ALL MEMBERS AND SUBSCRIBERS TO
SWIRLING MEGABITS, INC. ATTEST AND AGREE TO ADHERE TO THE
FOLLOWING TERMS, POLICIES AND AGREEMENTS OF USE WHILE SUBSCRIBED TO
SWIRLING MEGABITS SERVICES. POLICIES ARE TO BE SET FORTH, DETERMINED AND
INTERPRETED SOLELY BY SWIRLING MEGABITS, ITS OFFICERS AND ASSIGNED
AGENTS. SWIRLING MEGABITS
RESERVES THE RIGHT TO AMEND, MODIFY AND AUGMENT ALL
POLICY AND TERMS OF ACCEPTABLE USE AT ANY TIME AND WITHOUT NOTICE.
PLEASE VISIT THIS PAGE OFTEN TO KEEP UP TO DATE ON ALL REVISIONS.
SWIRLING MEGABITS PERSONAL
Megabits takes seriously
its obligation to its customers/members and stands firm in its
commitment to insure the privacy and security of all affiliated with
Swirling Megabits. To this end, we have created this document to outline our policy
During the course of
signup, certain personal information may be required to service and
maintain a customer/member account. This information may include
name, address, telephone number, email address, user ID, password,
billing information (credit card) and the computer resources used to
access an account.
Megabits agrees not to
release any user information to any party or entity for any reason,
unless specified by the account holder in writing or otherwise
required by law. Swirling Megabits
will not give, sell or
otherwise transfer email addresses maintained by Swirling
to any other party for the purpose of initiating, or
enabling others to initiate, commercial electronic mail messages.
Electronic gathering by any party of the email addresses contained on
or maintained by Swirling Megabits
servers is strictly prohibited by Federal
Anti-Spam law and violators will be duly prosecuted in accordance with
penalties set forth by Federal mandate.
use of member information shall be confined to analysis for the
purpose of supplying necessary network resources, enhanced services
and expedition and facilitation of billing procedures. Further,
Swirling Megabits may
use subscriber/member information for the purpose of notification of
events, enhancements and changes which may directly affect said
subscriber/member or their account.
Megabits reserves the right to enter into partnerships for the purpose
of conducting business. To this extent, information regarding
subscriber/member accounts may be required. In this case, all
partners are held to the same standard as outlined above and are
forbidden to disseminate any Swirling Megabits subscriber/member
information without written consent of the account holder.
representative or partner of Swirling Megabits may result in
legal action and will be considered sufficient cause for immediate
termination of any or all agreements, subscriber ships or
partners may use their own cookies for the purpose of identifying
information gathered and expressly disclaim responsibility for the use
of any information gathered through them.
Megabits will have sole
the right to change, alter and augment this policy as deemed
Megabits adheres to a high
standard of honesty and will not tolerate deceptive, fraudulent or
otherwise misleading advertising practices by its members, affiliates
or partners. The following is hereby agreed to by all
members/subscribers/affiliates/partners and will be strictly monitored
and enforced to ensure our subscriber base of a quality experience.
Each time you use Swirling Megabits service, you are affirming your
agreement to these terms and conditions. If you are not in
agreement with these terms and conditions, please contact Swirling
Megabits to make arrangements to
terminate your account. Please bookmark this page and visit it often
Megabits will not allow
any abuse of email, including, but not limited to, spamming, flaming
and smurfing. Abuse of the email system can cause damaging
repercussions for Swirling Megabits and offending parties will
be held legally responsible for all damages Swirling Megabits may incur due to
subscriber/member/affiliate/partner misuse or negligence.
which is considered obscene, profane, sexually deviant, racially or
ethnically derogatory or otherwise socially unacceptable will not be
permitted. Swirling Megabits presents a professional service and demands the same
of all content presented by subscribers/members/affiliates/partners.
Internet is not a secure environment. Swirling Megabits will not
be held responsible for any information transferred via the Internet.
Security measures are the sole responsibility of the individual
subscriber/member. To provide the best customer/visitor experience
possible, tampering or hacking, on any level, will not be tolerated by
Megabits complies with the Children's Online Privacy Protection Act of
1998. Specific sections of our main site are dedicated to the
education and enjoyment of children. While we provide this safe
harbor for children, Swirling Megabits can not
be held responsible for a minor's actions. Please supervise your
children and properly educate them to the benefits and pitfalls
awaiting them on the Internet. Encourage them to get your permission
before they submit any personal information via the Internet.
