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Updates terms of service and acceptable use policy per Karen.

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joshmasen committed Mar 30, 2019
1 parent 2de7bff commit 0d68c50520ed017773e1edcf6f0d12d24172fbb4
Showing with 126 additions and 512 deletions.
  1. +42 −142 aup.md
  2. +84 −370 tos.md
184 aup.md
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# ACCEPTABLE USE POLICY

*Last Modified: August 1st, 2014*
*Last Modified: March 29th, 2019*

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").
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.
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.

## Prohibited Uses:

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:

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
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:

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.

B. 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.

C. 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.

D. 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.

E. 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.
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 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.

## Violations:

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.
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.
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