General Access Agreement for the American Society for Surgery of the Hand Listservs
As a condition of initial and continuing access to its listservs, ASSH requires those members wishing to participate to accept and adhere to the terms of the following Access Agreement.
1. ASSH has made its listservs available to its members for the purpose of providing a forum for the discussion of issues relating to hand surgery. ASSH listserv e-mails may only be forwarded to qualified subscribers and ASSH staff.
2. Members must comply at all times with the Standards for Privacy of Individually Identifiable Health Information ("Privacy Rule") established by the U.S. Department of Health and Human Services to implement the requirements of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). Information posted on the ASSH Physician Member listserv will not be treated as confidential and, therefore, should not identify any patient by name or other identifying features, characteristics or any other individually identifiable Patient Health Information, as defined under the Privacy Rule. In fact, since any information posted on the listservs may be downloaded, reproduced, and disseminated without the knowledge of the sender(s), members should use extreme care when posting or sending such information.
3. Responses to discussion topics are not to be relied on as professional opinions or advice, and such responses are not intended to constitute practice guidelines or to supplant a physician's judgment with respect to particular patients or clinical situations.
4. Members should exercise both common sense and courtesy in the messages they transmit on the ASSH listservs and may not use the listservs to transmit defamatory, obscene, and otherwise offensive communications.
5. Members are prohibited from using the ASSH listservs to communicate with competitors about prices or terms of service, to exchange practice management or any other proprietary information with anyone involved in the management of physician practices, or otherwise communicate in a manner that may violate federal or state antitrust laws. For example, members should recognize that discussions concerning membership restrictions, codes of ethics, product standardization and certification may raise particular antitrust concern. The same rules against illegal agreements in restraint of trade that apply at members' meetings apply to Physician member listserv communications.
6. Members may not post or distribute files, articles or other information subject to trademark, copyright, or other proprietary rights, except with the express consent of the owner of the rights.
7. Members are prohibited from posting commercial messages advertising or selling goods or services.
8. Members must respect the security of the ASSH listservs and may not attempt to gain access to areas private to ASSH or its members.
9. Members are prohibited from using the ASSH listservs for any other purposes that may be illegal. For example, ASSH listservs may not be used to solicit or disseminate information having to do with, or to conduct any activity relating to, illegal drugs, pornography, gambling, spreading computer viruses, software infringement, trafficking in credit card codes, or other crimes.
10. The ASSH listservs may not be used in a manner that violates the bylaws or any other policies, procedures, rules or regulations of ASSH.
11. ASSH shall deny access to its listservs to any individual who has not agreed to the terms of this Access Agreement and reserves the right to terminate access to any member who does not abide by such terms.
Limitation of Liability and Indemnification
The views expressed on the ASSH listservs are those of the individual contributors. They do not and should not be construed as representing the views of ASSH. ASSH makes no warranty, guarantee, or representation as to the accuracy or sufficiency of the information posted on the ASSH listservs, whether posted by ASSH or any third party, and ASSH assumes no responsibility or liability regarding the use or misuse of such information for any purpose. ASSH disclaims any responsibility to maintain copies of any information posted on the ASSH listservs or to assure that such information is deleted. Unless specifically stated otherwise, ASSH does not endorse, approve, recommend, or certify any information, product, process, service or organization presented or mentioned on the ASSH listservs, and information from the ASSH listservs should not be referenced in any way to imply such approval or endorsement. NEVERTHELESS, ASSH RETAINS THE RIGHT TO MONITOR POSTED INFORMATION AND REMOVE MESSAGES OR MATERIALS THAT IT BELIEVES DO NOT COMPLY WITH THE TERMS OF THIS ACCESS AGREEMENT OR ARE NOT IN THE BEST INTERESTS OF ASSH.
EACH MEMBER HAVING ACCESS TO THE ASSH LISTSERVS SHALL INDEMNIFY AND HOLD ASSH HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) RELATING TO HIS OR HER ACTS OR OMISSIONS OR TO MATERIALS OR INFORMATION HE OR SHE TRANSMITS IN CONNECTION WITH THE USE OF THE LISTSERVES.
Choice of Law
This Agreement shall be governed in all respects by the laws of the State of Illinois irrespective of its choice of laws rules. In addition, members consent to be subject to the exclusive jurisdiction of the state and federal courts of Cook County, Illinois in the event of any dispute between the parties.
ASSH reserves the right to modify the rules of this Access Agreement as it determines from time-to-time in the best interests of ASSH, provided all listserv participants are notified prior to any such change.