By using Swift Programming web hosting services, you agree to comply with our
Acceptable Use Policy. You are expected to have access to a computer which is
connected to the Internet to use our services and we expect you to possess a
basic knowledge of the Internet and computer function. The spirit of this policy
is to guide you to use our services with due regard to the rights of other
Internet users and in conformity with our network environment.
Definitions:
Provider: Swift Programming
User: In the instance where company name/association name is provided at first User sign up,
the User will be the Company/Association. In the instance where no company/association name is provided at first User sign up, the User will be the deemed to be the individual listed on the contact details.
Package : Domain registration, re-registation, hosting plan
Disclaimer
The Client is the person or entity who is applying or who is receiving Web
Hosting Services from Swift Programming.
The Web Hosting Service is provided on an "AS IS, AS AVAILABLE" basis. Swift
Programming gives no warranty, express or implied, for the Web Hosting Services
provided this no warranty expressly includes any reimbursement for losses of
income due to disruption of services by Swift Programming or its providers
beyond the fees paid by client to Swift Programming for services.
Client will use the Web Hosting Services in a manner consistent with any and
all applicable laws of the State of Victoria and the Australian Federal
Government.
Use of any information obtained by way of Swift Programming is at Client's
own risk, and Swift Programming holds no liability for such use.
Swift Programming is not responsible for any damages arising from Client's
use of Swift Programming or by Client's inability to use the Web Hosting
services for any reason.
While Swift Programming shall make every reasonable effort to protect data
stored on Client's Server(s), Swift Programming is not responsible for Client's
Data, files, or directories residing on Swift Programming's equipment. Client is
solely responsible for maintaining data, file, and directory structure backups.
The customer is required to provide Swift Programming with correct and up to
date contact details for billing and technical notification purposes. Swift
Programming takes no responsibility for disruption to services due to inability
to contact the customer.
Ownership of Packages
When a User creates a Package, the User is responsible for all Packages and
costs that are incurred under that User.
Suspension of User Account
- Outstanding invoices/ debts relating to any
Package under a User account can result in all Packages been suspended,
without notice.
- If a User is suspended for not keeping contact
details up to date and are subsequently reactivated there can be a $10 Plus
GST fee incurred.
- If a User is suspended any previous deals/special
offers can be withdrawn. The User will be required to move to the closest
appropriate Package that is available at that point in time if they are
reactivated.
Change of User Contact Name Details:
In the case where a User is deemed to be a company, the User contact name
details can only be changed upon the provision of a received fax to the fax
number provided by us the Provider. A User headed fax must outline the old
contact details, their password as security and the new contact details, subject
to the following rules:
Rules for changing User contact details:
- The User must agree to maintain all Packages in
the User account
- If User does not agree to maintain all Packages,
the Packages that are not agreed will be removed subject to 1.1. All other
Packages will be moved to a different User account, subject to the terms in
“Transfer of Packages between Users”.
- If User wants to change company name, a Change of
Company name registration form from ASIC must be sent.
Users that are deemed to be individuals must follow terms in “Transfer of
Packages between Users”
30 Day Money Back Guarantee
This guarantee only applies to NEW customers. If you are an existing client
and purchase more hosting from Swift Programming, this guarantee does not apply.
This guarantee also dosen't apply to domain registrations and SSL certificates.
Transfer of Packages between Users
In the case where the User is deemed to be an individual and the User wants
to transfer responsibility of maintaining a Package, the User has to notify us
A new User will have to sign up a new Package agreement detailing that the
Package already exists under a different User. No credit will be given.
If a Package has outstanding debts and is signed up by a new User, any
outstanding debts relating to the Package have to be paid first, a transfer fee
of $90 plus GST can be incurred for transferring the data relating to the new
Package.
Illegal Usage
Swift Programming 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. The Client agrees to indemnify and
hold harmless Swift Programming from any claims resulting from the use of the
service that damages the Client or any other party.
Swift Programming will be the sole arbiter as to what constitutes a violation
of this provision.
Server Abuse
Any attempts to undermine or cause harm to a Swift Programming server or Client
of Swift Programming is strictly prohibited.
Any sub-networks of Swift Programming 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.
Adult Content
Swift Programming does not allow adult oriented sites including pornography,
sex-related merchandising, and hate sites. This includes sites that may infer
sexual content, or links to adult content elsewhere. This is also true for sites
that promote any illegal activity or content that may be damaging to our servers
or any other server on the Internet. Links to such materials are also
prohibited.
