Terms and Conditions

To activate an account with the Universal Service Administrative Company ("USAC"), and use USAC's Rural Health Care ("RHC") Program's electronic system (referred to as "RHC Applicant Portal"), an account user must agree to the terms and conditions ("Terms and Conditions") below.

By accepting these Terms and Conditions and activating this account, I hereby attest that:

FOR ALL ACCOUNT HOLDERS:

1. I am the person assigned to this account and I am authorized by my health care provider ("HCP") to access and manage HCP forms, materials and information related to the RHC Program.
2. If I have questions or would like to deactivate my account, I may contact USAC at 1-800-453-1546 or rhc-assist@usac.org.
3. I agree to keep my account information confidential. I will not disclose my password to anyone. I will not authorize anyone to use my account. If I know, or have reason to believe, that the confidentiality of an account (including my own or someone else's) has been compromised, I agree to immediately inform USAC at 1-800-453-1546 or rhc-assist@usac.org.
4. I acknowledge and agree that it is my obligation to ensure that forms that are filed are filed accurately and by required deadlines.
5. I acknowledge and agree that I am fully responsible for any and all activities that occur with my account. I acknowledge and agree that USAC is not responsible for any liability arising from the use of my account, User ID and/or password by me or by any other person. Additionally, I acknowledge and agree that, when deemed necessary by USAC in USAC's sole discretion, USAC may deactivate my account for any reason at any time and without prior notice to me.
6. I acknowledge and agree that my account is associated with the HCP on whose behalf I am authorized to access HCP forms and information. I acknowledge and agree that if I am no longer authorized by the HCP I am currently associated with to access or manage HCP forms or information contained within the RHC Applicant Portal, or no longer need or want to use the RHC Applicant Portal, I must do one of the following: (1) change my permissions or deactivate my own account through the "Account Settings" functionality in the system; (2) if I am not the primary account holder, contact the primary account holder for my HCP and request changes to my permissions or deactivation of my account; or (3) contact USAC at 1-800-453-1546 or rhc-assist@usac.org, and request changes to my permissions or deactivation of my account.
7. I acknowledge and agree that I cannot assign this agreement or my account to any other party.
8. I acknowledge and agree that I am responsible for knowing and abiding by all information contained in the Terms and Conditions as updated from time to time. USAC may modify the Terms and Conditions in its sole discretion at any time and without prior notice. The current Terms and Conditions are available from the "Terms and Conditions" link within the RHC Applicant Portal. I acknowledge and agree that if I use the RHC Applicant Portal after the Terms and Conditions are modified, my use is acceptance and agreement of the modified Terms and Conditions. If I disagree with the Terms and Conditions, I will stop using the RHC Applicant Portal and deactivate my account as explained above.
9. I understand that if my account is deactivated for whatever reason, I will no longer have access to the contents of the RHC Applicant Portal.
10. I acknowledge and agree that USAC may, in its sole discretion, modify the RHC Applicant Portal at any time and without prior notice. Additionally, I acknowledge and agree that USAC may, in its sole discretion, set size limits on the storage space within the RHC Applicant Portal or cease providing the RHC Applicant Portal at any time and without prior notice.
11. I acknowledge and agree that USAC may use the email address associated with my account to send emails and notices to me related to my participation in the universal service fund and the RHC Program.
12. I acknowledge and agree that the Terms and Conditions are the complete and exclusive agreement between USAC and me, and govern my use of the RHC Applicant Portal. I acknowledge and agree that these Terms and Conditions supersede any prior versions or prior agreements, oral or written.
13. I acknowledge and agree that I am responsible for all materials and information that I include in the RHC Applicant Portal and that I will only upload and include materials and information to which I have the necessary licenses, permissions, and/or rights to publish. I acknowledge and agree that the materials and information I include in the RHC Applicant Portal will not contain copyrighted materials or rights of third parties unless I have full permission from the owner or am legally entitled to post the material and/or information. I acknowledge that USAC and its officers, directors, employees, agents, affiliates, licensees and assignees will use these materials and information in processing and reviewing participation in the RHC Program.
14. I acknowledge and agree that the materials and information in the RHC Applicant Portal may be disclosed (1) as required by law, (2) as required by regulation, and (3) to third parties, including, but not limited to, the Federal Communications Commission ("FCC") pursuant to 47 C.F.R. § 54.702(j), to USAC's designated representatives, and/or to other authorized parties. Additionally, I understand some of the information I provide is made public by USAC in administering the RHC Program.
15. I acknowledge and agree that USAC's failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. I acknowledge and agree that if any right or provision of the Terms and Conditions is found to be invalid or otherwise unenforceable, then that right or provision shall be deemed severable and the remaining rights and provisions shall remain in full force and effect. I agree that if a right or provision of the Terms and Conditions is found to be invalid or otherwise unenforceable, that right or provision shall be modified to the minimum extent possible to make it valid or enforceable without changing the intent of the right or provision.
