This Policy does not apply to any services or products provided by Highland Solutions under separate express agreement between a customer and Highland Solutions, and the HS Website does not include any application, website, software, or other services hosted by Highland Solutions specifically for a given customer under a separate agreement.
You agree to this Policy by displaying, using or accessing the HS Website, by providing or submitting any information or materials to the HS Website (or to Highland Solutions in response to the Website), or by allowing or authorizing any person to do any of the same on your behalf or for your benefit. If you do not agree with this Policy, please do not use, or authorize another on your behalf to use, the HS Website or any such services or features and do not submit any information to the HS Website. Questions and concerns regarding this Policy should be directed by e-mail to email@example.com.
Highland Solutions respects your privacy. Any information you give us is held with care and security, and will only be used as described in this Policy or otherwise with your consent.
In order to receive information about Highland Solutions’ products and services, to participate in product demonstrations, or otherwise to access certain features or services on the HS Website, you may be required to first create an account and/or complete one or several forms. During this process (and possibly thereafter) you may be asked to give your name, a contact telephone number, a password, business address, e-mail address, your business name, and other contact or pertinent information. Highland Solutions may also ask for other information required to provide a particular service or respond to a particular request, such as your current business size, your interest in a particular product or service, your current IT needs and capabilities, and other relevant information. Information may also be collected by your presence on the HS Website, even if you have not registered or subscribed.
Generally, this information falls into one of three categories: (1) "Personal Information," such as your name and e-mail address, which can be used to personally identify or contact you (or to confirm your identity in the case of user IDs and passwords), (2) "Usage Information" such as your IP address, click patterns on the HS Website, opinions, reviews, responses, questions, or other matter you have posted or submitted, and other information indicative of or arising out of your use of the HS Website, and (3) "Anonymous Information" which is extracted from Personal Information and Usage Information and then aggregated across users to determine the demographics, habits, preferences, or statistical characteristics of the HS Website users, but which cannot be used to identify you or your specific usage history.
How Each Type of Information Is Used
Highland Solutions will use your Personal Information as follows: (1) to regulate access to the HS Website and its features and services; (2) to personalize and enhance your experience when visiting the HS Website; (3) to promote to you Highland Solutions or our partners’ and affiliates’ products or services (including contacting you by e-mail or postal mail) provided that you may opt-out of receiving promotions from us through various mechanisms we provide (for example, an unsubscribe link at the bottom of newsletters and promotional emails); (4) to notify our partners and affiliates of your interest in their products or services to the extent you have indicated such an interest (including enabling them to contact you by e-mail or postal mail), provided that you may generally opt-out through various mechanisms (for example, an unsubscribe link at the bottom of newsletters and promotional emails), and (5) for other internal or administrative purposes consistent with our mission of providing our users and customers with the highest quality experience in a secure manner, including contacting you about critical updates to the HS Website or the products or services you purchase or use.
We will use your Usage Information for the purposes indicated or evident at the time such information is submitted, to respond to your inquiries or requests, to target our promotional efforts to assure that you receive the most relevant information and promotions possible, and to otherwise support and optimize your use of the HS Website and your relationship with Highland Solutions.
We will use Anonymous Information to optimize our marketing and product development efforts (such as keyword advertising purchases and search engine optimization), to determine the success of our marketing campaigns, to provide anonymous demographic information to affiliates, advertisers and partners, and other relevant commercial purposes which do not identify you individually. We may also provide Anonymous Information to our affiliates, advertisers and partners so that they may track the success of their advertising and promotional efforts, for example, to determine the demographic attributes and use preferences of visitors to pages in the HS Website that feature their products or services.
Except as expressly stated herein or at the time information is collected, Highland Solutions does not sell or rent its customer information and contact lists to third parties.
Highland Solutions may use third party providers and subcontractors to respond to your requests, to support features and services offered on the HS Website, and for internal, administrative, and tracking purposes. Service through these providers may necessarily include providing them with some or all of your Personal Information and Usage Information, but we will use diligent efforts to restrict use of this information by these third parties to the specific purpose for which the third party has been engaged. Additionally, Highland Solutions may share your information with parents and affiliates under its control or common control, subject to the same restrictions described in this Policy.
In addition, Highland Solutions specifically reserves the right, to the maximum extent permitted by law, to use or disclose any information (a) for the purposes of enforcing our user agreements, use policies and the like or (b) when requested by law enforcement agencies (whether or not under subpoena), if we reasonably suspect a violation of our user agreements or use policies or any applicable law.
