Server Resources*

Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. SWCHOST shall be the sole arbiter of what is considered to be a high server usage level. Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

CGI Scripts*

CGI script sharing with domains not hosted by SWCHOST is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Chat Rooms*

SWCHOST does not allow customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option.

IRC

SWCHOST does not allow IRC or IRC bots to be operated on our servers.

SPAM

Spamming, the sending of unsolicited mass email from or through a SWCHOST server or using an email address that is maintained on a SWCHOST machine is STRICTLY prohibited. SWCHOST will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a web site hosted on a SWCHOST server. Violators will be assessed a minimum fine of $200 and will face immediate suspension.

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site.

Server Abuse

Any attempts to undermine or cause harm to a SWCHOST server or customer are strictly prohibited.

DSL Use

The ability to provide broadband products such as DSL at such a low price point is due to ISP’s “oversubscribing” their high capacity lines. This is necessary to ensure profitability and provide a high level of support to our Customers. In consideration of the above points, SWCHOST does not allow customers to abuse bandwidth. Abuse of bandwidth is defined as utilizing a significant amount of available bandwidth for long periods of time.

SWCHOST reserves the right to temporarily limit customer’s bandwidth as necessary in order to regulate available bandwidth.

Software Distribution*

SWCHOST's shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@SWCHOST.com to make special arrangements.

Actions Taken by SWCHOST

The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. SWCHOST will be the sole arbiter as to what constitutes a violation of the Terms of Use. SWCHOST reserves the right to remove any account without prior notice. When SWCHOST becomes aware of an alleged violation of its Terms of Use, SWCHOST will initiate an investigation. During the investigation, SWCHOST may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, SWCHOST may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, SWCHOST will notify the appropriate law enforcement authorities of such violation.

SWCHOST does not issue credits for outages incurred through service disablement resulting from Terms of Use violations.

SWCHOST customers agree to indemnify and hold harmless SWCHOST from any claims resulting from the use of our services that damages them or any other party. The SWCHOST service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. SWCHOST expressly disclaims any representation or warranty that the SWCHOST service will be error-free, secure or uninterrupted. No oral advice or written information given by SWCHOST, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. SWCHOST and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification

SWCHOST reserves the right to add, delete, or modify any provision of its Terms of Use at any time without notice.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A SWCHOST, INC. CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

Complaints regarding Illegal Use or System or Network Security issues should be sent to security@SWCHOST.com.

Complaints regarding email abuse should be sent to abuse@SWCHOST.com

Complaints regarding USENET abuse or SPAM should be sent to abuse@SWCHOST.com