 |
This document describes our rules and conditions for you to access and
use ClinicWebsite.Net and the services we provide. In order to use our service,
you must agree to this Terms of Use. If you do not agree to these conditions,
ClinicWebsite.Net's services are not available to you and you must exit this web
site now.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
This ClinicWebsite.Net Terms of Use is effective immediately upon the member’s
acceptance of the Terms of Use by clicking the “Submit Registration” button
with the phrase “I have read the Terms of Use and I agree”. By using
ClinicWebsite.Net Website services, you consent and agree to be bound to this
Terms of Use.
DEFINITION OF TERMS
From this point on, ClinicWebsite.Net is referred to as "ClinicWebsite.Net," "we," "us,"
or "our." From this point on, you, as the member, also are referred to as
"you," "member," "subscriber," "client," or "customer."
From this point on, the equipment and software owned, leased, used by, or
maintained for or by ClinicWebsite.Net are referred to as "the ClinicWebsite.Net system"
or "system."
From this point on, member files, member databases, and data content are
referred to herein as “member data.”
Information stored in and/or gathered by ClinicWebsite.Net's system about the
member, member's files, and member's system usage (member's
meta-information) are referred to herein as "member profile data."
1. MEMBER PROFILE DATA
As the owner of the member profile data, the Member is responsible for always
providing ClinicWebsite.Net with accurate, timely information about his/her clinic and
also about himself/herself. Member's contact data must be and will be kept
current. ClinicWebsite.Net will use, in good faith, this information to contact the
member about his/her account and member profile data. If this information is
incorrect, or we are unable to utilize it (e.g. member's e-mail address is not
active), then ClinicWebsite.Net's obligation to contact member is void.
While member is the owner of his/her member profile data, ClinicWebsite.Net retains
ownership of the storage media which house the member profile data. Thus, as
in any lease-type agreement, we reserve the right to copy, relocate, back-up,
and remove member profile data from our system.
Member data collected in aggregate form is the property of ClinicWebsite.Net.
2. MEMBER PRIVACY
ClinicWebsite.Net does not regularly monitor member data and/or member profile data
unless we believe there is misuse. ClinicWebsite.Net may randomly monitor member
data and/or member profile data to ensure that misuse does not occur, and may
look at member data/member profile data if we believe that it is necessary
to protect ourselves or other members from injury or damage. ClinicWebsite.Net
endeavors to respect the privacy of its members but cannot allow the
system to be a tool for illegal or other injurious or damaging activities.
DO NOT MISUSE OR ABUSE OUR SYSTEM. YOUR ACCOUNT WILL BE TERMINATED.
3. MEMBER CONDUCT
Any and all information, data, text, or messages (“Content”) in all cases are
the sole responsibility of the person from which the Content originated. By
placing Content in ClinicWebsite.Net, the Member affirms that (1) You are the owner
of that Content, and (2) the use of such Content does not infringe upon the
rights of, or violate the rights of any third party.
You agree not to use the Service to:
(a) upload, post, or transmit any Content that is unlawful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous,
hateful, invasive, or racially or ethnically objectionable;
(b) upload, post, or transmit any data that is contaminated with viruses or
programs or files that are designed to destroy or hinder computer or
telecommunications equipment;
(c) interfere with the Service, servers, or networks related to the Service;
(d) harm minors in any way;
(e) impersonate any person or entity;
(f) upload, post, or transmit any Content that you do not have a right to
transmit under any law, contract, or fiduciary relationship;
(g) upload, post, or transmit any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
(h) provide instructional information about illegal services
4. LIMITATION OF LIABILITY AND INDEMNITY
ClinicWebsite.Net, nor any party that supplies services or information to ClinicWebsite.Net
or the system, does not make any warranty concerning the accuracy of any
information found on or exchange through the ClinicWebsite.Net system.
THE MATERIALS IN AND/OR ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ClinicWebsite.Net DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. ClinicWebsite.Net DOES NOT WARRANT THAT THE FUNCTIONS AND/OR
SERVICES OF ClinicWebsite.Net-RELATED WEB SITES, SOFTWARE, OR OTHER
MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT SUCH SITES OR THE SERVERS THAT MAKE THEM
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ClinicWebsite.Net AND ITS
PARTNERS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO NEGLIGENCE, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF
ClinicWebsite.Net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE THE SERVICES,
OR THE CORRUPTION OF MATERIALS STORED ON, STORED IN, OR PROVIDED
BY ClinicWebsite.Net, EVEN IF ClinicWebsite.Net OR AN ClinicWebsite.Net AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSION OR DATA; (4) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (5) OR ANY OTHER MATTER
RELATING TO THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE OR LOSS.
In addition, you agree to defend and indemnify us and do hereby hold us
harmless from and against any and all claims, proceedings, damages, injuries,
liabilities, losses, costs and expenses (including attorney fees) relating
to any acts by you or materials or information transmitted by you in
connection with our system leading wholly or partially to claims against
us or our system by other members or third parties.