Security: How Information is Stored
Highland Solutions uses reasonable and appropriate technical and organizational security measures to protect against the loss, misuse and alteration of user data under our control. For example, we impose strict rules on Highland Solutions employees who have access either to the databases that store user information or to the servers that host our services. While we cannot guarantee that loss, misuse or alteration of data will not occur, we make diligent efforts to prevent such unfortunate occurrences.
Please note that information or data (including Usage Information) cannot practicably be stored in a manner which is payment card industry (PCI) or HIPAA (healthcare patient confidentiality and security) compliant. Accordingly, other than information which we specifically request be provided in a secure manner, we do not recommend that you post, upload, provide, or store any sensitive financial, payment, or personal information, and we cannot be responsible in any manner if you do so.
Additionally, we strongly recommend that you keep all of your user information, such as account IDs, passwords, and other sensitive information secret and not disclose such information to anyone else. We cannot be responsible for any use of this information should you disclose it to anyone else, or for the use or distribution of any of your information or data stored with the HS Website if it is obtained via use of your account ID or password. Please note that Highland Solutions will never e-mail you to "phish" for (attempt to convince you to disclose) your username or password or any financial information via e-mail.
Use of "Cookies," Web Beacons, and Log Files
Similarly, Highland Solutions, its advertisers, subcontractors, and other partners may also use "web beacons" (small image files which are used to track presence on web pages and surfing patterns) in a similar fashion to cookies, except that web beacons do not store any personal information on your computer. We may also use web beacons or similar technology to track clicks from our newsletters and the like.
Finally, servers owned or controlled by Highland Solutions will log each website visitors' IP address, browser type, operating system, referring and exiting URLs, and other statistical and technical information. Except for user policy, agreement, and law enforcement purposes, Highland Solutions will treat this as Anonymous Information.
Posted Information and Use of Community Features
Although it is probably obvious, to the extent you submit or post any content to the HS Website (or any material which by its nature appears to be intended to be published or posted) or participate in any interactive, discussion, blog, forum, or community feature on the HS Website, all of the information contained in your submission or communications will likely become published public information on the HS Website and possibly published by our affiliates or partners, and Highland Solutions will not have any control over the use of such information by users and third parties with access to that information. Highland Solutions reserves the right to edit or use all of such information at its discretion without restriction.
Additional privacy policies and other terms may apply to use of any community or interactive feature or service available through the HS Website or otherwise provided by Highland Solutions. Please check the pages containing those features and services for more information.
Users may receive one or several of our various newsletters. You may cancel your newsletter subscription at any time by clicking the “unsubscribe” link on the email newsletter, or by sending notice to [firstname.lastname@example.org]. Please note that it may take several weeks for your unsubscribe e-mail to be processed, but using the unsubscribe link in a newsletter generally results in prompt processing.
Please note that all information and material collected or provided, in any manner and of whatever nature, may be transferred or assigned by Highland Solutions in conjunction with a merger or the sale of all or a portion of the Highland Solutions business (or similar event).
Links to Other Websites
The HS Website contains links to third party websites and advertisements leading to promotions of third party products and services outside of our control. Highland Solutions is not responsible for the privacy practices of such other websites or promotions. We encourage our users to be aware when they leave our website and to read the privacy statements of each website that collects personally identifiable information. This Policy applies solely to information collected by the HS Website and other websites operated or controlled by Highland Solutions, and not any third party website.
The HS Website and the functions and features we offer are not intended for use by children or minors. We ask that children and minors not use the website.
Highland Solutions reserves the right to reasonably modify this Policy at any time by publication on the HS Website, by notice through email, or by other reasonable notification means. All such modifications will be binding on all users. If you are concerned, please check back periodically to review the current Policy. If you do not agree with any such changes, or if you no longer wish to be subject to this Policy, you may contact Highland Solutions (see above and also the Terms of Website Use), and Highland Solutions will use diligent efforts to delete your Personal Information, which may disable your ability to access the HS Website or certain functions or features thereof.
Highland Solutions' liability from or arising out of this Policy or any breach thereof shall be, regardless of theory of liability or cause of action, limited to direct damages, shall not exceed US$100.00 under any circumstance, and is also subject to any general limits of liability stated in the Highland Solutions Terms of Website Use
These Terms of Website Use (this “Agreement”) apply to all users, customers and visitors (usually referred to as "you," or “user,” below) of the website accessible at http://www.highlandsolutions.com, and any other website (all of the foregoing, collectively, the "HS Website") operated or owned by Highland Group, Inc. DBA Highland Solutions and/or HS Data Service LLC (collectively, "we" or "Highland Solutions"), unless contrary or additional terms or provisions are expressly stated to apply at such other websites or with respect to a given web page or feature.
