TERMS OF SERVICES

REVISED BY SWIFTCLOUDHOSTING ON 30TH MAY 2016

AGREEMENT INFORMATIONS


By using SwiftCloudHosting's ("SwiftCloudHosting", "our", "us" or "we") products and services, you ("you", "your", "Client", "Customer" or "Subscriber") agree to comply with our policies.

SwiftCloudHosting also reserves the right to change and modify the Terms of Service at any time with or without client notification. It is up to the client to periodically check and familiarize himself or herself with the recent Terms of Service. If any client does not comply with the new Terms of Service modifications, his or her service will be terminated.

SwiftCloudHosting reserves the right to cancel, suspend, or terminate any service provided with or without a refund or notice or warning for any reason.

SwiftCloudHosting takes all the necessary measures to keep your data safe. However, SwiftCloudHosting is NOT responsible for lost data, time, income or any other resource due to hardware, software failure or human error. Customer has the full responsibility to keep their data safe and backed up.

In an event of repeated TOS/AUP violation, SwiftCloudHosting may stop the service without a refund. SwiftCloudHosting may or may not provide a backup of the data to the customer based on the circumstances. The customer is fully responsible having an offsite backup of their data.

If SwiftCloudHosting receives any threats from the customer regarding getting an issue on public websites or disputing/charging back the payment to get their way, SwiftCloudHosting will stop the service without a refund. The customer is fully responsible having an offsite backup of their data.

If the customer abuses SwiftCloudHosting's staff in any way, SwiftCloudHosting will stop the service without a refund. SwiftCloudHosting may or may not provide a backup of the data to the customer based on the circumstances. The customer is fully responsible having an offsite backup of their data.

Use Policy

The following are strictly prohibited uses and may result in immediate suspension and/or termination if discovered on your account or any Virtual Private server plans and products available at SwiftCloudHosting:

  • Denial of Service (DoS) attacks
  • Port scanning
  • TOR
  • Torrents
  • Illegal downloads/Piracy
  • CamFrog or any other video chat room - (Only for Virtual Private Servers)
  • Virtual currency (*coin) mining - (Only for Virtual Private Servers)
  • IP spoofing
  • Fake/Replica product websites
  • World Community Grid
  • HYIP websites
  • Booter/Stresser websites
  • HitLeap or any artificial traffic creation
  • Nested Virtualization - (Only for Virtual Private Servers)
  • Any kind of high CPU, IO and network usage - (Only for Virtual Private Servers)
  • Any kind of mass mailing activity, as stated in our Anti-Spam policy.

Please note that the CPU cores are shared on Virtual Private Servers and they are not dedicated to you. We allow you to use all of your cores for your peak times, but you cannot use them for an extended amount of time.

Service Suspension

Upon notification or discovery that the Subscriber is performing actions that violate this Acceptable use Policy/Terms of Service, SwiftCloudHosting will suspend Subscriber's services until the issue has been resolved to SwiftCloudHosting's and/or the notifying party's satisfaction.

SwiftCloudHosting complies with the requirements of the Digital Millenium Copyright Act (DMCA), including for Subscribers that are of foreign heritage and/or operating in a foreign country.

Limitation of Liability

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of SwiftCloudHosting and that damages resulting from any interruption of service are difficult to ascertain.

Subscriber agrees that SwiftCloudHosting shall not be liable for any damages arising from such causes beyond the direct and exclusive control of SwiftCloudHosting. Subscriber further acknowledges that SwiftCloudHosting'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 SwiftCloudHosting be liable for any special or consequential damages, loss or injury. SwiftCloudHosting is not responsible for any damages or loss of income Subscriber's business may suffer.

SwiftCloudHosting does not make implied or written warranties for any of our services. SwiftCloudHosting 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 SwiftCloudHosting.

Account Registration

All new accounts MUST be registered with valid, verifiable information. Any new accounts registered with blatantly false information will be refunded and deleted without notice.

Subscriber must maintain accurate and current identification information with SwiftCloudHosting through the entire term of Subscriber's service with SwiftCloudHosting. Any change in information may be verified by SwiftCloudHosting, and if SwiftCloudHosting is unable to obtain verification, SwiftCloudHosting may suspend or terminate Subscriber's service.

