Internet Access Agreement

1) Introduction
I understand and agree that, subject to the terms and conditions of this Agreement, and the policies referenced herein, Swiftmark Solutions, Inc shall provide me (the Subscriber) with certain Internet access and/or web site hosting services (the Network). By accessing the Internet through the Swiftmark Solutions, Inc Network, I understand that I, and/or any person using my login identification (Authorized Users) explicitly and implicitly accept the terms and conditions contained in this Internet Access Agreement (the Agreement) and I agree to be bound thereby. I UNDERSTAND THAT Swiftmark Solutions, INC RESERVES THE RIGHT TO TERMINATE THIS ACCOUNT AT ANY TIME, FOR ANY REASON.

2) Provision of Services/Access
I understand and agree that I am fully responsible for the use of the Network by me or by anyone whom I permit to use my account, and that Swiftmark Solutions, Inc reserves the right to terminate my account at any time, for any reason. Swiftmark Solutions, Inc will provide me and my authorized users analog or digital access to the Internet, depending upon the rate plan selected, subject to conditions generally beyond the control of Swiftmark Solutions, Inc, including, but not limited to, the type and condition of the equipment (personal computer, modem, etc.) I have. I understand that simultaneous, multiple logins under the same login identification are not allowed. I understand that the Network may be temporarily unavailable or limited because of capacity limitations and may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs, and similar activities necessary for the proper operation of Network, as well as conditions of the Internet beyond Swiftmark Solutions, Inc’s control.

3) My Obligations
a) I understand that I am responsible for determining whether a Swiftmark Solutions, Inc phone number is within my local calling area, and for any long distance charges I may incur in connecting to Swiftmark Solutions, Inc.

b) I understand that I may cancel my account at any time, but that I am responsible for the entire monthly charge in the month in which I cancel, in addition to any additional usage charges accrued though the day I cancel.

c) I understand that Swiftmark Solutions, Inc may change its prices from time to time, and that I will be provided with at least 10 days written or electronic mail notice of any such changes.

d) I understand that I can not use or permit other users to use the Network in ways:
i) that are unlawful; or
ii) infringe the rights of others; or
iii) interfere with users of Swiftmark Solutions, Inc’s Network or other networks; or
iv) infringe upon the copyrights, trademarks or other intellectual property rights of others; or
v) otherwise violate the policies referenced in this Agreement.

e) I understand that I must comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Network (i.e., data encryption software).

4) Security
I understand that the information available through Swiftmark Solutions, Inc’s Network or other interconnecting networks may not be accurate, including the content displayed on my PC’s desktop. I understand that some of the information available through Swiftmark Solutions, Inc Access’s Network or other interconnecting networks may be intended for adult audiences. I understand that internet communications are not secure, and may be subject to interception or loss. I understand that Swiftmark Solutions, Inc makes no warranties of any kind, whether expressed, implied, or statutory concerning either the security of data and/or information or its accuracy available through the Swiftmark Solutions, Inc Network, or other interconnecting networks.

5) Term and Termination
I agree that this Agreement becomes effective upon registration of my login identification name and shall remain in effect for the period indicated in the rate plan selected or until terminated as provided in this Agreement. I further acknowledge that this Agreement shall continue in effect for consecutive additional terms following the Initial Term until either Party gives the other party online notice or other notice of termination at least thirty (30) calendar days prior to the expiration of the then-current term. I understand that Swiftmark Solutions, Inc reserves the right to terminate my account at any time, for any reason, including, but not limited to, my failure to abide by the terms of this agreement or my failure to pay any fees or charges when due. If my account is deactivated, I understand that I may be required to pay reactivation charges and a prepaid deposit in order to reactivate my account. If my account remains inactive for a period exceeding thirty (30) days consecutively, I understand my account may be deleted. If my deleted account includes content stored on Swiftmark Solutions, Inc’s servers, anything stored therein will also be deleted. I understand that violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings and mass advertising, or posting to inappropriate newsgroups, may cause severe operating difficulties for Swiftmark Solutions, Inc, and would likely be a cause for termination of my account. I agree to abide at all times by Swiftmark Solutions, Inc’s then-current Usage Policies<

6) Pricing/Payments/Credits
If I have given my credit card number to Swiftmark Solutions, Inc, I understand that charges will be automatically billed to my credit card each month for the basic service fee and any additional usage fees. I expressly authorize this automatic billing by Swiftmark Solutions, Inc. I understand that Swiftmark Solutions, Inc’s monthly billing cycle runs from the date of registration to the same date the following month. I agree and understand that I will be billed for the next month’s basic service fee on the anniversary date each month, and that invoice will reflect the next month’s basic service along with additional usage fees, if any, from the previous month. I agree that all charges are considered valid unless disputed in writing within thirty days of invoice date. I understand and agree that Swiftmark Solutions, Inc shall not be responsible for any charges or expenses that I may incur resulting from overdrawing my bank account or exceeding my credit card limit as a result of an automatic charge generated by Swiftmark Solutions, Inc pursuant to this authority. I understand there shall be no credits, reductions, or setoffs against the charges for service for downtime or interruption of Service. I understand there will be no prorating for Service in either the first or last months of Service.

