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secure-transmit’s Acceptable Use Policy

Effective: April 1, 2021

Introduction

This Acceptable Use Policy (“Policy”) defines acceptable practices for the use of secure-transmit’s sites, services, and/or products. By using our sites and services and/or products, you acknowledge that you and users that have gained access to the site and services through your account are responsible for compliance with the Policy. You are responsible for violations of this Policy by any user that accesses the sites and services through your account. While it is not our intent to control or monitor your content, should we become aware of inappropriate content transmission we may refuse services for any content that we deem to be in violation of the Policy, our Terms of Service, our Privacy Policy, and/or that we otherwise deem unlawful, harmful, or offensive. This Policy applies to all aspects of secure-transmit’s sites and services. This Policy is designed to protect secure-transmit, its sites and services, users, and the internet community from improper or illegal activity across the internet, to improve the sites and services, and to improve service offerings. The utilization of secure-transmit’s sites and services by a user is subject to the terms and conditions of any agreements entered into by such user and secure-transmit. This Policy is incorporated into such agreements by reference, including but not limited to secure-transmit’s Terms of Service Agreement and Privacy Policy.

You represent and warrant that you are at least 18 years old, or if you are under 18 years of age but are at least 13 years old, that you are using our sites, services, and/or products with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use our sites, services, and/or products. If you are under 18 and you have not received your parent’s or legal guardian’s permission, you may not, under any circumstances or for any reason, use our sites, services, and/or products. If you do not wish to be bound to this Policy, you should not access, subscribe to, or otherwise use secure-transmits sites or services. 

Prohibited Uses

You agree not to misuse secure-transmit’s sites and services or help anyone else to do so. The following actions are prohibited:

  • probe, scan, or test the vulnerability of any system or network;
  • breach or otherwise circumvent any security or authentication measures;
  • access, tamper with, or use non-public areas or parts of the services, or shared areas of the secure transmit sites and/or services you do not have permission to access;
  • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the sites and services;
  • access, search, or create accounts for the sites and/or services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
  • send unsolicited communications, promotions, or advertisements, or spam;
  • send altered, deceptive. or false source-identifying information, including "spoofing" or "phishing;"
  • abuse referrals or promotions;
  • publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terror propaganda;
  • advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;
  • harass or abuse secure-transmit’s personnel or representatives or agents performing services on behalf of secure-transmit;
  • violate the law in any way, including sharing material that is fraudulent, defamatory, or misleading; or
  • violate the privacy or infringe the rights of others.

The actions described in this section are non-exhaustive, and secure-transmit reserves the right to take appropriate action to remedy any conduct which it deems to be a violation of this Policy or otherwise may be harmful to secure-transmit, or its users. INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH USER.

Secure-transmit reserves the right to suspend and/or terminate the Services or the user’s access to the sites and services.

HIPAA Compliance

All Users certify that they will not utilize the sites and services in any way that would result in the violation of any data privacy or other requirement of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and their implementing regulations set forth at 45 C.F.R. Parts 160 and Part 164 (collectively the “HIPAA Rules), or any other applicable international, federal, state, and local laws and regulations.

Investigation and Enforcement

 

secure-transmit has the right, but is not obligated, to strictly enforce this Policy through self-help, active investigation, litigation, and prosecution. secure-transmit shall not be obligated to monitor or exercise any control over any content transmitted using the sites and services but reserves the right to do so. In addition, secure-transmit may take any other appropriate action against a user for violations of the Policy, including repeated violations wherein correction of individual violations does not, in secure-transmit’s sole discretion, correct a pattern of the same or similar violations. secure-transmit further reserves the right to conduct investigations into fraud, violations of the terms of this Policy or other laws or regulations, and to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the user that secure-transmit deems responsible for the wrongdoing.

Cooperation with Law Enforcement

 

secure-transmit may also disclose any information related to a user’s access and use of the sites and services for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with the law (e.g., a lawful subpoena); (3) protecting secure-transmit’s rights or property and those of its users; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of such sites and services.

secure-transmit will cooperate fully with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity to whatever extent possible. secure-transmit reserves the right to disclose user information to the extent authorized or required by federal or state law. By using and accepting the sites and services, user consents to secure-transmit’s disclosure to any law enforcement agency, without the need for subpoena, of user’s identity as the service provider of record (including basic contact information), as applicable, for any user about whom secure-transmit is contacted by a law enforcement agency. In instances involving child pornography, secure-transmit will comply with all applicable federal and state laws, including providing notice to the National Center for the Missing and Exploited Children or other designated agencies.