the customer's premises. The Company also strongly recommends that customers utilize the yard signs and window adhesives provided by the Company to assist in notifying such persons, including those who might approach the home when the customer is away.
- Customers not disclose any surveillance content to third parties other than, when appropriate, (i) to law enforcement or other emergency response agency personnel, (ii) to your insurance company or (iii) in response to a valid court or agency order or subpoena.
- Guest users and all other persons other than customers not disclose any surveillance content to third parties other than, when appropriate, in response to a valid court or agency order or subpoena.
- You not use the Healthium system, the Healthium Web site or Healthium services or related products to intercept the content of any incoming communication, including, but not limited to, telephone calls (including those conducted via speaker phone) and electronic content visible on a computer screen (including email, Internet chat, and instant messages).
If you nonetheless wish not to notify a relevant party, otherwise wish to disclose content, or wish to intercept communications, then you should obtain advice of legal counsel prior to engaging in such activities to ensure the legality of such activities under applicable law. You may also wish to contact the Attorney General of your state or other relevant authorities.
Indemnification
You agree to indemnify and hold harmless the Company and its affiliates from any liability, claim or damage resulting from conflicts with or violations of this Acceptable Use Policy.
Network Security
You may not use the Healthium system, the Healthium Web site, or Healthium services or related products to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into a server or account you are not expressly authorized to access, password cracking, hacking other networks or servers, or violating any other organization's security policy.
You may not attempt to interfere with, alter or deny service to any Healthium system or Healthium Web site user, host, or network. This includes, but is not limited to, flooding, mailbombing, spamming, and deliberate attempts to overload or crash a host or network or to introduce a computer virus into the system.
Unacceptable Use of Message Boards, Chat Rooms and Online Forums
The Healthium Web site may only be used for lawful and legitimate purposes. For example, you may not use the Healthium Web site to create, transmit, distribute, or store material that:
- Violates a trademark, copyright, trade secret, or other intellectual property right of another;
- Violates a privacy, publicity, or other personal right of another;
- Contains obscene, sexually explicit or pornographic content;
- May be threatening, abusive, or hateful;
- Encourages conduct that would constitute a criminal offense or give rise to civil liability;
- Causes technical disturbances to the Healthium system, Healthium Web site, or Healthium service or related products, including, but not limited to, the introduction of viruses, worms, or other destructive mechanisms;
- Conflicts with or violates policies or requirements of the Company or other service providers with respect to the network;
- Assists or permits any persons in engaging in any of the activities describe above; or
- Constitutes deceptive on-line marketing.
The Company has no obligation to monitor the content or other materials posted to any of the Healthium Web site message boards, chat rooms, or online forums. Nevertheless, the Company reserves the right to remove any content or material from any of its message boards, chat rooms or online forums that the Company determines, in its sole discretion, to be offensive or objectionable.
You understand that, by using the Healthium Web site, you may be exposed to content or materials that are offensive or objectionable to you. Under no circumstance will the Company or any of its affiliates be liable in any way for any content or materials contained on or available through the Healthium Web site, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content or materials posted, emailed, transmitted or otherwise made available through the Healthium Web site.
Consequences of Unacceptable Use
Unacceptable use of the Healthium system, the Healthium Web site or any Healthium service or related product represents a material violation of your contract with the Company and entitles the Company to immediately terminate any and all services it provides for you, to terminate your access to or use of the Healthium system, the Healthium Web site or any Healthium service or related product, and to remove any illegal or nonconforming materials from its servers, whether or not you have actual knowledge of such unacceptable use or materials. Any Customer, prospective customer, guest user, or user who violates systems or network security may incur criminal or civil liability.
Compliance with Demands of Law Enforcement
While the Company values your privacy, it must itself comply with the law. The Company will disclose otherwise confidential subscriber and surveillance information in response to a court or agency order or subpoena, or as otherwise required by applicable law. The Company will comply with all mandatory reporting laws in effect in the state in which you reside, including, but not limited to, those requiring any person to report child or elderly abuse. The Company will cooperate with law enforcement investigations, including, but not limited to, those relating to systems or network security violations.
Intellectual Property Rights of Third Parties
You agree that you will not use the Healthium Web site to publish, post, distribute or disseminate another's proprietary information, including trademarks, trade secrets or copyrighted information, without the express authorization of the rights holder. You understand and agree that the Company reserves the right to immediately remove (with or without terminating your account) any material or information that the Company believes might infringe another's intellectual property rights.
Updates and Changes to this Policy
The Company reserves the right to change, update, or modify this Acceptable Use Policy at any time.
Healthium and the Healthium logo are trademarks and service marks of Telehealth Broadband, LLC.
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