The following terms & conditions apply if you use Internet services provided by Swiift Internet Limited (“Swiift”) and are in addition to Swiift’s standard terms and conditions. Swiift reserves the right to refuse you a subscription to any Service without reason for such refusal. You must be at least 18 years old to register for an internet Service.
1. OUR SERVICES
1.1 We will provide Internet access to you through our host computers on the following basis:
(a) We will provide you with an identification code to enable access.
(b) We will make genuine and reasonable efforts to make the Services you have subscribed for available 24 hours a day and, if the system malfunctions, to restore those Services as soon as reasonably possible.
1.2 The reasons for these limits on our service levels are because:
(a) We do not own or control all the facilities and communication lines necessary for access, and therefore, we cannot guarantee that the Service will be uninterrupted or error free.
(b) Our Services may be used by you for purposes we do not know about and have no control over.
2. YOUR USE OF OUR SERVICES
2.1 We provide a passive interconnection service. We do not own or control the various sites or offerings available through the Internet or the facilities and information lines through which access is provided. In using our Services you agree to the following:
(a) You will maintain the security of your accounts and password. You agree to change your password when requested to do so by us.
(b) As we do not own or control all of the various facilities and communication lines through which access may be provided to you, we are not responsible for security.
(c) Each dial-in account may only be used from one machine at any one time.
(d) You agree not to use our services to breach anyone else’s rights or to break the law. By way of example only, this means, without the owner’s clear permission, using our Services to download or transfer any copyright programs, files, picture, trade names, trademarks or brands, moving images (such as cartoons, films or videos) or sound or music, or anything else owned by someone else.
(e) You agree that you will not cause or help to cause the security or integrity of this or any other linked computer system to be compromised whether by way of hacking, introducing harmful code or in any other way.
(f) You agree to be a responsible citizen of the Internet. This means that you must respect the privacy of other Internet users. You agree that any messages you post to the Internet such as to news groups or Internet Relay Chat (IRC) will be posted only to discussion topic areas and not for advertising purposes. Any “one-to-many” Internet communications used for advertising purposes, whether IRC email or other link or medium is a serious breach of these terms and conditions. If you do not comply with this requirement you will be immediately disconnected from our Service without warning.
(g) You agree not to submit to us knowingly or unknowingly for publication or broadcast any of the following material (including pictures, links or any other content):
(i) material which violates or infringes any copyright, trademark, trade secret, patent, statutory common law or proprietary right of other persons;
(ii) material which is libelous or slanderous;
(iii) material which is or contains anything obscene, pornographic or otherwise offensive;
(iv) distribution lists to be used for unsolicited electronic mail or other mass electronic mailings; or
(v) any other material which breaches any law, is the subject of confidentiality agreements, or otherwise is not permitted to be broadcast by you.
2.2 Due to the public nature of the Internet, all material submitted will be considered publicly accessible. Swiift does not screen in advance your material submitted for publication, and our publication of your material does not create any express or implied approval of such material by us, nor does it indicate that such material complies with these terms and conditions.
3. EMAIL AND MESSAGING
3.1 As a condition of your use of our email service you agree as follows:
(a) To remove your email from our mail server promptly and to keep the space used by your files on the system below 30 megabytes. We have the right to remove email data in excess of 30 megabytes left by you on our mail server. If you have not made a special arrangement with us, we will not be liable for any loss of data because of your failure to housekeep your email.
(b) Not to send multiple, unsolicited email (SPAM or UCE), to single or multiple users whether or not this is for business purposes.
(c) Generally, you agree to obey the developing rules of Netiquette. These are the general rules of good and considerate behavior on the Internet as a worldwide and open community. If we consider any breach by you to be sufficiently serious (at our discretion) you agree that we may disconnect your Service without liability to you.
(d) Email enables a rapid, immediate and wide-spread response. You must not use the email service for communications pursuant to clause 2.1(g) above. While we do not intend to be a censor, we have the right, at our discretion, to review your use of our Services at any time and to disconnect you if we consider you have breached those obligations. As always, you agree that you will indemnify us against any loss or damage incurred as a result of your breach.
