Swift Power Online Notice
Use of Site
The Site or any portion there of may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by The Operator.
THE OPERATOR MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON THE SITE. The Operator does not promise that THe SITE will be uninterrupted, error-free, or completely secure. THE OPERATOR has no obligation to provide security other than as stated in THE Agreement. THE SITE AND ALL CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATOR DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL THE OPERATOR OR ITS CONTENT SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, LOSS OF DATA OR LOSS OF REVENUES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE CONTENT AVAILABLE FROM THE SITE OR SERVER. THE OPERATOR MAY MAKE IMPROVEMENTS OR CHANGES IN THE SITE, CONTENT, OR IN ANY OF THE PRODUCTS AND SERVICES DESCRIBED ON THE SITE, AT ANY TIME AND WITHOUT ADVANCE NOTICE. THE USER acknowledge that there are risks inherent in Internet connectivity that could result in the loss of THE USER’S privacy, Confidential Information, and property. THE USER IS ADVISED THAT CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE USER IS solely responsible for the suitability of the service chosen.
Fees and charges will be paid by The User in advance for use of The Site and its associated resources. These fees are subject to change, without advance notice. Failure to pay fees for use of The Site will prevent The User from utilizing The Site and accessing any stored information or past activity.
Access to The Site by The User is based on pre-paid services. Upon request for services, The User understands refunds for unused access periods of The Site is not provided for, and should not be anticipated. The Site will be made available to The User within the terms set forth, independent of The User’s need or desire to utilize The Site.
The User will only have access to stored information within The Site while services are pre-paid complete and not in dispute.
The Operator makes no claims or guarantees to preserve or maintain content, the security to the content or accessibility to content within the web based Internet environment in which The Site resides. The User agrees to maintain all information whose loss or compromise would be undesirable in a suitable arrangement external to The Site. The Operator instructs The User to maintain highly secure, business critical or sensitive information of The User external to The Site. This includes banking, credit card, password or other sensitive content under the control of The User.
Any information stored for demonstration or unpaid use of The Site will not be preserved or recoverable after the provided active period. Information stored for paid use of The Site will be preserved where possible for 14 calendar days past the expiration of fees paid. The User may gain access to this information with payment of all outstanding past fees including time the content was stored but not paid as well as time required to access and use stored content. ANY STORED CONTENT BY THE USER WILL BE DELETED AND NON-RECOVERABLE AFTER 14 CALENDAR DAYS OF ACCOUNT EXPIRATION, OR NON-PAYMENT.
The User is provided within The Site the ability to directly and indirectly add and remove content (files, data, information, etc.). If content is deleted by The User, or a representative of the larger group defined as The User, the deletion from The Site will be PERMANENT. The Operator can not provide recovery of content or information removed by The User or their agents.
Log File Obsolescence
The User understands and accepts that The Site produces a considerable amount of activity logged within the application solution. Further, The User understands that this log information is PERMANENTLY DELETED and is NON-RECOVERABLE after a period of 14 calendar days from its creation.
Unauthorized Access to The User’s Data or Use of the Services
The Operator is not responsible to The User for unauthorized access to The User\’s data or the unauthorized use of The Site unless the unauthorized access or use results from The Operator\’s failure to meet its security obligations stated in The Agreement. The User is responsible for the use of The Site or its services by any employee, agent, representative of The User, any person to whom The User has given access to The Site, and any person who gains access to The User’s data or The Site as a result of The User’s failure to use reasonable security precautions, even if such use was not authorized by you. The User is responsible for regular and proactive security best practices to protect The User’s administrative capabilities within The Site to include secure, private and regular changing passwords for The User, and active monitoring with review of all of The User’s activities within The Site.
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, graphics, logos, button icons, photos, images, video and audio clips, programs, software, data, scripts, and coding (collectively "Content"). All Content on The Site, including both displayed and undisplayed Content of source files and databases, is the exclusive property of The Operator and protected, both individually and as a collective work, by United States and international copyright laws. Reuse of any aspect of The Site without express written permission is prohibited.
The User may not use The Site to download, publish, distribute or otherwise copy or use in any manner any text, music, software, art, image or other work protected by copyright laws unless;
The User has been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
The User is otherwise permitted by established copyright law to copy the work in that manner.
Content may also be provided by The User during their use of The Site which may also be covered by Copyright protection.