Swirling Megabits does monitor traffic to each of its
subscribers' sites on a monthly basis. Any personal user account web
space that exceeds 1GB of traffic during the course of any given month
will be assessed additional charges of $5.00 per 100 megabytes of data
transfer. Traffic is calculated by multiplying the number of hits a
site receives by the average file size on the site. Account type
upgrade to commercial use is encouraged for members that consistently
exceed their monthly traffic allotment.
Utilizing a personal account for high volume or commercial use is
prohibited. Personal account dial-up Internet service
provided by Swirling Megabits is intended for occasional active use
for the purpose of sending and receiving email, posting and retrieving
news group information, non-commercial file transfers, Internet chat
and surfing the WWW. Subscribers may stay connected so long as they
are actively using their Internet connection to the above stated end.
Subscribers may not use the dial-up services in a "constant on"
configuration or inactive status in order to retain an Internet
connection. By using Swirling Megabits
The following guidelines apply to your connection to the Service:
You agree that your account may not be used to maintain a persistent
and continuous connection to the Internet, and you may not engage in
any practice (such as automated and/or persistent checking of the host
server) or use any software or device (such as an auto-dialing device)
in an effort to maintain a persistent and continuous connection,
except as Swirling Megabits
may explicitly permit for certain service levels.
You agree that Swirling Megabits
may terminate your connection after a period of
inactivity and/or if necessary, each as determined at Swirling Megabit's sole discretion, to restore or maintain general availability of access
to the Service by, and/or appropriate allocation of resources among, Swirling Megabits
You may not create "simultaneous sessions" (defined as the use of a
single dial-up account on the Service by two or more modems at the
same time) unless permitted for your service level. Accounts that engage in simultaneous
sessions will be flagged and disabled until the first day of the
following month or until the user upgrades their account to a suitable
Swirling Megabits account that enables more than one user to be logged
on at one time. Swirling Megabits maintains the right to
interrupt any dial-up connection following a period of inactivity
determined reasonable by Swirling Megabits. Dial-up subscribers that
exceed monthly use deemed reasonable by Swirling Megabits (in excess
of 200 hours) will be flagged and disabled until the 1st day of the
following month. The customer will be required to get a business
type or high speed type of account to facilitate higher use. If
a "constant on" connection is required, please consult with a Swirling
representative to determine the appropriate high speed account for
You agree to pay all subscription fees in
a timely manner on a monthly basis. Any account not paid in full
by the 15th of each month will be disabled until such time as the
account is brought current. Any returned checks will be assessed a
$30.00 charge in addition to any unpaid balance due. Any such accounts
will be enabled once payment is received in full.
Any resale of Swirling Megabits access or services
without express written consent is strictly prohibited. Those found
in violation of this policy are subject to immediate termination and
may be subject to legal action.
practices or content, as determined solely at the discretion of
its officers or assigned agents, will be considered sufficient cause
for termination of any and all agreements, subscriberships or
partnerships and may be grounds for legal action.
we will strive to properly qualify
subscribers/members/affiliates/partners/advertisers, Swirling Megabits does not
accept any responsibility for, and shall be held harmless for the
content or representation of pages posted by
Swirling Megabits Customer
Megabits, has zero
tolerance for Unsolicited Broadcast Email and Unsolicited Commercial
Email (“UBE/UCE”, commonly known as “Spam”) whether originating from
customers, from customers' customers, or from customers that provide
services which are used to support UBE/UCE.
Megabits defines UBE/UCE
as unsolicited broadcast or commercial email that is sent to addresses
that do not affirmatively and verifiably request such material from
that specific sender, including but not limited to advertising,
surveys, information pieces, third party spamming, website addresses,
sales, and auctions.
Swirling Megabit’s customers, and customers of Swirling Megabits
customers or any downstream customers, are prohibited from sending and
shall not allow their connection to Swirling Megabits to
be used for sending UBE/UCE. Mail senders are required to maintain
records that verify, on a case by case basis, that explicit
affirmative permission was obtained from recipients before mailing.
Lack of such records can be considered, at Swirling Megabit’s sole discretion,
proof that permission was not obtained.
Swirling Megabits customers are
responsible for ensuring that they, their customers, and their
respective agents and contractors abide by this policy. Swirling
Megabit’s customers will be held responsible for all traffic either
sent via their connection to Swirling Megabits or sent elsewhere using support services
provided via their connection to Swirling Megabits. "Support services" includes
hosting websites, electronic mailboxes, telephony gateways, IRC
servers, sale of spamming software or other similar services.
Customers are also responsible for ensuring that they do not advertise
or promote themselves through UBE/UCE.
