Terms of Service
- Radium Hosting, LLC does not allow unsolicited email and requires opt-in list managers to include at least one single action method of unsubscribing in each email. We reserve the right to limit incoming or outgoing email at any time.
- Radium Hosting, LLC reserves the right to terminate your account at any time without a refund. Reasons for termination include (but are not limited to)
- Abuse of the machines - either intentional or due to improper coding
- Committing or Promoting any type of illegal activity including fraud, mailbombing, denial of service attacks, storing and/or housing and/or linking to illegal content, including but not limited to, "warez", "hacking"/"cracking"/"key generators", copyrighted audio or video files without written consent from the legal copyright owner. Additionally, Radium Hosting, LLC reserves the right to terminate your account if at any time your site contains any type of child pornography or links to child pornography.
- Use of ad-servers, attempts to circumvent quota system owned by 'nobody', certain podcasting sites, use of torrent software, proxies, excessive resource usage or 'core dumping'.
- Attempts to circumvent any of our security policies, procedures or systems.
Terms of Service/Usage Policy
Radium Hosting, LLC™ Acceptable Use Policy described below defines the actions which Radium Hosting, LLC considers to be abused and strictly prohibited. There are no exclusions in this listing. Please, be aware that the actions listed below are also prohibited from other Internet Presence Providers (IPP's) and their users on behalf of Radium Hosting, LLC to advertise any service hosted by Radium Hosting, LLC or connected via the Radium Hosting, LLC Network. As defined by the Federal Trade Commission Deception Policy Statement, such services are not to be advertised by way of deceptive marketing policies. For abbreviation purposes, Radium Hosting, LLC will be referred as Radium Hosting, LLC and companies or individual account owners using our services as CUSTOMERS.
Radium Hosting, LLC Acceptable Use Policy has been formulated with the following goals in mind:
Ensure security, reliability and privacy of Radium Hosting, LLC systems and network, and the networks and systems of others.
Avoid situations that may cause Radium Hosting, LLC to incur civil liability.
Maintain the image and reputation of Radium Hosting, LLC as a responsible organization.
Preserve the value of Internet resources as a conduit for free expression.
Encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services.
Preserve the privacy and security of individual users.
The Acceptable Use Policy below defines the actions which Radium Hosting, LLC considers to be abusive, and thus, strictly prohibited.
The examples named in this list are non-exclusive, and are provided solely for guidance to Radium Hosting, LLC customers. Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by Radium Hosting, LLC, or connected via the Radium Hosting, LLC network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement.
Customers may not use Radium Hosting, LLC's network as to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy.
Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mailbombing, or other deliberate attempts to overload or crash a host or network.
Customers will be held liable for incorrect setting of netmasks, routes, or any other network configuration or programming issue which causes unnecessary broadcast or multicast traffic on our network, or denial of service, deliberate or not, caused by forging ARP queries or replies or by configuring IPs into their machine which were not assigned to their server. Any of these actions may result in disconnection of the server at fault from the network and/or correction of the fault at the customer's risk and expense. Any loss of functionality caused by the attempted correction of the problem will be the customer's responsibility to solve. If the malignity of the problem is deemed by Radium Hosting, LLC to not warrant such drastic action, the customer will be contacted via the ticketing system to correct the problem himself. Customers are responsible for maintaining their contact information in the ticketing system such that the email address is always reachable even in the event of their Radium Hosting, LLC servers being shut down.
If your server is the initiator or target of a denial of service attack that adversely affects our/somebody else network, we will terminate your account without warning and you will be held responsible for any charges that may result from this action.
Activities that attract denial of service attacks are expressly prohibited. Customers involved in these activities will be terminated as soon as we are aware of them. These activities include, but are not limited to: selling shell accounts, and involvement with IRC of any kind. This prohibition is for the protection of our customer base as a whole; these kinds of services tend to attract attacks that have the potential to degrade service for all of our customers.
Radium Hosting, LLC will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security may incur criminal or civil liability. Radium Hosting, LLC reserves the right to charge up to $500 per complaint to investigate.