The User and The Operator agrees not to use the other's Confidential Information except in connection with the performance or use of The Site, as applicable, the exercise of The Operator’s respective legal rights under The Agreement, or as may be required by law. The User and The Operator agree not to disclose the other's Confidential Information to any third person except as follows:
to The Operator’s respective service providers, agents, and representatives, provided that such service providers, agents, or representatives agree to confidentiality measures that are at least as stringent as those stated in The Agreement.
to law enforcement or government agency if required by a subpoena or other compulsory legal process, or if either of us believes, in good faith, that the other's conduct may violate applicable criminal law as required by law; or
in response to a subpoena or other compulsory legal process, provided that each of us agrees to give the other written notice of at least seven days prior to disclosing Confidential Information under this subsection (or prompt notice in advance of disclosure, if seven days advance notice is not reasonably feasible), unless the law forbids such notice.
The User may not use The Site to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
Unauthorized access to or use of The Site, data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
Monitoring The Site, data or traffic on any network or system without the express authorization of the owner of the solution, system or network;
Interference with services provided by The Site to any user of the The Site or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
Use of an Internet account or computer without the owner's authorization to access The Site;
Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
Collecting or using information without the consent of the owner of the information;
Use of any false, misleading, or deceptive TCP–IP packet header information in an email or a newsgroup posting;
Use of the service to distribute software on The Site that covertly gathers information about a user or covertly transmits information about a user or The User;
Use of the service for distribution of advertisement delivery software unless: (i) a user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft's "ad/remove" tool); or
Any conduct that is likely to result in retaliation against the The Operator, The Site, network or website, or the The Operator's employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
Excessive Use of System Resources
The User may not use The Site in a way that unnecessarily interferes with the normal operation of The Operator services generally. In such circumstances, The Operator may require The User to repair abnormalities in The User’s data or cease use of The Site if the process conflicts with another’s use of The Site.
The User may not attempt to probe, scan, penetrate or test the vulnerability of a The Site’s system or network or to breach The Operator’s security or authentication measures, whether by passive or intrusive techniques, without The Operators's express written consent.
The User must comply with the rules of any other network The User accesses or participates in while utilizing The Site.
The User may not publish, transmit or store on or via The Site’s network and equipment any content or links to any content that The Operator reasonably believes:
Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non–consensual sex acts;
is excessively violent, incites violence, threatens violence or contains harassing content or hate speech;
is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
is defamatory or violates a person's privacy;
creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security or interferes with a investigation by law enforcement;
improperly exposes trade secrets or other confidential or proprietary information of another person;
is intended to assist others in defeating technical copyright protections;
infringes on another person's copyright, trade or service mark, patent or other property right;
promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking;
is otherwise illegal or solicits conduct that is illegal under laws applicable to The User or to The Site or The Operator; or
is otherwise malicious, fraudulent or may result in retaliation against The User of The Site or The Operator by offended viewers.
Content "published or transmitted" via The Site or The Operator’s network or equipment includes web content, email, bulletin board postings, chat and any other type of posting or transmission that relies on the Internet.
No High Risk Use
The User may not use The Site in any situation where failure or fault of The Site could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, The User may not use, or permit any other person to use, The Site in connection with aircraft or other modes of human mass transportation, nuclear or chemical facilities, or Class III medical devices under the Federal Food, Drug and Cosmetic Act.
The User represents and warrants to The Operator that The User is not on the United States Department of Treasury, Office of Foreign Asset Controls list of Specially Designated National and Blocked Persons and are not otherwise a person to whom The Operator is legally prohibited to provide use of The Site. The User may not use The Site for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles, in a country listed in Country Groups D: 4 and D: 3, as set forth in Supplement No. 1 to the Part 740 of the United States Export Administration Regulations, nor may The User provide any access to The Site to any person (including any natural person or government or private entity ) that is located in or is a national of Cuba, Iran, Libya, Sudan, North Korea or Syria or any country that is embargoed or highly restricted under United States export regulations.
