Acceptable Use Policy (AUP)

Swiftway and its subsidiaries (collectively "Swiftway") have formulated this Acceptable Use Policy in order to encourage the responsible use of Swiftway's networks, systems, services, web sites and products (collectively "Swiftway's Network and Services") by our customers and other users ("Users"), and to enable us to provide our Users with secure, reliable and productive services.

General Conduct

Swiftway's Network and Services must be used in a manner that is consistent with their intended purposes and may be used only for lawful purposes. Users may not use Swiftway's Network and Services in order to transmit, distribute or store material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, (c) that is fraudulent, obscene, defamatory, libellous, threatening, abusive or hateful or contains a virus, worm, Trojan horse, or other harmful component, (d) containing fraudulent offers for goods or services or any promotional materials that contain false, deceptive or misleading statements, claims or representations or (e) generally, in a manner that may expose Swiftway or any of its personnel to criminal or civil liability.

Responsibility for Content

Swiftway takes no responsibility for any material created or accessible on or through Swiftway's Networks and Services that is not posted by or at the request of Swiftway. Swiftway does not monitor nor exercise any editorial control over such material, but reserves the right to do so to the extent permitted by applicable law. Swiftway is not responsible for the content of any web sites other than Swiftway's web sites, including for the content of web sites linked to such Swiftway's web sites. Links are provided as Internet navigation tools only.

Unsolicited Messages

Users may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ("Spam") in a way that could be reasonably expected to adversely impact Swiftway's Network and Services, including, without limitation, using an e-mail account on Swiftway's network to send Spam, or using the service of another provider to send Spam or to promote a site hosted on or connected to Swiftway's network. In addition, Users may not use Swiftway's Network and Services in order to (a) send e-mail messages which are excessive and/ or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, "mailbombing", (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data.

Third Party Rules / Usenet

Users may have access through Swiftway's Network and Services to search engines, subscription web services, chat areas, bulletin boards, web pages, Usenet, or other services that promulgate rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines and agreements. Users who post messages to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying therewith. Regardless of such policies, Users may not (a) post the same message, or a series of similar messages, to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "Usenet Spam"), (b) cancel or supersede posts not originally posted by such User, unless such User does so in the course of his/her duties as an official newsgroup moderator, (c) post any message with forged packet header information, (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters, or (e) publish anonymous messages.

System and Network Security

Users are prohibited from violating or attempting to violate the security of Swiftway's Network and Services, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (e) taking any action in order to obtain services to which such User is not entitled. Violations of system or network security may result in civil or criminal liability. Swiftway will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting Users who are involved in such violations.

Suspension; Termination

Any User which Swiftway determines, in its sole discretion, to have violated any element of this Acceptable Use Policy shall receive a written warning and may be subject, at Swiftway's discretion, to a temporary suspension of service until such User agrees in writing to refrain from any further violations. However, where Swiftway deems it necessary, it may in its sole discretion immediately suspend or terminate such User's service without issuing such a warning. Users which Swiftway determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice and Swiftway may take such further action as Swiftway solely determines to be appropriate under the circumstances to eliminate or preclude such violation. Swiftway shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from Swiftway's exercise of its rights under these policies.

Installation; reinstallation

Users are allowed to request upto one free reinstallation per calender month of the operating system Swiftway originally delivered with the server. If Users request more then one reinstallation per calender month or requests a change of the installed Operating system, then these are charged at Euro 25,00 per installation.

Swiftway reserves the right to modify this Acceptable Use Policy at any time in its sole and absolute discretion. Changes and modifications will be effective when posted and any use of the Swiftway Network and Services after the posting of any changes will be considered acceptance of those changes. LEGAL/TERMS OF USE

Last Modified Februari 18th, 2008
Eureka Solutions Sp. z o.o.
This is a Web site of Swiftway and of its subsidiaries.
Our corporate headquarters address is

Swiftway Sp. z o.o.
ul. Wlodkowica 21 - 3rd floor
50-072 Wroclaw
Poland

Terms of Use

These terms of use apply to the use of any Web site created and/or maintained by or for Swiftway Sp. z o.o. or any of its affiliates (hereafter "Swiftway").