This Agreement does not apply to any services or products provided by Highland Solutions under separate express agreement between a customer and Highland Solutions, and the HS Website does not include any application, website, software, or other services hosted by Highland Solutions specifically for a given customer under a separate agreement.
You agree to this Agreement by displaying, using or accessing the HS Website, by providing or submitting any information or materials to the HS Website (or to Highland Solutions in response to the Website), or by allowing or authorizing any person to do any of the same on your behalf or for your benefit. If you do not agree with this Agreement, please do not use, or authorize another on your behalf to use, the HS Website or any such services or features. Questions and concerns regarding this Agreement should be directed by e-mail to email@example.com.
MODIFICATION OF THIS AGREEMENT
Highland Solutions reserves the right to, and you agree that Highland Solutions may, change the terms, conditions, and notices under which the HS Website is offered from time to time, including but not limited to any fees or charges associated with the use of the HS Website. Please check back periodically if you wish to monitor any changes to this Agreement.
WEBSITE OPERATOR CONTACT: firstname.lastname@example.org
NO UNLAWFUL OR PROHIBITED USE
You represent, covenant, and warrant to Highland Solutions that you will not use the HS Website (a) for any purpose that is unlawful, impairs, infringes, or violates the rights of any other person, or is prohibited by this Agreement, (b) in any manner to deceive, harass, or injure any other person, or (c) by mobile browsing device while operating a motor vehicle to the extent prohibited by any competent jurisdiction. You may not use the HS Website in any manner that, in our reasonable judgment, adversely affects the performance or function of the HS Website or any other computer systems used by Highland Solutions, or which could damage, disable, overburden, or impair the HS Website or interfere with any other party's use and enjoyment of the HS Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the HS Websites or gain unauthorized access to any account or to any Highland Solutions equipment, databases or network. You may not upload or transmit, or use, any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere, or intercept the normal operation of the HS Website or any user equipment.
Any violation of the letter or spirit of this Agreement, or any other rule, policy, restriction or limitation set forth on the HS Website, is grounds for immediate termination of access, posting, or use privileges in Highland Solutions’ sole discretion. Without limitation to any other reason for which Highland Solutions may terminate your rights to access or use the HS Website, Highland Solutions may terminate the same if Highland Solutions suspects any fraudulent activity, which may include but is not limited to: (a) use of the HS Website for any purpose other than private, internal, non-commercial purposes; (b) entering invalid or apparently invalid user information (such as anonymous "Hotmail" e-mail accounts); (c) attempting to register for free, trial, or promotional offers under several aliases or with different user information to circumvent any one-user or time limitations; or (d) posting or submitting any opinion, communication, or other content that may indicate that you are affiliated with or related to any competitor, advertiser, sponsor, or person the subject of any such opinion or content, or a competitor thereof, or are otherwise making non-commercial or non-internal use of the HS Website.
HS WEBSITE CONTENT
Except as expressly provided herein or permitted in a written agreement between you and Highland Solutions, no materials or content available on the HS Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Materials which you may be permitted to use (if any) do not include the design or layout of the HS Website or any proprietary materials of any third party, including the trademarks of any sponsors. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the HS Website in a manner that sends more request messages to the HS Website servers in a given period of time than a human would produce in the same period by using a conventional web browser. Highland Solutions allows the operators of bona fide public search engines to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials which prominently link back to the Highland Solutions source, but not caches or archives of such materials, nor for redisplay on any website or other publication except a bona fide search engine, as determined in our reasonable discretion. Highland Solutions reserves the right to revoke these exceptions either generally or in specific cases, depending on the nature of use. You agree not to collect or harvest any personally identifiable information from the HS Website, nor to use any communication systems provided by the HS Website for any commercial solicitation purposes. Except as expressly allowed by a written agreement between you and Highland Solutions, you may not frame or otherwise redisplay or redistribute any HS Website content in any manner whatsoever. You may not circumvent, disable or otherwise interfere with security related features of the HS Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the HS Website or the content therein.
LINKS TO AND FROM THIRD PARTY SITES
The HS Website may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of Highland Solutions and Highland Solutions is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The inclusion of any link does not imply endorsement by Highland Solutions of the site or any association with its operators. Highland Solutions reserves the right to refuse hypertext links from or to other websites at our sole discretion.
COMMUNICATIONS WITH HIGHLAND SOLUTIONS; SUBMISSIONS
USE OF COMMUNICATION SERVICES
The HS Website may contain chat areas, forums, communities, and/or other message or communication facilities designed to enable you to communicate with Highland Solutions, the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Violate any applicable laws or regulations.