7) Disclaimer And Limitation Of Liability
I understand that the use of my Swiftmark Solutions, Inc account, and any data or information accessed using that account, will be completely at my own risk. I understand that the cumulative liability of Swiftmark Solutions, Inc for any and all claims relating to the services provided by Swiftmark Solutions, Inc, in contract, tort, or otherwise, shall not exceed that total amount of the basic service fees paid to Swiftmark Solutions, Inc for services within the preceding twelve months. I agree that Swiftmark Solutions, Inc shall have no liability for any consequential, indirect, special or incidental damages regardless of the success or effectiveness of other remedies.

Swiftmark Solutions, INC SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES, FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION, NOR SHALL Swiftmark Solutions, INC BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY SUBSCRIBER’S OR ITS AUTHORIZED USERS’ EQUIPMENT. SUBSCRIBER HEREBY RELEASES Swiftmark Solutions, INC FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE NETWORK. Swiftmark Solutions, INC'S PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. Swiftmark Solutions, INC SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF SUBSCRIBER’S OR ITS USERS’ EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL Swiftmark Solutions, INC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, OR SIMILAR LOSS. THE LIABILITY OF Swiftmark Solutions, INC FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THAT TOTAL AMOUNT OF THE BASIC SERVICE FEES PAID TO Swiftmark Solutions, INC FOR SERVICES WITHIN THE PRECEDING TWELVE MONTHS. Swiftmark Solutions, INC MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE NETWORK, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.

8) Law And Jurisdiction
I understand and agree the laws of the State of North Carolina govern this Agreement and my Swiftmark Solutions, Inc account. I expressly agree that exclusive jurisdiction for any claim or dispute with Swiftmark Solutions, Inc or relating in any way to my account or my use of Swiftmark Solutions, Inc resides in the courts of North Carolina. I further agree and expressly consent to the exercise of personal jurisdiction in the courts of North Carolina in connection with any such dispute, including any claim involving Swiftmark Solutions, Inc or its affiliates, subsidiaries, employees, contractors, officers, or directors.

9) Indemnity
I agree to defend, indemnify and hold Swiftmark Solutions, Inc and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or arising from, any violation of this agreement by me or those who access the Network through my account, or the use of the Network or the Internet whether or not I have knowledge of or have authorized such access or use, including, without limitation, claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement, or other tortious behavior. I agree to indemnify Swiftmark Solutions, Inc along with any parties from whom Swiftmark Solutions, Inc obtains network services, and to hold them harmless from any claims resulting from the use of the Network by me or any authorized users that damage another party or that violate the law.

10) Complete Agreement/Amendments
This agreement, when read in conjunction with the then-current published Swiftmark Solutions, Inc Usage Policies (incorporated herein by reference as if fully set out) represents the complete agreement between Swiftmark Solutions, Inc, Inc. and myself with respect to the subject matter of this Agreement, and supersedes any other written or oral agreement. I understand and agree that Swiftmark Solutions, Inc may amend or modify this agreement and/or the Swiftmark Solutions, Inc Usage Policies, or impose new conditions at any time. Any use of Swiftmark Solutions, Inc’s Network subsequent to any changes or amendments shall be deemed to constitute acceptance by me of the then-current service agreement (including any amendments, modifications or new conditions) as published and made available via a link on the Swiftmark Solutions, Inc Access home page.

11) Swiftmark Solutions, Inc Disconnect Policy
Swiftmark Solutions, Inc reserves the right to disconnect a dial-up account after 15 minutes of inactivity, as detected by Swiftmark Solutions, Inc through electronic means. This time is approximate and subject to change without notice in Swiftmark Solutions, Inc’s sole discretion. Electronic or mechanical means to avoid an inactivity disconnect are strictly prohibited. Electronic or mechanical means include, but are not limited to, "pinging" the mail server, employing electronic or software AutoDial features to maintain an active connection or repeatedly checking for e-mail by autolog-in to the mail server. Swiftmark Solutions, Inc reserves the right to electronically audit connections to enforce the above requirements.

Swiftmark Solutions, Inc reserves the right to disconnect a dial-up account after 4 hours of continuous connect time. This time is approximate and subject to change without notice in Swiftmark Solutions, Inc’s sole discretion. Swiftmark Solutions, Inc reserves the right to electronically audit connections to enforce the above requirements.

12) Acceptable Use Policy

13) Email/Spam Policy

14) Privacy Policy