If The Operator, The Operator’s affiliates, or any of The Operator’s respective employees, agents, or suppliers (The "Operator Indemnities") are faced with a legal claim by a third party arising out of The User’s actual or alleged gross negligence, willful misconduct, violation of law, failure to meet obligations required by The Agreement, then The User will pay the cost of defending the claim (including reasonable attorney fees) and any damages award, fine, or other amount that is imposed on The Operator Indemnities as a result of the claim. The User’s obligations under this subsection include claims arising out of the acts or omissions of The User’s employees, any other person to whom The User have given access to The Site or associated services, and any person who gains access to The Site as a result of The User’s failure to use reasonable security precautions, even if the acts or omissions of such persons were not authorized by you. If The User resells The Site, the grounds for indemnification stated above also include any claim brought by The User’s customers or end users arising out of The User’s resale of The Site. The Operator will choose legal counsel to defend the claim, provided that these decisions must be reasonable and must be promptly communicated to you. The User must comply with The Operator’s reasonable requests for assistance and cooperation in the defense of the claim. The Operator may not settle the claim without The User’s consent, although such consent may not be unreasonably withheld. The User must pay expenses due under this Section as The Operator incurs them.
Neither The User nor The Operator will be in violation of The Agreement if the failure to perform the obligation is due to an event beyond The Operator’s control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Limitations on Damages
The obligations of The Operator to The User are defined by The Agreement. The Operator is not liable to The User for failing to provide access or proper operation of The Site.
Neither The Operator nor The User (nor any of The Operator’s employees, agents, affiliates or suppliers) is liable to the other for any lost profits or any other indirect, special, incidental or consequential loss or damages of any kind, or for any loss that could have been avoided by the damaged party's use of reasonable diligence, even if the party responsible for the damages has been advised or should be aware of the possibility of such damages. In no event shall The Operator or The User be liable to the other for any punitive damages.
Notwithstanding anything in The Agreement to the contrary, except for liability based on willful misconduct or fraudulent misrepresentation, and liability for death or personal injury resulting from The Operator’s negligence, the maximum aggregate monetary liability of The Operator and any of its employees, agents, suppliers, or affiliates in connection with The Site, The Agreement, and any act or omission related to The Site or The Agreement, under any theory of law (including breach of contract, tort, strict liability, violation of law, and infringement) shall not exceed the greater of (i) the amount of fees The User paid for The Site for the one month prior to the occurrence of the event giving rise to the claim, or (ii) One Hundred Dollars ($100.00), which ever is greater.
Assignment / Subcontractor
The User may not assign The Agreement without The Operator’s prior written consent. The Operator may assign The Agreement in whole or in part as part of a corporate reorganization or a sale of The Operator’s business, and The Operator may transfer The User’s Confidential Information as part of any such transaction. The Operator may use third party service providers to perform all or any part of the services associated with The Site.
Reuse of Provided Content
The User agrees and grants use and ownership to The Operator of any comment, suggestion, idea, observation provided to The User either solicited or unsolicited. The User understands these statements may be used for enhancement of The Site or for marketing and advertising of The Site.
The User may have access to mail services through direct or indirect use of The Site. Management of these mail services will be by The Operator, and at their discretion thereof.
The Site will not support bulk or commercial distribution of email for more than 250 users through a single activity of The Site. The Site is not to be used for commercial or solicitation emails for advertising, products, services or to promote a position.
The Operator may deploy email filtering services designed to filter spam, phishing scams, and email infected with viruses. The Operator recommends that The User employ additional security measures, such as a desktop virus scanner and firewall, on computers that are connected to the Internet. The Operator will make reasonable attempts to deliver email, however, connectivity issues, faulty information, operational inconsistencies and third party filtering services may from time to time prevent successful delivery of The User’s messages. Notifications from The Site via email or text messaging should not be considered dependable by The User for these and other reasons.
The User acknowledge that the technological limitations of the filtering service will likely result in the capture of some legitimate email and the failure to capture some unwanted email, including email infected with viruses. The User hereby release The Operator and its employees, agents, affiliates, and third party suppliers from any liability for damages arising from the failure of The Operator’s filtering services to capture unwanted email or from the capture of legitimate email, or from a failure of The User’s email to reach its intended recipient as a result of a filtering service used by the recipient or the recipient's email service provider.
The User’s email messages and other items sent or received via the mail service will include: (i) the content of the communication ("content"), and (ii) certain information that is created by the systems and networks that are used to create and transmit the message (the "message routing data"). The content includes things like the text of email messages and attached media files, and is generally the information that could be communicated using some media other than email (like a letter, telephone call, CD, DVD, etc.) The message routing data includes information such as server hostnames, IP addresses, timestamps, mail queue file identifiers, and spam filtering information, and is generally information that would not exist but for the fact that the communication was made via email. The content of The User’s items is The User’s Confidential Information and is subject to the restrictions on use and disclosure described in The Agreement.