Highland Solutions has no obligation to monitor the Communication Services. However, Highland Solutions reserves the right to review materials posted to a Communication Service and to edit or remove any materials in its sole discretion. Highland Solutions reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Highland Solutions reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. Highland Solutions does not control or endorse the content, messages or information found in any Communication Service and, therefore, Highland Solutions specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS POSTED AT ANY HS WEBSITE
Except as otherwise stated herein, Highland Solutions does not claim ownership of the materials you post, upload, input or submit to the HS Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Highland Solutions, its affiliated companies and sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. Highland Solutions is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Highland Solutions' sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
HIGHLAND SOLUTIONS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES CONTAINED ON THE HS WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HIGHLAND SOLUTIONS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HIGHLAND SOLUTIONS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE HS WEBSITE, WITH THE DELAY OR INABILITY TO USE THE HS WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE HS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE HS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HIGHLAND SOLUTIONS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HS WEBSITE, OR WITH ANY OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HS WEBSITE.
You may not assert against Highland Solutions any claim in connection with the HS Website or any Highland Solutions feature or service unless you have given Highland Solutions written notice of the claim within 30 days after you knew or should have known of the facts giving rise to such claim.
Highland Solutions reserves the right, in its sole discretion, to terminate your access to the HS Website and the related services or any portion thereof at any time, without notice.
This Agreement is governed by the laws of the State of Illinois, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Cook County, Illinois, U.S.A. in all disputes arising out of or relating to the use of the HS Website. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between HS Website users and Highland Solutions with respect to the HS Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Highland Solutions with respect to the HS Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES; OTHER PROPRIETARY RIGHTS:
Highland Solutions and its licensors hold and reserve all right, title and interest (including patent, trademark, and copyright) to all content available on the HS Website (subject to the terms hereof). Elements of the HS Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, video or image from the HS Website may be copied or retransmitted unless expressly permitted by Highland Solutions.
Unless otherwise expressly provided herein or on the HS Website, you may not, without the express prior written consent of Highland Solutions: (a) copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the HS Website in any form whatsoever; (b) reproduce HS Website content on any other website (whether framed, mirrored or otherwise and whether or not Highland Solutions is attributed as the owner); (c) modify, translate into any language or computer language, or create derivative works from, any content or any part of the HS Website; (d) reverse engineer any part of the HS Website or any software made available by Highland Solutions; or (e) disguise the origin of the information available on or through the HS Website.
Highland Solutions owns or licenses the images and photographic material on the HS Website, and such images may not be reused for any purpose or in any manner without Highland Solutions’ express prior written consent.
All contents of the HS Website are: Copyright 1999-2017 by Highland Solutions and/or its suppliers. All rights reserved.
Highland Solutions owns, among other marks, the trademarks and service marks HIGHLAND SOLUTIONS, HS DATA SERVICE, and the HS logo. The names of other actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
Acceptable Use Policy
This Acceptable Use Policy ("AUP") is intended to provide Clients a clear understanding of conduct which is acceptable (and permissible) and conduct which is unacceptable (and impermissible) in relation to the use of the software-as-a-service, web applications, and other applications, processes, or services ("Services") hosted or otherwise made accessible by Highland Solutions (defined below), whether provided by Highland Solutions to Client in connection with a Master Services Agreement, Service Order(s) and/or Statement(s) of Work (any of the foregoing, a “Direct Agreement”), or otherwise. Any access or use of any Services constitutes acceptance and agreement to this AUP.
To the extent Client uses, distributes, passes through, or allows any person to use or access the Services, Client is responsible for its conduct in such use and the conduct of such other users, and Client shall insure that such users comply with this AUP. References in this AUP to the Client's use of Services includes (whether stated or not below) the use thereof by any person who uses or accesses Services through or on behalf of Client, with Client’s permission, or otherwise as a result of Client activity. Client shall be responsible and accountable for any activity by third parties using Client's account(s), login credentials, or otherwise accessing such Services through Client. Accordingly, except as expressly provided or clearly contemplated by a Direct Agreement, sharing any passwords or account access credentials with third parties, or any users not expressly authorized, is prohibited. Client hereby indemnifies, holds harmless, and shall defend Highland Solutions and its agents, officers, employees, and providers from any third party claims, damage, or loss (including attorneys fees and expenses) arising out of Client’s use of the Services.
As used herein: "Client" means the Client identified on the applicable Direct Agreement(s) for Services, or if no such Direct Agreement exists, the user of Services which holds a Highland Solutions client account or is otherwise primarily responsible for payment for such Services; and "Highland Solutions" means Highland Group, Inc. ("HGI"), its affiliate HS Data Service, LLC ("HSD"), or another affiliate of HGI or HSD, as indicated as providing the applicable Service(s) on a Direct Agreement or pursuant to such other arrangement.