Security
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 Resource
Any website 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 paying extra (which depends on the resource needed) or reducing
the resource used to an acceptable level. Swift Programming shall be the sole
arbiter of what is considered to be a high server usage level.
Any site which has a negative impact on the server may be suspended without
notice.
CGI Scripts
Cgi script sharing with domains not hosted by Swift Programming is not allowed.
Any cgi-scripts deemed to be adversely affecting the server performance or the
network integrity will be shut down without prior notice. Matt's FormMail script
is not allowed on our servers.
Chat Rooms
Swift Programming does not allow clients to install their own chat rooms. Chat
rooms tend to use an unusually large amount of system resources and we cannot
permit it as an account option.
Background Running Programs and Cron Jobs
Swift Programming may allow programs to run in the background. These programs
will be considered on an individual basis and extra charge will be incurred
based on system resources used and operational maintenance needed. If you wish
to run background programs please
contact our support department before doing so.
IRC
Swift Programming does not allow IRC or IRC bots to be operated on our servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email, from or through a Swift
Programming server or using an email address that is maintained on a Swift
Programming machine or advertising a site hosted on a Swift Programming machine
is STRICTLY prohibited. Swift Programming will be the sole arbiter as to what
constitutes a violation of this provision. If you engage in any of the foregoing
activities using the service of another ISP or IPP, but channeling activities
through a Swift Programming server as a maildrop for responses, you are in
violation. Violators will face an immediate account suspension or deletion.
If you are in any doubt you should contact us prior to sending any mail.
Refunds will NOT be issued for suspended or deleted accounts
Software Distribution
Swift Programming's web hosting accounts are not to be used for the purposes of
distributing software and multimedia products, including bulk MP3's. If you wish
to distribute software and/or multimedia files, please contact for special
arrangement.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. Swift
Programming web hosting accounts are not to be used for the purposes of
distributing and storing unusual amount of multimedia files. Any Web site whose
disk space usage for storing the multimedia 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 multimedia files. An exception to this rule will be granted
for uncompressed (non-Zipped) *.swf files (Macromedia Flash™) that are used in a
responsible manner. This format can be efficiently used to build entire
websites, thereby replacing a large protion of the HTML normally necessary.
Database
Any database stored on Swift Programming servers shall be limited in size to 20%
of the total disk space allotted for a particular domain.
Billing
Payment is via credit card only. You will receive email notification 7 days
prior to your hosting term expiring. At that time you can choose to cancel or
continue. We will automatically bill your credit card for the identical account
type and period as was previously ordered if account is not cancelled within
that 7 day period.
Billing for Australian based hosting - billing is performed monthly or
annually, depending on the package chosen. All Australian based hosting accounts
will be billed for incoming data transfer monthly.
Dedicated Servers are subject to a 30 day cancellation policy. A written
request must be submitted to our
accounts department 30 days prior to server being cancelled.
Access
The control panel requires access to port 8443 through your Internet provider.
Most ISP's allow access to this port by default, however if you are unsure you
should check with your ISP prior to opening an account with Swift Programming.
Clients on networks behind a firewall may need access to the config to allow
access to port 8443.
Refunds
We offer a 30 day money back guarantee. If you are not 100% satisfied within the
first 30 days of hosting with us please
contact our accounts department for a complete refund. NB: This offer
applies to web hosting only, domain names and security certificates are not
included in this offer. Hosting accounts cancelled after this period will not be
refunded.
Actions Taken by Swift Programming
When Swift Programming becomes aware of an alleged violation of its Usage
Policy, Swift Programming will initiate an investigation. During the
investigation Swift Programming may restrict Clients access in order to prevent
further possible unauthorized activity. Depending on the severity of the
violation, Swift Programming may, at its sole discretion, restrict, suspend, or
terminate Clients account and/or pursue other civil remedies. If such violation
is a criminal offence, Swift Programming will notify the appropriate law
enforcement department of such violation.
Swift Programming does not issue service credits for any outages incurred
through service disablement resulting from Policy violations.
Modification
Swift Programming reserves the right to add, delete, or modify any provision of
this Usage Policy at any time without notice.
Agreement and Acceptance
In order to maintain a high quality of service all sites and web hosting plans
are subject to the terms and conditions of the Swift Programming Acceptable Use
Policy. Sites can be cancelled without refund and Clients and/or their agents
may be subject to legal prosecution if found in violation. Placing an order and
subsequent submission to a server of web site data, including files, images and
text are proof of the Client's agreement and acceptance of the terms and
conditions of the Acceptable Use Policy. Clients agree they have read and
understood the terms and conditions of the Acceptable Use Policy before ordering
any plan.
