SWD Infotech reserves the right to refuse service and/or access to its servers to anyone.
 

Sites Not Allowed:
Illegal activities including but not limited to storing and/or distributing illegal copies of copyrighted software, warez sites, violations of copyrights and trademarks, violations of U.S. laws, selling and/or distributing illegal contraband, Proxy Scripts and or websites / Anonymizers, IRC Bots, image hosting only sites without a domain name, Escrow Sites, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites and or archives, programs.

However, we will allow usage of nulled scripts and warez indexing websites untill specific site is reported. Client is completly responsible for nulled script/warez linking usage. On report confilct website will be suspended untill conflict content/file is removed.

Internet abuse including but not limited to spamming - mass unsolicited Emailing, distribution of mass emailing programs, cross-posting messages to large number of usenet groups, posting obscene or inflammatory messages, threatening other Internet users, mail bombing Internet users, running packet sniffers or port scanners, and spamming our support staff. Spammers are held responsible for a $50 dollar clean up fee.
Systems abuse including but not limited to use of excessive CPU resources, use of excessive disk space, use of excessive email storage space, hacking our systems, installing continuously running programs, such as IRC bots, and reselling CGI scripts. File hosting, backup hosting and storage, explicit disk usage for testing usage are not allowed.

Should a policy violation occur, SWD Infotech reserves the right to terminate the account without notice and without any refunds. The policy violating client will be held responsible for any damages to SWD Infotech's system, servers, connectivity, reputation, business, service, network, operations, or equipment. The policy violator may be charged a $50 clean up fee.
 

Web Site Content:
The client is responsible for keeping a copy of their most current web site files as backup on a remote system (not on SWD Infotech servers). SWD Infotech is not responsible for any lost files, information, or data.
 

System Updates:
The client understands that system updates occur in real-time and as queued batch processes. For example, account passwords are currently updated as queued batch processes, therefore the update does not occur in the system instantaneously. SWD Infotech reserves the right to modify the processing times at any time without notice. If a client or SWD Infotech support personnel (when authorized by client) makes any modifications to a hosting account, the client is responsible to make sure these updates have occurred in our system.
 

Non Reseller Hosting Account Disk Space Usage:
90% or more of your content on your website must be linked from an HTML, PHP or similarly coded web page where all content is freely available to the public. Your website must consist of web pages of a standard design, essentially HTML based text and graphics. Downloadable files, media, streaming content or any file which consumes more than 10000kb of space must not exceed 10% of your total used disk usage.
Resource Usage:
Users may not:
1) Use 25% or more of system resources for longer than 90 seconds.
2) Run IRCD or standalone server side unattended processes.
3) Run cron jobs that in intervals of less than 15 minutes.
4) Run gaming servers, process game server stats, teamspeak, ventrillo or any other voice application, torrents, torrent related sites, trackers or applications.
5) Run any processes related to or that interface with IRC programs and or networks.
6) Run any kind of web indexer or web spider.
7) Repeatedly create and delete large numbers of files on a regular basis causing system damage.
8) Chat scripts and chat servers.
Support:
Free customer technical support is provided via our helpdesk (http://swdinfotech.com). Technical support emails will be answered within 24 hours. Billing inquiries will be answered within one business day. Client agrees not to spam support.
 

Payment Policy:
All services are on a monthly, quarterly or yearly and bi-yearly prepayment basis.
SWD Infotech only accepts paypal/alertpay payments at this time.
Service is activated only after receipt of payment.
Once an order is successfully submitted, the client is subject to SWD Infotech refund policy.
SWD Infotech reserves the right to change pricing schedule at any time.
Invoices are emailed at least 3 days before due. You will then receive a reminder 1 day before due if invoice is still not paid.
Invoices not paid on due date will receive a reminder on the 1st, 5th, and 6th day after invoice is due.
After 3 days past due a 10% late fee will be added to invoice.
Also after 2 days past due your service will be suspended, including clients sub-accounts.
After 10 days past due your account will be terminated.
 