Any violation of this AUP will be grounds for termination of the Services or applicable Direct Agreement, at Highland Solutions' sole discretion, and if such violation also constitutes a violation of law or the rights of any party, Client may be reported to appropriate law-enforcement agencies. Highland Solutions' failure to enforce this AUP, for whatever reason, shall not be construed as a waiver of its right to do so at any time.
Client shall, in use of the Services or in its activities relating to the Services: (i) abide by all applicable laws, rules, and regulations (including laws relating to patent, copyright, trademark, or trade secrets) relating to the use, posting, transmission, distribution, capture, download, and/or recording of voice, text, visual content, software, or other materials or content; and (ii) conform all usage of Services to applicable rules, laws, and regulations (which each Client takes sole responsibility for compliance with), pertaining to or regulating the use of telephone networks, mobile devices, text, SMS, and other messaging, and electronic mail (including anti-spamming laws and laws relating to transmission of unsolicited or bulk email communications).
Client shall not, and shall not allow any person to: (i) use the Services in any manner which violates the rights of any person or is illegal, fraudulent (including fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters"), deceptive, harassing, threatening (including which encourages bodily harm or destruction of property), harmful, libelous, defamatory, abusive, slanderous, hateful, sexually, racially or ethnically objectionable, vulgar, pornographic, obscene, invasive of privacy, or otherwise objectionable or unlawful, or create a false identity for the purpose of misleading others; (ii) access or attempt to access any information, documents or material that Client is not authorized to access through any means not intentionally made available through the Services, or attempt to gain unauthorized access to any account, the Highland Solutions network, or any related components; (iii) disrupt or interfere with the security of, or otherwise cause harm to, the Services, or any software, material, documents, systems resources, accounts, user identifications and credentials, passwords, servers or networks connected to or accessible through the Services, or submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any time bombs, Trojan Horses, viruses or worms; (iv) access or use any Highland Solutions server in any manner that could damage, disable, overburden or impair any Highland Solutions server or servers used by Highland Solutions, or interfere with or inhibit another's use and enjoyment of any Services (including "denial of service" attacks against another network host or individual user); or (v) use any robot, spider, or other such programmatic or automatic device, including but not limited to automated devices, to obtain information from any Highland Solutions server or otherwise monitor or copy any portion of the Services.
Except to the extent Highland Solutions has expressly agreed to provide HIPAA (as defined below) compliant Services pursuant to a Direct Agreement with Client, if Client is a "covered entity" or a "business associate" thereof, as each term is used under the Health Insurance Portability and Accountability Act of 1996 (as may be amended or replaced, "HIPAA") or are otherwise subject to any HIPAA, related, or similar legal requirement, Client is solely responsible to insure full compliance therewith, including without limitation those requirements codified at 42 U.S.C. and 1320 through d-8, and any regulations promulgated thereunder, including, without limitation, the federal privacy regulations contained in 45 C.F.R. Part 164, and the federal data security standards contained in 45 C.F.R. Part 142, and Client hereby indemnifies, holds harmless, and shall defend Highland Solutions from any claim, loss, damage, cost or expense (including without limitation legal fees and expenses, and any judgments or other damages) arising out of any claim under HIPAA or any related or similar legal requirements of any applicable jurisdiction.
Without limitation to the foregoing, the Services are not generally intended for use with “Protected Health Information” as defined under HIPAA (“PHI”) and no PHI should be input or stored in the Services, and only that portion of Services expressly implemented for the acquisition, transmission, processing, and/or storage of payment card information (as applicable), as expressly stated on a Direct Agreement, are compliant with Payment Card Industry (“PCI”) standards, and accordingly, no payment card information or other personal financial information should be input or stored in the Services.
Client accounts may operate on shared resources. Excessive use or abuse of these shared network resources by one Client may have a negative impact on all other clients. Highland Solutions may establish reasonable bandwidth usage limits, which Highland Solutions may modify from time to time, and Client shall abide by such reasonable limits. Absent such stated limits, Client shall not exceed reasonable bandwidth and resource usage amounts in relation to the intent of the applicable Direct Agreement and the fees paid thereunder. Misuse of network resources in a manner which impairs network performance is prohibited by this AUP and may result in burst or excess usage charges or fees, or in extreme cases, termination of Services.
Highland Solutions reserves the right to revise, amend, or modify this AUP at any time and in any manner, which modifications shall be effective as against Client upon publication thereof at this URL.