Acceptable Use Policy

Offensive Content

You may not publish or transmit via swizzin’s Service any content that swizzin reasonably believes:

  • constitutes child pornography;
  • 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 othersin defeating technical copyright protections;
  • clearly infringes on another person’s 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 you or to swizzin; or
  • is otherwise malicious, fraudulent, or may result in retaliation against swizzin by offended viewers.

Resale

Unless specifically permitted in a separate agreement with swizzin, the customer is not authorized to reproduce, duplicate, copy, sell, trade or resell the services provided by swizzin. Resale of slots is strictly prohibited. This may include (but is not limited to):

  • Reselling access to a Plex (or other) media server (a.k.a a Plex Share). Sharing with friends and family is fine.
  • Reselling access to FTP or HTTP downloads

Vexation & Harassment

swizzin does not tolerate any harassment, malice or abuse towards it’s employees or subsidiaries. Any form of harassment, cursing, threats, or ill will directed towards swizzin staff or authorized agents shall not be tolerated.

The Customer agrees to conduct themselves in a professional manner regardless of the method of communication with swizzin. Should the Customer be found in violation of this clause swizzin reserves the right to suspend or terminate services with or without prior notice and without liability.

Network Abuse

swizzin does not allow, condone or authorize any forms of Network Abuse including, but not limited to, Denial of Service attacks, Phishing attempts, port scans, SYN Floods etc.

swizzin reserves full right to determine what constitutes Network Abuse and take the appropriate action against the Customer with or without prior notification and without liability.

You may not engage in illegal, abusive, or irresponsible behavior, including but not limited to:

  • Unauthorized access to or use of 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 (including those belonging to swizzin and its customers) without express authorization of the owner of the system or network;
  • Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
  • Interference with service to any user, host or 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, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
  • Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting;
  • Any conduct that is likely to result in retaliation against the swizzin network.
  • Use of swizzin’s network in a way that unreasonably interferes with swizzin’s other customers use of the network.
  • Use of swizzin’s network to host an open/unauthenticated proxy or tor exit node.

Fair Use Policy

Dedicated servers

swizzin agrees that the Customer may use the full capacity of their hardware without need to worry about the level of the resource usage, as long as their usage of the Server does not conflict with the terms listed under “Network Abuse”

Shared servers

In the event the Customer uses excessive CPU from unsupported activities, such as (including, but not limited to) cryptocurrency CPU mining, swizzin reserves the right to terminate your service in order to maintain a consistent level of performance on all our Servers.

In the event that the Customer uses excessive RAM from any service (supported or unsupported), swizzin reserves the right to restart services without notice to the customer to reclaim resources for the public pool. If unsupported applications (i.e. plexdrive and rclone) or user actions are found to be constantly utilizing significant amounts of RAM and/or are impacting other users of the Service, swizzin may issue a warning to the Customer indicating that their usage of the Service is affecting other users. If the Customer ignores these notices or fails to rectify the issue, swizzin reserves the right to terminate the account.

In the event that the Customer is discovered to be using an unfairly large portion of the GPU for transcoding purposes, swizzin may issue a warning to the Customer indicating that they are unfairly using a limited resource. Similarly, the transcoding of 4K content is strictly prohibited under any circumstance. Depending on the nature of the infraction, customers may be suspended and/or terminated.

IP Addresses

swizzin assigns IP addresses to clients based upon the guidelines of ARIN: https://www.arin.net/policy/nrpm.html. All IP Address allocations must be justified based upon this policy. swizzin reserves the right to request verification at any time for assigned IP addresses at which time, under swizzin’s discretion, IP assignments may be revoked.

Each user on a shared server is assigned a shared IP when their service is provisioned (unless they purchase the dedicated IP addon). You are not permitted to change the bind IP of any of your services to anything other than what was provisioned to your slot (unless you purchase the dedicated IP addon).

Unaccepted Materials

swizzin does not accept material such as:

  • DoS Scripting
  • Proxy
  • Tor
  • Warez
  • Escrow
  • High Yield Investment Programs (HYIP)
  • illegal gambling and lottery sites or services.
  • Content “published or transmitted” via swizzin’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any service provided by swizzin.

swizzin may terminate service for any of the above reasons and it is at swizzin’s sole discretion to issue a refund.

Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

Bulk Commercial E-Mail

Any kind of bulk emailing is strictly prohibited with our hosting solutions. Please keep in mind, swizzin is a dedicated and shared server provider and is not representative of any other service (such as and not limited to – email hosting). If you would like to use your swizzin server as an email solution, you must obtain swizzin’s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to swizzin’s reasonable satisfaction:

  • All Bulk Emailing must be limited to send no more than 60 emails per minute.
  • Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
  • Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
  • You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and swizzin’s requests to produce consent evidence within 72 hours of receipt of the request.
  • You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
  • You must have a Privacy Policy posted for each domain associated with the mailing;
  • You have the means to track anonymous complaints;
  • You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your swizzin service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your swizzin service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

swizzin may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

You must comply with the rules of any other network you access or participate in using your swizzin services.

Abuse Tickets

swizzin’s standard policy is to contact The Customer during which a violation of the AUP or TOS has occurred, however, swizzin does reserve the right to suspend or terminate an account with or without notice at it’s own discretion. The Customer agrees to maintain up to date primary contact email information with swizzin. The violation shall be listed in the Subject of the email sent from our administration and abuse department ([email protected]). The Customer shall be given all appropriate details of the Violation as well as a time frame to correct the issue before action shall be taken. Once the email has been sent to The Customer, swizzin will consider that The Customer has been notified. swizzin reserves the right to use discretion on the amount of time given for a customer to correct the issue before action is taken.

Resource Abuse

We shall investigate the resource abuse and provide the Customer with a best effort analysis of the problem causing the resource abuse. At which time the Customer will be given a time frame to make the corrections to their code, scripts, or software services running. If the issue is not corrected within the time frame given, swizzin will then take further steps to ensure the stability of the network and servers and may take actions including but not limited to disabling plugins, themes, accounts, scripts, services and in reserves the right to issue a full service suspension depending on the severity of the issue based upon swizzin’s judgment of the scenario.

None of the above examples are meant to be specific guidelines with regards to how each and every case may be handled. swizzin reserves full rights to use its judgment and discretion in how each individual case is handled.

Disclaimer

swizzin is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the swizzin network.