The Site Information Use
The Operator may collect, view and store information related to The User’s use of The Site, such as use of web, database, routing, SMTP, POP3, IMAP, and filtering choices and usage. The User agrees that The Operator may use this information for The Operator’s general business purposes and may disclose the information to third parties in aggregate statistical form, provided that The Operator does not include any information that could be used to identify The User, unless said information is material to the reason for the disclosure or the information is deemed inconsequential by The Operator.
The User accepts and grants The Operator and its agents to maintain backup copies of The Site’s stored content to maintain operational redundancy and to support recovery strategies.
Pre-Release & Beta Services
If The User elects to participate in any pre-release or beta test of The Site or aspect thereof (a "Beta Service"), then The User’s use of the Beta Service is subject to the following terms:
The User acknowledges that the Beta Service is a pre-release version and may not work properly.
The User acknowledges that The User’s use of the Beta Service may expose The User to unusual risks of operational failures.
The User should not use the pre-release version of the Beta Service in a live production environment. The User must not use the Beta Service in any hazardous environments, life support, or weapons systems.
The Operator may terminate the Beta Service at any time, at the sole discretion of The Operator.
The commercially released version of the Beta Service may change substantially from the pre-release version, and programs that use or run with the pre-release version may not work with the commercial release or subsequent releases.
The User is not entitled to any service level credits for downtime or other problems that may result from The User testing.
The User agrees to provide prompt feedback regarding The User’s experience with the Beta Service in a form reasonably requested by The Operator, including information necessary to enable The Operator to duplicate errors or problems The User experienced. The User agrees that The Operator may use The User’s feedback for any purpose, including product development purposes. At The Operator’s request, The User will provide The Operator with comments that The Operator may use publicly for press materials and marketing collateral. Any intellectual property inherent in The User’s feedback or arising from The User’s testing of the service shall be owned exclusively by The Operator.
The User agrees that all information regarding The User’s beta test, including The User’s experience with and opinions regarding the Beta Service, is "Confidential Information" of The Operator, as defined in The Agreement, and may not be disclosed to a third party or used for any purpose other than providing feedback to The Operator.
The Beta Service is provided "AS IS" with no warranty whatsoever.
To the extent permitted by applicable law, The Operator disclaims any and all warranties with respect to the Beta Service including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The maximum aggregate liability of The Operator and any of its employees, agents, affiliates, or suppliers, under any theory of law (including breach of contract, tort, strict liability, and infringement) for harm to The User arising from The User’s use of the Beta Service shall be a payment of money not to exceed One Hundred Dollars ($100.00).
Service Level Agreement
No credits or payments will be available to The User under The Operators Service Level Agreement for interruptions of service resulting from The User’s errors, omissions, violation of The Agreement herein, failure of Internet hardware, services, connectivity or aspects to perform or failure of associated systems, infrastructure, hardware or aspect relating to operation of The Site.
Personally Identifiable Information
The User understands and accepts that The Site may collect and maintain personally identifiable information as well as other information provided by The User, or parties referring to The User. The User accepts and authorizes that this information can be maintained by The Site and this information is housed within an Internet Cloud environment that may be external to The User’s residency. The User accepts responsibility and all liability for the presentation and use of personally identifiable information to The Site if restrictions to this process are provided for by local laws, policies or guidelines that govern The User.
It is the policy of The Operator to terminate without notice AND WITHOUT REFUND use of The Site by The User where it can be determined AT THE SOLE DISCRETION OF THE OPERATOR that activity was conducted, or intended to be conducted by The User or their representatives, THAT is inconsistent with any ASPECT OF THE AGREEMENT.
The Operator reserves the right to make changes to any aspect of The Agreement, The Site, its operation, policies or other aspects at the sole discretion of The Operator and with or without advance notice to The User. Any changes will be posted at http://www.majordata.com/agreement.html and be effective and binding as of the date of their posting.
Notification of Violation
The User agrees to notify The Operator immediately and specifically when any violation of The Agreement is believed to occur by either The User, or a party that comes to the attention of The User. The Operator is to be notified at firstname.lastname@example.org, and The User agrees to continue to attempt to notify The Operator until a confirmation of the response is received by The User.
This document comprises the complete and exclusive agreement (The Agreement) between The User and The Operator regarding its subject matter and supersedes and replaces any prior agreement, understanding, or communication, written or oral.
September 1, 2010
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