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Mike Chan
(Swin Solutions)
Terms of Use

Refunds
Our shared web hosting services carry an unconditional 60 day satisfaction guarantee. If you are dissatisfied for any reason within the first 60 days of service, please contact us by email for a full and immediate refund. If you wish to retain your domain name, the cost of your domain name will be deducted from your refund.

Acceptable Use Policy
We reserves the right to refuse service to any site at our sole discretion. Although we do not believe in censorship, Swin does not allow the following types of sites:

  • Websites containing explicit pornographic material
  • Racist or hate-related websites
  • "Warez" sites, including but not limited to any copyrighted software or music files
  • Sites which provide methods for circumventing copy protection ("cracks", key codes, serial numbers, decoder chips, etc...) are also not permitted.
  • Any content which is not legal in the United States

Unsolicited Email (Spam) and Bulk Email
Swin will not host websites which are advertised through unsolicited email, excessive newsgroup crossposting, or off-topic newsgroup posts. What is considered spam is determined at the sole discretion of Swin. We will make every effort to work with our customers to insure that legitimate websites are not shut down due to what may be wrongly interpreted as unsolicited mail. Although we are first and foremost an advocate of our customers, sites in flagrant violation of this policy will be shutdown without a refund of any kind. In addition, to protect the quality of service for all of our customers, any bulk emailing that adversely affects the performance of our shared mail servers will be either discontinued or moved, pending customer approval, to one of our list server or dedicated server plans.

Bandwidth and Overages
Each hosting plan is allocated a specific amount of network and system resources which is clearly specified on the HostMySite website. We realize that from time to time, customers may have unanticipated circumstances which cause their websites to use more bandwidth, disk space, or other resources than they have been allocated with their plan. In extreme cases, such overages may result in additional charges or the request to upgrade your service to a more suitable plan. HostMySite will make every effort to contact you to prevent any unexpected charges or service interruptions. If the resources required by your website negatively impact other customers in our shared hosting environment, we may take steps, including possible temporary suspension of service, to restore normal server operations. Under all circumstances, suspension of service is an absolute last resort and we will make every effort to work with our customers to insure continuous and trouble-free service.

Limited Warranties

No Other Warranty
LNH INC. DOES NOT MONITOR OR EXERCISE CONTROL OVER THE CONTENT OF THE INFORMATION TRANSMITTED THROUGH ITS FACILITIES. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM IS AT CUSTOMER'S OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. EXCEPT AS PROVIDED IN THE ORDER FORM(S), LNH INC. DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LNH INC. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. Disclaimer of Actions Caused by and/or Under the Control of Third Parties

LNH INC. DOES NOT AND CANNOT CONTROL THE FLOW OF INFORMATION TO OR FROM LNH INC.'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). LNH INC. CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY LNH INC. DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Delays and Interruptions

LNH INC. SHALL NOT BE LIABLE FOR ANY LOSS OF DATA RESULTING FROM DELAYS, CORRUPTION OF DATA, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES, AND LNH INC. SHALL HAVE NO LIABILITY THEREFOR. EXCEPT TO THE EXTENT OF LNH INC.'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER LNH INC. NOR ITS NETWORK SERVICES SUPPLIER WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO LNH INC.'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF LNH INC.'S OR ITS NETWORK SERVICE SUPPLIER'S NEGLIGENCE.

Indemnification

Each party agrees to indemnify and hold the other harmless against any losses, costs, expenses (including, but not limited to, reasonable attorneys' fees), claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") resulting from any claim, suit, action, or proceeding brought by any third party against the other or its affiliates related to or arising out of (i) any infringement or misappropriation or alleged infringement or misappropriation of any United States copyright, trade secret, patent, trademark, or other proprietary right related to any hardware or software utilized in connection with any of the Services (but excluding any infringement contributorily caused by the other party), and (ii) any violation of or failure to comply with the Rules or Regulations. Customer further agrees to indemnify LNH Inc. and its affiliates against any Losses which arise out of, or relate to any content provided by Customer or the customers/clients of Customer, and Customer will reimburse LNH Inc. and its affiliates for all legal expenses, including reasonable attorneys' fees, incurred by LNH Inc. and its affiliates in connection with any such Losses.

Consequential Damages

EXCEPT FOR THE PARTIES' INDEMNITY OBLIGATIONS, IN NO EVENT WILL EITHER PARTY BE LIABLE OR RESPONSIBLE TO THE OTHER FOR ANY TYPE OF INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.

Jurisdiction, Venue and Choice of Law

The parties agree that all disputes shall be brought before U.S. District Court for the District of Delaware located in Wilmington Delaware (District Court). If the District Court may not consider the dispute, all disputes shall be brought before the Delaware Superior Court, or the Delaware Court of Common Pleas each located in Wilmington Delaware. The parties agree that these courts shall have exclusive jurisdiction over all disputes and other matters relating to the interpretation and enforcement of this Agreement or any ancillary document executed pursuant to it. Further, the parties agree that venue shall be proper in the appropriate court set out above, and agree that they shall not contest notice from that court. State law issues concerning construction, interpretation and performance of this Agreement shall be governed by the substantive law of the State of Delaware, excluding its choice of law rules. The United Nations Convention on Contracts for International Sale of Goods shall not apply.

 
 
 
 
   
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