Service Terms & Usage Policy

General:
Services provided by Swhosting.ie may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State, or City law is prohibited.

The subscriber agrees to indemnify and hold harmless Swhosting.ie from any claims resulting from the use of the service which damages the subscriber or any other party.

Content:
Examples of unacceptable content include, but are not limited to:

• Copyrighted media, without authority to distribute or display.
• Unlicensed applications, Cracking programs or key generators.
• Child pornography or kidnapping material are Strictly Forbidden.
• Fraudulent activity, phishing, pyramid schemes, Ponzi, HYIP, chain letters, forgery, or impersonation.
• Terrorist propaganda, racist material, or bomb/weapon instructions.
• Virus/Virii, Spyware, Malware, or other infectious material.
• Material protected by trade secret or other statute.

Additionally, Swhosting.ie prohibits:

• IRC and associated programs (including psybnc, "bots", etc...)
• Scripts commonly used for abuse, attacks, or flooding
• Threatening, harrassing, or obscene content.
• Hacking instructions/scripting code.

*Links to unacceptable content, as defined above, are also prohibited.

Online Activity:
Any attempts to undermine or cause harm to the Swhosting.ie equipment, network, operations, or clientele is STRICTLY prohibited. Swhosting.ie will pursue legal action to the fullest extent for all abuse/violation of such.

Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of Swhosting.ie, is prohibited.

This includes, but is not limited to:

• Denial of Service Attacks (DOS/DDOS)
• Unnecessary Port Scans
• Mail Bombing
• Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc..
• Open public Proxy services (proxy must use a user login system)

Bulk Email:
We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the Swhosting.ie network, or spamvertising (unsolicited advertising of) sites hosted on the Swhosting.ie network is STRICTLY prohibited.

Legitimate bulk email meets the following criteria:

1) The recipient has confirmed his willingness to be added to the distribution list of the mailing, by responding to a verification email, or, otherwise, verifiably confirming permission. (Evidence of such must be retained and available by request.)

2) Messages include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained.

All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription.

If Swhosting.ie approaches a client for evidence of confirmation, this request must be honoured within 24 hours.

Failure to meet the acceptable criteria for bulk mail may lead to immediate account termination without notice.

Additionally, if such actions have caused mail servers or IP address ranges on the Swhosting.ie network to be blacklisted, Swhosting.ie reserves the right to assess a $100 charge to the customer account. This fee is set to cover administrative costs associated with removal from such lists.

Please make an effort to limit outgoing mail on your account to no more than 3,500 emails per hour. Swhosting.ie place a limit of 3,500 emails per hour per shared hosting account. If you intend to send more than this, please inform us before hand.

Policy Violations:
Swhosting.ie may, at any time, audit systems for any data/activity showing potential policy violations.

Warnings: The Swhosting.ie Abuse Dept makes an attempt to contact the client, via email/helpdesk, when the first sign of a possible violation is noted. These alerts are a courtesy. Responses to such alerts are required. If an alert is received from any Swhosting.ie staff member, the client is responsible for acknowledging his/her understanding and citing any action planned or taken, within 1/6/12/24 hours of the notice depending on severity. Failure to do so will lead to suspension. Repeated failure to do so may result in termination.

NOTE : There is a $5.00 USD charge for each valid abuse complaint received against a clients account if there are more than 2 complaints within a month. This is to cover administration time in processing/investigating these complaints.

Note: It is extremely important to ensure that the email address on record with the Swhosting.ie Customer area is valid. This is the address used for abuse notifications and warnings.

Suspension/Deactivation:
If any terms or conditions are failed to be followed, the client risks service suspension or termination. Swhosting.ie reserves the right to remove any account, without prior notice. If Swhosting.ie deactivates an account for violating policy, the client will forfeit any rights to a refund. No refunds for advance payments will be granted for deactivated accounts.

Reactivation:
If a service is suspended, the client may be required to pay a reactivation/late fee of between $5.00 - $25.00.

Unauthorized Usage:
In any case involving unauthorized parties utilizing a SwHosting.ie service for abuse/violations, the client will be responsible for stopping all affected applications, until the source of the problem is found and corrected. SwHosting.ie may opt to disable all services until the client can perform such an investigation. If the technical support of SwHosting.ie is required for the investigation, the client agrees to compensate SwHosting.ie at a rate of $75/hour for such services performed, if such services are not included in the client's current support service package.

