Terms Of Service
Terms Of Service
Last Revision: 15.10.2014
The use of services from SWDInfotech LLC [hereafter referred to as "SWDInfotech"] constitutes agreement to these terms. SWDInfotech users are entirely liable for all activities conducted through your administrator and all your end clients accounts. The following terms of service are designed to provide the highest level of service available.Our Responsibilities
SWDInfotech™ Networks agrees to furnish services, which are paid for, to the Customer, subject to complete compliance to the AUP and TOS. SWDInfotech™ Networks reserves the right to refuse any potential customer, at the sole discretion of SWDInfotech™ Networks. The failure by a customer to meet or follow any of the policies/terms is grounds for account deactivation. SWDInfotech™ Networks will be the sole arbiter as to what constitutes a violation of the AUP. SWDInfotech reserves the right to remove any account without prior notice.
Changes
The TOS and AUP are both subject to change at any time at the sole discretion of SWDInfotech™ Networks, a change in policy shall not be grounds for early contract termination or non-payment. Customer recognizes that the nature of the service supplied and the initial rates and charges have been communicated to Customer. The Customer is aware that from time to time rates may change based on availability of hardware and overall market fluctuations, if a change is going to in any way alter the recurring monthly bill of a customer, it will be communicated prior to actual billing.
Refunds
Only all hosting services rendered by SWDInfotech™ Networks are eligible for a limited refund. Refund covers the Hosting service plan itself, and does not include any other services such as ssl certificate, domain registration etc. Refunds are only offered within 25-days of account registration, and only applies to the first service of a new client. Additional orders are not eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy. Services that are suspended or terminated due to non-compliance of the AUP and TOS are not eligible for refunds. Refunds will be applicable for valid reason only which can't be solved by us. If you do misbehave with the Support Team (over Chat/Ticket/Phone/Email) that will also waive the refund policy.
Suspension
If any violation of these rules will occur SWDInfotech reserves a right to suspend a violating account. You, as an administrator, will have a permission to reactivate your client account. After the account will be reactivated, you or your client will have 12 hours to resolve the incident. If incident will not be resolved in 12 hours after you will reactivate account or any violation will occur in future by the same account, SWDInfotech reserves a right to terminate violating account and disable client profile (we will not disable your administrator profile, only your end client profile). Root user will always safe from any violated action caused by their end user.
Billing Methodology and Information
SWDInfotech™ Networks invoices for all services 10 days prior to the due date. You are responsible for arranging payment by the due date. Accounts that become past due will be subject to a 10% (ten percent) late fee after 5 days of being overdue. This late fee is non-negotiable and will be automatically added to any overdue invoices. After an invoice becomes 20 days past due, all services affiliated with the invoice are subject to immediate termination. Excessive tardiness will not be tolerated and could result in services being terminated or additional late fees being assessed.
Fraud
In the event fraud is discovered, the fraudulent customer is subject to immediate suspension/termination at the sole discretion of SWDInfotech™ Networks. All information available to SWDInfotech™ Networks about the fraudulent account will be submitted to both local authorities, as well any financial institutions involved. All fraud orders are investigated, and all fraudulent customers will be prosecuted to the fullest extent of the law, whether it is within the United States, or abroad.
Disputes and Chargebacks
The Customer acknowledges that any attempt to dispute or initiate a chargeback with Paypal, Payza, Skrill or their Credit Card issuer will result in a suspension of all services and a fine of $100 will be assessed to the customer's account. A chargeback imposed under false pretenses is considered Fraudulent and will be treated as such.
Financial Liability
The Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of SWDInfotech™ Networks, and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the Customer agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of SWDInfotech™ Networks. The Customer further acknowledges that SWDInfotech™ Networks'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. Any attempt to violate TOS/AUP agreement is strictly prohibited and may result in immediate termination of services rendered by SWDInfotech without refund. SWDInfotech is the sole arbiter as to what constitutes a violation of the above provisions. A fine of one-hundred-fifty (150) USD may be implemented for intentional server abuse, tos/aup violation.
