Terms of Usage and Conduct

YOU AGREE THAT YOU WILL NOT USE THE SERVICE TO

A.) upload, post, email, transmit or otherwise make available any Content (as defined below) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

B.) harm minors in any way;

C.) impersonate any person or entity, including but not limited to a Swayzee.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

D.) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

E.) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

F.) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;

G.) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;

H.) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

I.)  disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

J.)  interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

K.) intentionally or unintentionally violate any applicable local, state, national or international law.

L.) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

M.) “stalk” or otherwise harass another; or

N.)  collect or store personal data about other users.

ATTEMPTS TO BREAK SECURITY

You understand and agree that any attempt to break security or to access an account that does not belong to you will be considered a material breach of these terms of service, and such breach may result in suspension or termination of the Service and possibly referral to law enforcement authorities.

Unauthorized access to the Service, restricted portions of the Service or the telecommunications or     computer facilities used to deliver the Service is a breach of these terms of service whether or not such activities are a violation of law.  Further, you are required to take adequate security measures to prohibit others from unauthorized access or use of the Service, including Public Use, and you must take prompt remedial measures upon notice of breaches or potential breaches of security.

CONTENT SUBMITTED OR MADE AVAILABLE

Assumption of risk:  You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated.  This means that you, and not Swayzee.com, are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise make available via the Service.  Swayzee.com does not control the Content posted via the Service and does not guarantee the accuracy, integrity or quality of such Content.  You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable; and you may be exposing others to Content that others find objectionable.  You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.  You acknowledge that you may not rely on any Content submitted to Swayzee.com without limitation.

Limitation of Liability:  Under no circumstances will Swayzee.com be liable in any way for any Content, including but not limited to any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

Removal of Content:  Swayzee.com will have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service.  Without limiting the foregoing, Swayzee.com will have the right to remove any Content that violates these terms of service or is otherwise objectionable.

INDEMNITY

You agree to indemnify and hold Swayzee.com and their subsidiaries, affiliates, officers, agents, co-branders, licensors or other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service.

RESTRICTIONS ON USE AND PROHIBITION OF RESALE

No Resale:  The Service is provided for your use only and you agree not to reproduce, duplicate, copy, sell, transfer, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, including, but not limited to, reselling capabilities enabled or used by a specific application (including, without limitation, Voice Over Internet Protocol (VOIP)).

Restricted Use:  You agree not to permit anyone else to use your Member Account and that each Sub Account may only be used by one member of your household or business.  You agree that the Service is not to be used to host peer-to-peer applications that you are not actively using.  You agree that the Service is not to be used to trunk or facilitate public internet access (“Hotspots”) or any other Public Use of the Service.

GENERAL PRACTICES REGARDING USE AND STORAGE

Swayzee.com provides the Service to you as an individual as well as to the community of Service Members.  In order to provide an accessible network for all, Members are expected to act as part of that community.  High levels of activity on the Service reflect uses not in keeping with community objectives.  Inappropriate uses of the Service include but are not limited to the use of the Service on an inactive basis, that is keeping your account active and online with Swayzee.com’s (or its affiliate’s) network without your actual interaction with or use of the Web browsing, interactive features, or email services provided by or through Swayzee.com; continuous and sustained excessive account activity; and the use of methods or automated programs to defeat systems that limit inactivity.  Due to violations of community objectives through such or other inappropriate uses, Swayzee.com may do one or all of the following: seek a clarification of your activity patterns; automatically disconnect your session for such violations or for a period of inactivity, which period will be within Swayzee.com’s sole discretion; or cancel your Member Account.

