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SWIFTWebsiteHost.com ("The Company") agrees
to furnish services to the Subscriber, subject
to the following TOS (Terms of Service).
Use of Company's Service constitutes acceptance
and agreement to Company's TOS (Terms of
Service).
In signing up and purchasing for any of the
Company's online services, you agree to comply
with our Terms of Service as outlined in this
document.
All provisions of this contract are subject
to the TOS (Terms of Service) of Company. If
you do not agree with any part of them then we
advise that you stop using our web services
immediately.
Indemnification Policy
You agree to use all Company's services and
facilities at your own risk. The Company
specifically disclaims all warranties of
merchantability and fitness for a particular
purpose. In no event shall the Company be liable
for any loss, or loss of data, or other
commercial damage, including but not limited to
special, incidental, consequential or other
damages.
Customer agrees that it shall defend,
indemnify, save and hold Company harmless from
any and all demands, liabilities, losses, costs
and claims, including reasonable attorney's fees
asserted against Company, its agents, its
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, it's agents, employees
or assigns. Customer agrees to defend, indemnify
and hold harmless Company against liabilities
arising out of:
Any injury to person or property caused by
any products sold or otherwise distributed in
connection with Company's servers; Any material
supplied by Customer infringing or allegedly
infringing on the proprietary rights of a third
party; Copyright infringement; Any defective
products sold to Customer from Company's
servers;
The Company shall be the sole judge of what
violates this Policy.
SPAM Policy
The Company is committed to a
zero-tolerance, Anti-Spamming policy.
Under this policy, Company prohibit Spam, or any
unsolicited commercial email, from being sent
either: Over Company's network, by Customers or
any other users of Company's network (including
Customers' customers); AND/OR over ANY network,
if the message(s) sent advertises or mentions a
site hosted on Company's servers.
The Company reacts very quickly and seriously to
violations, and further reserves the right to
terminate the services, without prior notice, or
option of refund of any Customer disregarding
this policy.
Sending unsolicited commercial email (also known
as "Spam"), cross-posting messages to a large
number of Usernet groups, posting obscene or
threatening messages while using or referring to
Company's email address(es) or web site URL(s)
is prohibited. The use of Company's servers as a
mail drop for responses to activities described
above is also prohibited. Accounts cancelled due
to spam are subject to a "clean up" fee of $500
with no refunds given.
Content Policy
All services provided by Company may be used for
lawful purposes only.
Transmission, storage, or presentation of any
information, data or material(s) in violation of
any Nigerian Federal, State or Local Government
law is prohibited.
This includes, but is not limited to:
copyrighted material(s), trademark, intellectual
property, material(s) Company judge to be
threatening or obscene, or material(s) protected
by trade secret and other statute without proper
authorization.
The subscriber agrees to indemnify and hold
harmless Company from any claims resulting from
the use of the service which damages the
subscriber or any other party.
Pornography and sex-related merchandising is
prohibited on all Company's servers. This
includes sites that may infer illegal sexual
content, or links to illegal adult content
elsewhere. Company will be the sole arbiter in
determining violations of this provision.
Also prohibited are sites that promote any
illegal activity or present content that may be
damaging to Company's servers or any other
server on the internet. Links to such
material(s) are also prohibited.
Examples of unacceptable content or links:
Pirated software;
Hacker programs or archives;
Warez sites;
Illegal Adult sites;
Financial scam (pyramid schemes, ponzi schemes,
chain letters, fake financial institutions,
etc.).
The Company does not host sites of its
competitors or web pages promoting sites of its
competitors with exception for resellers using
reseller's services provided by Company.
Any illegal activity, including adult
content, links to illegal adult content web
sites, spamming or hacking will result in your
site being shut down and all your files deleted
without warning or option of refund.
The same is also applicable for all resellers
and any other Sub Accounts hosted under these
Reseller Accounts. Company will be the sole
arbiter as to what constitutes a violation of
this provision.
CGI Scripts Policy
Each Account comes with its own cgi-bin. You
are free to use any CGI scripts you wish,
however Company reserve the right to disable any
CGI script that effects normal server operation
or service to other Company's Customers.
You will be notified in 48 hours about
offending cgi script. The Company is not
responsible for scripts that you use in your
hosting.
It is not our responsibility to ensure your
scripts function. Please don't expect our
support techs to troubleshoot aspects of your
scripts or third party scripts that you use on
your sites hosted on our servers.
Chat Policy
The Company does not allow chat rooms if it
affects normal server operation or service to
other Company's Customers.
CGI Proxy Policy
The Company does not allow CGI proxies on
Shared and Reseller Accounts. CGI proxies are
allowed to Dedicated servers Customers only. The
Company reserve the right to remove every CGI
proxy script without notification for Shared and
Reseller Accounts.
Backups
Full system backups are made daily. Accounts
backups are made weekly. No guarantees are made
of any kind, either expressed or implied, as to
the integrity of these backups. Backups are made
for servers' restoration purposes only. It is
the clients' responsibility to maintain local
copies of their web content and information. The
Backup Manager is available to every Customer
and you can use this tool to backup your files.
Our Guarantees
Money Back Guarantee. One 30 day money back
refund for Customer allowed per 180 days to
prevent abuse for web hosting accounts only.
We do NOT offer money back guarantees for
domain names registered through us. This is
inclusive of the Free domains and in case of
money back guarantees, the cost of the domain
name (either free or paid) is deducted.
