User-Supplied Content
All services may be used for lawful purposes only. Through
Swerling.net's Service, you may have access to chat areas, bulletin
boards, web pages, email, or other services that enable you to send
or post materials ("content") and make that content
available to others. You must not submit, publish, or display on the
Network any defamatory, inaccurate, abusive, obscene, infringing, or
threatening content. In addition, you may not submit, publish, or
display any content that violates any US Federal, State, or Local
law. You are solely responsible for the content you make accessible
through the Swerling.net Network. You may not use the Service to
assist any other person or entity to violate any Federal, State, or
Local laws, ordinances, or regulations.
Swerling.net is not obligated to monitor the network to examine
available content. You hereby acknowledge that if we are made aware
of content that is determined to be, in its sole discretion,
unacceptable, undesirable, offensive, indecent, obscene, excessively
violent or otherwise objectionable, Swerling.net has the right, but
not the obligation, to edit, remove or deny access to such content.
Swerling.net may disclose any content or records concerning
customer's account as required to satisfy any law, regulation,
governmental request or court order.
Pornography and sex-related merchandising are prohibited on all
Swerling.net servers. This includes sites that may infer sexual
content, display nudity, or link to adult content elsewhere. This is
also true for sites that promote any illegal activity or content
that may be damaging to Swerling.net's servers or any other server
on the Internet. Links to such materials are also prohibited. In
addition, any site selling or promoting bulk email service is not
allowed. Below are some examples of non-acceptable content or links:
- Adult Sites - Any erotic or pornographic material, links to
adult sites, or advertisements for adult sites.
- Pirated Software (Warez) - Any software that is copyrighted
and not freely available for distribution without cost; i.e.
ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
- Copyright Violations - Violation of copyrights held by
individuals and corporations or other entities can result in
civil and criminal liability for the infringer.
- Hacking/Phreaking - Includes sites with material, links, or
resources for hacking, phreaking, viruses, anarchy, or any type
of site that promotes or participates in willful harm to
Internet sites or providers.
Network Security
Customers may not use the Swerling.net Network with an attempt to
circumvent user authentication or security of any host, network, or
account. This includes, but is not limited to, accessing data not
intended for the customer, logging into a server or account the
customer is not expressly authorized to access, password cracking,
probing the security of other networks in search of weakness, or
violation of any other organization's security policy. Customers may
not attempt to interfere or deny service to any user, host, or
network. This includes, but is not limited to, flooding, mail
bombing, or other deliberate attempts to overload or crash a host or
network. Swerling.net will cooperate fully with investigations of
violations of systems or network security at other sites, including
cooperating with law enforcement authorities in the investigation of
suspected criminal violations. Users who violate system or network
security may incur criminal or civil liability.
CGI Scripts
Each Swerling.net account comes fully equipped with its own
pre-configured CGI-Bin. Customers are free to use any CGI-scripts
provided with their account or add any additional ones they require.
Any CGI-scripts deemed to be adversely affecting the server
performance or the network integrity may be shut down without prior
notice. CGI-script sharing with domains not hosted by Swerling.net
is not allowed.
Chat Rooms
Swerling.net prohibits its customers from installing outside chat
rooms on their domain, as these tend to be a resource problem.
Swerling.net does provide its customers a choice of Java chat rooms
to choose from for a nominal monthly charge. These chat rooms were
designed to meet the growing needs of customers and function without
hindering the performance of the servers for others.
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 an option of either upgrading their service level or
reducing the resource used to an acceptable level.
Background Running Programs
Background daemons in general are prohibited. Swerling.net will
consider requests on a per-application basis. If allowed, extra
charges will be assessed based on resource requirements for system
maintenance.
IRC
Swerling.net currently prohibits its customers from operating IRC or
IRC Bots on any of the servers in the Swerling.net Network.
