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Acceptable Use Policy

Last updated: December 19, 2016

This Acceptable Use Policy (“AUP”) describes actions that iTMethods prohibits when any party uses iTMethods’ Services. This Policy is incorporated by reference and governed by the iTMethods Master Services Agreement which contains explanations of defined terms and takes precedence over any conflicting provisions in this AUP.

AWS Infrastructure

For cloud environments hosted on Amazon Web Services (“AWS”) infrastructure, the AWS Acceptable Use Policy, as it may be modified by Amazon, Inc. from time to time, is applicable and is incorporated by reference in this AUP. As of the revision date of this AUP, the AWS Acceptable Use Policy is published at https://aws.amazon.com/aup/. Capitalized terms used in the AWS Acceptable Use Policy have the meanings given in the AWS Acceptable Use Policy, except that the term “Services” means the iTMethods Services that include the AWS hosted cloud environment.

You, the Client, may not use the Services without agreeing to this AUP. This list of prohibited uses is provided by way of example and should not be considered exhaustive. All determinations related to violations of this Acceptable Use Policy will be made by iTMethods in its sole discretion. Thus, you agree not to use, and not to encourage or allow any Authorized End User to use, iTMethods’ Services in prohibited manners, including, but not limited to, the following:

Security Prohibitions.

  1. Attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk to iTMethods or any of its users or any of its Business Partners.
  2. Reverse-engineering the Services in order to find limitations, vulnerabilities, or evade filtering capabilities.
  3. Transmitting any material that contains viruses, Trojan horses, worms, time bombs or any other malicious, harmful, or deleterious programs and that that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data.
  4. Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call.

Service and Business Integrity Prohibitions.

  1. Using the Services, or any component of the Services, in any manner not authorized by iTMethods.
  2. Using the Services in any manner that may subject iTMethods or any third party to liability, damages, or danger.
  3. Using the Services to encourage any illegal, abusive, or other activities that interfere with the business or activities of iTMethods.
  4. Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Services or any other conduct that adversely impacts the availability, reliability, or stability of the Services.
  5. Taking any action to participate in, encourage, or promote any activity prohibited under this AUP or the Elasity Subscription Agreement.

Content Prohibitions.

  1. Using the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including e-mail or other messages, promotions, advertising, or solicitations (like ‘spam’), including commercial advertising and informational announcements.
  2. Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including laws and regulations regarding the transmission of data or software.
  3. Using the Services to harvest or otherwise collect information about others, including email addresses or phone numbers.

Miscellaneous Prohibitions.

  1. Using the Services to engage in or in connection with fraudulent activity.
  2. Using the Services to store, process or transmit Protected Health Information “(PHI”) as defined by the Health Insurance Portability and Accountability Act of 1996 as amended, unless you have signed a Business Associate Agreement (“BAA”) with iTMethods or your use of the Services fits within the “conduit” or some other exception for requiring a Business Associate Agreement.
  3. Using the Services to transmit any material that infringes the intellectual property rights or other rights of third parties. Using the Services to transmit any material that is libelous, defamatory, discriminatory, or otherwise malicious or harmful to any person or entity.