Acceptable Use Policy

DataWELL Informatics Acceptable Use Policy

 

1. Acceptable Use of Services

1.1 This Acceptable Use Policy (the “AUP”) describes certain limitations and restrictions in connection with your use and your End Users’ use of the Services, and any online portal, console, dashboard or similar interface used in accessing the Services. The Services are based on a hosted and managed Cloud Service Platform (the “CSP”) which comprises computing hardware and software, including automation and orchestration tools. Terms used in this AUP that are capitalized and not otherwise defined have the meanings set forth in the DataWell Informatics Cloud Services Agreement.

1.2 This AUP applies to all uses of any CSP and Services including use resulting from or involving client content and you are solely responsible for: (i) the content, materials and data that you create outside the Service and upload to and process on the CSP; (ii) the content, materials and data that you create through your use of the Services.

1.3 You will comply with all applicable laws and regulations when using the Services and will not allow any illegal or improper use of the Services.

 

2. Changes to AUP

2.1 We may change this AUP from time to time by posting the updated version of this AUP to this url or otherwise providing notice to you. If you do not agree with the change you must stop using the Services. If you continue to use the Services following a change to this AUP you will be deemed to have accepted the change.

 

3. AUP applies to all Users

3.1 This AUP applies to the use of the Services by all your users, your customers, third party service providers and other end-users (“Users”). You are responsible for the acts and omissions of all Users.

 

4. HIPAA Compliance

4.1 The CSP is designed to enforce many of the required security and privacy controls mandated by the Health Insurance Portability and Accountability Act (HIPAA). You will not attempt to use the CSP in any manner that could weaken or degrade the ability of any organization to comply with HIPAA.

4.2 You may not attempt to circumvent any controls or features which are intended to enforce compliance with HIPAA.

 

5. Security, Abuse and Illegal Behavior

5.1 You may not use the Services or allow the Services to be used to:

5.1.1 attempt to probe, scan or test the vulnerability of the Services, the CSP or any of our Clients or suppliers;

5.1.2 engage in fraudulent, offensive or illegal activity of any nature including any activity that infringes the intellectual property rights or privacy rights of any individual or third-party;

5.2.1 gain unauthorized access to any Services or the CSP or any related computer systems or networks or engage in security attacks of any kind including:

5.2.1.1 against trust (such as email or IP spoofing, password cracking, and DNS poisoning);

5.2.1.2 against confidentiality and integrity (by using malware such as computer viruses, worms, trojan horses, rootkits, keyloggers, spyware or and other malicious programs and code); or

5.2.1.3 against availability (such as denial of service and email bombs)

5.2.1.4 corrupt, modify or intercept electronic communications intended for any other person or entity; or

5.2.1.5 interfere with or disrupt the operation of an CSP or the Services.

5.3 You may not avoid any limitations we place on your use of the Services.

5.4 You may not copy the Services, or permit other individuals or entities to copy the Services, or any part, feature, function or user interface thereof.

 

6. Violations and Law Enforcement

6.1 We reserve the right at any time and without notice to investigate any suspected breach of this AUP or misuse of our Services.

6.2 We may block access to Client Content or remove it from the Services and CSP if we have reasonable grounds to suspect that it breaches this AUP.

6.3 We may be required to cooperate with courts and judicial bodies, police and law enforcement authorities, regulators and other appropriate third parties to help with the investigation and prosecution of illegal conduct. This cooperation may include disclosing information and data about the CSPs and the Services to them and providing them with information about your use of the Services and Client Content when we are legally required to do so.

 

7. Suspension or Termination

7.1 If you or your End Users breach this AUP or misuse the Services or allow others to do so, we may suspend or terminate your use or your End Users’ use of the Services.

7.2 If we decide that the breach can be remedied without suspending your access to the Services, we will request you to remedy the breach within the time period that we specify. If the breach is not remedied within that time period, we reserve the right to suspend your access to the Service.

7.3 If we suspend your access to the Service we may terminate your access to the Service if you do not correct the reason for suspension within seven days of the suspension.

 

8. Reporting Breaches

8.1 You will immediately notify us if you become aware of any breach of this AUP and assist us to investigate or remedy the breach.