Therapy Partner Acceptable Use Policy
Updated: March 04, 2020
This Acceptable Use Policy (“AUP”) is published by TPC Acquisition, LLC dba Therapy Partner (“Therapy Partner”) in an effort to provide Therapy Partner users with a safe and secure system by enforcing acceptable, legal and compliant use of all Therapy Partner’s products. All users of Therapy Partner’s services ("Services"), those who access some of Therapy Partner’s Services but do not have accounts ("Visitors"), those who access Therapy Partner Client Portals (“Clients”), as well as those who subscribe to free Services (“Unpaid Practitioners”) and those who pay a monthly service fee to subscribe to the Services ("Paid Practitioners")- must comply with this AUP. Clients, Unpaid Practitioners, and Paid Practitioners are collectively (“Users” or “User”). The following terms supplement any and all agreements between Users and Therapy Partner and apply to your use of and access to any Therapy Partner owned or operated website, Interactive Voice Response system, as well as any and all data transmissions including but not limited to http request, email network or other unspecified system of data storage or transmission provided by Therapy Partner.
Users are independently responsible for complying with all applicable laws in all transactions or actions related to Users use of the Services, regardless of the purpose of the use. All Users certify that they will not utilize the Service in any way that would result in the violation of any data privacy or other requirement of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and their implementing regulations set forth at 45 C.F.R. Parts 160 and Part 164 (collectively the “HIPAA Rules”), or any other applicable international, federal, state, and local laws and regulations, regardless of whether the Users have opted-in to a Business Associate Agreement with Therapy Partner.
By accessing or using the Services, Users agree to abide by any and all rules set forth in this policy, as Therapy Partner may modify them from time to time, including any action Therapy Partner may take, within our sole discretion, for any use that Therapy Partner deems unacceptable.
In accordance with our Terms of Service, Therapy Partner may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Therapy Partner may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. If you do not agree to accept and comply with the AUP, do not access or use Therapy Partner.
Users may access and use Therapy Partner only in a HIPAA compliant manner and only for lawful purposes. Users are responsible for any transmission they send, receive, post, access, or store via Therapy Partner or a third party integrated with Therapy Partner, including the content of any communication. Transmitting, distributing, or storing any material that violates any applicable law is prohibited. Additionally, the following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited and constitute a violation of this AUP:
- Illegal use: Using the Services to transmit any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations there under.
- Illegal Sales: Using the Services in conjunction with the sale of (i) narcotics, steroids, certain controlled substances or other products that present risk to consumer safety; (ii) drug paraphernalia; (iii) tobacco products; (iv) prescription drugs and devices in violation of applicable laws or industry regulations; (v) items that encourage, promote, facilitate or instruct others to engage in illegal activity; items that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (vi) items that are considered obscene; (vii) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (viii) certain sexually oriented materials or services; or (ix) certain firearms, firearm parts or accessories, ammunition, weapons or knives.
- Fraudulent Conduct/Activity: Offering or disseminating fraudulent goods, services, schemes, promotions or similar fraudulent activities (e.g., make-money-fast schemes, chain letters, and pyramid schemes). Sending or receiving what Therapy Partner reasonably believes or would reasonably believe to be fraudulent funds;
- Payment Processing Violation: Use of an account or the Service in violation of the Payment Card Industry Data Security Standards (PCI DSS), the NACHA ACH Rules, the individual card brand merchant processing rules, or any other industry compliance or federal, state or local law or regulation regarding payment processing. This includes but is not limited to processing transactions without obtaining proper authorization and utilizing the Services to test credit card or bank account behaviors.
- Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.
- Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable as determined by Therapy Partner.
- Harassment: Use of an account or the Service to send harassing or threatening messages.
- Export Violations: Including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.
- Failure to Abide by Third-Party Website Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access via the Services.
- Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.
- Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person, company, or other entity, or attempting to imply unauthorized affiliation with any person, company, or other entity by using forged headers or other identifying information is prohibited.
Unsolicited email (Spam): Using the Service to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email, or unsolicited bulk email whether or not that email is commercial in nature, are prohibited.
