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Disclosure to Law Enforcement:
The Acceptable Use Policy specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that MicroSwift, Inc. may reluctantly disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who provides a warrant without further consent of the Subscriber. We will however attempt to notify you in this case. We maintain the right to store minimal information about customers. In addition, MicroSwift, Inc. shall have the right to terminate all service set forth in this Agreement. Note: Under the U.S. Patriot Act, we may have no other option than to provide information without a warrant if you are a "Suspected Terrorist" and may have to reluctantly reveal information or face prosecution ourselves.
Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon MicroSwift, Inc. achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Payment:
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the contract term for that contract term's service. The above applies to all accounts and services provided by MicroSwift, Inc.
Refund and Disputes:
All payments to MicroSwift, Inc. are nonrefundable under most cases. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 25 days of the time the dispute occurred. If MicroSwift.com fails to provide agreed upon services or features, we will do our best to provide compensation to you in the form of credit, discounts, or refunds. MicroSwift.com strives to be fair to our customers in the case that we fail to properly provide a service.
Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Please read the AUP for more information. Special agreements may be made between the user and MicroSwift.com at MicroSwift.com's discretion in the form of a payment plan. However, this not guarenteed. Lack of payment may result in contact via email, phone, or written letter. Extreme circumstances may result in legal action although this is avoided if at all possible.
Account Cancellation:
All requests for canceling accounts must be made through email. You must provide at least 30 days notice (IMPORTANT ADENDUM: 14 days me be acceptable for some services; contact support if unsure of your specific agreement. All dedicated servers require THIRTY-TWO DAYS PRIOR TO NEXT BILLING PERIOD). Your cancellation notice must contain your customer account ID (username) and for virtual hosting the primary domain name of the account to be cancelled. Dedicated servers require notice to be made in a certain time prior to the next billing period: Usually 32 days. No less than 30 days will be required for this.
Customer 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, customer agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Customer 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.
New Domain Accounts:
All new webhosting accounts involving new domains will be set up and entered into our DNS servers immediately. Due to the nature of the Internet, however, it will may require 24 - 48 hours before your domain is available on the Internet, in some cases it may require up to 7 days. Note: Due to recent changes, it isn't uncommon for domains to begin working within several minutes of purchase. This is not a guarentee however.
Transfer of Domains:
New webhosting accounts which involve the transfer of a domain from another provider to MicroSwift, Inc. will be configured on our servers immediately. Due to the process that changes the Name Server information for your domain, however, your domain may continue to point to your previous provider for up to 7 days. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
Support Boundaries:
MicroSwift, Inc. provides 24 x 7 technical support to our subscribers via the support section of this website. The following are our guidelines when providing support: MicroSwift, Inc. provides support related to your server or virtual site physically functioning. MicroSwift, Inc. does not offer tech support for application specific issues such as cgi programming, html, or similar issues.
MicroSwift, Inc. does not provide technical support for YOUR customers. If you can email, we encourage you to email us for assistance. The Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support.
MicroSwift.com can only support our specific services purchased. We are not responsable for mistakes made on your part, webdesign assistance, deleted files, or failure to back up your files. MicroSwift's backups are not included in your service. We will do our best to assist you in data loss, but it is not part of the agreement.
SPAM and Unsolicited Commercial Email (UCE):MicroSwift, Inc. takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of MicroSwift, Inc. may not use or permit others to use our network to transact in UCE. Customers of MicroSwift, Inc. may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of MicroSwift, Inc.'s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, MicroSwift, Inc. will initiate an immediate investigation (within 48 hours of notification). During the investigation, MicroSwift, Inc. may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, MicroSwift, Inc. may, at its sole discretion, restrict, suspend or terminate customer's account. Further, MicroSwift, Inc. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. MicroSwift, Inc. will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that MicroSwift, Inc. personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the MicroSwift, Inc. network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
Anyone using MicroSwift, Inc.'s services to engage in any "spam" activities or cause any of our IP space to be listed in any of the various Spam Databases will have their services immediately terminated. The services will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to your account(s) to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account(s) without notice to the customer. Any account(s) guilty of a second violation WILL be immediately and permanently removed from our service without notice.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). MicroSwift, Inc. will monitor Customer's bandwidth and disk usage. MicroSwift, Inc. shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in MicroSwift, Inc.'s sole and absolute discretion. If MicroSwift, Inc. takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, MicroSwift, Inc. may, at its sole discretion, collect a deposit, in an amount determined by MicroSwift, Inc., against customer's billing information on file with MicroSwift, Inc.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the MicroSwift, Inc. Network. Violations of system or network security may result in civil or criminal liability. MicroSwift, Inc. 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:
Notification of Violation:
MicroSwift, Inc. 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.
First violation: Any User, which MicroSwift, Inc. determines to have violated any element of the Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject, at MicroSwift, Inc.'s discretion, to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that MicroSwift, Inc. determines to have committed a second violation of any element of the Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to terminate your account(s) 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 denial of service attacks are originating from your account.
Suspension of Service or Cancellation:
MicroSwift, Inc. reserves the right to suspend network access to any customer if in the judgment of the MicroSwift, Inc. network administrators the customer's server is the source or target of the violation of any of the other terms of the ToS or for any other reason which MicroSwift, Inc. 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 sites were suspended.
MicroSwift, Inc. reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of MicroSwift, Inc. 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.
Indemnification: MicroSwift, Inc. wishes to emphasize that in agreeing to the MicroSwift, Inc. Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies MicroSwift, Inc. for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to MicroSwift, Inc. or the bringing of any claim against MicroSwift, Inc. by any third-party. This means that if MicroSwift, Inc. is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against MicroSwift, Inc., plus all costs and attorney's fees.
Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of MicroSwift, Inc. MicroSwift, Inc. may assign Agreement at anytime without consent from or notice to Subscriber. MicroSwift, Inc reserves right to cancel customers rights under this contract at anytime without further obligation.
MicroSwift, Inc. takes no responsibility for any material input by others and not posted to the MicroSwift, Inc. Network by MicroSwift, Inc. MicroSwift, Inc. is not responsible for the content of any other websites linked to the MicroSwift, Inc. Network; links are provided as Internet navigation tools only. MicroSwift, Inc. disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
MicroSwift, Inc. is not responsible for any damages your business may suffer. MicroSwift, Inc. does not make implied or written warranties for any of our services. MicroSwift, Inc. denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by MicroSwift, Inc.
It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts without prior written approval from MicroSwift, Inc. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
Responsibility for Content:
You, as MicroSwift, Inc.'s customer, are solely responsible for the content stored on and served by your MicroSwift, Inc. site. MicroSwift.com makes it a policy to not 'police' your site, content, or files on your server if at all possible. We will avoid monitoring your content and files as much as possible. However, if we receive reports of illegal activity, we must follow the law and proper channels of action.