1. No Storage of Personal Health Information
    You acknowledge and agree that the Plan Services are neither designed, intended, or recommended for use as a repository or a means by which to hold “protected health information,” as specified under the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act, and any similar legislation in other jurisdictions, and all regulations promulgated pursuant thereto (such laws and regulations, “HIPAA”; such information, “PHI”) on a non-temporary basis. You represent and warrant that neither Your Plan Services nor any supplementary service or product that is a part thereof will be used for such purpose.Note: Valley Electric/Valley Communications specifically makes no representation, guarantee, or warranty that your plan services, the account(s), or products (or the use of any of the foregoing by any party) complies or shall comply with HIPAA nor any other law or will render any party compliant with HIPAA nor any other law.
  2. Operation of Valley Electric/Valley Communications HIPAA Conduit Setting; Consequences of Activation
    Valley Electric/Valley Communications offers a HIPAA Conduit Setting for its Customers based in the United States. You acknowledge that: (i) activation of the Valley Electric/Valley Communications HIPAA Conduit Setting may cause the automatic and permanent deletion from the applicable Account(s) any Customer Communications stored in those Account(s) and that date back 30 or more days; (ii) if any Customer Communications that date back 30 or more days are currently stored in the applicable Account(s), they risk being permanently deleted from such Account(s), and such deletion may occur immediately after activation of the Valley Electric/ Valley Communications HIPAA Conduit Setting;(iii) the deletion functions as described above may permanently delete Customer Communications in such a manner that they are not retained in any form (including on any back up or disaster recovery system) by Valley Electric/Valley Communications; and (iv) the Valley Electric/Valley Communications HIPAA Conduit setting may disable SMS messaging through the applicable Account(s) and may disable attachment of any voicemail and facsimile/internet facsimile messages onto message notification emails sent by Valley Electric/Valley Communications in association with any such Accounts.
  3. Release
    You hereby release, discharge, and hold harmless Valley Electric/Valley Communications from and against any and all liability pertaining to or arising from any of its acts or omissions in accordance with this Section entitled “Valley Electric/Valley Communications and HIPAA.”