Additional Features:
Additional features can be added at any time. When a feature is added, the client is assessed charges for the month and every upcoming month until the end of their billing cycle. Feature prices are not prorated.
Some services are charged pro-rata as required by datacenter. For example VPS plans are charged pro-rata, and charge next month is set to 15th of month.
 

Account Reactivation:
If an account was cancelled due to client request or billing issues and the client desires to reactivate the account, a non-refundable reactivation fee of $10 will be required prior to account reactivation. Accounts are reactivated after all outstanding charges are paid, including outstanding hosting charges.
If an account was cancelled due to policy violation, SWD Infotech will not reactivate the account.
 

Refund Policy:
SWD Infotech offers a 15 day money back guarantee for web hosting services, shoutcast service only. Once the first 15 days have passed there are no prorated refunds. For semi-anually and yearly payments 30 days money back guarantee is active.
Refund policy apply for first time clients/accounts and not active on next month of same service/client. Policy doesnt apply for second ... month of service( monthly payment).
There are no refunds for domain registration services and VPS/dedicated server plans.
If SWD Infotech terminates an account due to Terms of Service policy violations, there will be no refund.
The fees for additional features are non-refundable.
 

Cancellation:
SWD Infotech reserves the right to terminate service at any time. If an account is terminated for a policy violation there will be no refund. The policy violator may be assessed a $10 dollar clean up fee. SWD Infotech reserves the right to delete the policy violating web site content without notice.
Customers can cancel service at any time. Account cancellations are not accepted via email. All account cancellations are to be requested through the our helpdesk.

VPS/dedicated server plans must be cancelled at least 30 day before. Else another month of service will be charged as required by datacenter.

NOTE* If VPS is cancelled till 14th of the month, no next month charge will be applyed!

First time customers that cancel within the first 15 days of service are eligible for a refund per our 15 day money back guarantee. The 15 day money back guarantee applies to web hosting, shoutcast fees only.
If the client requests cancellation, their account will be terminated immediately. SWD Infotech reserves the right to delete the web site contents without notice.
 

Disclaimer:
SWD Infotech is not responsible for any damages to any client's business. SWD Infotech makes no warranties or guarantees of any kind, expressed or implied for services that we provide. Use of SWD Infotech 's web hosting and email service is at the client's sole risk. SWD Infotech 's services are provided on an "as is, as available" basis.
SWD Infotech does not guarantee that our services will be uninterrupted or error free. SWD Infotech will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions.
In no circumstance will SWD Infotech be liable for any claims resulting from the use or inability to use SWD Infotech 's services - including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to SWD Infotech servers, Inter NIC problems, DNS caching, Internet bandwidth congestion, power failures, vandalism, and natural disasters.
SWD Infotech reserves the right to revise our policies at any time.

Acceptable Use Policy
 

Illegal Usage
SWD Infotech servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. Any type of forum/discussion board discussing where to obtain such files or one that distributes the files is also prohibited. The subscriber to SWD Infotech service agrees to indemnify and hold harmless SWD Infotech from any claims resulting from the use of the service that damages the subscriber or any other party. SWD Infotech will be the sole arbiter as to what constitutes a violation of this provision.
 

Illegal Content
SWD Infotech does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation. No warez is allowed(warez indexing see abowe). Web proxies are not tolerated. This includes NPH-Proxy, and web proxy. If your site is found to hold any proxy files, your account will be suspended and the account holder will be issued a fee of $10 USD. When using an account with shell, you are not allowed to run ANY servers or services on the SWD Infotech network. Servers are defined as perlbots, proxies, BitchX, psyBnc, root exploits, DDoS scripts, Shoutcast servers, etc. Running any of these will face an immediate suspension, and users will be subject to a fine no less than $25.00 USD, and no more than $50.00 USD. SWD Infotech reserves the right to terminate an account for these activities also.
 

Software Distribution
SWD Infotech web hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact our sales for special arrangement.

File Usage and Storage
SWD Infotech web hosting accounts are not to be used for the purposes of distributing and/or storing an unusual amount of files or testing purpose. We are a web hosting service not a remote file storage service. 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.
 