Purchasing services from SwiftCloudHosting while utilizing a VPN or other such methods is strictly forbidden.

SwiftCloudHosting may use a fraud detection service such as MaxMind when registering your new account.

Cancellation

Subscriber must submit cancellation requests from SwiftCloudHosting authenticated client area. SwiftCloudHosting is unable to accept cancellation requests from emails, support tickets sent via unauthenticated means, or live chat. SwiftCloudHosting is unable to grant exceptions. All account credits will be forfeited at the time of cancellation. Subscriber may request that SwiftCloudHosting delete all Subscriber information at the time of cancellation.

Subscriber’s Contact Information

SwiftCloudHosting is not responsible for damages or compensation resulting from Subscriber’s inability to receive communication from SwiftCloudHosting, such as but not limited to notification of downtime, or notification of suspension of Subscriber’s services. From time to time, SwiftCloudHosting may send Subscriber information and/or notices that may or may not be totally relevant to Subscriber; Subscriber may not opt out of these communications.

Refunds

If the Subscriber terminates service with SwiftCloudHosting on good terms prior to the end of the trial period (240 hours starting from the service delivery) of the first Virtual Private Server ordered, SwiftCloudHosting will issue a refund for the full amount paid.

If the Subscriber terminates service with SwiftCloudHosting after the end of the trial period, no refund will be issued.

If SwiftCloudHosting terminates a Subscriber without cause, SwiftCloudHosting will issue a refund for the prorated amount of the Subscriber’s remaining balance, based on factors such as time subscribed, time remaining, and resources utilized. SwiftCloudHosting will not, under any circumstance, issue refunds for accounts that are suspended or terminated due to prohibited content or activities.

The refunds are only available for Virtual Private Server services (VPS). Any other service provided by SwiftCloudHosting is not eligible for a refund.

Due to the costs implied for running a Dedicated Server, all SwiftCloudHosting's dedicated servers and it's related services are under no circumstances refundable. Dedicated Servers subscriptions and sales are all final.
Added funds are not refundable.

Billing

When a Subscriber signs up for service, an invoice will be generated that is due immediately. Service will not commence until Subscriber pays the invoice.

In the event Subscriber pays with a payment that turns out to be fraudulent, Subscriber’s services and account will be terminated immediately and without notice.

If Subscriber initiates a dispute or chargeback, or threatens such action, SwiftCloudHosting may terminate Subscriber’s services immediately and without further notice.

All payments made to SwiftCloudHosting must be made from the same name, or a reasonable similarity thereof, the name on the Subscriber’s account at SwiftCloudHosting. Subscriber may open a billing ticket with SwiftCloudHosting and request permission to pay from a different account, however, this is at SwiftCloudHosting’s discretion.

All existing invoices must be paid before ordering new services. If a Subscriber creates a new order without paying existing invoices, the new services may be terminated and refunded, at SwiftCloudHosting’s discretion.

The first order for a service that a Subscriber subscribes to will be subject to a trial period as specified on our website. This trial period may be rescinded or extended at SwiftCloudHosting’s sole discretion. The trial period is nulled if Subscriber uses more than 90% of their allocated monthly transfer within the trial period.

SwiftCloudHosting may decline to accept an order for service if SwiftCloudHosting determines that the facilities are required for other needs.

Fraud Prevention

SwiftCloudHosting utilizes Maxmind to automatically process all new orders. All new accounts may be subject to a manual account review.

All invoice payments for existing services by Subscriber may be subject to random manual reviews.

In the event that SwiftCloudHosting, during it’s manual reviews, discover any points that SwiftCloudHosting requires further clarification on, SwiftCloudHosting will contact Subscriber via support ticket and/or email, and at SwiftCloudHosting’s discretion, may suspend Subscriber’s services until the verification issue is resolved with Subscriber. In the event that it takes multiple days to resolve a verification issue, SwiftCloudHosting will credit Subscriber’s account with the number of days it took to resolve the issue.

Payment Schedule

SwiftCloudHosting’s automated billing system runs daily at 12:00am Eastern Standard Time.