16. I acknowledge and agree that USAC owns all legal right, title and interest in and to the RHC Applicant Portal, including any and all associated intellectual property rights. USAC grants to me a personal, worldwide, non-transferable, non-assignable, royalty-free and non-exclusive license to use the RHC Applicant Portal. I acknowledge and agree that I may not (and may not allow any third party to) copy, modify, create a derivative work from, reverse engineer, or otherwise attempt to discover any source code.
17. I EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
    • THE RHC APPLICANT PORTAL IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MY USE OF THE RHC APPLICANT PORTAL IS AT MY SOLE RISK.
    • USAC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, IN CONNECTION WITH THE RHC APPLICANT PORTAL AND MY USE THEREOF INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY AND NON-INFRINGEMENT.
    • USAC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND LICENSORS DISCLAIM ANY AND ALL WARRANTIES THAT:
      • THE RHC APPLICANT PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE;
      • RESULTS OBTAINED FROM THE USE OF THE RHC APPLICANT PORTAL WILL BE ACCURATE OR RELIABLE;
      • THE RHC APPLICANT PORTAL WILL MEET MY REQUIREMENTS; AND,
      • ANY ERRORS IN THE RHC APPLICANT PORTAL WILL BE CORRECTED.
    • I AM SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE I INCUR, INCLUDING, BUT NOT LIMITED TO, DAMAGE TO MY COMPUTER, INTERNET ACCESS, OR LOSS OF DATA THAT ARISES OUT OF, OR IS IN CONNECTION WITH, THE RHC APPLICANT PORTAL OR MY USE THEREOF.
18. I EXPRESSLY ACKNOWLEDGE AND AGREE THAT USAC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO ME FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, STATUTORY, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR FOR ANY LOST PROFITS, BUSINESS OR REVENUE, OR LOSS OF USE, GOODWILL OR DATA, SYSTEM FAILURE, OR OTHER INTANGIBLE LOSES (EVEN IF USAC KNEW, SHOULD HAVE KNOWN, OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR IN CONNECTION WITH, THE RHC APPLICANT PORTAL OR MY USE THEREOF.
19. I agree to defend, indemnify and hold harmless USAC and its officers, directors, employees, agents, affiliates, and licensors, from and against any claim, demands, losses, expenses, damages, and costs, including, but not limited to, reasonable attorneys' fees and costs, resulting from (1) the use of the RHC Applicant Portal by me or any third party using RHC Applicant Portal through my account; (2) my violation of any term of these Terms and Conditions; (3) my violation of any third party right, including, but not limited to, any copyright, property, or privacy right; or (4) any claim that my use of the RHC Applicant Portal caused damage to a third party.
20. I acknowledge and agree that USAC has the right, but has no obligation, to remove or modify materials or information in the RHC Applicant Portal.
21. I understand that when accessing the RHC Applicant Portal, information regarding my actions, including, but not limited to, personally identifiable information, is automatically collected. This information includes, but is not limited to, my User ID, the date and time I accessed the site, the pages I viewed, the IP address that accessed the site, the internet service provider I used to connect to the site, the actions I took while in the system, and the information I uploaded or forms I data entered or certified. My use of the RHC Applicant Portal is my consent for USAC to collect this information. This information is retained indefinitely. I acknowledge and agree that my use of the system is also subject to audit.
22. I acknowledge and agree that if I have sensitive or confidential personally identifiable information such as social security numbers, I shall not include such information in the RHC Applicant Portal. Rather, I must contact USAC at 1-800-453-1546 or rhc-assist@usac.org to arrange securely transferring the information to USAC or its designated representative.
23. I acknowledge and agree that in order to allow me to log into the RHC Applicant Portal, and to provide a more streamlined navigation, the site stores data on the computer I use to access it, commonly referred to as "session cookies." This information is not retained by the website and, by default, is configured to be automatically destroyed by the web browser after a specified period of time or when the browser is closed. I understand that if I disable cookies in my browser, I will be unable to log into, or use, the RHC Applicant Portal.
24. I acknowledge and agree that the RHC Applicant Portal may contain hyperlinks to third party websites or resources. I acknowledge and agree USAC is not responsible for the availability or accuracy of any third party site. Additionally, I understand USAC does not endorse any third parties or their goods or services. I acknowledge and agree that USAC is not liable for any loss or damage I may incur as a result of the use of or reliance on the third party website or resources. I understand that third party sites are governed by their own terms and conditions and are not governed by these Terms and Conditions.
25. I acknowledge and agree that the RHC Applicant Portal may only be used for its intended purpose and as permitted by its Terms and Conditions and applicable law, rules and regulations.
26. I understand that engaging in prohibited activity such as unauthorized access of the RHC Applicant Portal or causing damage to the RHC Applicant Portal is strictly prohibited and subject to legal action, including but not limited to, civil and/or criminal punishment.
27. I acknowledge and agree that I will not knowingly upload any viruses or malicious code to the RHC Applicant Portal.
28. I acknowledge and agree that if there is an absence of applicable federal law, District of Columbia law applies without regard to any otherwise applicable principle of conflicts of laws. I acknowledge and agree that any and all claims, causes of action or disputes arising out of or relating to my use of RHC Applicant Portal shall be brought exclusively in the courts located in the District of Columbia. I agree to the personal jurisdiction of the courts located in the District of Columbia and agree to waive any and all objections to the exercise of jurisdiction by such courts.
29. I acknowledge and agree that if my account is deactivated or terminated for any reason, the following obligations of the Terms and Conditions will survive: 4, 5, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 24, 26 and 28.

