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ACCEPTABLE USE POLICY FOR TECHNOLOGY SERVICES

INTRODUCTION

In order to fulfill its mission of being the most successful mobile exam service, superior in customer service and satisfaction, Superior Mobile Medics, Inc. (hereinafter “SMM”) seeks to provide its customers with the best technology-based services possible. In order to accomplish this, SMM has created this Acceptable Use Policy (the “Policy”). This Policy outlines acceptable use of SMM’s Technology Services, including but not limited to its website, data exchange services, electronic billing, and web-services (collectively, “Services”). This Policy is preempted by all applicable federal and state laws, including HIPAA/HITECH, and any FTC regulations, governing the use, handling, and disclosure of protected consumer or health information, including Protected Health Information (PHI) and Personally Identifiable Information (PII).

PROHIBITED USES AND ACTIVITIES

This Policy prohibits uses and activities involving these Services that are illegal, infringe the rights of others, or interfere with the use of these Services by others. These prohibited uses and activities include, but are not limited to, using these Services to:

  • access any other person's account without their prior knowledge and consent; breach the security of another user or Service; or attempt to circumvent the user authentication process or security of any Service. This includes, but is not limited to, accessing data not intended for you, or logging into or making use of a Service or account you are not expressly authorized to access;
  • engage in any unlawful activity, or any activity that any reasonable person could deem unlawful, including, but not limited to, disclosing, misusing or transmitting information or data which is unlawful, or which in any way constitutes unlawful conduct, or otherwise violate any local, state, or federal law, order, or regulation;
  • misuse SMM’s name or falsify references to SMM;
  • use SMM’s name without explicit written permission, misuse SMM’s name, or falsify references to SMM;
  • impersonate any person or entity, or perform any other similar fraudulent activity;
  • attempt to defeat or bypass any encryption requirement;
  • connect to any SMM service or server without permission, or attempt to automate or script any process on any server;
  • restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, to use or access these Services including generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information;
  • share your login credentials (including but not limited to username and password) with any other person or entity;
  • cause a performance degradation or service disruption, regardless of intent, to these Services or any SMM host, server, or network; resell access to these Services or otherwise make available to any 3rd Party the ability to use these Services, in whole or in part, without express written permission to do so;
  • attempt to avoid logging of access to Services, including use of any IP masking or spoofing; and
  • interfere with service to any SMM user or server, including, but not limited to, denial of service (“DOS”) attacks, flooding of SMM’s network, and attempts to “crash” a server or service.

OBLIGATIONS

All users of these Services that are not employees of SMM must comply with this Policy. Your failure to comply with this Policy could result in the suspension or termination of your Service account, as well as reporting to law enforcement or other regulatory agencies as appropriate. Use of any of these Services constitutes full and unconditional acceptance and agreement to this Policy. If you do not agree to comply with this Policy, you must immediately cease using these Services and notify SMM so that it can close your account(s).

In addition to being responsible for your own compliance with this Policy, you are also responsible for any use or misuse of these Services that violates this Policy, even if it was committed by another person or entity with access to your Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to these Services by, for example, strictly maintaining the confidentiality of your Service username and password. In all cases, you are solely responsible for the security of any access or connection to these Services.

CHANGES AND MODIFICATIONS

SMM may revise this Policy from periodically by posting a new version on its web site at http://www.superiormobilemedics.com/aup. Revised versions of this Policy are effective immediately. Accordingly, users should read any announcements they receive and regularly visit our web site and review this Policy to ensure that activities comply with the most recent version. You can send questions regarding this Policy, and report violations of it, to compliance@superiormobilemedics.com.

VIOLATIONS OF THIS ACCEPTABLE USE POLICY

SMM reserves the right immediately to suspend or terminate access to any or all Services, and inactivate your Service account(s) if you violate the terms of this Policy.

SMM has no obligation to monitor these Services and/or the network. However, SMM and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate these Services; identify violations of this Policy; and/or protect the network, these Services and other SMM customers.

SMM will always try to inform customers of inappropriate activities or violations of this Policy, and give them a reasonable period of time in which to take corrective action. However, if these Services are used in a way that SMM or its suppliers, in their sole discretion, believe violates this Policy, SMM or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, filtering or “throttling” of data transmissions, and the immediate suspension or termination of all or any portion of these Services. Neither SMM nor its affiliates, business associates, suppliers, or employees will have any liability for any of these actions. These actions are not SMM’s only remedies and SMM may take any other legal or technical actions it deems appropriate with or without notice, including seeking injunctive relief, and compensatory and punitive damages.

SMM reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and examination of material on SMM’s servers and network. During an investigation, SMM may suspend the account or accounts involved. You agree to SMM and its suppliers cooperating with law enforcement authorities in the investigation of suspected legal violations, and any system administrators at SMM, and its suppliers or other network or computing facilities in order to enforce this Policy. Upon termination of your Service account, SMM may, at its sole discretion and in accordance with any contractual agreements with any insurance carrier, delete any data, files, or other information associated with your account.

You agree to indemnify and hold harmless SMM and its affiliates, business associates, suppliers, and employees against all claims and expenses (including reasonable attorney fees) resulting from any violation of this Policy. Your indemnification will survive any termination of use of these Services, whether initiated by you or SMM.

SEVERABILITY

If any provision of this Policy is held invalid, unenforceable, or unlawful, such shall in no way affect any other provision of this Policy or the validity or enforcement of the remainder of this Policy, and the provision affected shall be altered only to the minimum extent necessary to make it conform to the applicable law.