Chat Rooms
SWD Infotech does not provide nor allow chat rooms on shared hosting enviroments. You may elect for a dedicated server or VPS to run a chat room efficiently.
IRC
SWD Infotech does not allow IRC or IRC bots to be operated on our shared or reseller servers. They are allowed on dedicated servers provided that no negative effects occur to our network.
 

Security
Users are prohibited from violating or attempting to violate the security of the SWD Infotech Network. Violations of system or network security may result in civil or criminal liability. SWD Infotech 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. SWD Infotech 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.
 

Server Abuse
Any attempts to undermine or cause harm to a SWD Infotech server or customer of SWD Infotech is strictly prohibited. Any sub-networks of SWD Infotech and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.
 

Free Hosting Sites
SWD Infotech believes in the freedom of hosting. We do allow our users to run Free Hosting sites, though for having lots abuses and resources delegation SWD Infotech reserves the rights to set a limit over an account if abuse department approves the account as a “FREE HOSTING PROVIDER”. Usually for a free hosting provider a 200 domains limit is eligible if and only if the provider is a TLD Free domain hosting provider, if the provider is a subdomain hosting (FREE) then the limit is set to 100 domains usually. We do not block free hosting services like other hosting providers though, for abuse and resource limitation on a premium server this policy is applied.
 

Responsibility
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of SWD Infotech ’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of SWD Infotech to provide this knowledge or support outside matter specific to SWD Infotech servers.
 

Backups
SWD Infotech takes extreme steps to maintain system integrity. However, SWD Infotech shall not be held responsible for loss of data due to any cause. To ensure the highest level of data protection, SWD Infotech recommends that ALL information be backed up on your own computer. As with any data that you hold a high importance to, it should be in more than one location at all times. All SWD Infotech data backups are designed against hardware failure not customer user error.
 

Actions
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. SWD Infotech will be the sole arbiter as to what constitutes a violation of the AUP. SWD Infotech reserves the right to remove any account without prior notice.

•When SWD Infotech becomes aware of an alleged violation of its AUP, SWD Infotech will initiate an investigation. During the investigation, SWD Infotech may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, SWD Infotech 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, SWD Infotech will notify the appropriate law enforcement authorities of such violation.
•SWD Infotech does not issue credits for outages incurred through service disablement resulting from AUP violations.
•SWD Infotech customers agree to indemnify and hold harmless SWD Infotech from any claims resulting from the use of our services that damages them or any other party. The SWD Infotech 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. SWD Infotech expressly disclaims any representation or warranty that the SWD Infotech service will be error-free, secure or uninterrupted. No oral advice or written information given by SWD Infotech, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. SWD Infotech 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
SWD Infotech reserves the right to add, delete, or modify any provision of this policy at any time without notice.
 

Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion. An example of refusal of service is if an account continues to abuse our policies after warnings. Refusal, cancellation or suspension of services especially holds true to issues with spam or any script abuse. Another example of refusal of service is if a customer becomes very unreasonable, unprofessional, extremely difficult to work with or threatening. Said customer’s account will be suspended and we will recommend to the customer to find a new host. A backup of the account(s) will be provided.
 

Resource Abuse Policy (RAP)
Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given an option to pay for a dedicated/VPS server. The abuse and misuse of system resources is a serious problem, and SWD Infotech does not tolerate it. Accounts on a shared server must be shared with other users, so we must limit how much of the CPU and memory that can be used by any one account.
In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU & memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP and more. If the CPU & memory usage by a few clients gets out of hand, all sites hosted on the machine will return errors and not be accessible in any way.
 

AVERAGE SERVER RESOURCE LIMITS
Memory usage may not exceed 15% per domain/file/application.
CPU usage may not exceed 15% per domain/file/application.
Apache connections may not exceed 40 connections.
20 MySQL maximum user connections allowed.
200 emails per hour, per domain.
There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time a server is unstable and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a dedicated/VPS server so the website can grow at a normal rate without restriction.

If you have any question please fell free to contact us.

SWD Infotech