For purposes of this AUP, an e-mail message shall be deemed to be unsolicited if (i) it is sent to a recipient (a) who has not expressly requested or invited it, (b) with whom the sender does not have an existing personal or business relationship, or (c) who has requested that the sender not send it any further e-mail messages or (ii) such e-mail message is considered to be unsolicited under any applicable local, state, or federal law or regulation. In addition, Users are prohibited from using the services or network of another provider to send spam or to promote a site hosted on or connected with Therapy Partner's Services or network.
Unauthorized Messaging: Using the Service to transmit any unauthorized messaging to consumers via email, SMS text, phone or any other method is prohibited. For purposes of this AUP, a Service-transmitted message shall be deemed to be unauthorized if the recipient has not provided explicit permission to the User to send such messages to a specific email address, mobile phone number or landline number.
Additionally, using the Service to transmit any message containing Protected Health Information (as defined by the HIPAA Rules) is prohibited, unless the consumer has explicitly opted-in to receiving such messages.
Further, User is prohibited from utilizing the Service in any way that violates the HIPAA Rules, the California Consumer Protection Act (CCPA), the Telephone Consumer Protection Act (TCPA), the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act, or any other local, state, or federal laws or regulations.
- Autodialed calls: Using the Service to initiate autodialed calls for which you have not received explicit opt-in permission from the call recipient stating that they are willing to receive autodialed calls to the specific numbers utilized with the autodial feature.
- Unauthorized access: Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Therapy Partner's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data. Providing a Therapy Partner Username and/or Password to anyone other than the officially registered owner of said Username and Password and/or accessing the Therapy Partner System using a password not specifically issued to you.
- Servicing Children: Using the Service to collect, or attempt to collect, personal information about children under the age of 18 without permission from an authorized parent or legal guardian. Providing access to a Client Portal to children under the age of 18 without permission from an authorized parent or legal guardian. Using the Service to message or otherwise contact children under the age of 18 without permission from an authorized parent or legal guardian.
- Collection of personal data: Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent, including but not limited to data collection that violates any portion of the HIPAA Rules.
- Collection & Storage of Financial Account Information: Using the services to collect and/or store financial information of any kind, including but not limited to cardholder data (i.e. credit card numbers, expiration dates, CVV numbers) and bank account routing and account numbers, in any field not specifically designated for this information.
- Display of personal data: Using the Services in a manner that displays the personal information of third parties in violation of applicable law, including but not limited to data collection that violates any portion of the HIPAA Rules.
- Reselling the services: Reselling the Services without Therapy Partner's authorization.
- Network disruptions and unfriendly activity: Using the Services for any activity which adversely affects the ability of other people or systems to use Therapy Partner or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the User's responsibility to ensure that their network is configured in a secure manner. A User may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A User may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
- Abusing system functions: Using the system in a manner that exposes or may expose Therapy Partner, its customers, partners, or vendors, or any other person or entity using the Therapy Partner Sites or Service to abuse, complaints, retaliation, connectivity issues, or other negative impact.
REPORTING VIOLATIONS OF THERAPY PARTNER'S AUP
Any violations or potential violations to this AUP may be reported to [email protected].
If available, please provide the following information: the IP address used to commit the alleged violation; The date and time of the alleged violation, including the time zone or offset from GMT; Evidence of the alleged violation.
THERAPY PARTNER RESPONSE TO REPORTS OF ABUSE
Therapy Partner takes abuse of its systems very seriously, and will investigate all complaints it receives and take appropriate action where warranted. However, note that remedies to abuse reports are made at Therapy Partner’s sole discretion. Receipt of a complaint is no guarantee that Therapy Partner will take the action requested, or that Therapy Partner will take any action at all.
In the event Therapy Partner decides to take action, the following are some, but not all, possible responses to complaints:
- Issue warnings: written or verbal
- Remove any content found to be in violation of this AUP
- Suspend the User's account
- Terminate the User's account
- Bill the User for administrative costs and/or reactivation charges
- Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations
Therapy Partner may involve or cooperate with law enforcement authorities if criminal activity is suspected. In addition, Users who violate this AUP may be subject to civil or criminal liability. Therapy Partner shall not be liable for any damages suffered by any User, or third party resulting directly or indirectly from any actions taken by Therapy Partner pursuant to this AUP.
REVISIONS TO THIS ACCEPTABLE USE POLICY
Therapy Partner reserves the right to revise, amend, or modify this AUP, our Terms of Service and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted at the top of this AUP page, and shall be effective when posted.