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Internet Social Media Site User Agreement

Internet Social Media Site User Agreement
Posted August 3, 2010

BY POSTING ON ANY BAYCARE HEALTH SYSTEM INTERNET SOCIAL MEDIA SITE YOU AGREE TO THE TERMS SET FORTH IN THIS INTERNET SOCIAL MEDIA SITE USER AGREEMENT ("AGREEMENT").

BayCare Health System, Inc. and its affiliated entities and related facilities (collectively, "BayCare") participate on the Internet with both internally and publicly facing web pages, including social networking sites for viewing content and/or videos and posting comments about BayCare. These Internet sites include but are not limited to various blogs, bulletin boards, networks, multi-media and news media sites or other user-generated content sites ("BayCare Internet Site").  By accessing, viewing and/or posting any content related directly or indirectly to BayCare on any BayCare Internet Site, you accept, without limitation or qualification, the following terms of use. If you do not agree to the terms of this Agreement, you may not view or post any content to any BayCare Internet Site.  By your use of any BayCare Internet Site you accept this Agreement and that it has the same effect as if you had actually physically signed the Agreement.

1. If you are a BayCare TEAM MEMBER you are expected to also adhere to BayCare's Social Media Policy.

2. You must be at least 18 years old to post any content on a BayCare Internet Site.

3. You are prohibited from posting any content that is proprietary, confidential or contains any personal health information (including patient images) on any BayCare Internet Site without appropriate written approval from BayCare and providing BayCare with all requested documentation.

4. Nothing here is intended as medical advice. Information posted here should not be used in place of professional clinical expertise. Therefore, by participating, you agree that BayCare shall not be responsible for information provided herein under any theory of liability or indemnity.

5. You are prohibited from using the BayCare Internet Site to provide medical advice or medical commentary by non-BayCare physicians, or to use the BayCare Internet Site to make, recommend or promote the services of any non-BayCare physicians.

6. As a guest posting content to a BayCare Internet Site, you agree that you will not: violate any local, state, federal and international laws, rules, or regulations, including but not limited to privacy, security, confidentiality, copyright and intellectual property rights laws regarding any content that you send or receive via any BayCare Internet Site; transmit any material (by uploading, posting, email or otherwise) that is unlawful, disruptive, threatening, profane, abusive, harassing, embarrassing, tortuous, defamatory, obscene, libelous, an invasion of another's privacy, hateful or racially, ethnically or otherwise objectionable as solely determined in BayCare's discretion; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships; transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising (including advertising of non-BayCare services or products), promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation; transmit any material (by uploading, posting, email or otherwise) that contains software viruses, worms, disabling code, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge and consent; or to share confidential or proprietary information of any party.

7. BayCare reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue access to any BayCare Internet Site, at any time, without notice and for any reason and in its sole discretion. BayCare may remove, delete, block, filter or restrict by any other means any materials in BayCare's sole discretion. As a public forum, you understand and agree that BayCare may disclose your communications and activities with BayCare for any and all reasons, including, but not limited to: in response to lawful requests by governmental authorities, including Patriot Act requests, judicial orders, warrants or subpoenas, or for the protection of BayCare rights. You agree that in the event that BayCare exercises any of its rights hereunder for any reason, BayCare will have no liability to you.

8. By posting content on a BayCare Internet Site, you recognize that the forum is public and that the posted information becomes public.

9. You shall defend, indemnify, and hold BayCare and its respective officers, directors, employees, contractors, agents, successors and assigns harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys' fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your posting of any content to a BayCare Internet Site, any third party claims of infringement or any breach of this Agreement.

10. YOU EXPRESSLY ACKNOWLEDGE THAT YOU ASSUME ALL RESPONSIBILITY RELATED TO THE SECURITY, PRIVACY, AND CONFIDENTIALITY RISKS INHERENT IN SENDING ANY CONTENT OVER THE INTERNET.  By its very nature, a website and the Internet cannot be absolutely protected against intentional or malicious intrusion attempts. BayCare does not control the third party sites and the Internet over which you may choose to send confidential personal or health information or other content and, therefore, BayCare does not warrant any safeguard against any such interceptions or compromises to your information. When posting any content on an Internet site, you should think carefully about your own privacy in disclosing detailed or private information about yourself and your family.

11. FURTHERMORE, BAYCARE DOES NOT ENDORSE ANY PRODUCT, SERVICE, VIEWS OR CONTENT DISPLAYED ON THE BAYCARE INTERNET SITE.

12. This Agreement and your use of any BayCare Internet Site shall be governed by, and construed in accordance with, the laws of the State of Florida, exclusive of its choice of law rules.  All disputes directly or indirectly related to this Agreement or any BayCare Internet Site shall be litigated solely in the state and federal courts sitting in the County of Pinellas in the State of Florida and no other place, and you hereby agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts.

13. You may not provide any content to a BayCare Internet Site that contains any product or service endorsements or any content that may be construed as political lobbying, solicitations or contributions or use the BayCare Internet Site to link to any sites or political candidates or parties or use the BayCare Internet Site to discuss political campaigns, issues or for taking a position on any legislation or law.

14. ANY BAYCARE INTERNET SITE, INCLUDING ANY SITE CONTENT OR OTHER INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.  BAYCARE AND ANY THIRD PARTIES MENTIONED ON ANY BAYCARE INTERNET SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE BAYCARE INTERNET SITE OR ANY SITE CONTENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY BAYCARE INTERNET SITE OR ANY SITE CONTENT IS TO STOP USING THE BAYCARE INTERNET SITE AND/OR THE SITE CONTENT.

15. If you link to any BayCare Internet Site, you agree to comply with BayCare's following linking agreement:

BayCare Linking Agreement

Links may be text-based using the words, such as "BayCare Health System" or "BayCare.org" (the "Licensed Marks"). You may not use the BayCare logo as a link.  By linking, you acknowledge and agree that, other than as set forth herein all rights to the Licensed Marks, other BayCare marks, the content appearing on the BayCare site, and the design of the BayCare site belong to BayCare.

You may not create frames around BayCare's web pages or use other techniques that alter in any way the visual presentation or appearance of BayCare's website.

You must not misrepresent your relationship with BayCare or present false or misleading impressions about BayCare. No links to BayCare's website may be used in a manner that implies or suggests that BayCare approves or endorses you, your website or your goods and services. You may not use our logo on internal or external websites or on social networking sites such as MySpace, Facebook Twitter, or YouTube without BayCare's specific prior written authorization.

BayCare shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend BayCare against all claims arising out of or based upon your website.

No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

BayCare may at any time, in its sole discretion, without cause, terminate the license granted herein to use the Licensed Marks and your right to link to any pages on the BayCare website. In such event upon request, you agree to immediately remove all links to BayCare's website and to cease using the Licensed Marks.

16. THIS AGREEMENT MAY BE UPDATED AT ANY TIME WITHOUT NOTICE, AND EACH TIME A USER ACCESSES A BAYCARE INTERNET SITE, THE NEW AGREEMENT WILL GOVERN USAGE, EFFECTIVE UPON POSTING.  To remain in compliance, BayCare suggests that you review the Agreement, as well as the other website policies, at regular intervals.  By continuing to post any content after such new terms are posted, you accept and agree to any and all such modifications to this Agreement.

17. If you have any questions, please e-mail the BayCare eMarketing Department at social.media@baycare.org.



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