Terms of Service

Acceptable Use Policy
Swift Global Solutions LLC, hereafter referred to as SGS, including all subsidiaries, is responsible for securing its network and computing systems to a reasonable and economically feasible degree against unauthorized access and/or abuse, while making them accessible for authorized and legitimate users.  This responsibility includes informing users of expected standards of conduct and the punitive measures for not adhering to them.  SGS, in its sole and absolute discretion may suspend or terminate a userís access to SGSís networks and computing systems following such userís attempt to violate the provisions of this policy, regardless of the success or failure of the attempt.

The users of SGSís networks and computing systems are responsible for respecting and adhering to local, state, federal, and international laws.  Any attempt to break those laws through the use of SGSís network or computing systems may result in prosecution against the offender by the proper authorities.  If such an event should occur, SGS will fully comply with the authorities to provide any and all information necessary for the prosecution process.  This compliance may include real time logging of customer activities.  SGS reserves the right to modify this policy from time to time as it determines, in its sole and absolute discretion, to be necessary.

General Computing Policy
Once a user receives an account to be used to access SGSís network and computer systems, as well as remote networks and computer systems, they are solely responsible for all actions taken while using that account.  The user will, therefore, indemnify, defend, and hold harmless SGS, its shareholders, officers, directors, employees, and agents, for any and all damages or losses, incurred through the use of that account.  The user will be solely responsible for all indirect, special or punitive damages, resulting from the use of the SGS networks and computing systems.  Therefore:

1.  Applying for an account under false pretenses is construed as a violation of the terms of this agreement.
2.  Sharing your account with any other person is prohibited.  In the event that you do share your account with another person, you will be solely responsible for the actions of that other person.
3.  Deletion, examination, copying, or modification of files and/or data belonging to other users without their prior consent is prohibited.
4.  Attempts to evade or change resource quotas are prohibited.
5.  Continued impedance of other users through mass consumption of system resources, after receipt of a request to cease such activity, is prohibited.
6.  Any unauthorized and deliberate action which damages or disrupts a computing system, alters its normal performance, or causes it to malfunction is a violation regardless of system location or time duration.
7.  Any other use of an account which is inconsistent with the terms of service associated with such an account type, such terms of service being defined under SGSís Services Listing.

Electronic Communications Policy
Whenever you send electronic mail, your name and/or user name are included in each mail message.  Likewise, use of other services such as news and IRC for electronic communications are attributed to your account.  You are responsible, therefore, for all electronic communications originating from your account.  Therefore:

1.  Forgery (or attempted forgery) of electronic mail messages is prohibited.
2.  Attempts to read, delete, copy, or modify the electronic mail of other users is prohibited.
3.  Attempts at sending harassing, obscene and/or other threatening communications to another user via email, posting to a news group or IRC, or transmitting via any other communications service, is prohibited.
4.  Attempts at sending unsolicited junk mail or chain letters is prohibited.

SGS does not authorize the use of its proprietary computers and computer network to accept, transmit or distribute unsolicited bulk email sent from the Internet to SGS members.  In addition, Internet email sent, or caused to be sent, to or through the SGS network that makes use of or contains invalid or forged headers, invalid or non-existant domain names or other means of deceptive addressing will be deemed to be counterfeit.  Any attempt to send or cause such counterfeit email to be sent to or through the SGS network is unauthorized.  Similarly, email that is relayed from any third partyís email servers without the permission of that third party, or which employs similar techniques to hide or obscure the source of the email, is an unauthorized use of the SGS network.  SGS does not authorize anyone to send email or cause email to be sent to the SGS network that violates SGSís Terms of Service.  SGS does not authorize the harvesting or collection of email addresses from the SGS service for the purpose of sending unsolicited email.  SGS reserves the right to take all legal and technical steps available to prevent unsolicited bulk email or other unauthorized email from entering, utilizing or remaining within the SGS network.  Nothing in this policy is intended to grant any right to transmit or send email to, or through, the SGS network.  SGSís failure to enforce this policy in every instance in which it might have application does not amount to a waiver of SGSís rights.

Unauthorized use of the SGS network in connection with the transmission of unsolicited bulk email, including the transmission of counterfeit email, may result in civil and criminal penalties against the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.).  Civil and criminal penalties may also apply to email transmitted to the SGS network in violation of the CAN-SPAM Act of 2003.