In general, the client is responsible for maintaining a secure system. This includes, but is not limited to:

• Applying kernel updates
• Applying application patches
• Securing disk partitions
• Blocking Unused ports

Additionally, SwHosting.ie will not be responsible for securing third-party applications.

The client is expected to monitor his/her system(s) and/or service(s). Resource usage should be maintained within the level outlined in the service contract. Abuse caused by end-users or unauthorized parties may increase resource usage and it should be noted that overage fees may apply.

Data Backups:
Swhosting.ie offer a range of data backup services for its clientele. Shared hosting customers can avail of remote data backups made daily for a $5 monthly fee. VPS/Dedicated/Colocation customers can avail of remote backup space from just $10 monthly per 10GB. Customers who do not wish to use our backup services can instead opt to make their own backups in case of hardware failure resulting in data loss. Swhosting.ie are not responsible for any data loss for such clients.

Resource Usage:
Swhosting.ie will be the sole arbiter as to what constitutes a violation of resource usage limitations.

Bandwidth : Overage fees will apply to any service utilizing more than it's assigned bandwidth allocation, except for those services advertised/sold as "UNMETERED". Overages will be calculated based on overall amount of GigaBytes (GB) transferred in a monthly period, unless a service is sold based on Megabits per Second (MBPS). Services sold by MBPS, will be calculated via the industry standard 95% method, unless specified in contract otherwise. MRTG or other bandwidth reporting is available upon request for all services. Client is responsible for all usage, and any corresponding overages fees, that result from a service that may be hacked and/or flooding. Swhosting.ie may require a deposit should a client utilize/require large amounts of bandwidth beyond their standard bandwidth allocation.

Virtual Private Servers (VPS) : To maintain the integrity of our service, VPS service that utilizes heavy amounts of system resources may be required to be upgraded, or, Swhosting.ie may relocate your site to a different server and/or IP address, to reduce the load on the server on which you are currently residing.

Backup Service: To maintain the integrity of our service, Swhosting.ie may relocate your backup service to a different server and/or IP address, to reduce the load on the server on which you are currently residing. Download/FTP sites, web-serving (httpd), and/or usage that results in heavy upstream/outgoing bandwidth consumption beyond that of normal backup operations is not permitted on the backup service. This service is meant for the backup/restore/sharing/storing of data/files, and not for usage normally performed by web/database servers.

Refunds:
SwHosting apply refunds to shared hosting customers only. That is, any customer who purchases a shared hosting account, reseller hosting account or VPS hosting account, is entitled to a refund if satisfaction is not met within the first 15 days of service. All other services by SwHosting are non refundable, including, but not limited to, dedicated servers, domain registration and SSL certificates. Accounts/Orders suspended due to abuse issues, are non refundable. Control panel licenses ordered with VPS accounts are also non refundable.

E-gold and Moneybookers payments are refunded into customers billing account balance and can be used on new invoices or orders. They are not directly refundable.

Idle Timeouts:
Swhosting.ie may automatically disconnect any idle connection to the network.
Average timeouts are:
FTP - 300 seconds
Telnet/SSH - 2 hours

Abusive Clientele:
Swhosting.ie may at it's discretion suspend or terminate service of any client that is abusive/harassing to Swhosting.ie and/or Swhosting.ie employees. Examples of such activity include, but are not limited to:

• Verbal abuse - cursing, yelling, threatening, etc...Ongoing disregard for warnings or notices
• Consistent mistakes/errors/changes causing unnecessary workload
• Spamming Swhosting.ie email addresses, ticket systems, or servers
• Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage
• Consistent late payments or responses
• Issuing a chargeback or bouncing a payment
• Continuous activation of problematic end-users
• Activity which affects the service(s) of other Swhosting.ie clientele

Payments:
All services sold by Swhosting.ie are pre-paid. It is the clients responsibility to ensure payments for all services in their account are received before the due date. Swhosting.ie create invoices in each customer's account 5 days before due date. Failing to pay an invoice before it's due date will result in service suspension and a $5.00 late fee applied to the invoice. All unpaid accounts are turned over to a third party international debt collections agency for retrieval. Client will be responsible for any fee's associated with this process.

Cancellations:
All cancelation requests must be received by our cancelation department 5 days before renewal dates.

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