  • SwiftCloudHosting bills two weeks before the invoice due date.
  • SwiftCloudHosting sends out a payment reminder the same day that the invoice is due.
  • SwiftCloudHosting sends out invoice overdue notices on the first, second, and third day an invoice is overdue.
  • If Subscriber has signed up for a Billing Agreement with PayPal, the service will be automatically billed the day the invoice is due.
  • If Subscriber does not pay the invoice by the 3rd day after the invoice is due, SwiftCloudHosting will suspend Subscriber’s service and a late fee of 10% of the invoice will be issued. Subscriber will be notified that their service has been suspended.
  • If Subscriber does not pay the invoice by the 14th day after the invoice is due, SwiftCloudHosting will terminate Subscriber’s service, without notice. Upon termination, Subscriber’s service data will be deleted without possibility for recovery.
  • It is Subscriber’s responsibility to ensure that steps are taken to receive all email communications from SwiftCloudHosting, and to keep track of due dates for Subscriber’s services. SwiftCloudHosting will not offer compensation downtime stemming from suspension/termination for Subscriber’s lack of responsibility on keeping track of service due dates.

Service Security

Subscriber is required to maintain a secure account, utilizing good security practices. This includes, but is not limited to, choosing and maintaining secure passwords on servers and other services provided by SwiftCloudHosting.

If it is determined that Subscriber is maintaining weak account security, SwiftCloudHosting will, at it’s discretion, suspend or terminate Subscriber’s service, without a refund.

Subscriber agrees to notify SwiftCloudHosting of any unauthorized activity on Subscriber’s account or services, or any other breach of security. Subscriber agrees to take any action necessary to rectify any security issues.

In the event that Subscriber’s service becomes maliciously compromised, SwiftCloudHosting’s sole remedy will be to return Subscriber’s services to their ‘day one’ state. SwiftCloudHosting will offer Subscriber an archive of their data before it is returned to the ‘day one’ state. It is Subscriber’s responsibility to restore Subscriber’s data and software.

Blacklisted IPv4

SwiftCloudHosting Virtual Private Servers and Dedicated Servers may come with Blacklisted IP addresses as a result of another client's harm in the past.
SwiftCloudHosting do not take any actions towards de-listing the IP's in question.

A Virtual Private Server or Dedicated server may use one of their allotted IP addresses as a dedicated IP address for sending mail, and you may switch which IP address is used in order to use an IP that is not blacklisted.
However, if the subscriber is at fault for blacklisting the IP, SwiftCloudHosting will not replace his blacklisted IP with a clean IP address.

It is a better and more effective long term solution to prevent your server from being blacklisted and to actively work with blacklists to request de-listing if it does happen. In the event that the Subscriber would like to de-list his IP, it will be his sole responsibility to do so and work with the organizations in question.

Support

Subscriber is required to submit all support issues via the support ticket system that the Subscriber is given access to upon initiation of service or by submitting to our support email support(at)swiftcloudhosting.com. Submitting support issues via email, phone, live chat, or any other method, may not have speedy resolution. Depending on factors outside of our control, issue resolution may take longer than anticipated. SwiftCloudHosting does not offer compensation for such delays.

Issues may be worked by multiple support techs. Please do not request resolution by a specific tech, as this will delay resolution of Subscriber’s issue.

SwiftCloudHosting will attempt to give an initial support response within the first 24 hour after a ticket was opened.

Data Backup / Preservation

In the event of data loss, SwiftCloudHosting’s default action will be to restore Subscriber’s services to their “day one” state. The “day one” state could simply be back to it's original installation template.

SwiftCloudHosting will not restore backups to any third-party service or network. Additionally, SwiftCloudHosting does not guarantee that backups will be restorable, either to SwiftCloudHosting’s network, or to a third-party.

SwiftCloudHosting does not guarantee that a backup will restore Subscriber’s data to any specific point in time. SwiftCloudHosting will not offer compensation for data lost.

SwiftCloudHosting offers clients to take up to 3 backups manually for disaster recovery purpose based on their services (Not applicable to all service, unless otherwise specified in the product details).

SwiftCloudHosting shall by no means be responsible for data loss.

Unmanaged Service

SwiftCloudHosting’s support will be limited to resolving issues with SwiftCloudHosting’s servers or networks. SwiftCloudHosting will not help with installation, configuration, or troubleshooting of any third-party scripts or software that do not pertain to the management of SwiftCloudHosting’s servers or networks.