Copyright

Copyright 2008 Swiftway All rights reserved. Permission is given to view, copy, print, and distribute material on this Web site subject to the following conditions:

* This material may be used only for internal, informational, non-commercial purposes.
* Any copy of the material or portion thereof must include this copyright notice.
* You may establish a hypertext link to the Swiftway Web site from your World Wide Web site so long as the page containing the link properly attributes the linked site to Swiftway and does not in any way imply Swiftway's sponsorship of your site. However, you may not, without obtaining Swiftway's written permission, republish, redistribute or otherwise make any copies, of the materials on the Swiftway site, as a part of the link, including by framing or similar means, or otherwise.

No other use of the material within this web site or portion thereof is permitted without the express written consent of Swiftway. Content and Liability Disclaimer

Swiftway uses reasonable efforts to include accurate, complete and current information on this site. However, Swiftway does not warrant that the content herein is accurate, complete, current, or free of technical or typographical errors. It is your responsibility to verify any information before relying on it. Swiftway reserves the right to make changes and updates to any information contained within this site without prior notice.

Some restrictions apply to products and services. Some products and services are not available in all markets - check with your Swiftway Account Representative.

Access to, and use of, this site and the content thereof is at the risk of the user. We have provided links to certain other World Wide Web sites solely for your convenience, and Swiftway is not responsible for the content of any other sites. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

SWIFTWAY MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
NEITHER SWIFTWAY NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SITE OR ON ANY OTHER HYPERLINKED WEB SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF UNLESS THESE DAMAGES HAVE BEEN CAUSED BY THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF SWIFTWAY.
Copyright Notice Specific to Software Available on This Web Site

Any software that is made available to download from this server ("Software") is the copyrighted work of Swiftway and/or its suppliers. Use of the Software is governed by the terms of the end user licence agreement, if any, which accompanies or is included with the Software ("Licence Agreement"). An end user will be able to install any Software that is accompanied by or includes a Licence Agreement only if he or she first agrees to the Licence Agreement terms. Unless the terms of the Licence Agreement state otherwise, an end user may solely use the Software on its own personal computer(s) for non-commercial purposes.
The Software is made available for downloading solely for use by end users according to the Licence Agreement. Any reproduction or redistribution of the Software not in accordance with the Licence Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENCE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
EXCEPT AS WARRANTED IN THE LICENCE AGREEMENT, SWIFTWAY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Trademarks

Swiftway and the Swiftway logo are trademarks of Swiftway. Swiftway product and service names are marks of Swiftway. Other product and service names may be trademarks of their respective companies. The absence of an identification of third party marks or the lack an attribution of ownership of such marks on this Web site should not be construed as any claim of rights by Swiftway.

Contributions

Any comments, suggestions or other information sent by a user to Swiftway ("Contributions") are provided without restriction or obligation on Swiftway and will not be held in confidence. All Contributions shall be made in accordance with the principles set out in Swiftway Acceptable Use Policy. User transfers to Swiftway all intellectual property rights with regard to the Contributions.

Consent to Monitoring

Swiftway is under no obligation to monitor the material residing on or transmitted to this server. However, anyone using this server agrees that Swiftway may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other governmental requests and these terms of use; (2) to operate the server properly or to protect itself and its users. Swiftway reserves the right to modify, reject, or eliminate any material residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of the law or these terms and conditions.
ONLY authorised users may use Swiftway systems and applications with access control. User processing activities will be monitored for administrative and security purposes. Anyone using these systems or applications expressly consents to such monitoring and to the use of any evidence of unauthorised access, use or modification for criminal prosecution.

Dispute Resolution

Any claims arising out of the use of the Swiftway Web site shall be resolved by the courts of competent jurisdictions of Bialystok, Poland. The internal laws of Poland (other than the rules of private international law) shall apply.
We can be reached via e-mail at support@swiftway.co.uk for all questions related to these Terms of Use or any other Swiftway website-related matter.

LEGAL/PRIVACY STATEMENT

Last Modified Februari 18th, 2008

Privacy Statement

The Information We Obtain and How We Use It

The information we obtain from you is generally necessary for us to provide you with services and design new services for your future use. For example, we need to know your company name, address and the services you buy from us to properly provide and invoice for those services or recommend how we can best serve you.
We may also use information in our records to protect our customers, employees or property - for instance, to investigate fraud, harassment or other types of unlawful service activities involving Swiftway or other carriers that we do business with. In some cases, it may be necessary to provide this information to the government or third parties that make a lawful demand for it.

