The use of services from shwehosting.com [hereafter referred to as "Shwe Web Hosting"] constitutes agreement to these terms.
Definitions and interpretation
"Agreement": these Terms Of Service (TOS) and any other document entered into by the parties pertaining to Services;
"Client" or "you": person, firm or company to whom services are provided;
"Company" or "Shwe Web Hosting": Netscriper Limited (company no. 06915709) registered in England & Wales, United Kingdom;
"Services": services to be provided by the Company to Client under the Agreement which include Domain name, Web Hosting, Reseller Hosting, VPS Hosting and Dedicated Servers.
1. The Terms and Conditions set forth herein constitute the full and complete agreement between you and Shwe Web Hosting.
Your agreement to be bound by these terms is acknowledged by your use of the Shwe Web Hosting Web Site, Hosting Services, Support Services and available to you.
The terms contained herein supersede and replace any other agreement or negotiation between Client and Shwe Web Hosting whether oral, written or otherwise including any statements made by any representative of Shwe Web Hosting at any time.
2. Client represents and warrants that, if an individual, subscribers of paid services offered through Shwe Web Hosting must be at least 18 years of age and otherwise legally competent in all respects to, or, if an entity, Client is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms.
Otherwise legally competent to accept and be legally bound by these Term, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minor's use of the Services.
Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor's use of any of the Services.
3. Web Hosting Content
All services provided Shwe Web Hosting may only be used for lawful purposes. The customer agrees to indemnify and hold harmless Shwe Web Hosting 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 unauthorized 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.
3.1 Unacceptable Materials
Examples of unacceptable material on all hosting accounts include:
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- 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)
- Prime Banks Programs
- Lottery Sites
- MUDs/RPGs/PBBGs
- 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)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Storing and Sharing unauthorized copy of Software
- Storing and Sharing unauthorized copy of Music, Books, Photographs, or any other copyrighted work.
3.2 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 script that sending over 500 emails/hour
- 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.
- Run cron entries with intervals of less than 15 minutes.
Shwe Web Hosting services, including all related equipment, networks and network devices are provided only for authorized customer use.
Shwe Web Hosting systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security.
During monitoring, information may be examined, recorded, copied and used for authorized purposes.
4. Hosting Transfers
Shwe Web Hosting provides hosting transfer service for all customers who want to transfer their existing website from other hosting to us.
Our transfers team will make every effort to help you move your site to us.
However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer.
Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data.
We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
However, we do not provide hosting transfer service from our hosting to other hosting provider.
5. Domain Registration
Shwe Web Hosting will register a new domain from the domain registration agent (Registrar) on behalf of our Client.
The Domain Services are limited to forwarding the application submitted by the Client for registration with the relevant naming authority.
For the avoidance of all doubt it shall remain the sole responsibility of the Client to verify if the Requested Domain has been successfully registered with the appropriate authority.
Upon successful registration, Shwe Web Hosting will notify to the Client by sending the Hosting Setup email to Client.
Shwe Web Hosting makes no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of registration of any Requested Domain.
The Client acknowledges that Shwe Web Hosting cannot guarantee the reservation or registration of any Requested Domain and that the registration of such domain name will be subject to any registration requirements of the appropriate registry.
6. Domain Transfers
Client can transfer the domain to other Registrars or other 3rd party service provider if the domain is available to transfer at ICANN, Nominet UK or any other appropriate Registration authorities.
Shwe Web Hosting cannot guarantee the domain transferring process as it is totally dependent on the condition of domain, expire date, creation date and Domain Registration Authority.
If the Client wishes to use their domain which registered at other Registrars and vice versa, Shwe Web Hosting will help to change the Nameservers of the domain to use at our hosting which means the Client does not need to Transfer the domain.
Our transfers team will help you to change the nameservers at your existing domain registrars for FREE.
7. Payment of Fees
Shwe Web Hosting accepts payment by Credit Card or Debit card via Barclays EPDQ system.
In addition, Shwe Web Hosting may from time to time allow additional forms of payment; however, the offering of a particular form of payment does not obligate Shwe Web Hosting to continue to offer that form of payment in the future.
The current list of payment options will be displayed during the order process. If you have any questions concerning the current available payment options contact us.
8. Refund Policy
Shwe Web Hosting gives you an unconditional 14 day money back guarantee for all new Client who bought the hosting package with Bank Wire Transfer or Credit/Debit Card.
Fees paid by Client for the purchase of Domain names are nonrefundable.
Violations of the Terms of Service will waive the refund policy.
9. Changes to the TOS
Shwe Web Hosting intends to provide the best possible web hosting service to each of its Clients.
Shwe Web Hosting is also dedicated to staying abreast of new and available technologies that will better serve our Clients.
However, due to changing technologies, changing laws and the individual and collective needs of our Clients, Shwe Web Hosting reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
