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By using this site or any of Swishmail's services,
all clients agree to accept the terms, conditions, and notices of
Swishmail's Acceptable Use Policy. This policy ensures that our
clients are using Swishmail's services with due regard to the rights
of other Internet users and in conformity with the requirements
of Swishmail's network environment. Swishmail reserves the right
to modify any provision of its Acceptable Use Policy at any time
without prior notice. Please check back periodically to review any
changes to this policy.
Lawful Use
Swishmail services may only be used for lawful purposes.
Distribution, transmission, or storage, 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; trademarks; service marks;
software piracy; patents; trade secrets or other intellectual
property rights used without proper authorization.
- material that is obscene, defamatory, constitutes
an illegal threat, or violates export control laws.
Swishmail cannot accept any responsibility for injury
to its subscribers that results from inaccurate, unsuitable, offensive,
or illegal Internet communications.
Adult Material, Obscene Speech or Materials
Any adult-oriented, pornographic, and sex-related
sites are prohibited. This includes sites that may infer sexual
content or provide links to adult content elsewhere. Including sites
that promote any illegal activity or content that may be damaging
to our servers or any other server on the Internet, or provide links
to such sites. Clients may not use Swishmail's services to advertise,
transmit, store, post, display, or otherwise make available obscene
speech or material.
Security
Violations of computers, accounts, 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 to data, through use, through
probing, or scanning of systems security or authentication measures,
or traffic
- interference with service to any user, host, or
network including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system, broadcast attacks
- forging of any TCP-IP packet header or any part
of the header information in an email or a newsgroup posting.
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 higher
plan. Swishmail shall be the sole arbiter of what is considered
to be a high server usage level.
Any email or web hosting account deemed to be adversely
affecting server performance or network integrity would be shut
down without prior notice.
CGI Scripts
CGI script sharing with domains not hosted by Swishmail
will not be permitted. Any CGI-scripts deemed to be adversely affecting
server performance or network integrity will be shut down without
prior notice.
Chat Rooms, IRC, and Background Running Programs
and Cron Jobs
Swishmail does not allow customers to install their
own chat rooms. Swishmail does not allow programs or cron jobs to
be active in the background. Swishmail does not allow IRC or IRC
bots to be operated on our servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, the sending of unsolicited mass email from
or through a Swishmail server or using an email address that is
maintained on a Swishmail machine is strictly prohibited. Customers
are also in violation of this provision if they engage in spamming
using the service of another ISP or IPP, but channel activities
through a Swishmail server as a mail drop for responses. Maintaining
an open SMTP relay is also prohibited. Violators will have their
service terminated and overage charges may apply upon Swishmail's discretion. Any client listed by any Anti Spam provider may be deactivated immediately without notice.
Sending unsolicited mail messages, including the
sending of "junk mail" or other advertising material to
individuals who did not specifically request such material, who
were not previous customers of the Customer or with whom the Customer
does not have an existing business relationship ("E-mail spam").
Software Distribution
Swishmail's shared web hosting accounts are not configured
for the purposes of distributing software products. If you wish
to distribute software, please contact sales@swishmail.com
to make special arrangements.
Multimedia Files
Multimedia files are defined as any graphics, audio,
and video files. Swishmail shared web hosting accounts are not to
be used for the purposes of distributing and storing unusual amounts
of multimedia files. If you wish to distribute multimedia files,
please contact sales@swishmail.com
to make special arrangements.
Backup of Data
Your use of the service is at your sole risk. Swishmail
is not responsible for files and data residing on your account.
You agree to take full responsibility for files and data transferred
and to maintain all appropriate backup of files and data stored
on Swishmail's servers.
Other Activities
Any attempt to engage in activities, whether lawful
or unlawful, that may be considered harmful to Swishmail's subscribers,
server, operations, reputation, goodwill, or customer relations
are strictly prohibited.
Termination
When Swishmail becomes aware of an alleged violation
of its Acceptable Use Policy, Swishmail will initiate an investigation.
Depending on the severity of the violation, Swishmail may, in its
sole discretion, to temporarily suspend, deactivate, or terminate
access to Swishmail's services, without notice, if the client fails
to follow or meet any of the terms, conditions, and notices of this
Acceptable Use Policy. Swishmail reserves the right to decide to
what constitutes a violation of the Acceptable Use Policy. If such
violation is a criminal offense, Swishmail will notify the appropriate
law enforcement authorities of such violation.
Swishmail does not issue credit for loss of service
resulting from Acceptable Use Policy violations.
Swishmail customers agree to indemnify and hold harmless
Swishmail from any claims resulting from the use of our services
that damages them or any other party. The Swishmail 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.
Swishmail expressly disclaims any representation or warranty that
the Swishmail service will be error-free, secure or uninterrupted.
No oral advice or written information given by Swishmail, its employees,
licensors or the like, will create a warranty; nor may you rely
on any such information or advice. Swishmail 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.
Cancellation of Service
To cancel an account, please submit your request
in writing. You may email billing at
billing@swishmail.com,
support at support@swishmail.com,
submit through our Contact Us form, or fax us at
+1 646-349-1190 your request. No other form of cancellation notification will
be accepted.
After receiving your cancellation notification, Swishmail staff will
reply with a confirmation that the account has been marked for cancellation. Please
keep this reply as your receipt.
Clients requesting cancellation of accounts for credits must do so within the first month of the billing cycle if the billing cycle is greater than one month's term. Any request thereafter, Swishmail will mark the account for cancellation at the end of the billing cycle.
Any credit due to client that is to be processed will incur a full month's service charge + 10% processing fee of the total charge if cancellation notice is NOT received prior to charge being processed.
Contact Us
Swishmail is the sole operator of the Swishmail and
Websak, LLC websites. If you would like to contact us for any reason
regarding our Acceptable Use Policy, please call, write, or email
us at the following address:
Giselle Lian
Swishmail.com
4225 203RD ST
Bayside, NY 11361
(212) 937-4335
glian@swishmail.com
Effective Date: January 2, 2001
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