Support
SWDInfotech™ Networks provides hardware support related to customers server functioning. SWDInfotech™ Networks does not offer software support if the service is not Fully Managed. SWDInfotech™ Networks only guarantees the default installation of any software under fully managed hosting, and in no way assumes liability for the configuration of any software. SWDInfotech™ Networks is not responsible for any data loss associated with mis-configuration of scripts. SWDInfotech™ Networks may provide enhanced site development support (including script configuration and integration), for an additional fee. Please ask sales or billing for enhanced site build-up support pricing. Hosting customers may request for new php extensions or, features on support ticket. SWDInfotech™ Networks does not provide any type of Support to the Customers of our Customers (Third Party Customers). We will only provide support directly to Customers of SWDInfotech™ Networks.
Data and Backups
We perform weekly backups on all of our servers to ensure critical files are never lost. Our servers having Hardware Raid10 array enabled Harddrives, so primary drives data also mirroring on secondary drives. Our server does not create daily backups for users sites, you must manually create a backup that you may download on your own, we do not restore a file any user has accidentally deleted or modified. The back-up restoration is for emergency procedures only. You are advised to backup all of your own files to your local drive. We are not responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups.
Transfer / Migration
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. Free transfer facilities are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote. SWDInfotech reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
DMCA Complaints
SWDInfotech™ Networks handles any and all DMCA complaints very seriously, and will investigate them. SWDInfotech™ Networks reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email at abuse@SWDInfotech.com with brief information. If the request is of a licensing issue, we may require further documentation. We take DMCA Complaints extremely seriously, save yourself and us the trouble. Click here < to get instructions for DMCA and Abuse complain procedure.
Usage and Overages
Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceed warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.SWDInfotech™ Networks web hosting accounts are not to be used for the purposes of distributing and/or storing an unusual amount of files. We are a web hosting provider not a remote file storage provider. Any web site whose disk space usage for storing the files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of files. At that point, if we find that those files are illegal or harmful in any way, you will be notified. If you do not have any negative intentions such as causing harm to our server or to others with the files you keep, then you have nothing to worry about.
Customer's programs and services may not use more than 90% of one CPU core per process thread for more than 15 minutes. Customer's programs and services will be limited to 90% of 1 CPU core if found to be using more than 90% of one CPU core per process thread. Subscriber's programs and services may not use more than 200% of two CPU cores for more than 2 minutes.
IP Blacklists
If any Customer or any Third Party User that is a customer of our Customer uses SWDInfotech™ Networks services, network, or its physical Information in a manner that causes SWDInfotech™ Networks, or any IPs issued by SWDInfotech™ Networks to be blacklisted or blocked, SWDInfotech™ Networks reserves the right to suspend or terminate services of such customer and/or suspend or terminate the access to services, network, and/or its physical Information. Operating SWDInfotech™ Networks service on behalf of, or in connection with or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.
Security
Users are prohibited from violating or attempting to violate the security of the SWDInfotech™ Networks. Violations of system or network security may result in civil or criminal liability. SWDInfotech™ Networks will investigate occurrences, which may involve cooperation with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:1) Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access,
2) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
3) Attempting to interfere with service to any user, host or network, including, without limitation, via means of 'overloading', 'flooding', 'mail bombing' or 'crashing',
4) Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting,
5) Taking any action in order to obtain services to which such User is not entitled,
6) Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations,
Each hosting package purchased is unique to a do main name and use - you are not allowed to purchase multiple plans to obtain combined bandwidth & space. SWDInfotech™ Networks will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.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, probe, or scan of a 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 and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Denial of Service Attacks
Any activity which affects the ability of other people or systems to use any services or other Internet services. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the client's responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination.
Liabilities
SWDInfotech™ Networks, makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall SWDInfotech™ Networks be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of this web site or from any information, services or products provided through your web site. We are not responsible for any content on any server in our network and will not take any action against any questionable material or action until the website in question is brought to our attention by emailing us.
Payment Verification
Customers agree to potentially having to submit to fraud checking measures, designed for both the security of the customer as well as the security of SWDInfotech™ Networks. The fraud checks require scan copy of CreditCard Authorization Form by SWDInfotech™ Networks, a front side screenshot of the Credit Card used as payment, as well as a valid scan copy of recent photo ID (Passport/Driving License/Student ID). We may ask for Payment Verification if payment done by Credit/Debit Cards and Payza. If payment made from unverified PayPal accounts, we may ask for verification documents as well.