5.1 Equipment. In order to use the Software you will need an Internet connection. You are responsible for providing all equipment required to access the Internet or enable communications such as headsets, microphones and webcams.
5.2 Use of Equipment. The Software may use the processing capabilities, memory and bandwidth of the applicable device you are using, for the limited purpose of facilitating the communication and establishing the connection between the Software users. If your use of the Software is dependent upon the use of a processor and/or bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Software is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.
5.3 Maintenance. From time to time, Health360 may need to perform maintenance on or upgrade the Software or the Website or the underlying infrastructure that enables you to use the Software and the Website. This may require Health360 to temporarily suspend or limit your use of some or all of the Software or the Website until such time as this maintenance and/or upgrade can be completed. To the extent possible, and unless an intervention is urgently required, Health360 will publish the time and date of such suspension or limitation on the Website in advance. You will not be entitled to claim damages or any loss for such suspension or limitation of the use of the Software and/or the Website.
5.4 Quality of Service. Health360 cannot guarantee that the Software and the Website will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software and/or the Website, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, and your power supply. Health360 takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
5.5 Content of Communication. Health360 is not the source of, does not verify or endorse, and takes no responsibility for the content of medical records or communications made using the Software, including but not limited to any messages, voice messages, or media that are shared through our communication features. By using the Software, you agree that the content of your communications may be transmitted to the recipient of your communication and that messages and content shared through messaging features may be stored on Health360 servers (a) to convey and synchronize your messages and content and (b) to enable you and your recipients to view the messages and related content. Messages deleted by users will appear as such to the user. Such messages are maintained by Health360 as described in our Privacy Policy, available at <http://2ml.7b7.myftpupload.com/milans-privacy-policy/>
5.6 Content of the Services and Website. The Software is intended to facilitate the coordination of patients’ care by aggregating health information in one application. All content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity who originated such content. We may not monitor or control the content posted or transmitted via the Software and we cannot take responsibility for such content. Any use or reliance on any content or materials posted or transmitted via the Software or obtained by you through the Software or the Website is at your own risk.
Health360 does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted or transmitted via the Software. You understand that by using the Software, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise misleading. Under no circumstances will Health360 be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Software.
You understand that your content posted or transmitted via the Software and the Website is subject to risk of being intercepted, hacked, stolen, or otherwise misused, and that the content may be disclosed, posted, or divulged to the public by parties other than Health360. While Health360 will use all reasonable efforts to protect your content and to prevent any of the foregoing events, you agree that you shall not hold Health360 or the medical provider that informed you of the Software or made it available to you liable or responsible in any way if content communicated over the Software is made public.
5.7 Rules of Conduct. You understand that Health360 reserves the right to review content submitted on or through the Software and Website for the purpose of enforcing these Terms. Health360 may, in its sole discretion, block or otherwise prevent delivery of any instant message, SMS, video, media, or other communication to or from the Software and Website as part of our efforts to protect the Software and the Website or our customers, or to otherwise enforce these Terms. The following rules apply to your conduct and content when using the Software and the Website:
(a) Do not use the Software and the Website to do anything illegal. You are responsible for your actions and the consequences of your actions.
(b) Do not send spam or use your account to help others send spam. Spam is unsolicited bulk email, calls, instant messages, other communications and bulk contact requests.
(c) Do not upload, download or share inappropriate images (e.g. nudity, bestiality, pornography).
(d) Do not upload or share images or engage in any activity that exploits or harms children.
(e) Do not engage in activity that is false or misleading (e.g. impersonating someone else, soliciting personal sensitive information).
(f) Do not engage in activity that is harmful to our Software or the Website or their users (e.g. viruses, stalking, engaging in hate speech, and advocating violence against others).
(g) Do not infringe upon the legal rights of others (e.g. unauthorized sharing of copyrighted content).
(h) Do not engage in activity that violates the privacy of others.
(i) Do not circumvent, disable or otherwise interfere with the security related features of the Software and/or the Website or features that prevent or restrict the use of any content.
We may ask you to remove your content if it violates these Terms or the law. Failure to comply may result in loss of access to, or cancellation of, your User Account. Additionally, Health360 may remove your content at its sole discretion if we determine it is in violation these Terms or the law or if we receive a notice of intellectual property infringement from a third party.