Network Security Policy
As a user of the network, you may be allowed to access other networks (and/or the computer systems attached to those networks).  Therefore:

1.  Use of SGS computer systems and/or networks in attempts to gain unauthorized access to remote systems is prohibited.
2.  Use of SGS computer systems and/or networks to connect to other systems in a manner which is intended to interfere with this other systemís normal operation, is prohibited.
3.  Decryption of system or user passwords is prohibited.
4.  The copying of system files is prohibited.
5.  The copying of copyrighted materials, such as third-party software, without the express written permission of the owner of the proper license, is prohibited.
6.  Intentional attempts to “crash” network systems or programs are construed as violations of the terms of this agreement.
7.  Any attempts to secure a higher level of privilege on network systems are construed as violations of the terms of this agreement.
8.  The willful introduction of computer “viruses” or other disruptive/destructive programs into SGSís computer systems or the use of SGSís networks and computer systems to promulgate viruses onto external networks is prohibited.

Article I - Introduction
1.1  Definitions.  In this agreement, the following words and phrases in quotes have the meaning set forth in this Section:  “Agreement” means this Internet/BBS/Intranet Account Agreement, all attached schedules, attachments and any agreement or schedule supplementing or amending this agreement; “Claims” means all actions, causes of actions, suits, proceedings, claims, liabilities, damages, judgments and demands of any kind whatever, both in law and in equity, whether implied or express; “Content” means all text, diagrams, illustrations, audio clips, software, electronic images, literary works, files and other similar materials; “SGS Services” means the service to be provided by SGS and its affiliates under this agreement; “SGS Facilities” means all computer, communication, storage and other equipment which together form the internet world-wide web site and FirstClass Bulletin Board established by SGS; “including” and “includes” shall be deemed to be followed by the statement “without limitation” and neither of such terms shall be construed to limit any word or statement which it follows to be the specific or similar items or matters immediately following it; “Parties” means SGS and you collectively and “Party” means any one of them; “Person” includes an individual, corporation, partnership, joint venture, trust, unincorporated organization, or instrumentality thereof any other entity recognized by law.

1.2  Interpretation.  The headings in this agreement are for convenience of reference only and shall not affect the construction of interpretation of this agreement.  Words expressed in the singular include the plural and vice-versa and words in one gender include all genders.  The parties agree that this agreement  constitutes the complete and exclusive statement of the terms and conditions between them covering the performance thereof and cannot be altered, amended or modified except in writing executed by the parties to be bound thereby.  Any representation, warranty or condition, written or otherwise, not expressly contained in this agreement or in an authorized written amendment thereto shall not be enforceable by either party.

Article II - SGS Obligations
2.1  SGS Services.  SGS agrees to perform or make available to you the SGS Services, including access to certain SGS Facilities in accordance with the SGS Services.

2.2  Payment of Fees.  You agree that in return for the SGS Services, you shall, at such times as set out in this agreement, promptly pay all fees and taxes which may be assessed, levied, or imposed with respect to products or services provided under this agreement.

2.3  Change of Services and Fees.  SGS reserves the right to change the fees and the SGS Services upon providing you with not less than thirty (30) days prior written notice to either the electronic mail account assigned to you or in accordance with Section 7.2.

2.4  Disaster Recovery.  If the SGS Facilities cease to be available to the Parties by reason of some failure of equipment or services (whether or not caused by SGS or constituting force majeure as described in Section 7.4), SGS will use its best efforts to restore the SGS Facilities to normal operating conditions as soon as reasonably practicable.  You acknowledge that you are solely responsible for the backup of all Content stored in your account on the SGS Facilities and that SGS shall not be responsible for any loss whether or not such loss is caused by SGS.

2.5  SGS Policies.  SGS may from time to time publish certain policies and codes of conduct relating to its subscribersí use of the SGS Facilities and you agree to abide by such policies and codes of conduct.

2.6  Enforcement of Policies.  You acknowledge that SGS may block or otherwise filter any Content stored on or communicated through the SGS Facilities, the storage or communication of which is unlawful or contrary to SGSís policies, however, such right shall not impose a positive obligation on SGS to do so or impose any liability on SGS in the event that such Content is stored or communicated through the SGS Facilities.

Article III - Subscriber Obligations
3.1  Privacy.  You acknowledge that due to the ubiquitous nature of bulletin board systems and the internet generally, you do not expect that electronic mail messages or any other activity carried out by you or Content stored on the SGS Facilities shall remain private to you.

