Last Updated: August 30, 2025
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.
This Agreement governs your purchase and use of all our services, including but not limited to Web Hosting, VPS Server Hosting, Dedicated Server Hosting, Domain Registration, Radio Server Hosting, VPN Services, and Internet Services (collectively, the “Services”). By using our Services, you agree to these terms.
This Agreement and our Acceptable Use Policy (“AUP”) govern your use of all Services, as described in the order forms submitted by you and accepted by us (“Service Order”). 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, 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, you must discontinue using the Services and immediately notify us of your termination of this Agreement.
Term. This Agreement will be for an initial “Term” as specified in your Service Order (e.g., one month, one year). This Agreement will be automatically renewed (the “Renewal Term”) at the end of the Initial Term or any Renewal Term for an equivalent period unless you provide us with written notice of termination at least three (3) days before the end of the current Term. To provide notice of termination, you must submit a ticket to our Billing department via our support portal.
You are responsible for all content on your server and for the security of your account. You agree to not engage in activities that cause resource abuse (e.g., excessive CPU, I/O, or network usage) that could impair the performance of our shared infrastructure. For radio hosting, you warrant that you hold all necessary licenses (e.g., ASCAP, BMI, SESAC) for the content you stream.
You agree to be bound by the rules and policies of the Internet Corporation for Assigned Names and Numbers (ICANN) and the relevant domain name registry. It is your sole responsibility to ensure your domain name is renewed prior to its expiration date. You must maintain accurate and up-to-date WHOIS information. We are not liable for any loss of a domain name due to your failure to renew or maintain correct contact information.
Our VPN service is provided with a strict commitment to user privacy. We do not log your browsing activity, data, or IP addresses (“No-Logs Policy”). However, both our VPN and ISP services must not be used for illegal activities. We reserve the right to engage in reasonable network management to protect the integrity and performance of our network. We will comply with valid legal requests from law enforcement in our jurisdiction, as required by law. We do not guarantee specific service speeds or uninterrupted service, as performance can vary based on network conditions.
You must use the Services in compliance with our AUP. We have a zero-tolerance stance against sending unsolicited email (spam), bulk emailing, and engaging in any illegal activities. This policy applies to all services, including mail sent from our hosting servers or traffic transmitted over our ISP or VPN network. Any User who sends spam or engages in illegal activity will have their account terminated without notice.
You will pay all charges for your use of the Services at our then-current prices. You are responsible for all applicable taxes. Failure to pay any fees within 72 hours of the due date is a material breach of this Agreement, justifying suspension or termination of your Services. Payments are nonrefundable, except as explicitly stated in a specific service offer. All billing disputes must be reported within 30 days. Disputing a valid charge with your payment provider may result in an "Investigation Fee" and immediate account termination.
We reserve the right to cancel this Agreement and disconnect your service at any time for any violation of this TOS or our AUP. You may cancel your service by opening a support ticket at least three (3) days before your next renewal date. It is your responsibility to confirm that we have received your cancellation request.
You are solely responsible for any security breaches affecting servers or accounts under your control. For hosting services, you are responsible for maintaining your own backups. While we may offer courtesy backup services, we do not guarantee their availability or integrity.
You warrant that your content does not and will not infringe on any third-party intellectual property rights. We maintain ownership and control of all IP numbers and addresses assigned to you. We may change or remove any IP addresses at our sole discretion.
IN NO EVENT WILL WE OR OUR SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF YOUR INFORMATION, WEBSITES, OR DATA. NEITHER WE NOR OUR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY.
You agree to indemnify and hold us, our subsidiaries, affiliates, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services or your violation of this Agreement.
This Agreement will be governed by the laws of the State of Michigan. Any disputes arising from this Agreement shall first be addressed through negotiation. If unresolved, the dispute shall be submitted to binding arbitration in Kentwood, Michigan, in accordance with the rules of the American Arbitration Association. The arbitrator’s award shall be final and binding. Each party shall bear its own costs of arbitration.
Force Majeure: Neither party shall be liable for any failure or delay in performance under this Agreement caused by a force majeure event, including acts of God, fire, war, government action, or terrorist attack.
Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
No Waiver: Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Entire Agreement: This Agreement, along with the AUP and all Service Orders, constitutes the entire agreement between you and us with respect to the Services and supersedes all prior communications.
If you have any questions about these Terms of Service, please contact us at:
HostingSwift, LLC and MiTi Telecom, LLC
6026 Kalamazoo Ave SE, Kentwood, MI, 49508
[email protected]
BY USING OR ACCESSING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.