Acceptable Use Policy

CYMEDICA PROVIDER PORTAL ACCEPTABLE USE POLICY

Last Update: January 5, 2017

1. Introduction.CyMedica Orthopedics, Inc. (“CyMedica”) does not normally monitor the stored content or transmissions of its Providers, however, as we must be able to respond to legitimate legal requests and actions by governmental authorities, affected parties, and other internet service providers. In response, CyMedica has adopted this "Acceptable Use Policy" ("AUP") in an attempt to balance interference or risk of harm arising from its Providers' use of the Provider Portal or Services with the interests of those who may be affected by such use. Because the rules in this area are in a state of development, this AUP may change from time to time; any such changes will be posted at https://secure.cy-motion.com/aup. It is the responsibility of Providers to periodically check this site for updates to this AUP. A Provider’s continuing use of the Provider Portal or Services after the posting of such changes shall signify such Provider’s continuing agreement to this AUP and to any such changes. This AUP is part of, and is incorporated by reference into, the CyMedica Provider Portal Terms of Service (the “Terms”), and capitalized words and phrases not defined in this AUP shall have the same meanings as those assigned to them in the Terms. CyMedica prohibits use of the Provider Portal and Services in any manner that is unlawful, interferes with use of CyMedica's network or the Internet, infringes intellectual property, privacy, or other rights of CyMedica or third parties, results in the publication of threatening or offensive material, constitutes spam, or presents other security or privacy risks.
2. AUP Coverage.The AUP applies to all Providers using the Provider Portal or Services and to all individuals affiliated with Providers accessing or using the Provider Portal or Services or accessing or using the Provider Portal or Services for or on behalf of Providers (“Users”). If a Provider violates the AUP or permits its Users to do so, CyMedica may, depending on the nature and severity of the violation, suspend or terminate access to the Provider Portal or Services, as provided below. Alternatively, if a User violates the AUP, CyMedica may suspend service for so long as necessary for steps to be taken which, in CyMedica's reasonable and sole discretion and judgment, shall prevent the violation from continuing or reoccurring.
3. Notice.When feasible, CyMedica will provide you with written notice via e-mail or otherwise of an AUP violation so that such violation may be corrected without impact on the Provider Portal or Services. CyMedica reserves the right, however, to act immediately and without notice to suspend or terminate the Provider Portal or Services, up and including your account, if necessary, in response to a court order or law enforcement request, or when CyMedica reasonably determines (1) that it may be exposed to sanctions or prosecution, (2) that such violation may cause harm to or interfere with the integrity or normal operations or security of CyMedica's network or networks with which CyMedica is interconnected or interfere with another Provider's use of the Provider Portal or Services or the Internet; or (3) that such violation otherwise presents imminent risk of harm to CyMedica or other Providers or their respective employees. Except as provided above, to the extent allowed by law, CyMedica will use reasonable efforts to provide at least five (5) business days’ notice before suspending or terminating service.
4. Unlawful Activities.CyMedica prohibits use of the Provider Portal or Services in connection with any criminal activity or any violation of any applicable local, state, provincial, federal, national or international laws, treaties, court orders, ordinances, regulations or administrative rules.
5. Interference.CyMedica prohibits use of the Provider Portal or Services in any manner that materially interferes with any communications network or the usage of services received by others.
6. Intellectual Property.CyMedica prohibits use of the Provider Portal or Services to transmit, re-transmit, or store any content or to engage in any activity that infringes the intellectual property rights or privacy rights of CyMedica or any third party (including but not limited to any rights protected by any copyright, patent, trademark, trade secret, trade dress, right of privacy, moral rights or other intellectual property right). While CyMedica reserves the right to restrict any actions alleged to violate such rights, CyMedica affirmatively has no obligation to police any activities in connection.
7. Offensive or Threatening Material or Content.CyMedica prohibits use of the Provider Portal or Services to host, post, transmit, or re-transmit any content or material that is threatening, harassing, obscene, pornographic, racist, defamatory, libelous, treasonous, or that promotes the use of violence, that provides instruction, information or assistance in causing or carrying out violence against any organization, group or individual, or that provides guidance, information or assistance with respect to causing damage or security breaches to CyMedica’s network or to the network of any other service provider.
8. E-mail Abuse and Unsolicited Bulk Email ("spam").CyMedica prohibits use of the Provider Portal or Services for the sending of any form of unsolicited bulk email. Providers and Users may not use the Provider Portal or Services to solicit Providers from, or collect replies to, messages sent from another internet service provider where those messages violate this AUP or that of the other provider.
9. Security Violations.CyMedica prohibits use of the Provider Portal or Services to interfere with, to gain unauthorized access to, or otherwise violate the security of CyMedica’s or another's server, network, personal computer, network access or control devices, software or data, or other system, or to attempt to do any of the foregoing.
10. Provider Responsibilities.You remain solely and fully responsible for maintaining the basic security of the systems utilized by and on your behalf to access the Provider Portal and Services, including implementation of necessary patches and operating systems updates, to prevent use by others in a manner that violates this AUP. You are responsible for taking corrective actions on vulnerable or exploited accounts to prevent abuse.
11. Incident Reporting.Any complaints (other than claims of copyright or trademark infringement) regarding the violation of this AUP by a Provider or User should be directed to customerservice@cymedicaortho.com. Where possible, include details that would assist CyMedica in investigating and resolving the complaint (i.e. a copy of the offending transmission).