ANNEX II MEDEXIS ACCEPTABLE USE MAUP (‘MAUP’)
Use of Medexis and any and all software and services related thereto are subject to this Medexis Acceptable Use Policy (“MAUP”). If there is a conflict between this MAUP and the applicable agreement between Customer and Iplus (“Agreement”), the Agreement will prevail.
This MAUP applies to anyone who uses Medexis, including without limitation any third party permitted by the Customer to use or access Medexis (‘End Users’). Customer is required to inform those End Users and shall be responsible for adherence of these End Users to this MAUP.
Iplus reserves the right to amend or modify this MAUP at any time by amending this Annex II. By using or accessing Medexis, Customer is agreeing to this MAUP and warrants it has advised its End Users of this MAUP accordingly.
Customer agrees not to use, or encourage, promote, facilitate or instruct others, including End Users, to use Medexis to:
- Commit or encourage fraudulent or other illegal activities in violation of any applicable law or regulation;
- Infringe or misappropriate any copyright, trademark or other intellectual property, proprietary right, license right, or legal content protections
- Use, store, share, host, copy, distribute, display, publish, transmit or send content that is or may be deemed offensive, inflammatory, hateful, defamatory, discriminatory, obscene, abusive, invasive of privacy, harmful to others, or otherwise objectionable
- Access or probe any network, computer or communications system network or computing device systems without authorization;
- Attack, abuse, interfere with, surreptitiously intercept, or disrupt any other users of Medexis;
- Distribute unwanted, unsolicited or harassing mass e-mail or other messages, promotions, advertising, or solicitations (“spam”)
- Alter, forge or obscure mail headers or assume a sender’s identity without the sender’s express permission, nor collect replies to messages sent from another internet service provider if those messages violate this MAUP;
- Disable, interfere with, abuse, disrupt, intercept, circumvent or otherwise violate the security of Medexis
Iplus has the right, but does not assume the obligation, to monitor and investigate violations of this MAUP. Failure to comply with or breach of this MAUP constitutes a material breach of the terms and conditions upon which Customer is permitted to use Medexis, and at any time, may result in Iplus taking any and all actions in its sole discretion, including with immediate effect:
- suspending or terminating access to Medexis;
- removing or prohibiting access to content that violates this MAUP;
- legal proceedings against Customer for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against Customer; and/or
- terminate the Agreement, notwithstanding a claim for damages;
- disclosure of such information to law enforcement authorities as Iplus reasonably feels is necessary or appropriate.