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 PRIVACY POLICY

Swirling 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 regarding privacy. 

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. 

Swirling 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 Megabits 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.

Internal 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.

Swirling 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.  Violation of the privacy policy by any subscriber/member, 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 partnerships. 

Advertisers and partners may use their own cookies for the purpose of identifying visitors to their site. We can not control the use of cookies or the information gathered and expressly disclaim responsibility for the use of any information gathered through them. 

Swirling Megabits will have sole determination and interpretation of this privacy policy and reserves the right to change, alter and augment this policy as deemed necessary.

MEMBER/SUBSCRIBER/AFFILIATE/PARTNER AGREEMENT

Swirling 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 for updates. 

Swirling 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.   

Further, content 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.

The 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 Swirling Megabits.

Swirling 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 services, 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 subscribers.

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 Megabits sales representative to determine the appropriate high speed account for your needs. 

 

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.                

Unacceptable practices or content, as determined solely at the discretion of  Swirling Megabits, 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. 

Although 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 subscribers/members/affiliates/partners/advertisers.

Swirling Megabits Customer Anti-Spam Policy

Introduction

Swirling 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.

Definition

Swirling 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.

The Policy

(1) 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.

(2) 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.

(3) Swirling Megabits may charge customer and customer shall pay $1000.00 per valid UBE/UCE complaint of which Swirling Megabits is notified.

(4) If 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.

(5) Swirling Megabits also reserves the right to block traffic to and from the IP address(es) involved in hacking, and/or port scanning.

(6) Customers whose connection to Swirling Megabits is used to provide services to support UBE/UCE are 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 domain).

(8) In 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 Megabits customers from sending or receiving traffic to and from such IP addresses.

What does this mean?

(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.

Cancellation Policy

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 accounts@swmbits.net

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 accounts@swmbits.net. 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.

 

 
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