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Terms of use

Esker maintains this web site for your personal information and education. Please feel free to browse this web site. You may only download material displayed on the site for non-commercial, personal use, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of this web site for public or commercial purposes, including the text, images, audio and video without Esker’s written permission. Your access to and use of this web site is also subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing this web site, you accept, without limitation or qualification, the Terms and Conditions

Terms of use

  1. You should assume that everything you see or read on this web site is copyrighted unless otherwise noted and may not be used or modified except as provided in these Terms and Conditions, or in the text on this website without the written permission of Esker. Esker neither warrants nor represents that your use of materials displayed on this web site will not infringe rights of third parties not owned by or affiliated with Esker.
  2. While Esker uses reasonable efforts to include accurate and up to date information in this web site, Esker makes no warranties or representations as to its accuracy. Esker assumes no liability or responsibility for any errors or omissions in the content of this web site.
  3. Your use of and browsing in this web site are at your own risk. Neither Esker nor any other party involved in creating, producing, or delivering this web site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this web site. Without limiting the foregoing, everything on this web site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitation regarding the exclusion of implied warranties. Esker also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this web site or your downloading of any materials, software, data, text, images, video, or audio from this web site.
  4. Any communication or material you transmit to this web site by electronic mail or otherwise, including any data (exclusive of personal information, as defined below), questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Esker or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission publication, broadcast and posting. Furthermore, Esker is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this web site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
  5. Images of people or places displayed on this web site are either the property of, or used with permission by, Esker. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on this web site. Any unauthorized use of the image may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
  6. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this web site are registered and unregistered Trademarks of Esker and their respective owners. Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this web site without the written permission of Esker or such third party that may own the respective Trademark displayed on this web site. Your use of the Trademarks displayed on this web site, or any other content included herein, except as provided in these Terms and Conditions or as permitted in writing by Esker, is strictly prohibited. You are also advised that Esker will aggressively enforce its intellectual property rights to the fullest extent of the law.
  7. Esker has not reviewed all of the sites linked to this web site and is not responsible for the content of any off-site pages or any other sites linked to this one. Esker supplies these links to you only as a convenience, and the inclusion of any link does not imply an Esker’s endorsement thereof. Your linking to any other off-site pages or other sites is at your own risk.
  8. Although Esker may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on this web site, Esker is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the web site,. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Esker will fully cooperate with any law enforcement authorities or court order requesting or directing Esker to disclose the identity of anyone posting any such information or materials.
  9. Software made available via download from this web site is the copyrighted work of Esker and/or its suppliers. Use of such software is governed by the terms of the applicable software license agreement included on this web site or within the software itself. Any reproduction or distribution of the software in violation of the applicable software license agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Without limiting the foregoing, copying or reproduction of the software to any other server or location for the purpose of reproduction and redistribution is expressly prohibited.
  10. Software from this web site is further subject to United States Export Controls. No software from this web site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
  11. Esker may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound.
  12. Esker reserves any rights not expressly granted herein.

Privacy Statement

Personal information

Esker will ask you for information that personally identifies you when you request that we provide you with a service or transaction. For example, we may require your name, company (if applicable), address, telephone, fax, email address, and purchasing information when you download software, register products, email us, or ask us to forward information to you.

We also use your personal information to provide you with information about product updates, services, news and events. Esker may disclose your personal information is required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Esker or this web site: (b) protect and defend the rights or property of Esker and Esker’s affiliates; or (c) act in urgent circumstances to protect the personal safety of Esker employees, or users of Esker’s products or services, or members of the public. Esker is committed to taking reasonable steps to protect the personal information that you provide to us. We will not share your personal information with third parties without your permission, other than for the limited exceptions provided above. It will only be used for the purposes stated herein.

Whether or not you visit this web site anonymously, Esker may collect certain information such as the domain name and country from which you access the Internet, the Internet address, the date and time you visit this web site, the search engine and phrases you used to reach this site, and data about the pages you visited while here. Esker uses this information, which is not linked to personal information, to analyze trends and to measure the number of visits to this web site.

Cookies

Some Esker web pages use "cookies". A cookie is a small file that a web site may send to a visitor’s browser. This file is then stored on the visitor’s hard drive. The cookie saves the visitor’s email address, which the browser passes back to the web site’s server, which uses it to look up any previously submitted visitor information in a database located on the Esker server. Cookies enable Esker to build a better web site by recording how and when visitors use the web site and to better serve a visitor when he or she returns to the site. You can set your browser to refuse cookies, however, if you disable the cookie, you'll have to re-enter your information in order to access downloads.

Choice/opt-out

Esker respects your right to privacy. If you decide would not wish to receive further information from Esker regarding products/services and company updates, you may unsubscribe, from Esker mailing lists by sending an email to info@esker.com with the word UNSUBSCRIBE in the subject field or calling 800-368-5283 (in the U.S. only) or 608-828-6000. Please include your name, as it appeared on the correspondence, along with your email address. Esker will do its best to ensure that you are removed as soon as possible.

