This Acceptable Use Policy (“AUP”) sets forth the principles that govern the use of services provided by Fancy Chap, LLC 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 Flywheel’s services:
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 systems 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 Hosting Services 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.