Commercial Advertising/ Mass Mailings
You must not use the Swerling.net Network, Swerling.net equipment or
any Swerling.net email address in connection with the transmission
of spam, flames, mail bombs, or substantially similar, unsolicited
email messages. Your domain may not be referenced as originator,
intermediary, or reply-to address in any of the above. This
prohibition extends to the sending of unsolicited mass mailings from
another service that in any way implicates the use of the
Swerling.net Network, Swerling.net equipment or any Swerling.net
email address. A message is considered unsolicited if it is posted
in violation of a newsgroup charter or if it is sent to a recipient
who has not requested or invited the message. For purposes of this
provision, merely making one's email address accessible to the
public will not constitute a request or invitation to receive
messages.
If you are found to have spammed, without warning, Swerling.net
reserves the right to disable your domain. In addition, Swerling.net
may impose a $100 penalty for each spam policy violation.
Swerling.net solely reserves the right to refuse or cancel service
to known spammers. Lastly, Swerling.net reserves the right to
determine what violates this policy. As such, any violation may
result in cancellation of services without refund.
Distribution and/or Transmission of Obscene or Indecent Speech
or Materials
Violation of indecency and obscenity laws can result in criminal
penalties.
Intellectual Property Rights
Material accessible to you through Swerling.net's Services may be
subject to protection under the United States or other copyright
laws, or laws protecting trademarks, trade secrets or proprietary
information. Except when expressly permitted by the owner of such
rights, you must not use the Swerling.net Service in a manner that
would infringe, violate, dilute or misappropriate any such rights,
with respect to any material, which you access or receive through
the Swerling.net Network. If you use a domain name in connection
with the Swerling.net Service or similar service, you must not use
that domain name in violation of any trademark, service mark, or
similar rights of any third party.
Defamation
Defamatory speech distributed over the Internet can result in civil
liability for the defamer.
Refusal of Service
Swerling.net reserves the right at its sole discretion to refuse or
cancel service. Violation of any of Swerling.net's Rules and
Regulations could result in a warning, suspension, or possible
account termination. Accounts terminated due to policy violations
will not be refunded.
Service Cancellation
To authenticate a cancellation request, you must request and fill out
our Cancellation Of Service Form. If this is not possible, you may fax the notice
to 781.843.2277 or mail the cancellation notice to Swerling.net, 15
Brow Avenue, Braintree, MA, 02184. You must include your
account email address, account name, account password and the domain
on which you want to cancel the hosting.
We cannot accept cancellation requests over the phone for
security reasons.
Indemnification
Customer agrees that it will protect, indemnify, save and hold
Swerling.net harmless from any and all stipulations, liabilities,
losses, expenses and claims, as well as reasonable attorney's fees
assessed against Swerling.net, its agents, customers, officers,
employees and administration that may arise or result from any
service provided or performed or agreed to be performed or any
product sold by it's customers, agents, employees or assigns.
Customer agrees to defend, indemnify and hold Swerling.net harmless
against liabilities arising out of; (1) any injury to person or
property caused by any products sold or distributed in association
with Swerling.net's Services; (2) any material furnished by customer
infringing or allegedly infringing on the proprietary rights of a
third party; (3) copyright violation and any defective products sold
to a customer from Swerling.net's Services.
Disclaimer
Swerling.net will not be responsible for any damages your business
may suffer. Swerling.net makes no warranties of any kind, expressed
or implied for services we provide. Swerling.net disclaims any
warranty or merchantability or fitness for a particular purpose.
This includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions caused by
Swerling.net and its employees. Swerling.net reserves the right to
amend or update these policies without notice. Failure to follow any
terms and conditions may result in account deactivation.
Swerling.net furthermore expects that its customers who provide
Internet services to others will fully comply with all applicable
laws concerning the privacy of online communications. A customer's
failure to comply with those laws will violate this policy. Finally,
Swerling.net wishes to emphasize that in accepting services,
customers indemnify Swerling.net for the violation of any law or
Swerling.net policy, that results in loss to Swerling.net or the
bringing of any claim against Swerling.net. This means that if
Swerling.net is sued because of activities of the customer that
violate any law, or this policy, the customer will pay any damages
awarded against Swerling.net, plus costs and reasonable attorneys'
fees.