Applicable law may not allow the limitation or exclusion of liability or
incidental or consequential damages, so the above limitations or exclusions
may not apply to you. In no event shall ClinicWebsite.Net's total liability to you
for all damages, losses, and causes of action (whether in contract, tort
(including, but not limited to, negligence), or otherwise) exceed the amount
paid by you, if any, for accessing this site.
ClinicWebsite.Net reserves the right to subcontract or otherwise conduct e-commerce
services which, among other things, may be used to pay for ClinicWebsite.Net
services. Member agrees to hold ClinicWebsite.Net harmless for any errors and/or
omissions made in the conduct of such e-commerce or by such third-party
e-commerce service providers.
Rules For Use
Do not use our system for anything that might be unlawful. This system may not
be used to encourage anything to do with unlawful or illegal activities
relating to: drugs, gambling, pornography, prostitution, child pornography,
robbery, spreading computer viruses, cracking into private computer systems,
software infringement, trafficking in credit card codes, or other crimes.
ClinicWebsite.Net has zero tolerance for such activity.
Respect the security of our system. Do not try to gain access to system areas
private to ClinicWebsite.Net, or to other members. Some members try to crack system
security just to show it can be done. Do not try to prove this on our system.
It is illegal and ClinicWebsite.Net will prosecute those who illegally threaten the
system.
Any member whose activities disrupt or damage the system or its function will
be held financially liable for system administration costs incurred in
repairing the affected systems. You agree to this.
Do not send mass, unsolicited e-mailings to members of our system and/or other
systems. This is also known as "spamming". This causes a mass influx of
complaints to our system administrators and causes them to lose much
productivity. It will not be tolerated and your account may be locked and/or
terminated without notice if you break this rule. This also applies to USENET
news or any other news and/or e-mail-based service.
The use of ClinicWebsite.Net for advertising or promotion of a commercial product or
service is prohibited. Violators are subject to immediate termination of their
account. Special arrangements must be made on an individual basis with
ClinicWebsite.Net for such activities. Without such special arrangements, all such
activity is prohibited. It reduces available bandwidth and takes undue
advantage of the services we have to offer.
The member is responsible for all use of member's account and confidentiality
of member's password.
Registered users who do not login for more than 120 days are considered innactive
and will be dropped from ClinicWebsite.Net Standard membership.
ClinicWebsite.Net reserves the right to delete member's data content after one or both
parties terminates this agreement.
ClinicWebsite.Net reserves the right, at its sole discretion, to delete any information
entered into ClinicWebsite.Net by member. ClinicWebsite.Net and its authorized
representatives shall have the right, but shall not be obligated, to edit
publicly-viewable information.
THE MEMBER HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR
PUBLICATION OR STORAGE ON ClinicWebsite.Net EQUIPMENT THROUGH MEMBER'S
ACCOUNT(S) DOES NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK,
PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHT OF OTHERS,
OR CONTAIN ANYTHING OBSCENE OR LIBELOUS.
Due to the public nature of the Internet, all electronic mail is considered
publicly accessible and important information should be treated carefully.
ClinicWebsite.Net is not liable for protection or privacy of electronic mail and
information transferred through the Internet. ClinicWebsite.Net may modify these
terms and conditions upon notification published on the main ClinicWebsite.Net
website at the following URL: http://ClinicWebsite.Net/Klinik/termsOfUse.asp.
Member's use of ClinicWebsite.Net services after such notice shall constitute
member's acceptance of the modifications to this Agreement.
Non-enforcement of any section of this Agreement does not constitute consent
or waiver and ClinicWebsite.Net reserves the right to enforce this Agreement at its
sole discretion.
If any one or more paragraphs in this Agreement is found to be unenforceable
or invalid, member's and ClinicWebsite.Net's agreement on all other paragraphs shall
remain valid.
Termination
This agreement is effective until terminated by either party. You may
terminate this agreement at any time by destroying all materials obtained
from any and all ClinicWebsite.Net site(s) and all related documentation and all
copies and installations thereof, whether made under the terms of this
agreement or otherwise.
This agreement will terminate immediately and without notice from ClinicWebsite.Net
if in ClinicWebsite.Net's sole discretion you fail to comply with any term or
provision of this agreement. ClinicWebsite.Net, at its sole discretion, may terminate
any member account upon fifteen (15) day notice. ClinicWebsite.Net reserves the right
to refuse service to anyone.
Upon termination, you must destroy all materials obtained from this site and
any and all other ClinicWebsite.Net site(s) and all copies thereof, whether made
under the terms of this agreement or otherwise.
If any provision of this agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability of any
remaining provisions. This is the entire agreement between the parties
relating to the subject matter herein and shall not be modified except in
writing, signed by both parties.
|
 |