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acceptable use policy :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::


acceptable
use policy

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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