3.2  Subscriber Convenants.  You agree not to use the SGS Facilities for any unlawful or offensive purpose including (i) hacking, (ii) the unlawful copying of software and other Content that you do not have the right to copy, (iii) the publication of Content that when published, invades the rights of privacy or infringes upon the statutory or common law rights of any person anywhere in the world, (iv) the publication of libelous, obscene, or other unlawful Content.

3.3  Security.  You agree to undertake all reasonable steps necessary to prevent unauthorized access to and use of any portion of the SGS Facilities that may be under your control and agree to comply with the security procedures specified by SGS from time to time.

3.4  Suspension of Privileges.  You acknowledge that in the event that you are in breach of any of your obligations under this agreement, SGS may suspend your privileges on the SGS Facilities and the supply of other SGS Services to you provided that SGS acts reasonably.

3.5  Indemnity to Users.  You acknowledge and agree (i) that the terms and conditions of this agreement shall apply to each individual user who receives an account under this agreement, (ii) that you will provide each such individual with a copy of these standard terms and conditions, (iii) that you shall be responsible for any breach of this agreement by such individuals and, (iv) that you will indemnify and hold harmless SGS for all Claims made by such individuals or by third parties against SGS because of such individualís use of the SGS Facilities.

Article IV - Indemnities and Releases
4.1  Intellectual Property Indemnity.  You shall defend at your own expense any Claim brought against SGS to the extent such Claim alleges that (i) any of the Content furnished hereunder infringes any trade mark or copyright, including moral rights, (ii) your publication of any Content constitutes an invasion of privacy, (iii) the Content that you publish contains libelous, obscene, or other unlawful, or harmful matter, (iv) you use the SGS Facilities for the purpose of hacking or any other criminal or unlawful activities, and you agree to defend SGS and hold SGS harmless against any and all damages, losses or expenses which it may incur, suffer or otherwise become liable for as a result of such activities, together with all reasonable costs and expenses (including reasonable legal fees) incurred by SGS as a direct result thereof.

4.2  Subscriberís Acknowledgement, Release and Indemnity.  You expressly acknowledge that internet users who access the SGS Facilities (“Visitors”) may view and download the Content that you make available to Visitors for display on their local computers or for storage on their local data storage devices.  You acknowledge that SGS cannot contorl the use of such Content by Visitors, including any infringement of copyright in the Content, and you hereby (i) release SGS from all Claims that you may hereafter have against SGS in connection with a Visitorís infringement of copyright or other rights in the Content that you make available to Visitors generally, and (ii) agree to defend SGS and save SGS harmless against any and all damages, losses or expenses which it may incur, suffer or otherwise become liable for as a result or concerning any such Claim made by a third party, together with all reasonable costs and expenses (including reasonable legal fees) incurred by SGS as a direct result thereof.

Article V - Representation and Warranties
5.1  Exclusion of Warranties.  The SGS Services and any other services, information, software, documentation, advice supplied by SGS hereunder is provided “as is” without any other warranty or conditions, whether expressed or implied, including any implied warranties or conditions of merchantable quality or fitness for a particular purpose and those arising by statute or otherwise is law, or from a course of dealing or usage of trade.  SGS EXPRESSLY DISCLAIMS ANY WARRANTY WITH REGARD TO THE AVAILABILITY OR LEVEL OF PERFORMANCE OR CAPACITY OF THE SGS FACILITIES, THE CONTINUED OPERATION OF THE SGS FACILITIES, THE VERACITY OR ACCURACY OF ANY MESSAGE OR INFORMATION POSTED ON THE SGS FACILITIES, AND THE SUITABILITY, OPERABILITY AND SAFETY OF ANY SOFTWARE OR FILE POSTED ON THE SGS FACILITIES FOR ANY INTENDED PURPOSE.

5.2  Limitation of Liability.  In no event shall SGS have any liability for destruction of data, damage to equipment, loss of profits, loss of business revenue or failure to realize expected savings or for any indirect, special or consequential damages (including legal fees) even if advised of the possibility thereof and whether or not such damage is cause by mistake, omission, interruption, deletion of files or messages, errors, viruses, defects, delays in operation or transmission, the unavailability of the SGS Facilities, failure of equipment or performance, negligence or otherwise.

