1. ACCEPTANCE OF TERMS

Healthline provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. Healthline is operated under contract by the Michigan Public Health Institute ("MPHI") and owned by the Michigan Department of Community Health ("MDCH"). You can review the most current version of the TOS at any time at: http://hline.localhealth.net/TOS.html. In addition, when using particular Healthline services, you and Healthline shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. By choosing to use the Healthline service, you indicate that you accept the terms of the TOS.

2. PURPOSE AND DESCRIPTION OF SERVICE

Healthline is an online service dedicated to the goal of protecting and improving the health of Michigan’s citizens by encouraging communication and the active exchange of knowledge, ideas, and information about public and community health. Healthline is a free service of its owner, MDCH and contracted operator MPHI. Healthline currently provides users with access to a rich collection of on-line resources, including email, online forums, teleconference areas, file libraries in various interfaces (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new interfaces, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Healthline assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.

Healthline’s email service is intended to support its above stated purpose. Personal use of a Healthline email account for purposes inconsistent with, or unrelated to Healthline’s purpose is not permitted. Users that require an email account for other purposes are requested to acquire one elsewhere (see your local Internet Service Provider, Yahoo, Hotmail, etc).

Because Healthline is supported by public funds, it should not be used for partisan political activity (in support or opposition to a particular candidate, elected official, or political party) or lobbying (to directly influence elected officials to support or oppose specific legislation or policy).

In order to use the Service, you must obtain access to the Internet or dial in to the Healthline modem pool. There is no toll-free dial-up access to the service. Any long distance charges, LATA or inter-LATA calling charges, line fees, and other telephone company fees will be solely your responsibility. You are cautioned for your own benefit to check with your phone company to find out if you will be incurring long-distance charges prior to using the Healthline dial-up service. You may access the Internet via a third-party Internet Service Provider (ISP) with a modem or dedicated connection. Any ISP fees, including modem access fees, per-hour charges, dedicated line fees and others will be your responsibility. Healthline is not liable for any violations you make of your local ISP’s rules or terms of service.

You must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Healthline has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Healthline has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Those with interest in public health may be granted full, limited, or no access to the service at the discretion of Healthline’s operators. Healthline reserves the right to deny service to any person at any time for any reason with or without notice. Healthline’s operators screen all applications for Healthline access, and may require verification of the information submitted for any reason. Failure to provide verification of registration data if requested will result in denial of access.

Healthline is concerned about the safety and privacy of all its users, particularly minors. Healthline understands that occasionally students and other minors request to use Healthline as a resource for educational purposes. These minors will be permitted limited access to the service. It is the minor’s responsibility to gain the permission of a parent or guardian to use the Internet and the Healthline system. Please remember that the Service is designed for adults working in the public health community. Content which is posted may be considered objectionable. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child.

4. HEALTHLINE PRIVACY POLICY

Because of Healthline’s public nature, and in order to protect the service from misuse, abuse, or attack, there is no right of privacy. By using the Healthline service all users agree to these Terms of Service and consent to Healthline’s owners and operators reviewing any and all communications and transmissions for any reason with or without notice. The use of the system account and password does not in any way imply a right of privacy, or the security of any message or communication.

Some personal information is gathered when you register. During registration, Healthline asks for your name, address, zip code, company name, and phone number. You are sharing that information with Healthline alone, and no Healthline owner or operator will sell, lease, or release that information to any other party. However, Healthline may disclose account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating Healthline’s Terms of Service or may be causing injury to or interference with (either intentionally or unintentionally) Healthline’s rights or property, other Healthline users, or anyone else that could be harmed by such activities. Healthline may disclose or access account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our products and services.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will have created a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Healthline of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Healthline cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. We recommend that you do not divulge your password to anyone. Healthline will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also remember to sign out of your Healthline account when you are not using it. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a health department or school. Please keep in mind that whenever you voluntarily disclose personal information online - for example on message boards, through email, or in chat areas - that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.

Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you're online.

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Healthline, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Healthline does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that while it is not our intention, by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Healthline be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

You agree to not use the Service to:

You acknowledge that Healthline and its designees shall have the right (but not the obligation) in their sole discretion to refuse, remove, or move any Content that is available via the Service with or without notice. Without limiting the foregoing, Healthline and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable with or without notice. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Healthline or submitted to Healthline.

You acknowledge and agree that Healthline may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Healthline, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable local, state, federal and international laws regarding the transmission of technical data exported from the United States or the country in which you reside.

8. PUBLIC CONTENT POSTED TO HEALTHLINE

(a) For purposes of the TOS, "publicly accessible areas of the Service" are those accessible by any class or group of Healthline user.

(b) With respect to Content you elect to post for inclusion in publicly accessible areas of Healthline or that consists of photos or other graphics you elect to post, you grant Healthline the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.

(c) With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant Healthline the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

9. INDEMNITY

You agree to indemnify and hold Healthline, MPHI, MDCH, and their subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

10. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

11. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Healthline may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Healthline's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Healthline has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Healthline reserves and regularly exercises the right to log off accounts that are inactive for a period of time. You acknowledge that in order to run a reliable service, Healthline staff will run backups of the entire Healthline system at whatever intervals staff deems necessary. These backups will contain copies of all data on the system, including emails and forum postings. You further acknowledge that Healthline reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

12. MODIFICATIONS TO SERVICE

Healthline reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Healthline is not staffed outside of regular business hours. Healthline staff will make every effort to ensure continuous operations, however outages can and will occur. You agree that Healthline shall not be liable to you or to any third party for any modification, suspension, outage or discontinuance of the Service.

13. TERMINATION

You agree that Healthline, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason or no reason, including, without limitation, for lack of use or if Healthline believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Healthline may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Healthline may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Healthline shall not be liable to you or any third-party for any termination of your access to the Service.

14. DEALINGS WITH HEALTHLINE PARTICIPANTS

Your correspondence with associates found on or through the Service are solely between you and such associate. You agree that Healthline shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such associates on the Service.

15. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Healthline has no control over such sites and resources, you acknowledge and agree that Healthline is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Healthline shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

16. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

17. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HEALTHLINE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HEALTHLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

18. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

19. NOTICE

Notices to you may be made via either email, regular mail, postings in the "general" or "bulletin" forum areas or in a logon screen announcement. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

20. COPYRIGHTS and COPYRIGHT AGENTS

Healthline respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Healthline the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Send this information to:

21. GENERAL INFORMATION

The TOS constitute the entire agreement between you and Healthline and govern your use of the Service, superceding any prior agreements between you and Healthline. The TOS and the relationship between you and Healthline shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You and Healthline agree to submit to binding arbitration by a mutually selected third party in the event of a dispute. The failure of Healthline to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by an arbiter or court of competent jurisdiction to be invalid, the parties nevertheless agree that the court or arbiter should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

22. VIOLATIONS

Please report any violations of the TOS to: