Terms of Service and Usage Agreement

Swap.Net offers services, including general and personalized content, communication tools and online applications revolving around Online Barter and E-Commerce (the “Service”) on the following terms.

By using the Service in any way you are agreeing to comply with these terms, which we may update without notice. We encourage you to check our policies frequently.

You must be at least 18 years old and competent to enter into a contract to use the Service. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the applications available on the domain www.Swap.Net as well as affiliated domains operated by Swap.Net

(“Swap.Net”, “we”, or “us”).

YOUR RESPONSIBILITY FOR CONTENT & CONDUCT

You are responsible for any content that you post or transmit on or through the Service.

You will not use the Service to distribute, link to, or solicit content that:

· is unlawful, harmful to minor, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another’s privacy, or racially, ethnically, religiously or otherwise offensive;

· Includes personally identifiable information about children;

· Infringes someone else’s intellectual property or other rights

● violates any law, regulation, or contract;

● constitutes a raffle, sweepstakes, lottery, or any other form of gambling;

● specifically advertises firearms or ammunition, tobacco, alcohol, pornography.

● contains software viruses or any other computer code, files, or programs that are

designed or intended to disrupt, damage, or limit the functioning of any software,

hardware, or telecommunications equipment.

You will comply with all applicable laws and regulations regarding online conduct and content. You will not use the Service to collect, store, or use information about others for the purpose of sending unsolicited or unauthorized communications. Except as we specifically authorize (via license or otherwise), you will not reproduce, distribute, or commercially exploit any part of the Service.

ACCURATE INFORMATION

You will provide accurate and current information on all registration forms required for the Service. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any content distributed through the Service.

PRIVACY POLICY

Our Privacy Policy was developed as an extension of our commitment to combine the highest-quality products and services with the highest level of integrity in dealing with our clients and partners. The Policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our site and our products and services. This statement will be continuously assessed against new technologies, business practices and our customers’ needs.

WHAT INFORMATION DO WE COLLECT?

When you visit our Web site you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and Web site use information collected on an aggregate basis as you and others browse our Web site.

1. PERSONAL INFORMATION YOU CHOOSE TO PROVIDE

CREDIT CARD INFORMATION

If you choose to purchase products or services from us, you may need to give personal information and authorization to obtain information from various credit services. For example, you may need to provide the following information:

● Name

● Mailing address

● Email address

● Credit card number

● Home and business phone number

● Other personal information ( i.e. mother’s maiden name or social security number)

EMAIL INFORMATION

In addition to providing the foregoing information to Swap.Net, if you choose to correspond further with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.

WEB SITE USE INFORMATION

We may enter into strategic marketing alliances or partnerships with third parties who may be given access to personal information including your name, address, telephone number and email for the purpose of providing you information regarding products and services that we think will be of interest to you. In connection with strategic marketing alliances or partnerships, we will retain all ownership rights to the information, and we will not share information regarding your social security number or other personal financial data.

NOTICE OF NEW SERVICES AND CHANGES

Occasionally, we may also use the information we collect to notify you about important changes to our Web site, new services and special offers we think you will find valuable. As our client, you will be given the opportunity to notify us of your desire not to receive these offers by clicking on a response box when you receive such an offer or by sending us an email request at support@Swap.Net.

HOW DO WE SECURE INFORMATION TRANSMISSIONS?

When you send confidential personal credit card information to us on our Web site, a secure server software, which we have licensed, encrypts all information you input before it is sent to us. The information is scrambled en route and decoded once it reaches our Web site.

Other email that you may send to us may not be secure unless we advise you that security measures will be in place prior to your transmitting the information. For that reason, we ask that you do not send confidential information such as Social Security or account numbers to us through an unsecured email.

HOW DO WE PROTECT YOUR INFORMATION?

Information Security. We utilize encryption/security software to safeguard the confidentiality of personal information we collect from unauthorized access or disclosure and accidental loss, alteration or destruction.

Evaluation of Information Protection Practices. Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the security, confidentiality and quality of our information.

Employees Access, Training and Expectations. Our corporate values, ethical standards, policies and practices are committed to the protection of customer information. In general, our business practices limit employee access to confidential information, and limit the use and disclosure of such information to authorized persons, processes and transactions.

How Can You Access and Correct Your Information?

You may request access to all your personally identifiable information that we collect online and maintain in our database by emailing billing@Swap.Net.

WHAT ABOUT LEGALLY COMPELLED DISCLOSURE OF INFORMATION?

We may disclose information when legal compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights.