5.3  Limit on Direct Damages.  In respect of any claim, demand or action by you against SGS or any of its employees, directors, officers, or agents whether based in contract, tort (including negligence), or otherwise, including a breach by SGS of any of its obligations under this agreement (whether or not a fundamental breach), your exclusive remedy shall be to receive from SGS payment for actual direct damages to a maximum aggregate amount equal to the fees paid by you to SGS under this agreement during the last complete calendar month.

Article VI - Termination
6.1  Termination.  In addition to any other rights or remedies hereunder, either Party may terminate this agreement by giving sixty (60) days prior written notice to the other Party.

6.2  Termination by SGS.  In addition to any other rights or remedies hereunder, SGS may in its sole discretion suspend or terminate the SGS Services immediately and without notice to you if (i) you breach any of SGSís published policies or any other provisions of this agreement, (ii) you breach your covenants in Sections 3.2 or 3.3, (iii) you abuse your privileges of using the SGS Facilities, (iv) you are flamed or otherwise receive large amounts of electronic mail through the SGS Facilities; (v) any web page or other service that you publish or otherwise make available to the internet on the SGS Facilities receives excessive hits or results in third parties downloading excessive amounts of data, or (vi) you exhaust the funds in your account, and any omission or failure to enforce any right or remedy available under this section to SGS shall not be deemed to be a waiver of the right or remedy or any other right or remedy hereunder.

6.3  Orderly Termination.  Upon termination of this agreement for any reason, (i) you shall be given five (5) business days to remove any and all files stored in your account on the SGS Site after which time SGS may delete all of such files and your account, (ii) you shall immediately make all payments due to SGS, and (iii) SGS shall refund all unused amounts credited to your account.

Article VII - General
7.1  Arbitration.  Any dispute between the Parties concerning any matter arising hereunder, including any failure to agree on a matter requiring agreement, shall be submitted to arbitration in accordance with the Arbitration Rules of the Arbitration and Mediation Institute of Maine.  Insofar as the provisions of the Arbitrations Act are not inconsistent with this Section or with such Arbitration Rules, the provisions of such Act shall apply.

7.2  Notice.  All notices, requests, demands, or other communications of any kind, that either Party by the terms of this agreement are required or permitted to be given by one Party to the other Party shall be made in writing and shall be sent by personal delivery or prepaid registered mail, or transmitted by, facsimile addressed to the other Party at its address as shown on the last page of this agreement or at such other address as may be given by either of them to the other in writing from time to time.  All such notices, requests, demands and other communications shall be deemed to have been given and received as follows:  (i) if sent by personal delivery, on the date of delivery; (ii) if sent by mail at any time other than during a strike, lockout or other postal interruption, on the fifth day following the date of its mailing, or (iii) if transmitted by facsimile on the date of its transmission.

7.3  Further Assurances.  You agree to make, execute, deliver or cause to be done, executed and delivered all such further acts, documents and things as SGS may reasonably require for the purpose of giving effect to this agreement.

7.4  Force Majeure.  Neither Party shall be liable to the other Party for any delay or failure to perform obligations under this agreement where such delay or failure is caused by circumstances beyond its reasonable control.

7.5  Assignment.  Neither Party may assign any rights or benefits in this agreement to any person without the written consent of the other Party.  Notwithstanding the above, SGS may assign this agreement to an affiliate of SGS or to any other person in connection with the sale of substantially all of its business to such person.

7.6  Binding on Successors.  This agreement shall ensure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, legal representatives, successors (including any successor by reason of amalgamation or statutory arrangement of any Party) and permitted assigns.

7.7  Governing Law.  The construction, interpretation and performance of this agreement shall be governed by the laws of the State of Maine.  The Parties hereby attorn to the non-exclusive jurisdiction of the courts of Portland, Maine with respect to any matter arising under or related to this agreement.

7.8  Survival.  The provisions of Article 4 (Indemnities and Releases), Article 5 (Representations and Warranties) and Sections 6.3, 7.1, 7.7, and 7.8 shall remain in effect after the termination of this agreement.

Limitation of Liability

International Use
SGS makes no representation that materials available online are appropriate or where their contents are illegal is prohibited.  Those who choose to access SGSís material online from other locations do so on their own initiative and are responsible for compliance with local laws.

Choice of Law and Forum
These Terms of Use or Agreement shall be governed and construed in accordance with the laws of the State of Maine, excluding its conflicts of law rules.  You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of SGS shall be filed only in the state or federal courts located in the State of Maine, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Updated 4/24/2014

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