Hosting Terms of Service

The use of hosting services from Swarm Media [hereafter referred to as "Swarm"] constitutes agreement to these terms, including the Swarm website's Terms & Conditions and Privacy Policy.

All references to 'our', 'us', 'we' or 'company' within these terms are deemed to refer to Swarm Media.

1.1. Account Setup / Email on File

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.

1.2. Domain Registrations

Any domain registrations are made on your behalf with UKreg.com and includes fees for setting up and administering the domain name settings. Implicit in these terms of service are the UKreg terms of service with regards to domain name registrations. Domains will be registered in your name and may be transferred to another registrar upon request.

2. Content

All services provided by Swarm may only be used for lawful purposes. The laws of the United Kingdom, the State of Florida (US), the State of Texas (US) and the United States of America apply.

The customer agrees to indemnify and hold harmless Swarm from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorised copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email us with the relevant information.

Using a hosting account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all hosting servers include:

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • MUDs/RPGs/PPBGs
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro

Swarm services, including all related equipment, networks and network devices are provided only for authorised customer use. Swarm systems may be monitored for all lawful purposes, including to ensure that use is authorised, for management of the system, to facilitate protection against unauthorised access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorised purposes. Use of Swarm system(s) constitutes consent to monitoring for these purposes.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@swarmuk.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3. E-Mail & Spam Policy

There is a 500 email hourly limit per domain. This limit is also applied towards Mailman. If you send over this amount in any hour, most of the emails will bounce back with an undeliverable error. There is also a limit of 30 POP3/IMAP checks per hour per email address. If you go over this you're likely to get a wrong password error message or an error stating "login incorrect". If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure auto checking is disabled or at least set it to something higher such as once every 10 minutes.

Any mailing list larger than 500 addresses will require a hosting solution from an external hosting provider. Note: dividing one large list into smaller lists to get below this limit is not allowed.

When using mailing lists, no matter how large the list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 8 seconds (sending 1 every 8 seconds would send 450 emails within 1 hour, keeping you below the 500 outgoing email limit). If the mailing list software you're using does not allow you to throttle you must switch to an application or script that will. We recommend PHPList, which can be found in your CPanel under Fantastico.

IMPORTANT: If you do not throttle and you try sending 500 emails, the server will try sending all 500 in 1 second which is not possible on our shared servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your sites and service, until this sending process is completed. It is our job to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the server's load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended for crashing the server.

Mailing lists must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else's email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.

Any mailling list MUST comply with all guidelines set forth by the United States government. These can be found at:
http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm.

No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.

We take a zero tolerance stance against sending of unsolicited email, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their hosting terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted with us. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organisation or entity listed in the ROKSO may be hosted with us. Any website which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Swarm reserves the right to require changes or disable as necessary any website, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Swarm reserves the right to charge the holder of the account used to send any unsolicited email a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Swarm.

4. Payment Information

You agree to supply appropriate payment for the services received from Swarm, in advance of the time period during which such services are provided. You agree that until and unless you notify Swarm of your desire to cancel any or all services received, those services will be invoiced and/or billed on a recurring basis.

Cancellations must be done in writing via email. Once we receive your cancellation request and have confirmed all necessary information with you we will inform you in writing (typically email) that your account has been cancelled. Your cancellation confirmation will contain a tracking number in the subject for your reference, and for verification purposes. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive confirmation email shortly after submitting your cancellation, you can contact us via phone. We require that cancellations of service are done via email to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of Swarm, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Swarm provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a £10 late fee and/or an account suspension until account balance has been paid in full.

Swarm reserves the right to change the monthly payment amount and any other charges at anytime.

5. Backups and Data Loss

Your use of this service is at your sole risk. Swarm is not responsible for files and/or 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 Swarm servers.

6. Cancellations and Refunds

Swarm reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time via email or phone.

Refunds are possible for payments made which are not cheques or bank transfers and will be given based on the amount of whole months remaining for an existing billing cycle. For example if 6 full months remain after paying £60 for 1 year then £30 will be refunded.

7. Resource Usage

User may not:

  • Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  • Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  • Participate in any file-sharing/peer-to-peer activities.
  • Run any gaming servers such as Counter-Strike, Half-Life, Battlefield 1942, etc.
  • Run cron entries with intervals of less than 15 minutes When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php").

INODES

The use of more than 250,000 inodes on any hosting account may potentially result in a warning first, and if no action is taken the account will be suspended. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.

8. Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9. Uptime Guarantee

If your site has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Swarm dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact support@swarmuk.com with justification. All requests must be made in writing via email.

10. Reselling

You may not resell hosting accounts to other people either by selling the account as a whole or selling smaller sub-divisions of it.

11. Price Change

The amount you pay for hosting will never increase from the date of purchase, however prices may increase prior to the end of the period you have paid for, in which case the new price will need to be paid to extend the hosting. We reserve the right to change prices listed on swarmuk.com, and the right to increase the amount of resources given to plans at any time.

12.1 Indemnification

Customer agrees that it shall defend, indemnify, save and hold Swarm harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Swarm, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Swarm against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Swarm; (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 customers from Swarm's server.

12.2 Arbitration

By using any Swarm services, you agree to submit to binding arbitration. If any disputes or claims arise against Swarm or its subsidiaries, such disputes will be handled by an arbitrator of Swarm's choice. Arbitrators shall be lawyers or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. You are also responsible for any and all costs related to such arbitration.

13. Disclaimer

Swarm shall not be responsible for any damages your business may suffer. Swarm makes no warranties of any kind, expressed or implied for services we provide. Swarm disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Swarm and its employees.

14. Disclosure to law enforcement

Swarm may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

15. Changes to the TOS

Swarm reserves the right to revise its policies at any time without notice.