We share information within our Swiftway companies to enable us to better understand our customers' product and service needs, and to learn how to best design, develop, and package products and services to best meet those needs. Like any large business, we have structured our company to include a number of smaller companies.

Accuracy of the Information We Hold

We want to make sure the information we obtain and use about customers is accurate. To that end, we strive to verify that our customer records are correct. Much of this information is reflected in your monthly invoice. Furthermore you may view your records upon request. If you see an inaccuracy on your Swiftway invoice or in your records, and you let us know, we can correct it.

Security and Accountability

We have information systems that collect and store customer information in addition to systems that store our own business records. These systems have different types of security as appropriate for the information stored. Swiftway requires employees to keep customer information confidential and we hold them accountable for their actions.

Disclosure of Information Outside Swiftway

As a general rule, without your permission, Swiftway does not release confidential customer information to unaffiliated third parties unless we have a business relationship with those companies where the disclosure is appropriate. For example, we may hire outside companies as contractors or agents; or we might be engaged in a joint venture or partnership with a company. We provide information to these other companies only as needed to accomplish our business objectives and the companies are bound by requirements to keep Swiftway customers' information confidential.
There are exceptions to the general rule. For example, we might provide information to regulatory or administrative agencies so that they can accomplish their regulatory tasks or to maximise the efficiencies of our own processes. Other disclosures will be driven by legal requirements imposed on Swiftway. Swiftway complies with "legal process," such as a subpoena or court order or other similar demand, associated with either criminal or civil proceedings; and, if not prohibited by the legal document, we will advise you of the demand.

Privacy Over the Internet

The only individually identifiable information Swiftway obtains about individual visitors to our Web sites is information supplied voluntarily by the visitor. This means that you can visit our Web sites without telling us who you are or revealing any information about yourself. To gauge the effectiveness of our Web sites, we do collect some non-individually-identifiable generic information about our visitors. Our Web servers automatically recognise a visitor's Internet service provider, the IP address, the domain name, the type of browser, and the operating system. In addition to, which pages are viewed on our sites, the Web page you were on when you link to our sites, how much time a visitor spends on each page and other information related to the operation and interaction of Swiftway Web sites. This information does not reveal a visitor's identity. We aggregate this information and use it to evaluate and improve our Web sites.
You can choose to provide individually identifiable information to Swiftway in a number of ways through our Web sites - by ordering a service from us, sending us email, registering to receive news or information or applying for a job. When visitors supply information about themselves for a specific purpose, Swiftway uses the information for that purpose (such as to provide the information the visitor has requested or to consider a visitor for a particular job). In addition, when visitors use our Web sites to order services, or to request information about our services, we may use the individually identifiable information as we would use the same information obtained off-line - for example, to evaluate your service needs and contact you regarding additional services you may find useful.

We do not sell or disclose individually identifiable information obtained on-line about our visitors, to anyone outside of Swiftway except as described above (when Swiftway is in a business relationship with an unaffiliated party and then under confidentiality restrictions) unless you specifically authorise it, it is required by law (including the service of subpoenas or court orders in either civil or criminal lawsuits), or disclosure is necessary to protect the safety of customers, employees or property. If you provide individually identifiable information to us in the context of an event Swiftway sponsors with another company, such as a contest, or if you register on a co-sponsored site or feature, you may also be providing the individually identifiable information to the co-sponsor.
The Swiftway Web sites may contain links to other sites. We are not responsible for the content or privacy practices employed by other sites. Other Web sites may have different privacy policies or no policy. Users should review the privacy policies of any Web site before providing personal information.

E-Mail Communications:
Swiftway, or those with whom Swiftway has a business relationship, will use email to communicate with our customers, respond to visitors' emails, or to inform about events or new products. If you do not want to receive emails about events or new products from Swiftway and/or those with whom Swiftway has a business relationship you can object thereto.

Update of this Privacy Statement

To improve the services it can offer you, Swiftway may opt to expand its capabilities for obtaining information about users in the future. Swiftway will update this privacy statement continually to ensure that you are aware of developments in this area.
Swiftway is committed to maintaining the privacy of customer information. At Swiftway, your privacy is a priority.
Swiftway is committed to maintaining the privacy of customer information. At Swiftway, your privacy is a priority. We can be reached via e-mail at support@swiftway.co.uk for all questions related to this Privacy Statement or any other privacy-related matter.