General Practices & Limits:  You also acknowledge that Swayzee.com may establish general practices and limits concerning use of the Service, including without limitation, limiting the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service; the maximum number of email messages that may be sent from or received by an account on the Service; the maximum size of any email message that may be sent from or received by an account on the Service; the maximum disk space that will be allotted on Swayzee.com servers on your behalf; the maximum length of time that an IP address will be assigned for your use; the maximum throughput of traffic from the Internet or associated service (e.g., Usenet, email, web hosting) and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.  You agree that Swayzee.com does not have responsibility or liability for the deletion, for failure to store or to deliver any messages and other communications, for the modification or malformation of data communications over the Service, or for other Content maintained or transmitted by the Service.  You acknowledge that Swayzee.com reserves the right to log off accounts or disconnect sessions that are inactive for an extended period of time. You further acknowledge that Swayzee.com reserves the right to change these general practices and limits at any time without advance notice.

 Unsolicited Email:  You are expressly prohibited from sending the same or substantially similar unsolicited electronic mail message, whether commercial or not, to fifty (50) or more recipients, and from posting to a newsgroup, bulletin board, or message board, the same or substantially similar unsolicited note, whether commercial or not, five or more times per day through the use of the Service, Swayzee.com’s equipment, or in connection with any Swayzee.com’s email address, Swayzee.com’s domain name, or any Swayzee.com’s trademark.

MODIFICATIONS TO SERVICE

Swayzee.com reserve the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Service (or any function or feature of the Service or any part thereof) with or without notice.  Should the technology become available, Swayzee.com and its affiliates reserve the right to provision your Service over a different access technology and may do so without notice if such change(s) will not negatively impact the speeds for which you signed up or require new customer premise equipment.  Without limiting the foregoing, Swayzee.com may post, or email, notices of changes in the Service.  It is your responsibility to check our website and your Swayzee.com email address for any such notices. You agree that Swayzee.com will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.

TERM AND TERMINATION

Termination for Cause:  Swayzee.com may immediately terminate all or a portion of your membership or suspend any or all individual Member’s access to all or a portion of the Service, without notice, for conduct that Swayzee.com believes is:  (a) illegal, fraudulent, harassing or abusive; (b) a violation of these terms of service policies or guidelines posted by Swayzee.com service (including); or (c) harmful to other users, Members, third parties, the Service, or the business interests of Swayzee.com.  If Swayzee.com has terminated or suspended a portion but not all of your Service for the foregoing reasons, you will nevertheless be responsible for the all charges for the Service through the date of termination, and for any applicable Termination Charge.  Use of a membership for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to the Member. 

Use Limitation:  Swayzee.com reserves the right to suspend or terminate your Service or to suspend or terminate any Member ID, electronic mail address, IP address, Universal Resource Locator or domain name used by you in the event it is used in a manner, which (i) constitutes violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent, obscene or deceptive; (iii) is intended to threaten, harass or intimidate; (iv) tends to damage the name or reputation of Swayzee.com, or their respective parents, affiliates and subsidiaries; (v) violates the resale or restrictions on use provisions of this agreement or the Swayzee.com Acceptable Use policy, which may be amended from time to time, interferes with other Members’ use and enjoyment of the Services provided by Swayzee.com.

Termination – Legal Event:  In the event a ruling, regulation or order issued by a judicial, legislative or regulatory body causes Swayzee.com to believe that these terms of service and/or the Service provided hereunder may be in conflict with such rules, regulations and orders, Swayzee.com may suspend or terminate the Service, or terminate these terms of service without liability. 

Termination for Default:  If you fail to pay any charge when due, including but not limited to installation charges, line service charges or taxes, or if you provide false or inaccurate information that is required for the provision of the Service or is necessary to allow Swayzee.com to bill you for the Service, and such condition continues un-remedied for fifteen days, you will be in default and Swayzee.com may suspend your Service and Member ID or terminate the Service, and Termination Charges may apply.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. Your use of the services is at your sole risk. The services are provided on an “as is” and “as available” basis. Swayzee Communications expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  2. Swayzee Communications makes no warranty that (I) the services will meet your requirements, (II) the services will be uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from the use of the services will be accurate or reliable, (IV) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, or (V) the services will not conflict or interfere with other services from Swayzee Communications or third parties that you receive at your premises.
  3. No advice or information whether oral or written, obtained by you from Swayzee Communications or through or from the services will create any warranty not expresly stated in these Terms and Conditions.