ICE Terms of Service

ICE HEALTH SYSTEM TERMS OF SERVICE

These Terms of Service were last amended on March 5, 2015.

THE FOLLOWING DESCRIBES ICE HEALTH SYSTEMS INC.’S (“ICE”) TERMS OF SERVICE FOR USE OF THE ICE HEALTH SYSTEM AND RELATED SERVICES. BY ACCESSING OR USING ANY OF THE ICE  HEALTH SYSTEM OR ANY OF THE RELATED SERVICES YOU  ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE, AS MAY BE AMENDED AS INDICATED BELOW. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE YOU MAY NOT ACCESS OR USE ANY OF THE ICE HEALTH SYSTEM OR ANY RELATED SERVICES. YOU ARE PERMITTED TO ACCESS AND USE THE ICE HEALTH SYSTEM AND RELATED SERVICES, SUBJECT TO YOUR COMPLIANCE WITH THESE  TERMS  OF  SERVICE, UNDER A SEPARATE AGREEMENT (THE “ICE/INSTITUTION AGREEMENT”) THAT ICE HAS WITH [∙] (THE “INSTITUTION”).

Terms of Service

In addition to other available remedies, failure to comply with any part of these Terms of Service may result in the suspension or termination of your account. We shall not, however, terminate your account due to your failure to comply with these Terms of Service unless (i) we receive the approval of the Institution to terminate your account, or (ii) you violate a restriction in these Terms of Service, and  after ICE notifies you, or makes reasonable efforts to provide you with notice, of such violation, you violate the same or similar restriction a subsequent time, or (iii) you violate three or more restrictions in these Terms of Service, after ICE notifies you, or makes reasonable efforts to provide you with notice of, two prior such violations.

ICE may suspend your access to the ICE Health System and any related services in the event that ICE has a reasonable basis for believing that you have violated these Terms of Service. In such event, ICE shall make reasonable efforts to notify you of such suspension and ICE will make a reasonable effort,  in a timely manner, to investigate the same and attempt to come to agreement with the Institution on the resolution of the same.

You shall not submit any information or material to the ICE Health System, or knowingly provide a  link to any information or material to the ICE Health System where you know that the information or material contained in such link :

  • is obscene or contains pornography of any kind;
  • violates any applicable laws;
  • infringes any third party intellectual property or proprietary rights, including without limitation, copyright, patent, trademark or trade secret. Without limitation, this would include the  uploading or sharing of music;
  • infringes any person’s privacy rights or their rights in their health information;
  • infringes any person’s other rights including without limitation right of publicity;
  • is unlawful, malicious, threatening, abusive, harassing, tortuous or vulgar;
  • is knowingly false or misleading or constitutes  a reckless disregard for whether it is not false  or misleading;
  • is defamatory or libellous of any person or organization;
  • is harmful or potentially harmful to the integrity or security of any computer system or which is a virus, Trojan horse, worm, time bomb or other harmful or invasive computer program or file;
  • places any person’s health or safety at risk; or
  • creates liability or damage to ICE, the ICE Health System, ICE’s computer systems or its service providers.

You shall not in connection with the ICE Health System:

  • use the ICE Health System to commit any dishonest act, act of fraud or act which does or  which is intended to deceive anyone in relation to anything;
  • make available or send any unsolicited or unauthorized advertising, promotional material, junk mail, spam or chain letters. (Certain parts of the ICE Health System have been designated for communications. You may use those parts to communicate with other users, but only for communications that are not prohibited under this Terms of Service and only as reasonably necessary for such non­prohibited communications);
  • access or use, or attempt to access or use, any personal information or any health information of any other user or other person unless specifically authorized by such other user or person;
  • access or use, or attempt to access or use, any account or password of any other user, unless expressly permitted to do so by such other user;
  • breach or circumvent, or attempt to breach or circumvent, any security measure that has been employed for the ICE Health System;
  • use any automatic means, including software, to interfere with, or attempt to interfere with, the operation of the ICE Health System or its use by any other user;
  • undertake any activity which interferes or attempts to interfere with the ICE Health System or its use by others;
  • do anything that is defamatory or libellous of any person or organization, including ICE or any of its suppliers;
  • knowingly encourage any violation of these Terms of Service, or facilitate any violation of  these Terms of Service where you knew that your facilitation would lead to a violation of these Terms of Service;
  • directly or indirectly, create derivatives, modify, decompile or reverse engineer the ICE Health System or do anything to attempt to reveal, generate or obtain the source code for any of the ICE Health System; or
  • directly or indirectly, use or operate the ICE Health System for the benefit of any other party other than the Institution, such as any type of service outsourcing, application service provider or service bureau capacity.

Without limiting the foregoing, use of the ICE Health System other than for its intended purpose will  be a breach of these Terms of Service.

Suggestions

If you submit an idea, request or suggestion to ICE relating in any manner to the ICE Health System.including any improvement, enhancement, innovation, invention or variation or any  new  feature or functionality relating thereto (collectively, all the foregoing are herein called “Suggestions”), you hereby agree and grant ICE the right to forward your Suggestion to your Institution (i.e. the Institution through which you are using the ICE Health System) and concurrently therewith inquire as  to whether such Suggestion is a “Permitted Suggestion” or a “Non­Permitted Suggestion” as such terms are defined in Section 2.7 of the ICE/Institution Agreement. If ICE receives written confirmation that such Suggestion is a Permitted Suggestion and forwards such written confirmation to you, you hereby agree that ICE shall have the rights granted to ICE in the ICE/Institution Agreement with respect to  such Permitted Suggestion and you forever and irrevocably waive your rights to the Permitted Suggestion, including any right to payment for such Permitted Suggestion, and to bring any claims against ICE, your Institution or any other person in connection with, or otherwise relating to such Permitted Suggestion. If ICE receives written confirmation that such Suggestion is a Non­Permitted Suggestion and forwards such written confirmation to you, ICE shall have no right to use such Suggestion and you shall retain all rights to such Suggestion, subject to the rights of your Institution or any third parties, if any. Except as provided in the next sentence, you forever and irrevocably waive  your rights to bring any  claims against ICE as a result of or in connection with ICE’s violation or  breach of its obligations to you under this Section titled “Suggestions” (a “Breach of Suggestions Section”). Notwithstanding the foregoing, you shall retain your rights to bring a claim directly against ICE in respect of or in connection with a Breach of Suggestions Section if a waiver of your rights pursuant to the immediately preceding sentence would bar your Institution from bringing a claim  against ICE in respect of or in connection with such Breach of Suggestions Section.

Amendments

ICE may amend these Terms of Service to the extent permitted under the ICE/Institution Agreement at any time by posting new terms of service in place of this one (a “Permitted Amendment to the Terms of Service”).  ICE will post notice that there is a Permitted Amendment to the Terms of Service on its  main website located at www.icehealthsystems.com for a period of 30 days. The  Permitted  Amendment to the Terms of Service shall automatically be effective when posted. Your continued use

of the ICE Health System or any related service following the posting of the Permitted Amendment to the Terms of Service and the posting of such notice shall mean that you accept the Permitted Amendment to the Terms of Service. If you do not agree with any part of the Permitted Amendment to the Terms of Service then you agree to immediately cease all use of the ICE Health System and all related services, which shall be your sole recourse and remedy in the event you are dissatisfied with the Permitted Amendment to the Terms of Service. These Terms of Service may not  otherwise  be amended.

The first paragraph of these Terms of Service indicates when these Terms of Service were last  amended. Please check back regularly to review for changes.

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