SWK Hosting is an internet based service and provides domain registration and web hosting. Domain registration is done through accredited domain registrars. In some cases it is possible that someone else may register your domain name before we do. We accept no liability for this or any other circumstances that may result in this failure. In which event, a refund will be issued unless if you request another name instead.

SWK Hosting reserves the right to refuse service to anyone at any given time for reason(s) of infringement of copyrights or any other reason(s) at its sole discretion.

SERVICE USAGE POLICY:

SWK Hosting does not allow any of the following content to be stored in the web hosting space (ftp space included) that you are provided with.

Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. Adult Material may be stored and published as long as is its content remains legal. Non-Acceptable Adult Content includes, but is not limited to, Child pornography, Incest and Beastiality. You may also NOT link to and/or provide information about such content. We reserve the right to cancel your account without notice and without refund, should you be found violating this rule.

Warez and malicious software - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, trojan horses, viruses, spy-ware, malware,etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

Spam (unsolicited bulk e-mail) & Undesirable E-mail Services - No spamming is allowed. We reserve the right to cancel anyone spamming immediately and without refund. We also reserve the right to cancel without refund, anyone who causes our company to be blocked by any e-mail service - this includes selling bulk-emailing software and/or e-mailing lists.

If you are found to be engaging in any of the above activities then your account will be terminated without warning and you will not be entitled to any refunds. If the activity was illegal in anyway SWK Hosting will cooperate with any and all law enforcement agencies in prosecution to the fullest extend the law allows.

HIGH RESOURCE USER POLICY:

Resources are defined as bandwidth and/or processor utilization.

SWK Hosting may at any given time implement the following policy to its sole discretion:

When a web site is found to be monopolizing the resources available SWK Hosting reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of servers on which your site will be hosted or any other servers with which your site is associated with.

Chat Server
We currently do not allow IRC or IRC bots to be operated on our servers.

PAYMENT POLICIES:

All accounts are set up on a prepay basis. Although SWK Hosting reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.

For annual accounts, payment is due each anniversary year of the date the account was established. Customers will be expected to renew their account at the end of their prepay period. The account will be automatically charged for the next year unless a cancellation form is submitted.

In situations where the account holder does not renew his/her account (whether yearly or monthly) SWK Hosting will suspend the service after 7 days of payment being past due. SWK Hosting does not guarantee that suspended sites will remain intact on our servers.

In addition, SWK Hosting reserves the right to suspend other services by the same customer with an outstanding balance, until the outstanding debt is cleared. The customer is responsible for all monies owed on the account from the time it was established to the time that the customer submits a cancellation form. No other method whether written or verbal will be accepted for canceling an account.

No bills or invoices will be sent by regular (postal) mail. All invoices will be sent directly to customers via email after the online purchase has been made. At this point the customer's card will be charged automatically.

CANCELLATION AND REFUNDS:

SWK Hosting reserves the right to cancel services at any time. In this event that this cancellation is not due to a violation of the terms of service, customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes SWK Hosting service usage policy and or our terms of agreement a refund will only be issued at our discretion.

Customers may cancel their account at any time. However, they MUST cancel using the cancellation form. Any incentives or "promotional gifts" offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.

INDEMNIFICATION:

The customer agrees that any domain name registered by SWK Hosting on his/her behalf is to the best of their knowledge NOT in violation of any trademarks or any other statutes.

Customer agrees that it shall defend, indemnify, save and hold SWK Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against SWK Hosting`s owners, their agents, their customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, agents, employees or assigns of the owners of SWK Hosting. Customer agrees to defend, indemnify and hold harmless SWK Hosting owner/s against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SWK Hosting. (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from SWK Hosting

DISCLAIMER:

SWK Hosting will not be responsible for any damages your business may suffer. SWK Hosting makes no warranties of any kind, expressed or implied for services we provide. SWK Hosting disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, server malfunctions, missed backups, non-deliveries, wrong delivery, and any and all service interruptions caused by SWK Hosting`s proprietors and their employees. SWK Hosting reserves the right to revise its policies at any time.