Terms of Service

IMPORTANT NOTICE: *All Payments To Swift Communications Are Non-Refundable*

Swift Communications, Inc. ("The Company") agrees to furnish services to our customers (lowing TOS (Terms of Service).

Use of Swift Communications Service constitutes acceptance and agreement to Swift Communications' AUP (Acceptable Use Policy) as well as Swift Communications' TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Swift Communications, Inc. and AUP (acceptable use policy). The AUP may be changed from time to time at the discretion of the Company. Customer understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

1. Disclosure:
   The AUP specifically prohibits the use of our service for illegal activities. Therefore, Customer agrees that the Company may disclose any and all Customer information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Customer. In addition Swift Communications shall have the right to terminate all service set forth in this Agreement.
2. Service Rates:
   Company bandwidth rates are calculated 95th percentile. Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Customer. Customer is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3. Payment:
   Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Customer agrees that The Company automatically charges Customer's credit card every month. Swift Communications reserves the right to process client credit cards from 1 to 5 days before the actual due date to ensure that the funds are received by the due date.
   *NEW* all customers paying with credit card will need to be verified by phone or provide Swift Communications with a copy (scan or photocopy) of the front and back of the credit card and an identification card. If this is an inconveniene, customers are encouraged to pay through PayPal using the Swiftco PayPal e-mail: PayPal@swiftco.net
   example:
   
4. Payments and Fees:
   Accounts that are not collectable by Swift Communications may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Colocation servers that are terminated for non payment will be considered abandoned and forfeited after 30 days.
5. Refund and Disputes:
   All payments to Swift Communications, Inc. are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in hast 'Swift Communications' sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Swift Communications an "Administrative Fee" of not less than $50 and not more than $150.
6. Failure to Pay:
   The Company may temporarily deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
7. Account Cancellation:
   All requests for canceling accounts must be made via email or phone to support@swiftco.net or 1-866-SWIFTCO with at least 1 month advanced notice. You must have all account information, and account balances must be paid in full for past and current services to cancel.
8. Support Boundaries:
   Swift Communications provides 24 x 7 technical support to our Customers (except for few holidays and short company meetings when we close our center.) Unmanaged servers housed at our facility are only ensured that the server is online and is remotely accessible. Swift Communications offers tech support for application specific issues such as cgi programming, and html at an additional and (independant from hosting) fee. Swift Communications does not provide technical support for YOUR customers. If you can email, we encourage you to email support@swiftco.net for assistance.
9. SPAM and Unsolicited Commercial Email:
   For our policy on SPAM and unsolicited commercial email please follow this link http://www.swiftco.net/bulk_email_policy.html
10. Network:
    a. IP Address Ownership: If Swift Communications assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Swift Communications, and Customer shall have no right to use that Internet Protocol address except as permitted by Swift Communications in its sole discretion in connection with the Services, during the term of this Agreement. Swift Communications shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Swift Communications, and Swift Communications reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame The Company reserves the right to retract IPs that are not being utilized without notifying the client
    
    b. Bandwidth Usage. Swift Communications will monitor Customer's bandwidth. Swift Communications shall have the right to take corrective action if Customer's usage negatively impacts other clients.
    
    c. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Swift Communications Network. Violations of system or network security may result in civil or criminal liability. Swift Communications will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
    
    i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
    
    ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
    
    iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
    
    iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
    
    v. Taking any action in order to obtain services to which such User is not entitled.
11. Notification of Violation:
    a. Swift Communications is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
    
    b. First violation: Any User, which Swift Communications determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Swift Swift Communications' discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
    
    c. Second Violation: Users that Swift Communications determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
    
    d. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
12. Suspension of Service or Cancellation:
    Swift Communications reserves the right to suspend network access to any customer if in the judgment of the Swift Communications network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Swift Communications chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended
    
    Customers of colocation servers must make arrangements for the server to be picked up and removed from swiftco.net. The server will be considered abandoned and forfeited after 30 days.
13. Swift Communications reserves the right to amend its policies at any time. All Sub-Networks, resellers and unmanaged servers of Swift Communications must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
14. Indemnification:
    Swift Communications wishes to emphasize that in agreeing to the Swift Communications Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Swift Communications for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Swift Communications or the bringing of any claim against Swift Communications by any third-party. This means that if Swift Communications is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Swift Communications, plus all costs and attorney's fees.
    
    a) Customer acknowledges that the service provided is of such a nature that service can be interrupted for many different reasons and interruptions can be prolonged due to external or internal events. Therefore, Customer agrees that Swift Communications shall not be liable for any damages arising from such loss of service for any reason. In no event shall the company be liable for any special or consequential damages, loss or injury.
    
    b) Customer acknowledges that colocation servers can be damaged from shipping and handling of the colocation servers. Customer shall not hold Swift Communications liable for damage to any colocation server for any reason. The customer is responsible for insuring the monetary value the of the colocation server for the value of the server. In no event shall the company be liable for any special or consequential damages, loss or injury.
15. Responsibility for Content:
    You, as 'Swift Communications' customer, are solely responsible for the content stored on and served by your Swift Communications server.