Acceptable Use Policy

This Acceptable Use Policy describes actions that The Flywheel Group prohibits when any party uses the Flywheel Services. The Flywheel Services may not be used in any illegal, abusive or other manner that interferes with the business or activities of any other party.

General Prohibitions: Flywheel prohibits use of the Flywheel Services in any way that is unlawful, harmful to or interferes with use of Flywheel’s systems, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes spam abuse, a security risk or a violation of privacy.

Unlawful Activities: Flywheel Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.

Violation of Intellectual Property Rights: Flywheel Services shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of Flywheel or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.

Security Violations: A party shall not attempt to attack or violate the security of Flywheel or its users. Examples of abuse include but are not limited to the following activities:

  • Attempting to bypass or break any security mechanism on any of the Flywheel Services or using the Flywheel Services in any other manner that poses a security or service risk to Flywheel or any of its users.
  • Testing or reverse-engineering the Flywheel Services in order to find limitations, vulnerabilities or evade filtering capabilities.
  • Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Flywheel Services or any other conduct that adversely impacts the availability, reliability or stability of the Flywheel Services.
  • Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs.

Threatening Material or Content: Flywheel Services shall not be used to host, post, transmit, or re-transmit any unsolicited or harassing messages (commercial or otherwise) or any content or material that harasses or threatens the health or safety of others.

Spam Abuse: Violation of the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act, the Do-Not-Call Implementation Act, or any other applicable law regulating spam, unsolicited advertising, marketing or other activities, constitutes a violation of this Acceptable Use Policy.

Other Violations: Additional examples of violations include, but are not limited to, the following activities:

  • Using the Flywheel Services in any manner that violates any applicable industry standards, third party policies or requirements that Flywheel may communicate to its users, including without limitation, all of the applicable guidelines published by the CTIA, the Mobile Marketing Association or any other accepted industry associations, carrier guidelines or other industry standards.
  • Using Flywheel Services to harvest or otherwise collect information about others, including email addresses or phone numbers.
  • Using Flywheel Services to engage in fraudulent activity.
  • Transmitting any material that is libelous, defamatory, discriminatory or otherwise malicious or harmful to any person or entity.
  • Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call.