Terms of Service
This Agreement sets forth the Standard Terms and Conditions that apply to the use of the SwiftHost.net
SwiftHost.net provides hosting service to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of SwiftHost.net are subject to the following terms of service.
ACCEPTABLE USE POLICY:
All services provided by SwiftHost.net may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless SwiftHost.net and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. SwiftHost.net does not allow IRC or IRC bots to be operated on our servers.
We do permit legal adult content on dedicated servers, colocation services, and VPS accounts. All other services not listed here are forbidden to store, serve, or contain any adult materials. We reserve the right to determine the definition of "adult content" as it pertains to our services.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content are not allowed on our network including, but not limited to pirated software, bit torrents, bitcoin (except dedicated servers), IRC, Proxies, hacker programs/archives, copyrighted MP3's, Warez, copyrighted material, trademarks, child pornography or content perceived to be child pornography, or material protected by trade secrets and other statutes. Software downloads may only be hosted if you are the writer and copyright owner of the software. Audio and video downloads will not be hosted on our servers unless you are the composer and/or copyright owner. There are no exceptions. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
COMMERCIAL ADVERTISING - EMAIL:
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.
SECURITY:
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
SERVER RESOURCES:
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service. SwiftHost.net shall be the sole arbiter of what is considered to be a high server usage level. If a subscriber uses network resources in which is in excess to their current hosting plan, the subscriber is held liable for additional charges or service fees. Any web hosting account deemed to be adversely affecting server performance or network integrity immediate deactivation of services without without prior notice.
RESELLER:
All users under your reseller account are your responsibility. Any data on your reseller account, may it be your customer's data, are under your responsibility. We reserve the right to terminate or suspend your account for any data on our server that offends our Terms of Service. All users hosted on SwiftHost.net servers are under this agreement. We reserve the right to terminate, suspend or modify any of your reseller accounts at any time with or without a reason without any prior notice. Any attempts from any of your customer(s) to have unauthorized access to our servers may result with your reseller account terminated without notice.
LIMITATION OF LIABILITY:
SwiftHost.net shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from SwiftHost.net servers going off-line or being unavailable for any reason whatsoever. Furthermore, SwiftHost.net shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of SwiftHost.net servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to abuse@SwiftHost.net. All complaints will be investigated promptly.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF SWIFTHOST.NET, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "SWIFTHOST.NET PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT SWIFTHOST.NET PROVIDES. NO SWIFTHOST.NET PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. SWIFTHOST.NET IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY SWIFTHOST.NET. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY SWIFTHOST.NET PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
DISCLAIMER:
Under no circumstances, including negligence, shall any SwiftHost.net Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, whether in an action in contract or tort or strict liability or other legal theory, even if SwiftHost.net has been advised of the possibility of such damages. No SwiftHost.net Person shall be liable to Customer, any of its customers or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to SwiftHost.net's records, programs, equipment or services. SwiftHost.net holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as SwiftHost.net sees fit. FURTHERMORE, SwiftHost.net retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification
REFUND POLICY:
We at SwiftHost.net offer a 14 Days Money Back Guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund (minus charges paypal) if you cancel your account within 14 days of activation. Our refund policy does not apply to any additional items or services; this includes but is not limited to Dedicated IP's, RapidSSL Certificates, Domain Registration Fees.
Also NOT refundable are One-time Setup Fees.
No refunds are available after the initial 14 day period. Any request for cancellation must be received via the web, regular mail or fax and you will receive a confirmation upon the cancellation of your account. Cancellations over the telephone are not accepted.
This 14 day money back guarantee does not apply to any fees associated with these accounts. This includes, but not limited to PayPal transaction fees. Accounts cancelled/terminated by SwiftHost.net. For violating our Usage Policy do not qualify for our 14 day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.
Please allow 3-4 working days for refunds to take place.
GUARANTEES / SERVICE LEVEL AGREEMENT:
SwiftHost.net will strive to provide 99.5% uptime guarantee to our servers, this uptime guarantee is measued as power and network connectivity to and from our servers. This guarantee EXCLUDES scheduled maintenace or any other outages posted ahead of time on SwiftHost.net. If for any reason SwiftHost.net fails to provide a 99.5% uptime guarantee as measured by a third-party monitoring service, SwiftHost.net will credit your hosting fees with SwiftHost.net at a rate of 5% for every hour of downtime to a maximum of 100% of your monthly hosting fees (pro-rated if you are paying semi-annually or annually) in the rare event of downtime occuring for more then 24 hours.
24 Hour Resolution Guarantee is provided for HARDWARE and/or SwiftHost.net managed software ONLY. This EXCLUDES issues caused by your own negligence, your personal software/hardware configurations affecting your access to SwiftHost.net services and notices posted ahead of time on SwiftHost.net. In the rare event your issue cannot be resolved within 24 hours, SwiftHost.net will credit your hosting fees SwiftHost.net at a rate of 10% for every hour your issue is unresolved to a maximum of 100% of your monthly hosting fees (pro-rated if you are paying semi-annually or annually) in the rare event of requiring more then 10 hours to resolve your issue. SLA CREDITS ARE LIMITED TO BEING CLAIMED WITHIN 30 DAYS OF OCCURANCE. ONLY ONE UNIQUE ISSUE MAY BE CLAIMED PER MONTH.
TO CLAIM A SERVICE LEVEL AGREEMENT / GUARANTEE, PLEASE SUBMIT A SUPPORT TICKET AT HTTP://SWIFTHOST.NET/SUPPORT. ALL CLAIMS MUST BE SUBMITTED WITHIN 30 DAYS OF OUTAGE OR OCCURANCE. FAILURE TO SUBMIT YOUR REQUEST WITHIN 30 DAYS WILL RESULT IN A FULL LOSS OF POTENTIAL SWIFTHOST.NET HOSTING FEE CREDITS. PLEASE ALLOW UP TO 30 DAYS FOR CREDITS TO APPEAR. ALL SLA CREDITS WILL ONLY BE GIVEN TO THE ORIGINAL PAYMENT METHOD OR APPLIED ONTO YOUR ACTIVE SWIFTHOST.NET ACCOUNTS. LIMITED TO A MAXIMUM OF 100% OF YOUR SWIFTHOST.NET MONTHLY HOSTING FEES. PRO-RATION WILL OCCUR IF YOUR BILLING CYCLE IS SEMI-ANNUAL OR ANNUAL.