ACCEPTABLE USE POLICY FOR OUR GUEST WI-FI NETWORK

Authorized Use

Please read the terms and conditions of this Acceptable Use Policy (“Policy”) carefully before using the wireless Internet service (“Service”) provided by SIMEDHealth, LLC (“SIMEDHealth,” “we,” “us,” or “our”). We provide the Service as a courtesy to our patients, their families and visitors, visiting physicians and other business guests, and, in some cases, our employees (“you”), at our office locations. Your use of the Service must adhere to all policies, standards, and guidelines at all times, including this Policy and our Terms of Use (available on our website).

Acceptance

By indicating your acceptance of this Policy — either by clicking “I Agree” or by otherwise accessing the Service — you agree that you have read and accept the terms and conditions contained here.

Limited Employee Use

Our employees may use the Service if they access it using a personal device not provided by SIMEDHealth, and if that access is for personal use and not for work purposes. Employees may not use the Service from a device provided by SIMEDHealth or for work purposes unless approved in advance by management for a specific business need. If management approves an employee’s use of the Service for a business purpose, the employee is responsible for using it only for that approved purpose, and in a professional, ethical, and lawful manner consistent with SIMEDHealth’s Code of Conduct. Violations of this Policy could result in disciplinary action, up to and including termination.

Your Responsibilities

As a condition of using the Service, you agree to all of the following:

• You are solely responsible for any actions taken from your device, whether intentional or unintentional, that cause damage or otherwise affect other devices or users of the Service.
• You are responsible for your own device and for securing it before connecting to the Service.
• We recommend that your device run up-to-date security software and operating-system updates.
• You acknowledge that, by using the Service, your device may be exposed to malware, denial-of-service attacks, intrusions, packet-sniffing, or other abuses by third parties.
• You will not run programs, services, or processes that could degrade network performance or accessibility for other users, including by saturating network resources or overloading the network with data.
• You will not send email containing viruses or other malicious or damaging code, and will not send electronic chain letters, mail bombs, or similar communications.
• You will not connect to peer-to-peer file-sharing networks or download large files (such as movies, television programming, or disc images) over the Service.
• You will not attempt to circumvent or subvert any network security measures, or attempt to identify security loopholes, decrypt secured data, or gain unauthorized access to any system.
• You understand that wireless Internet access is inherently not secure. We strongly discourage conducting confidential transactions (such as online banking or entering payment card information) over the Service.
• You will use the Service only for lawful purposes and in a manner consistent with the rights of other users, and will not infringe any copyright, trademark, trade secret, publicity, or privacy right of any person or entity.
• You will not use the Service to access another person’s computer, account, files, or data without permission, and will not misrepresent your identity in any electronic communication.
• You will not use the Service to access, transmit, or store material that is pornographic, obscene, libelous, or defamatory, or that sexually exploits minors.
• You will not display material in our waiting rooms or other common areas that is obscene, sexually explicit, threatening, or harassing.
• If you violate applicable law while using the Service, you may be subject to prosecution by local, state, or federal authorities.

Monitoring and Privacy

When you use the Service, we and our network providers automatically collect technical information such as your device’s MAC address, device type, IP address, connection times, data usage, and the domains or websites accessed. We use this information to operate, secure, and troubleshoot the network, filter content, and enforce this Policy, and not for advertising. We may monitor and log network activity for these purposes, and by using the Service you consent to such monitoring. We may disclose this information as described in the Discretion section or as required by law.

Technical Support

We use reasonable efforts to provide technical support for the Service during normal business hours, excluding holidays. Technical support is offered as a courtesy and is not guaranteed.

Discretion

We have no control over information obtained through the Internet and are not responsible for the content or accuracy of any information you access using the Service. You understand that your use of the Service is at your own discretion. We reserve the right, but are not obligated, to remove, block, filter, or restrict any material we believe in our sole discretion may be illegal, may subject us to liability, or may violate this Policy. We may cooperate with legal authorities or third parties investigating a suspected crime or civil wrong, without notice to you. Violating this Policy may result in suspension or termination of your access to the Service, immediately and without prior notice.

Disclaimer

WE PROVIDE THE SERVICE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES RELATED TO THE SERVICE, INCLUDING AS TO ACCURACY, RELIABILITY, ACCESSIBILITY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION RECEIVED THROUGH THE SERVICE, OR AS TO THE AVAILABILITY OF THE SERVICE OR ANY SPECIFIC SPEED. WE DO NOT WARRANT THAT THE SERVICE WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS-FREE. YOU USE THE SERVICE, AND ANY INFORMATION OBTAINED THROUGH IT, AT YOUR OWN RISK.

Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless SIMEDHealth and its officers, directors, employees, and agents from third-party claims, losses, and reasonable expenses (including reasonable attorneys’ fees) arising directly from your unlawful use of the Service, your intentional misuse of the Service, or your material violation of this Policy. This section does not require you to indemnify any party for that party’s own negligence, misconduct, or violation of law.

Limitations

TO THE FULLEST EXTENT PERMITTED BY LAW, SIMEDHEALTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INCIDENTAL, CONSEQUENTIAL, OR LOST-PROFIT DAMAGES, REGARDLESS OF LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PORTION OF THIS PROVISION IS FOUND UNENFORCEABLE, OUR TOTAL LIABILITY WILL NOT EXCEED ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE FORM OF CLAIM.

You release SIMEDHealth from liability for loss of data or damage to your device or software resulting from your use of the Service. If the Service becomes unacceptable to you, your sole remedy is to stop using it.

This section does not apply to medical care, SIMEDHealth’s handling of protected health information, gross negligence, willful misconduct, or any liability that cannot lawfully be limited or waived.

Changes to the Service

We may change the Service, or any feature of it, at any time without notice. We may also revise this Policy at any time. Continued use of the Service after a revised Policy is posted constitutes acceptance of the revision. You are responsible for reviewing this Policy periodically.

Termination and Suspension

We may terminate the Service or your access to it at any time, with or without reason or notice.

Dispute Resolution

Any dispute arising from your use of the Service will be governed by the laws of the State of Florida, without regard to conflict-of-laws rules. You agree to negotiate any dispute in good faith. If no resolution is reached within thirty (30) days, either party may submit the dispute to non-binding mediation in Alachua County, Florida, with each party bearing its own costs and one-half of the mediator’s fee. Nothing in this section limits either party’s right to seek injunctive relief in court, or to bring suit if mediation does not resolve the dispute. Subject to any applicable law that requires a different forum, any court proceeding must be brought in a state court of competent jurisdiction located in Alachua County, Florida, or in the United States District Court for the Northern District of Florida.

Severability

If any provision of this Policy is held invalid, that provision will be ineffective only to the extent of the invalidity, and the remaining provisions will remain in full force and effect.

Electronic Agreement

You agree that this Policy may be presented and accepted electronically. You may print a copy of this Policy for your records.

Copyright Violations

If you believe the Service has been used to infringe your copyright, please contact our designated agent as described in the Copyright Violations section of our Terms of Use. We may terminate the access of users who repeatedly infringe the copyrights of others.