4.1 We each agree that the Internet is a medium which lacks consistent security and confidentiality and we have the right to check your use of the system.
4.2 We will take reasonable commercial efforts to protect your confidentiality. However, you should assume that your use of our Services is not confidential. If we consider in our discretion that your use of our Services is defamatory, contrary to accepted community standards or illegal you acknowledge that we have the right to disclose those activities to any person including the news media and the police.
4.3 We can check your use of the system for the purposes of ensuring that your use is not breaching these terms and conditions or for assessing any charges which may be payable by you.
5. ADDITIONAL RIGHTS OF SWIIFT AS THE SERVICE PROVIDER
5.1 We can terminate any of the Services that you have subscribed for without notice or liability to you if you breach these terms and conditions.
5.2 Subscriber use of our Services may sometimes result in overload. We have the right to share Services amongst all subscribers on a fair basis by automatically disconnecting any user after 3 hours of continuous or cumulative use during peak times, to be determined at our discretion. If you are disconnected for this reason you will be able to reconnect without penalty.
5.3 If your account is overdue at the time of disconnection, you will be unable to reconnect for a minimum period of three hours. This allows customers who pay their accounts on time to receive a relatively better grade of service than those who do not.
6. INTERNET SURPRISES
6.1 Internet services allow access to material which may be the subject to copyright, third party ownership or unreliable or offensive material. You access such material at your own risk and we are not responsible in any way for your accidental or deliberate accessing of that material.
7. LIMITS ON OUR LIABILITY
7.1 The Services are provided on an “AS IS, AS AVAILABLE” basis and Swiift specifically disclaims any warranty, express or implied, unless stated herein or applicable due to statute.
7.2 By using our Services you do so at your sole risk. We do not warrant that the Services will be uninterrupted or error-free. We do not make any warranties to the results to be obtained from the Service or information or the experiences had with the Internet which is a matter of your own assessment given its unique nature.
7.3 In particular, we are not liable to you – whether in contract or tort or under any other legal principle – for any direct or indirect losses or damages of any kind. These damages include but are not limited to loss of business, profits, work stoppage, computer or software failure or malfunction or any other damage or loss. Your exclusive remedy against us is to cancel your subscription.
FURTHER TERMS AND CONDITIONS WHICH APPLY IF YOU USE SWIIFT AS YOUR DOMAIN NAME SERVICES PROVIDER
The following terms and conditions apply if you use Swiift for Domain Name services
(including registration and maintenance) in addition to Swiift’s standard terms and conditions.
1. You will select one of the service plans offered by us and agree to receive services according to the service plan selected.
2. While we maintain daily file backups, we are not responsible for your files residing on our servers. You are solely responsible for independent backup of data stored on our servers.
3. Since we have no association with any third party agency determining the registration of domain names, you acknowledge that we are not responsible for their allocation and administration and that we cannot guarantee the availability or continued availability of the same.
4. You agree to comply with the requests and terms and conditions of third party suppliers of domain name related services, including supplies with regard to the supply of international domain names.
5. You agree that Swiift may reject your application for any reason at our sole discretion.
6. You agree that Swiift is not liable in any way for errors, omissions or failures with regard to your domain name application.
7. You acknowledge that once your domain name is removed from Swiift’s server, we will no longer manage that domain name and all subsequent management and payment of subscription fees will be your responsibility.
8. You agree that the information provided by you for domain name registration will be passed on to a domain name registry, and certain information will be made available to the public with regard to the domain name registration. You acknowledge that Swiift is not responsible for this information and may not be liable for any use of such information.
9. You agree that Swiift will not be liable for the following:
(a) any suspension, loss or modification of your domain name registration;
(b) interruption of business;
(c) access delays or interruptions to the web site accessed by your domain name;
(d) data non-delivery, mis-delivery, corruption, destruction or other modification;
(e) events beyond our reasonable control; and
(f) any indirect, special, incidental or consequential damages of any kind regardless of the form of action whether in contract, tort or otherwise, even if Swiift has been advised of the possibility of such damages.