Introduction

"Swiftnode," "us," "our," "we," and other variants in this document refer to Swiftnode and its other top level domains and subdomains. Swiftnode LLC is registered in the state of South Carolina.

"You," "Client," "Customer," and other variants refer to the person or persons responsible for payment and/or managing the services purchased or received. Failure to accept these terms may result in immediate termination of service without refund, compensation, or notification.

Services provided by Swiftnode are as is, with no warranty or guarantee, the customer is responsible for ensuring that services ordered, through our website or any form containing service details, meet their requirements.

Swiftnode reserves the right to deny service to anyone. Swiftnode reserves the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner.

The user should periodically check this web page for any modifications regarding these Terms and Conditions by re-visiting this web page and using the “refresh” button on the user’s browser.

The user should note the date of last revision to this page, which appears at the top of this page. If the "last modified" date remains unchanged, after the user has clicked the “refresh” button on his/her browser, the user may presume that no changes have been made since the last reading of the document.

A changed “last modified” dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.

Indemnification

You agree to indemnify, defend and hold harmless Swiftnode, its officers, directors, employees, agents, licensor(s), suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, or unlawful content that is in your transmissions or publications of any information, data or materials that is in violation of any U.S. Federal or state regulation or law, including reasonable attorneys' fees used to research or defend Swiftnode, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

Membership

Membership and passwords may not be assigned, transferred, or sold to a third party. Swiftnode and its affiliates disclaim any and all liability arising from fraudulent entry and use of our services. If a user fraudulently obtains access, we may terminate membership immediately and take all necessary and appropriate actions under applicable federal, state, and international laws.

Age Restrictions

You represent and warrant you are at least 13 years of age and that you have the legal capacity to enter into this Agreement. If you are not at least 13 years of age, you terminate the use of our services immediately and may not use or access our services. Teenagers, ages 13 to 17 must have the permission of a parent or legal guardian to access, use or play on the SITE. You agree not to bypass any security and/or access features that we have installed. Additionally, we do not assume any responsibility or liability for any misrepresentations regarding a user's age.

Access Restrictions

To access Swiftnode.net or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of our services that all information you provide will be correct, current, and complete. If we believe that the information you provide is not correct, current, or complete, we have the right to refuse you access to our services and to terminate or suspend your access at any time with no refund due.

Refunds

Swiftnode services are non-refundable, refunds may be granted on an exception-only basis entirely at the discretion of Swiftnode. It is not the responsibility of Swiftnode to cancel your PayPal subscription(s) when your service(s) are cancelled/terminated. In the event an exception for refund is granted, PayPal transaction fees will no longer be refunded after October 21, 2019.

File Transfer Protocol (FTP) & Data

Swiftnode reserves the right to limit or revoke FTP access at any time, with or without reason. FTP access is only to be used to send and receive data directly relating to your game server(s). We reserve the right to remove data that does not meet this criteria. We will attempt to notify you if such events occur. If the same data or similar data is re-uploaded, we reserve the right to suspend or terminate your service.

Resource/Data Usage

It is solely at Swiftnode's discretion to determine what amount of resource usage is not acceptable. Resource usage includes, but is not limited to; processor (CPU) usage, memory (RAM) usage, network (Bandwidth) usage, hard disk space usage. If your game server is found to be using a non acceptable level of resources, we will work with you to resolve the issue(s). Swiftnode reserves the right to suspend or terminate your service if the problem can not be resolved.

Downtime

Swiftnode reserves the right to have our physical servers down for scheduled maintenance 8 hours a month. Swiftnode reserves the right to have our physical servers down for unscheduled maintenance 48 hours a month. In the event of significant data loss or hardware failure, Swiftnode reserves the right to have our physical servers down for up to 96 hours in the period of a month. Significant data loss refers to loss of data that would render our server(s) and/or services unable to properly function in the way that they should. Swiftnode is not responsible for your individual game server(s) downtime, but will work with you through the game server control panel on our web site to resolve the problem. We reserve the right to discontinue support for that particular problem if we are unable to resolve it.

Data Loss

Swiftnode maintains basic backups of your data but cannot be held responsible for any data loss that may occur. We recommend that you maintain your own local backups of files hosted on our servers.

Support

Swiftnode does not provide support for any type of computer or programming code. Swiftnode cannot be held responsible for any damage, temporary or permanent, caused to your server(s) due to the additions of 3rd party software. Swiftnode reserves the right to discontinue support service to any persons that cannot maintain civilized communication with support staff, which includes but is not limited to: Foul language, rudeness, threats or demands. For game servers Swiftnode offers network and hardware support. Our support staff is not responsible for installing or maintaining addons, modifications, or any other non-default game server controls. Swiftnode staff will not teach you to manage your game server, help you advertise your game server. If you choose to do business with us for your game hosting needs you hereby understand that you are responbile for your game server. Support is provided directly through our website or via our support email addresses. At no time should you contact a support representative for assistance over any third party messaging service. This includes but is not limited to Skype, Steam, Discord, Public Forums, and Twitter. These platforms may be insecure or allow your personal information to be extracted, in the event of a breach on any third party messenger service you may not hold Swiftnode liable for any damages to your person, property, or information.

Virtual Private Servers

These virtual servers are provided with the intention of being used for storing mostly static content. We have compiled a list of uses that are not allowed on our VPS line. This list is just a simple guide, by no means does it encompasses all regulations we employ on these virtual servers.

• CPU Intensive Applications/Services
• RAM Intensive Applications/Services
• Prolonged Speed Testing/Rapid Bandwidth Depletion
• Mailing/Mail Scripts/Mailing Lists

We allow clients to host webservers from these virtual servers as long as the CPU/RAM usage is managable. We reserve the right to terminate any client we deem to be over-using resources.

Use of Service

Use of service(s) provided by Swiftnode to transmit or generate content deemed illicit in the United States of America could result in your services being terminated without refund.

Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Swiftnode and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Swiftnode's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Swiftnode may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.

Abuse of Service

Swiftnode reserves the right to terminate any service or device hosted on it's network that causes a disruption, whether physical or virtual. The following applications are prohibited.

• Proxy Scripts/Anonymizers
• Pirated Software/Warez
• Torrents/Torrenting Software (Hosting or Downloading)
• Autosurf/PTC/PTS/PPC Sites
• IP/Port Scanners
• Bruteforce applications/scripts
• Mail/Spam/SMS Bombers or Scripts
• Commercial Audio Streaming
• Escrow/Bank Debentures
• High-Yield Interest Program Sites
• Investment Sites (FOREX/EGold/LINDEN/Ponzi/Pyramid Schemes)
• Purchase/Sale of Controlled Substances (without permit)
• Prime Bank Programs
• Lottery/Gambling Sites
• Hacker Focused Sites
• Sites promoting illegal activities
• Fraudulent or Phishing Sites
• Bank Trading Programs
• Push Button Mail Scripts
• Temporary Email Sites (5MinuteMail, UTemp, etc)
• Cryptocurrency Mining (Bitcoin, Dogecoin, Litecoin, etc)
• Broadcast or streaming live sporting events.
• Anonymous Gateways
• Malicious IRC Bots/Shells
• Web Stressers/Booters/Flooders
• Revenge Sites/Hate Sites
• Hack Program Archive Sites

If you have a question regarding something you wish to host you are responsible for contacting us ahead of time to insure it will not cause disruptions. We reserve the right to terminate a service/device at any time which violates any portion of this document.

Contact Information

Swiftnode
Attn: Legal Department
539 W Commerce St, Suite 390
Dallas, Texas 75208
Phone: 1-843-410-8486
[email protected]