Terms of Service (TOS)
This Terms of Service Agreement (“TOS Agreement”) constitutes a valid, binding, and enforceable legal contract between you, the “Subscriber” or “User,” and HostingSwift, LLC and MiTi Telecom, LLC, herein referred to as “the Company,” “we,” “us,” or “our,” which includes all affiliated domains, parent companies, and subsidiaries.
By using our services, you agree to these terms.
1. Terms of Service (TOS)
This Agreement and our Acceptable Use Policy (“AUP”) govern your purchase and use of all HostingSwift, LLC and MiTi Telecom, LLC services (collectively, the “Services”), as described in the order forms submitted by you and accepted by us (“Service Order”). These Services include, but are not limited to, VPS server hosting, cloud hosting, dedicated server hosting, web hosting, website server hosting, domain names, radio server hosting, email hosting, DNS hosting, and SQL hosting. Acceptance of any terms or conditions differing from those contained herein will not be deemed by provision of service, but only by the electronic or written signature of an authorized representative of HostingSwift, LLC and MiTi Telecom, LLC. You must register and accept the terms of this Agreement and the AUP to use the Services. BY REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THE AUP AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, AS WELL AS ALL POLICIES AND GUIDELINES OF THE AUP, WHICH ARE INCORPORATED HEREIN BY REFERENCE.
We may modify any of the terms and conditions in this Agreement and the AUP at any time at our sole discretion. Any modifications are effective upon posting of the revisions on our website (the “Site”). Your continued use of the Services following our posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, discontinue using the services and immediately notify us of your termination of this Agreement as described below.
2. Term and Payment for Services
Term. This Agreement will be for an initial “Term” of one month from the date the Services are first provided by us. This Agreement will be automatically renewed (the “Renewal Term”) at the end of the Initial Term or any Renewal Term for a period of one month unless you provide us with written notice of termination at least three (3) days before the end of the Initial Term or Renewal Term. To provide notice of termination, you must submit a ticket to our Billing department via our support portal. Pricing and duration of Terms may be modified only if in writing and signed by an authorized representative of HostingSwift, LLC and MiTi Telecom, LLC.
3. Cancellation/Termination of Service
We reserve the right to cancel this TOS Agreement and to permanently disconnect the service that we provide to the User at any time without further obligation. The User may cancel this TOS Agreement by requesting cancellation via opening a ticket through our support portal at least three (3) days before the User’s next renewal date. We will not honor notice of cancellation by any other means of communication. The User must be current on all payments and must have all account information available at the time of such request for the cancellation to become effective. It is the User’s responsibility to confirm that we have timely received notice of the requested cancellation.
If we find you in violation of our TOS and/or AUP Policies, we may terminate your account(s) at any time without notice.
4. Zero Tolerance Spam Policy
We have a zero-tolerance stance against sending unsolicited email, bulk emailing, and spam. “Safe lists,” purchased lists, and selling of lists will be treated as spam. Any User who sends spam will have their account terminated without notice.
5. Free Services
All free services included with other packages are provided “as is” with no guarantee of service or availability. We are under no obligation to provide free services or support for any type of free service via Live Chat, Phone Calls, or our Ticket System. We have the right to close, delete, or remove any ticket(s) for any type of free service, and to access, log in, view, or monitor any free service without notice. We also have the right to terminate, suspend, remove, or revoke any free service at any time without notice.
6. Charges and Payment
You will pay all charges for your use of the Services at our then-current prices for that category of service or any special offer applicable to your account. You are responsible for paying all federal, state, and local sales, use, value-added, excise duty, and any other taxes assessed with respect to the Services, other than taxes based on our net income. You are responsible for all costs of collection of all amounts owed under this Agreement, including reasonable attorney’s fees.
7. Domain Names
Domain names purchased through us belong to you, the User, once the registration is complete. There may be fees associated with transferring a domain name to another registrar. Please refer to our domain transfer policy for details.
8. Payment Terms
You will pay all charges for the “Term” of service in advance on the first day of the Initial Term and subsequent charges in advance on the anniversary day of each “Term.” You must pay for the Services by credit card, debit card, or other payment method accepted by us. You authorize us to charge your selected payment method to pay for any charges that may apply to your account. You must notify us of any changes to your payment information (including account number, cancellation, or expiration of the account), your billing address, or any information that may prohibit you from charging your account. Failure to fully pay any fees and taxes within 72 hours from the applicable due date is a material breach of this Agreement, justifying us to suspend our performance and terminate this Agreement. If we terminate for your material breach, you will be required to pay immediately all fees and costs accrued before the termination date, all recurring fees for each month remaining in the “Term,” and any other amounts you owe to us. You are responsible for any costs we incur in enforcing collection, including reasonable attorneys’ fees, court costs, and collection agency fees. To reinstate Services, you may be required to pay for a specified period in advance and any fees associated with reinstating Services.
9. Refund and Payment Disputes
Payments to HostingSwift, LLC and MiTi Telecom, LLC are generally nonrefundable. This includes any applicable setup fees and subsequent charges, regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred to our billing department. If you dispute a charge to your payment method that, in our sole discretion, is a valid charge under the provisions of this Agreement and/or AUP, you agree to pay an “Investigation Fee.” We reserve the right to terminate your account immediately if you initiate a payment dispute, and we may charge additional fees for handling such disputes.
10. Use of Services
Acceptable Use Policies. The AUP governs the general policies and procedures for the use of the Services. The AUP is posted on our Site and may be updated from time to time. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE AUP AND ANY MODIFICATIONS TO THE TERMS. WE MAY TERMINATE YOUR ACCOUNT WITHOUT NOTICE FOR ANY VIOLATION OF THE AUP OR THIS AGREEMENT.
11. Security
You are solely responsible for any security breaches affecting servers or accounts under your control. If your server is responsible for or involved in an attack on or unauthorized access into another server or system, we will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting us or any of our other customers.
12. Intellectual Property Rights
You warrant, represent, and covenant to us that: (a) you are at least 18 years of age if an individual, (b) you possess the legal right and ability to enter into this Agreement, (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines, including the AUP, and (d) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation, or ordinance.
13. IP Numbers
We maintain and control ownership of all Internet protocol (“IP”) numbers and addresses that we may assign to you. We may, in our sole discretion, change or remove any and all IP numbers and addresses.
14. Third-Party Products
We may provide you access to third-party software and/or services (“Third-Party Products”) through reseller relationships. Customer understands that product support for Third-Party Products is provided by us and not by the Third-Party Vendor unless otherwise stated. Customer expressly acknowledges and agrees that use of Third-Party Products is at the Customer’s sole risk and such Third-Party Products are provided “as is” and without representation or warranty of any kind from us or any Third-Party Vendor.
15. Support/Sales/Billing – Staff Abuse Policy
We treat our customers with the utmost respect. We expect the same from you. If our staff feels that you are addressing them in a demeaning or rude manner, your account may be suspended, and you may be asked to take your business elsewhere. We have the right to block and/or refuse Live Chat or Phone calls from any person our staff deems necessary. Using our ticket system is the primary form of communication for Sales, Billing, and Support questions. We have the right to close, delete, or remove any ticket that contains unacceptable behavior or is sent multiple times unnecessarily