Contacting the web site

Any questions about the content or practices of this web site can be directed to the Esker Webmaster at webmaster@esker.com

Trademarks & Copyright

Esker trademarks

Below is a listing of trademarks owned by Esker as of January 2006. Those following trademarks followed by ® are registered trademarks of Esker S.A. in the United States and other countries; all others that follow are trademarks, service marks, or common law marks of Esker. To ensure proper reference to our product names and trademarks, please contact our Legal Department at 608-273-6000.

To the extent a name or logo does not appear on this list does not constitute a waiver of any and all intellectual property rights that Esker S.A. has established in any of its products, features, service names, or logos.

  • Delivery Link™
  • Esker®
  • Esker logo:
  • Esker Fax™
  • Esker Partner Program(SM)
  • Esker Pro(SM)
  • Extending the Reach of Information™
  • Faxgate®
  • FlyDoc
  • GDR™
  • General Document Recognition®
  • Persoft®
  • Persona®
  • SmarTerm®
  • SmartMouse®
  • Tun®
  • Tun Emul®
  • Tun® Plus
  • VSI®
  • VSI-FAX®

Patent pending

General Document Recognition, Patent Pending. U.S. patent application number 09/602,367.

Other companies’ trademarks

ActiveX, Microsoft, Windows, Windows NT, and the Windows Logo are registered trademarks of Microsoft Corporation in the United States and other countries.

Lotus, Lotus Notes, and Notes are registered trademarks of IBM-Lotus in the United States and other countries.

SAP, SAP Logo, R/3, mySAP.com Logo and mySAP.com are trademarks or registered trademarks of SAP AG in Germany and in several other countries all over the world.

All other product names, company names, marks, logos, and symbols are the property of their respective owners.

Neither Esker nor its products are affiliated in any way with PULSE EFT Association.

Copyright

© 2006 Esker S.A. All rights reserved.

This web site inclusive of its downloadable files found herein may contain other proprietary notices and copyright information which should be observed.

HIPAA and Esker

The newly implemented Health Insurance Portability and Accountability Act (HIPAA) of 1996 governs how health care providers, health plans, and health care clearinghouses (i.e. covered entities) protect patient information. Organizations that provide services requiring they have access to protected health information as compiled by a covered entity are considered business associates. Under HIPAA, such business associates must agree by contract to comply with certain aspects of the privacy regulations.

As a software supplier, Esker Software is not a covered entity, nor does it qualify as a business associate, because Esker does not generally have access to protected health information. However, Esker solutions can play a key role in assisting a covered entity or business associate in fulfilling its HIPAA obligations.

Esker Host Access Solutions — Tun Plus, SmarTerm, and Persona — provide secure and encrypted connections from client systems (local and remote) to legacy host systems and applications. For covered entities and business associates, these solutions provide secure access to protected health information within legacy applications, making the most of existent processes and procedures. Persona, which provides web access to legacy host systems, has earned the Common Criteria security certification, a globally recognized standard for IT products. Reviewed and tested by an accredited, independent laboratory, Persona 5.0 achieved evaluation assurance level 3 (EAL 3) making it the first terminal emulation product to meet this stringent standard.

Esker DeliveryWare Platform, FlyDocand all Esker Fax Solutions (Esker Fax, VSI-FAX, and VSI-FAX for Notes) not only offer privacy via their respective user-to-user document delivery applications, but also provide for more efficient and less costly billing processes — an Administrative Simplification mandate under HIPAA.

In the case when Esker Software offers technical support, training, or professional services (consultation and implementation) for its products and has access to protected health information it would be considered a business associate. If your organization is a covered entity or business associate and anticipates providing Esker with access to protected health information through your organization’s use of either Esker’s technical support, training, or professional services, please contact your Esker Sales Representative to ensure HIPAA compliance through the execution of the applicable contractual terms and conditions.

For more information about Esker solutions and HIPAA, contact an Esker sales representative. ::Contact Us

Acceptable Use Policy

This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with Esker, provider of the FlyDoc Service. If you engage in any of the activities prohibited by this AUP document, Esker may suspend or terminate your account.

Esker's Acceptable Use Policy (the "Policy") for the FlyDoc Service is designed to help protect Esker, Esker's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Esker. Esker reserves the right to modify the Policy at any time, effective upon posting at http://www.flydoc.com/legal.asp.

Prohibited Uses of FlyDoc Service:

  1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
  2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Esker's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Esker's servers, is prohibited. FlyDoc accounts or Esker services in general may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
  3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Esker customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Esker-hosted domain, or referencing any FlyDoc account, is prohibited.
  4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
  5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
  6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
  7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
  8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Esker customers or end-users by any means or device
  9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Esker network or on another provider's network.
  10. Using FlyDoc Service provided by Esker to interfere with the use of the Esker network by other customers or authorized users.

Customer Responsibility for Customer's Users

Each Esker customer is responsible for the activities of its users and, by accepting service from Esker, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an Esker customer will be forwarded to the Esker customer's postmaster for action. If violations of the Esker Acceptable Use Policy occur, Esker reserves the right to terminate services with or take action to stop the offending customer from violating Esker's AUP as Esker deems appropriate, without notice.