Anti-Spam Protection

Any SwiftCloudHosting services that comes with an IP address, such as Dedicated servers and Virtual Private Servers are subject to SwiftCloudHosting’s Anti-Spam Protection. If a Subscriber is caught sending spam email, it's IP address will be blocked from sending any more emails.

In order to prevent abuse of SwiftCloudHosting's network quality, the Subscriber may request once per month to unblock his port, otherwise it will be done automatically each month.

Anti-DDoS Protection

Any SwiftCloudHosting services that comes with an IP address, such as Dedicated servers and Virtual Private Servers are enrolled into SwiftCloudHosting’s Anti-DDoS Protection. If a Subscriber is caught with a Denial Of Service, Distributed Denial of Service or any other type of high bandwidth attack, SwiftCloudHosting will automatically activate the Anti-DDoS protection, which will take measures to mitigate the attack.

For the safety and the good health of our network, we do not remove or whitelist any of our Virtual Private Servers and Dedicated Servers from the Anti-DDoS protection.

DMCA

SwiftCloudHosting requires DMCA notices to be filed via letter or digitally signed email. The complaint must include full contact information in the complaint (including email address and phone number). We may call and verify. Email (unless digitally signed by a verified and trusted third party) is not an acceptable medium for legal complaints. SwiftCloudHosting is committed to making submitting notices of alleged infringement to SwiftCloudHosting as simple as possible, while reducing the number of notices that we receive that are fraudulent, difficult to understand, and/or verify. SwiftCloudHosting may ignore incorrectly formatted notices that do not comply with the requirements of the DMCA. SwiftCloudHosting may request written notification via regular mail, even if sent via digitally signed email, at SwiftCloudHosting’s discretion.

Regardless of whether we may or may not be liable for such infringement, our response(s) to these notices may or may not include removing or suspending access to claimed infringing materials, and/or potentially terminating subscribers. If we disable or suspend access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may submit a counter notification. We may also document notices of alleged infringement that we act upon. Please do note that in addition to your request being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it.

Copyright Infringement Notification

To file a notice of copyright infringement with us, you must provide a written communication (by regular mail or digitally signed email) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format:

  • Identify, in sufficient detail, the copyrighted work that you believe has been infringed upon (for example, “The copyrighted work at issue is the text that appears on http://www.example.com/infringing_page.html”) or other information sufficient to adequately specify the copyrighted work being infringed.
  • Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
  • If you are sending a large number of URLs in one removal request, please also a listing of the URLs in a single list.
  • Provide information reasonably sufficient to permit SwiftCloudHosting to contact you. Phone number and email address are required.
  • Provide information, if possible, sufficient to permit SwiftCloudHosting to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
  • Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  • Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  • Sign the paper.

Send the digitally signed email to the following address:

abuse(at)swiftcloudhosting.com

Excessive Utilization of Resources

SwiftCloudHosting monitors and curtails resource usage that is outside the allotted resources. SwiftCloudHosting, at it’s discretion, will take action against Subscribers using excessive resources, including, but not limited to, billing for resources used, account suspension, account termination.

Spam Policy

  • SwiftCloudHosting does not allow automated email systems on SwiftCloudHosting’s network.
  • Utilizing SwiftCloudHosting’s services to send bulk and/or commercial information, via any methods, is prohibited.
  • Maintaining an open, unsecured SMTP relay is prohibited.
  • Upon receipt of a complaint, SwiftCloudHosting will investigate the issue, and at SwiftCloudHosting’s discretion, will suspend or terminate the Subscriber’s account.
  • SwiftCloudHosting reserves the right to prosecute, and to collect resultant legal fees.

Bandwidth

SwiftCloudHosting server nodes network speed are powered by 1Gbit ports, allowing clients to download up to a maximum of 1Gbit per second. However, SwiftCloudHosting does not guarantee the speed of the network as it is a shared port through all the servers hosted on the Node.

SwiftCloudHosting shall by no means be responsible for network spikes and slower connection to Subscriber Virtual Private Server and Dedicated service.

SwiftCloudHosting advertise a port connection of 1Gbit per second, however we can only guarantee up to 250 mbps of speed at all time for all our Dedicated Server and Virtual Private servers.

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