Date Posted: 2020-11-30
This Acceptable Use Policy (this “AUP”) governs the use of the website located at www.ViaSana.co or any of its subdomains or derivative URLs (collectively, the “Websites” and together with the Sites, the “Sites”).
Violation of this AUP may lead to suspension or termination of your account in addition to other legal action pursuant to . ViaSana (“we”, “us”, “our”) may update this AUP from time-to-time by posting a new version on this page and providing you written notice of the change, which may include or be limited to a posting on the site of such changes. The new version will become effective on the date posted at the top of this AUP.
Terms not defined in this AUP will have the meaning set forth in the applicable agreement between you and ViaSana which may include the Terms of Service available at https://www.viasana.co/terms/.
1. Content on the Platform. (a) . All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. Therefore, each individual user, and not ViaSana, is entirely responsible for all Content that that user uploads, downloads, posts, emails, transmits, or otherwise makes available (each a “Transmission”) or uses via the Sites. While we do our best to ensure that each user understands what is acceptable use, you understand that by using the Sites, you may be exposed to Content that is offensive, indecent, or objectionable. (b) . ViaSana neither:
- owns nor publishes the Content on its servers;
- screens Content before it is published; nor
- makes decisions about what Content is uploaded to the Sites.
(c) . You should be mindful of the Content you choose to post. You should not post libelous or defamatory statements about (1) any third party or confidential data about that third party’s customers or other third parties to whom they owe a duty of care; (2) information that is embarrassing or offensive to another person; or (3) confidential data that you wish (or a third party wishes) to keep private including but not limited to sensitive company or personal financial information. (d) . Users assume and bear all risk in using the Sites. Therefore, you must evaluate the risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. We cannot and do not warrant the accuracy, completeness, or usefulness of any Content.
2. Acceptable Use. ViaSana requires that all users of the Sites conduct themselves with respect for others. In particular, you must observe the following rules in order to use the Sites:
(a) . No user may directly or through a Transmission:
- harass, threaten, or defame any person or entity;
- contact any person who has requested no further contact;
- engage in “stalking” or “cyber-stalking”; or
- use ethnic, racial, or religious slurs against any person or group.
(b) : No user may directly or through a Transmission:
- violate the privacy rights of any person;
- cooperate in or facilitate identity theft;
- disseminate any patient, medical, or other protected health information regulated by the Health Insurance Portability and Accountability Act (commonly, HIPPA, as amended and supplemented) or any similar federal or state laws, rules, or regulations;
- disseminate any payment card or financial information of any third party; or
- use the Sites in violation of any privacy laws in any applicable jurisdiction.
(c) . No user may directly or through a Transmission:
- infringe upon the copyrights, trademarks, trade secrets, or other intellectual property rights of any person or entity;
- reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder; or
- modify or combine the Content in any manner, with any other material, in any fashion that infringes the rights or any person including, without limitation, intellectual property rights.
(d) . No user may directly or through a Transmission:
- access any computer or communications system without authorization, including the computers used to provide the Sites;
- attempt to penetrate or disable any security system;
- intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, website, or the Sites;
- access or attempt to access any unauthorized part of the Sites;
- access or attempt to access any part of the Sites or any Content through any technology or means other than those provided or authorized by ViaSana including, without limitation, through automated or non-automated technologies (such as, for example only, “scraping,” “robots,” “spiders,” “offline readers,” or any system that sends more request messages to the Sites or ViaSana servers than a human can reasonably produce in the same period of time);
- decipher or decrypt transmissions, circumvent any access, authentication or copy restrictions of, or otherwise attempt to compromise the security of the Sites;
- attempt to probe, scan, or test the vulnerability of any part of the Sites without proper authorization;
- access or attempt to access or otherwise interfere with the Accounts of other Users of the Sites; or
- take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure or that of our third-party providers as determined in our sole discretion.
(e) . No user may directly or through a Transmission:
- send bulk unsolicited emails (i.e. spam) or sell or market any product or service advertised by or connected with spam;
- facilitate or cooperate in the dissemination of spam in any way; or
- violate the CAN-Spam Act of 2003.
(f) . No user may directly or through a Transmission:
- issue fraudulent offers to sell or buy products, services, or investments;
- mislead anyone about the details or nature of a commercial transaction;
- commit fraud in any other way;
- violate any law including, without limitation, securities laws;
- make available confidential information learned or disclosed as part of a contractual or fiduciary relationship including, without limitation, inside information, proprietary information, employment information, or any information made available to you under a nondisclosure agreement;
- impersonate any person or entity including, without limitation, a ViaSana agent or representative, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity including, without limitation, by forging TCP/IP packet headers, e-mail headers, or any part of a message describing its origin or route;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in this AUP; or
- otherwise create liability or damages to ViaSana.
(g) . Users must maintain appropriate security, protection, and backup copies of any Content which may include the use of additional encryption technology to protect the Content from unauthorized access. You agree that ViaSana will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of, or failure to store or encrypt any Content.
3. Right to Remove Content. ViaSana reserves the right (but assumes no obligation) to remove any Content at our sole discretion including, without limitation:
- Content that infringes third-party copyright, trademark, or publicity rights including but not limited to that Content which we have good reason to believe so infringe, based on information received in a Digital Millennium Copyright Act notice to us;
- obscene Content, child pornography, and Content depicting the exploitation of children;
- Content that incites violence;
- Content that we believe may create liability or damages to us; or
- Content that violates the law, especially U.S. federal criminal law.
4. Remedies. Without limiting any other remedies available to it, we may in our sole discretion suspend or terminate access to the Sites for violations of this AUP; to prevent harm to other parties; or to preserve the security, availability, or integrity of the Sites. In addition, you may be required to pay for the costs of investigation and remedial action related to AUP violations. ViaSana reserves the right to take any other remedial action it sees fit.
5. Reporting Unacceptable Use. We request that anyone with information about violations of this AUP report it to us via e-mail to the following address: firstname.lastname@example.org. To report information, please provide:
- the date and time (with time zone) of the violation;
- any identifying information regarding the violator, including e-mail or IP (Internet Protocol) address if available;
- details of the violation as you observed it; and
- the URL of the page on which you observed it.
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