FOR ACCOUNTS ALLOWED TO SIGN AND CERTIFY FORMS ELECTRONICALLY:

In addition to the Terms and Conditions listed above:

30. I acknowledge and agree that I may use my account and electronic signature to electronically sign forms, enabling me to certify and submit forms electronically without having to mail the original to USAC.
31. I acknowledge and agree that by logging into my account using my User ID and password, typing my password in the signature line of the form, and clicking the "Certify & Submit" button at the end of the form, I have submitted my electronic signature to the form.
32. I acknowledge and agree that my electronic signature is equivalent to my handwritten signature on the form.
33. I acknowledge and agree that by electronically signing the form, I am making the certifications stated in that form.
34. I acknowledge and agree that when I electronically certify a form using my RHC Applicant Portal account, the form will be considered filed and certified and an electronic acknowledgement will be sent to me. If I do not receive this acknowledgement, I shall immediately contact USAC at 1-800-453-1546 or rhc-assist@usac.org.
35. I acknowledge and agree that I am authorized to certify, sign and submit forms regarding the universal service fund on behalf of the HCP I represent.
36. I acknowledge and agree that my account is associated with the HCP on whose behalf I am authorized to sign forms. I acknowledge and agree that if I am no longer authorized by the HCP I am currently associated with to sign forms, I must do one of the following: (1) change my permissions or deactivate my own account through the "Account Settings" functionality in the system; (2) if I am not the primary account holder, contact the primary account holder for my HCP and request changes to my permissions or deactivation of my account; or (3) contact USAC at 1-800-453-1546 or rhc-assist@usac.org, and request changes to my permissions or deactivation of my account.
37. I acknowledge that persons willfully making false statements on the FCC forms can be punished by fine or forfeiture, under the Communications Act, 47 U.S.C. §§ 502, 503(b), or fine or imprisonment under Title 18 of the United States Code, 18 U.S.C. § 1001.

FOR ACCOUNTS HOLDERS ALLOWED TO CREATE, OR WHO HAVE CONTROL OVER, SECONDARY ACCOUNT HOLDERS:

In addition to the Terms and Conditions listed above:

38. I acknowledge and agree that I will only create secondary accounts for, and grant appropriate access to, individuals authorized to (1) view and upload HCP materials, information and FCC forms, and perform data entry on FCC forms and, (2) in certain cases, sign and certify FCC forms for their associated HCPs.
39. I acknowledge and agree that secondary account holders will have access to all of the information in the RHC Applicant Portal for the HCPs to which they are assigned regardless of who uploaded the information or when it was uploaded. I acknowledge and agree that if I do not want a secondary account holder to have access to one or more pieces of information for an HCP, I will not give the secondary account holder permissions to that HCP.
40. I acknowledge and agree that if a secondary account user over which I have control is no longer authorized by the HCP to (1) view, upload or data enter forms or materials, (2) in some cases, certify forms, or (3) otherwise have access to the RHC Applicant Portal, I will deactivate or modify the permissions accordingly.
41. I acknowledge and agree that when my account is deactivated, a new primary account holder must be assigned within fourteen (14) days or the secondary accounts will be deactivated.