WHAT ABOUT OTHER WEB SITES LINKED TO OUR WEB SITE?

We are not responsible for the practices employed by Web sites linked to or from our Web site nor the information or content contained therein. Often links to other Web sites are provided solely as pointers to information on topics that may be useful to the users of our Web site.

SECURITY/ NO DISRUPTION

You are responsible for all activities that occur under your password or account, and will keep your password (s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other breach of security. You will not disrupt the functioning of the Service; solicit another user’s password, or other wise act in a way that interferes with other users’ use of the Service. Nor may post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information.

OBJECTIONABLE CONTENT

The opinions and views expressed by other users of the Service or content providers do not necessarily reflect those of Swap.Net. You waive any claim resulting from your exposere to material on the Service that is offensive, indecent, or otherwise objectionable. You must be at least 18 to become a new member of this Service.

We generally do not pre-screen, monitor, or edit content provided by third parties. We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties.

We may set limits regarding the Service, including limits on the length of storage of email and other user content, the number of messages going to or from a user account, the size of messages, and the total amount of storage available to a user. We are not liable for the deletion or loss of messages, other communications, or other content maintained or transmitted by the Service.

We may change or terminate the Service or any part of it without notice or liability. We may terminate or change your password, account, or use of all or any part of the Service and may remove any content within the Service without notice and for any reason, including lack of use or violation of these terms.

INDEMNITY

You will indemnify Swap.Net, and its subsidiaries, affiliates, officers, agents, and employees against any claim or demand, including reasonable attorneys’ fees, related to content you distribute via the Service or your use of or conduct on the Service.

DISCLAIMER / LIMITATION OF LIABILITY

WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SERVICE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE, AND YOU SHOULD NOR RELY UPON THEM. WE PROVIDE THE SERVICE ON AN “AS IS, AS AVAILABLE” BASIS. YOU USE IT AT YOUR OWN RISK, AND Swap.Net,

ITS EMPLOYEES, DISTRIBUTORS, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, (EVEN IF KNOWN TO US) THAT MAY RESULT FROM ITS USE.

WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGMENT. NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

NOTICES

Notices to you may be made via email, regular mail, notices posted on the Service, or changes to this Agreement.

COPYRIGHT

The information available through the Service is the property of Swap.Net., or its licensors, and is protected by copyright and other intellectual property laws. Information received through the Service may be displayed and printed for the Client’s in-house use only. Client agrees not to reproduce, retransmit, photocopy, distribute, disseminate, publish, broadcast or circulate the information received through the Service to anyone, directly or indirectly, outside of the Client’s company or organization without the express prior written consent of Swap.Net. Client agrees to communicate such notice. This Agreement is specific to Client, and Client may not assign its rights or obligations to another entity. In the event of the purchase of substantially all of the equity interests or assets of Client, the purchaser may assume the rights under this subscription. If any provision of the Agreement is invalid under applicable law, the remaining provisions will continue in full force and effect. The laws of the United States of America and the State of California governing contracts wholly entered into and wholly performed within California shall govern this Agreement, all intellectual property issues, and Client’s rights and obligations.

Information generated through the use of the Service (including, without limitation, contact and mailing lists) may be distributed within Client’s company or organization solely for its own exclusive, confidential and internal use during the term of this agreement. Client is prohibited from: (a) using or permitting the use of the information to prepare an original database or a comparison of the Service to other databases that is sold, rented, published, or furnished in any manner to a third party; (b) using or permitting the use of the information for the purpose of compiling, enhancing, verifying, supplementing, adding to, or other compilation of information that is sold, rented, published or furnished in any manner to a third party; or (c) using or permitting the use of the information in connection with any individual credit, employment or insurance applications. Swap.Net reserves the right to suspend or terminate Client’s access immediately, without further notice or refund, upon violation of this Section.

PAYMENT TERMS

All Subscriptions are monthly or annual contracts. Payment for services is due upon activation. If any required payment is not received by Swap.Net within 30 days of Client’s receipt of invoice for any payments, Swap.Net reserves the right to suspend or terminate the Client’s Subscription, without further notice.

CANCELLATION POLICY

The Client may cancel the Subscription at any time by giving Swap.Net written notice, either through e-mail to support@Swap.Net or via regular mail to Swap.Net., P.O. Box 1427, Foresthill, CA 95631. at least ten (10) days before the Clients next billing cycle. Upon such written notice the Clients billing information will be removed and at the end of the current cycle the account will be removed and all data will be deleted.
THERE ARE NO REFUNDS for any reason at any time.