This Acceptable Use Policy (“AUP”) sets forth the principles that govern the use of services provided by Fancy Chap, Inc. d/b/a Flywheel (“Flywheel”).
FLYWHEEL RESERVES THE RIGHT TO REVISE THE ACCEPTABLE USE POLICY AT ANY TIME AND SHALL PLACE SUCH REVISED POLICY ON ITS WEBSITE AT LEAST THIRTY (30) CALENDAR DAYS BEFORE IT BECOMES EFFECTIVE. CUSTOMER’S CONTINUED USE OF FLYWHEEL’S SERVICE(S) SHALL CONSTITUTE CONTINUED ACCEPTANCE OF THIS ACCEPTABLE USE POLICY.
A. Customer agrees to comply with all applicable local, state, national and international laws and regulations regarding use of all services delivered by Flywheel. The following are prohibited uses of the Flywheel Services:
1. Transmission, distribution, uploading, posting 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, material kept in violation of state laws or industry regulations such as social security numbers or credit card numbers, and material that is obscene, defamatory, libelous, unlawful, harassing, abusive, threatening, harmful, vulgar, constitutes an illegal threat, violates export control laws, hate propaganda, fraudulent material or fraudulent activity, invasive of privacy or publicity rights, profane, indecent or otherwise objectionable material of any kind or nature. Customer may not transmit, distribute, or store material that contains a virus, “Trojan Horse,” adware or spyware, malware, corrupted data, or any software or information to promote or utilize software or any of Flywheel services to deliver unsolicited e-mail. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation.
2. The sending of any form of unsolicited bulk email (“spam”) through Flywheel’s servers is prohibited. Likewise, the sending of spam from another service provider advertising a website, email address or utilizing any resource hosted on Flywheel’s servers, is prohibited. Flywheel accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this AUP or that of the other provider.
3. Advertising, transmitting, or otherwise making available or using any software, program, product, or service that is designed to violate this AUP, which includes, but is not limited to, the facilitation of the means to send spam, initiation of pinging, flooding, mail-bombing, denial of service attacks.
4. Forwarding Internet users to any website that, if such website were hosted by Flywheel, would violate the provisions of this AUP.
5. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”).
6. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
7. Engaging in any activities that do or are designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other customer, regardless of the network.
8. Using Flywheel’s services in a manner that interferes with the use or enjoyment of the services by other customers or authorized users. This shall include excessive use of services which impair the fair use of other Flywheel customers.
9. Using Flywheel’s services as online backup or storage, or mirroring mass downloads.
10. Impersonating any person or entity, including, but not limited to, a Flywheel employee, or falsely stating or otherwise misrepresenting Customer’s affiliation with a person or entity.
11. Using Flywheel’s services to operate or enable any telecommunications service or in connection with any application that allows customer end users to place calls or to receive calls from any public switched telephone network.
12. Using Flywheel’s services for the operation of nuclear facilities, air traffic control or life support systems, where the use or failure of the services could lead to death, personal injury or environmental damage.
13. Processing or storing any customer data that is subject to the International Traffic in Arms Regulations maintained by the Department of State (as found in 22 CFR 120-130).
B. Customer acknowledges and agrees that Flywheel does not intend use of Flywheel’s services to create obligations under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and makes no representations that the services satisfy HIPAA requirements. If Customer is (or becomes) a Covered Entity or Business Associate, as those terms are defined in HIPAA, Customer will not use the services for any purpose or in any manner involving Protected Health Information, as that term is defined in HIPAA, unless Customer has received prior written consent to such use from Flywheel.
C. Customer acknowledges and agrees that it is a violation of this AUP for its services to cause an interruption or degradation of, interference with, or disproportionate burden on the operations of Flywheel’s Platform or the services of other customers, regardless of whether such interruption, degradation, interference or burden is the result of Customer’s actions or those of a third party over which the Customer has no control.
D. Customer is solely responsible for the content it uploads to its website in connection with the services provided by Flywheel. Flywheel does not review or screen the content in its Customer’s websites and does not assume any obligation to monitor such content. However, Customer agrees that Flywheel may review all hosted websites or other content in responding to a third party complaint or for any other reason.
E. Customer may access and use Flywheel’s services for lawful purposes only. Customer is solely responsible for the knowledge and adherence to any and all laws, statutes, rules and regulations pertaining to use of the services offered by Flywheel. Customer agrees that it will not (i) use the services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local state, Federal or international law or regulation; (ii) upload or otherwise transmit any content that Customer does not have a right to transmit under any law or contractual or fiduciary duty; (iii) interfere or infringe with any trademark or proprietary rights of any other party; (iv) interfere with the ability of other users to access or use Flywheel’s services; (v) claim a relationship with or to speak for any individual, business, association, institution or other organization for which Customer is not authorized to claim such a relationship; (vi) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; or (vii) reproduce, duplicate, copy, use, distribute, sell, resell or otherwise exploit for any commercial purposes any portion of the services.
F. Customer represents and warrants that no federal, state or local authority prohibits or materially limits Flywheel from transacting business with Customer or providing services to Customer or its agents, representatives, affiliates or related entities. If, at any time, a federal, state or local authority prohibits or materially limits the transaction of business or Flywheel’s provision of services to Customer or its agents, representatives, affiliates or related entities, such prohibition or restriction shall be a violation of this AUP and a material breach of the Terms of Service Agreement.
If Flywheel determines in its sole discretion that Customer’s conduct violates the terms of AUP, Flywheel may suspend, restrict, terminate, delete content, or take any other appropriate action with regard to the services, without any obligation to refund fees paid. Flywheel reserves the right to take such actions without notice to Customer. Customer understands that Flywheel reserves the right to conclude that Customer’s conduct is in violation of the standards set forth in this AUP. Customer agrees that Flywheel, in responding to a third party complaint, reserves the right in its sole discretion to suspend or terminate the services subject to this AUP without notice and with no obligation to refund fees paid. Customer also understands and agree that by providing Customer services, Flywheel in no way endorses Customer’s website or deems the website content to be suitable under the terms of this AUP.
Customer agrees that Flywheel shall under no circumstances be held liable on account of any action Flywheel takes, in good faith, to restrict transmission of material that it or any user of the services considers to be fraudulent, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.