No refunds will be available for Customer's
Account which break any terms of the TOS. No
refunds will be available for third party
related services including, but not limited to
scripts installation, certificates, custom
programming, scripting and designing work,
domain names registrations, transfers and
renewals, dedicated servers, management and
monitoring services.
As a conclusion, refunds are for Company's
hosting and reseller packages only. After the
end of the 30 day period the Payment Policies
apply on all services.
Uptime Guarantee
The Company offers a 99.9% uptime guarantee.
The Company calculates average uptime per each
server using distributed monitoring systems each
month beginning for past month. If Company
failed to maintain 99.9% availability of
Customer's site(s) during any single calendar
month, Customer may request a credit of 20% off
that month's hosting fee, but not later than 7
days after that month's end, by sending a notice
to us using the contact section of the website.
The Company do not offer a credit when
interruptions are caused by scheduled
maintenance(s) or cases beyond our control
(interruption and/or failure of
telecommunication and/or digital transmission
links, power outages, network attacks, network
congestion); errors from Customer's own custom
scripting or coding; outages that do not affect
the appearance of Customer's web site but merely
affect access to Customer's site (such as FTP,
POP3/IMAP, SMTP); when average server's uptime
calculated equal or greater than 99.9% during
calendar month; when notice sent later than 7
days after month's end.
All Money back and Uptime refunds are sent
without processing fees applied on them.
Payment Policy
Establishment of these services are dependent
upon receipt by Company of payment of stated
charges.
The Account will be charged at the beginning
of each billing cycle for the entire cycle.
Failed charge will be turned into outstanding
invoice. Billing cycles will continue until the
package is canceled according to the Account
Cancellation.
PayGoHosting Monthly Subscriptions
and Renewals
All SWIFTWebsiteHost's
subscriptions run from January to
December each year, regardless of
when the initial subscription was
started. The full sum of N3,000
one-time setup fee is required to be
paid, regardless of when
subscription is made during the year
and is non-refundable.
SWIFTWebsiteHost's subscription
renewals are to be effected on the
first Tuesday of each month.
Failure to do so will attracts a
grace of 7 days after which a
penalty of N1,000 is added for the
next 7 days if renewal is not made.
Failure to pay the renewal and
penalty within 14 days (2 weeks)
into the new month will result in
the account being suspended.
Because a suspended account still
takes up server resources, a
suspended account shall be billable
at the ongoing hosting rate, and any
fees paid for renewal/re-activation
of a suspended account shall be
accounted as running from the date
the previous payment expired.
After 30 days from the last
expiry/renewal date, accounts
suspended for default in payments
will be terminated and all files
(including emails) deleted from our
servers.
Terminated accounts will not be
admitted back to our service without
the payment of the fees accrued
during the period of suspension
prior to termination.
Annual Hosting Account Renewal
All customers are expected to
maintain accurate records of
payments made and renewal dates for
all their web hosting accounts, and
to make payments for renewal on
their accounts as at when due.
SWIFTWebsiteHost shall endeavour to
send renewal notices to the email
address on file for each account,
but SWIFTWebsiteHost shall not be
held liable for failure to send
these notices.
Any account whose annual renewal is
not paid for as at the due date
shall follow all conditions of the
monthly subscription renewal above
with respect to the grace period,
suspension and termination terms.
Domain Name Renewal
Unless otherwise specified on our
web site, each domain name
registration through us either free
or paid, is for a one-year initial
term. However, some domain
names may be registered for a term
of up to ten years, if you so wish.
All customers are expected to
maintain accurate records of
payments made and renewal dates for
all their domain names, and to make
payments for renewal of same when
due. SWIFTWebsiteHost shall
endeavour to send renewal notices to
the email address on file for each
account, but SWIFTWebsiteHost shall
not be held liable for failure to
send these notices.
In line with SWIFTWebsiteHost's
Courtesy Domain Renewal service,
where a customer is unable to pay
for the renewal of a domain name
when due but desires to keep the
name, the said customer may send an
email to SWIFTWebsiteHost to request
for Courtesy Domain Renewal, and we
shall extend the registration of the
domain name by one (1) year in good
faith. This is to prevent loss of
that domain name to cyber squatters.
If a domain is renewed by
SWIFTWebsiteHost in good faith, the
renewal fee payable by the customer
shall be N5,000 instead of the
standard domain renewal fee. Where
the customer fails to pay this fee
within 1 month of renewal,
SWIFTWebsiteHost shall take
possession of the domain name and
may dispose of it in anyway it
pleases, including by auctioning it.
By being in possession of a domain,
you are held responsible for any
issue regarding the domain which
includes but is not limited to legal
issues.
You also agree to indemnify the
Company in case any such cases, in
other words you are solely
responsible for the registration and
the use of your domain names.
Communication
between SWIFTWebsiteHost and Customers
The standard medium of communication on all
matters shall be electronic mail [email], so the
client shall be required to supply a valid and
active email account when signing up for any of
our services. All mails shall be sent to this
email address on file, unless and except the
Client gives notice to effect a change of that
address. In exceptional circumstances as
SWIFTWebsiteHost shall determine, the client may
be communicated with through other media.
Account
Cancellation
Customer should email cancellation request with
at least 7 days, but no more than 30 days, prior
notice using the contact us section of the
website with cancellation reason, domain name
and other details on the page.
The Company shall verify the details sent and
ensure that Customer has no outstanding
invoices, then email back to the Customer asking
for confirmation; Customer should pay all
outstanding invoices, if any, respond and
confirm Account's cancellation.
Customer's data are removed from the Company's
servers as soon as confirmation email from the
Customer is received and outstanding invoices
paid in full, if any.
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