Swirling Megabits may charge
customer and customer shall pay $1000.00 per valid UBE/UCE complaint
of which Swirling Megabits is notified.
Swirling Megabits receives a complaint, it will be forwarded to
customer for a response and complete resolution. If within twenty-four
(24) hours there is no response indicating complete resolution,
Swirling Megabits may block traffic to and
from the IP address involved in the UBE/UCE complaint until Swirling
Megabits is convinced that the problem is resolved and preventative
measures have been implemented to prevent the violation from
recurring. If Swirling Megabits receives repeat complaints indicating
that a problem has not been resolved, Swirling Megabits may block traffic to and from the IP
address(es) or, in
its sole discretion, to the customer involved in the UBE/UCE complaint
until Swirling Megabits is convinced that the problem is resolved. The customer is
responsible for all UBE/UCE that passes through its connection to
Swirling Megabits also reserves
the right to block traffic to and from the IP address(es) involved in
hacking, and/or port scanning.
Customers whose connection to Swirling Megabits is used to provide services to support
subject to suspension of services upon two (2) hours’ notification.
(7) If you run a mail
server, you must maintain a mailbox and read mail to postmaster@(your
addition, from time to time, Swirling Megabits blocks third party IP
addresses that Swirling Megabits believes
are used for the distribution of UBE/UCE or are designated as open
relays. Any blocking of such IP addresses shall prevent Swirling
from sending or receiving traffic to and from such IP addresses.
What does this
(1) You must provide us with contact information for us to notify you
regarding compliance with these provisions. E-mail and phones/cell
phones are best, but we will attempt contact via pager as well.
(2) You must educate your customers about UBE/UCE to ensure compliance
with these provisions.
(3) You must promptly investigate and satisfactorily deal with any
UBE/UCE complaints forwarded to you.
(4) When using a mailing list, you must confirm that the recipients on
the mailing lists have requested or otherwise affirmatively accepted
receipt of any materials to be sent by you.
(5) If you host websites, we suggest that you use a minimum of one IP
address per customer so that Swirling Megabits
has the ability to block only that
customer which is distributing UBE/UCE.
Why this Policy?
Unlike senders of
traditional "junk mail" who are required to pay for envelopes,
materials and postage, senders of UBE/UCE can, given the nature of the
internet, impose enormous costs on the recipients of their messages at
little or no cost to themselves. Costs imposed on UBE/UCE recipients
include ISP bandwidth used to deliver UBE/UCE, additional IP
infrastructure needed to handle UBE/UCE, and time and money wasted in
filtering out and deleting UBE/UCE. Swirling Megabits believes that
users of the internet should not be forced to incur such expenses
without their consent. As a result, Swirling Megabits believes that the elimination of UBE/UCE
will result in a better and less expensive internet experience for all
internet users and will allow Swirling Megabits to provide better and more efficient
service to its customers.
Please remember that all Swirling Megabits, Inc. services renew automatically UNLESS you notify the Swirling Megabits, Inc. billing department in writing and as prescribed in your Subscription Agreement or Contract for services.
Monthly dialup service accounts whether billed by paper invoice or email may be cancelled at the end of the current period in which the Swirling Megabits, Inc. billing department is notified in writing. The written notification may be sent to Swirling Megabits, Inc. by US Postal Service or by email to
Dialup service accounts for 3, 6, or 12 months may be cancelled at the end of the current period with no penalties but Swirling Megabits, Inc. must be notified in writing and at least 30 days prior to the end of the period. Notice must be in writing.
An Early Cancellation Fee will be applied to dialup service accounts of 3, 6, and 12 months which are cancelled prior to the end of their designated term. These service periods benefit from reduced rates in consideration for the commitment to a longer service period. The Early Cancel Fee is $35.00 and is in addition to the charges for period of use or to the date that a written notice to cancel is received by Swirling Megabits, Inc. Internet Services.
Cancellation of Special Services such as Web Hosting, T1 Services, Residential and Commercial Wireless Services, ISDN Services, and Commercial and Residential DSL Services are as specified in the individual contracts.
Questions regarding cancellation of services should be directed to the Swirling Megabits, Inc. billing department by phone, email, or postal. The Swirling Megabits, Inc. billing department can be reached at 406.294.6007 in the Billings area. Outside the Billings area, call
1.888.702.2073. Email should be sent to
firstname.lastname@example.org. Our mailing address is:
Swirling Megabits, Inc.
P.O. Box 117
Shepherd, MT 59079
Revised: December 12, 2005
If you have any
questions, concerns or suggestions, feel free to contact us.