The Acceptable Use Policy as amended, modified or supplemented from time to time as set forth on Procare Software, LLC’s website, (“AUP”), is designed to (i) protect Procare’s Cloud Customers (“Customer”), Procare’s Products and Service, Procare’s Network, (ii) further compliance with all relevant laws and regulations, (iii) promote the security and availability of Procare’s Cloud Network and (iv) regulate and restrict the use of all products and services provided by Procare and Procare’s Network (“Services”).
This AUP applies to each user that subscribes for Procare Services (“Customers”), all users of Procare Services and all users that access or utilize Procare’s Cloud Services and Procare’s Network, whether or not such users are customers of Procare, including employees of our Customers. The term “User” as used in this AUP means both Customers and Third Party Users.
Customers are responsible for complying with this AUP and for violations attributable to their employees and users, whether authorized or not by a Customer or Procare. Customers must take all reasonable steps to ensure that their employees and users will comply with this AUP.
This AUP does not (a) obligate Procare to monitor, review, or police the data and content residing on Procare Networks or (b) create any obligation or duty of Procare to any party that is not a Customer, including, but not limited to, any Third Party User. Unless and until notified, Procare is not likely to be aware of any violations of this AUP or any violations of law. Procare expects all Customers and Users to notify us of any violations of law or violations of this AUP. Procare expressly disclaims any liability for the data and content transmitted through or intermediately, temporarily or permanently stored on Procare Networks or any server and for the actions of omission of Customers or Users.
Users shall not allow the posting, transmission, or storage of data or content on or through Procare Services, Procare Networks or its physical infrastructure which, in Procare’s sole determination, constitutes a violation of any federal, state, or local law, regulation, ordinance, court order or other legal process (“Applicable Law”). Users shall be responsible for determining which Applicable Laws are applicable to their use of Procare Services.
A User shall not knowingly use Procare Services or transmit over Procare Networks any material believed by Procare to constitute child pornography. In addition to any other actions it may take under this AUP, Procare reserves the right to cooperate fully with any criminal investigation of content located on a Server that constitutes alleged child pornography or an alleged violation of Applicable Law.
Customer’s Security Obligation
Customers must use reasonable care to ensure the security of all Procare Cloud sessions and Procare Networks.
- Keep usernames and passwords secure;
- Take reasonable steps in respect of matters in your control to minimize any risk of security breaches in connection with the Services;
- Notify Procare of any unauthorized access to your account which you believe may affect the overall security of your data or Procare systems.
Procare reserves the right to disconnect without refund or the provision of service credit any Customers which pose a potential or actual threat to Procare’s Services or Procare Networks as a result of a security compromise.
Users are prohibited from engaging in any activities that Procare determines, in its sole discretion, to constitute abuse, including, but not limited to, the following:
- Introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers.
- Causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
- Executing any form of network activity that will intercept data not intended for the Customer.
- Evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks.
- Interfering with or denying service to any user, host, or network other than the Customer’s host, such as a denial of service attack or distributed denial of service attack.
- Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information.
- Soliciting the performance of any illegal activity, even if the activity is not performed.
Violations of AUP
Procare may enforce this AUP, with or without notice to a User, by any action it deems reasonable, in its sole discretion. In addition to the remedial provisions provided elsewhere in this AUP, Procare may:
- Give the user reasonable time to correct the violation, if such violation (in Procare’s estimation) does not pose a risk of imminent harm.
- Disable access to a User’s content that violates this AUP.
- Suspend or Terminate a User’s access to Procare Services, Procare Network or its physical infrastructure.Take legal action against a User to enforce compliance with this AUP.
If there is a violation of this AUP direct the information to:
Procare Software, LLC
1125 17th St. Ste 1800
Denver, CO 80202
If any User uses Procare Services, Procare Network or its physical infrastructure in a manner that exposes Procare to potential liability, as reasonably determined by Procare, Procare may suspend permanently or terminate the access to Procare Services by such User.
The remedial actions set forth in this AUP shall not be construed in any way to limit the actions or remedies that Procare may take to enforce and ensure compliance with this AUP. Procare reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a User’s violation of this AUP. No refund or service credits will be issued for any interruption in service resulting from violations of this AUP.