Mandatory Security Updates
From time-to-time, we notify our clients of any exploit we deem potentially catastrophic. For an exploit to be considered catastrophic, it must be attacking widely deployed applications that are in use on a majority of servers. For example, but not limited to, software related to DNS, APACHE, and SENDMAIL.
The security notification will be sent via our customer subscribed mailing list, with a subject line of "Mandatory Security Update". It will provide a synopsis of the exploit, what is effected, and probable repercussions associated with failure to update. In addition, the email will provide a link for customers to download updated software or fixes, or patches, and directions on installing it. Customers are responsible for following the instructions in all " Mandatory Security Update" within 24 hours from their release.
To ensure the security of the clients' servers and to maintain our network integrity, if 24 hours past notification the software at issue has not been updated or patched, Radium Hosting, LLC reserves the right to apply all necessary updates, fix any other obvious security holes we may find, and bill the customer's account at the applicable hourly support rate without further notice or customer approval.
Customer Spamming Policy
Radium Hosting, LLC has zero tolerance for spam originating from our customers, or from our customers' customers, or for spam advertising web sites of our customers or our customers' customers.
You refers to the Radium Hosting, LLC Customer; we refers to Radium Hosting, LLC.
Radium Hosting, LLC has the right to charge $500 per complaint to investigate.
Radium Hosting, LLC does not deal with your customers or their customers etc.; We hold our customers responsible for dealing with spam from or about their section of the network. Radium Hosting, LLC customers are responsible for ensuring that they, their customers, and their respective agents and contractors abide by this policy. Radium Hosting, LLC's customers will be held responsible for all traffic either sent via their connection to Radium Hosting, LLC or sent elsewhere using support services provided via their connection to Radium Hosting, LLC. "Support services" includes DNS, hosting websites, electronic mailboxes, IRC servers, sale of spamming software or other similar services. Customers are also responsible for ensuring that they do not advertise or promote themselves through UBE/UCE.
If we get a first complaint, we will forward it to you. If we don't receive a response indicating the complete resolution of the complaint within 24 hours, we may drop the section of IP space involved in the spam complaint until we are convinced that the problem is resolved. In particular, we are concerned with spam that not only originates from your network, but also that advertises sites hosted on your network.
If we get repeat complaints and it is clear that the problem has not been resolved, we may blackhole the section of IP space involved in the spam complaint until we are convinced that the problem is resolved. If so, we will contact you as soon as is feasible.
We reserve the right, to drop the section of IP space involved in spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
What does this mean to me?
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
You must promptly investigate and deal with any spam or other abuse complaints forwarded to you.
If your server hosts any mailing lists, they must all be true opt-in lists, which means that, before sending any commercial email, a confirmation email, preferably with a tracking number, is sent to the new subscriber, to which they must respond. If they do not respond to the confirmation email, they must not be considered to have opted in. You should keep these confirmations on file or in a database so that when complaints come in, you can prove the subscriber actually opted in. You must in addition provide at least one easy way to opt-out: see the MAPS guidelines for details.
If your server is used to send any email at all, it must also be configured to support RFC 1123 section 5.2; in particular it must accept mail for 'postmaster' and must accept bounces.
Why this Policy?
We at Radium Hosting, LLC feel strongly that the usability of the Internet is dependent on the elimination of UCE (Unsolicited Commercial E-mail) from the mailboxes and newsgroups of both casual and heavy Internet users. If you host web sites, you must be particularly vigilant, as you and your other customers could be disconnected from the Internet due to one customer's spamming.
Radium Hosting, LLC maintains, as a convenience to its clients, regular automated data backups on accounts with gzip backup files equal to or less than 1 gigabytes in total size. This service is included with Business Class and Budget hosting and is provided at no additional charge. Hosting accounts with gzip backup files greater than 1 gigabytes in size will not be included in regular data backups; this service is, however, available for an additional service charge for accounts with gzip backup files exceeding the 1 gigabyte size limit.
While Radium Hosting, LLC maintains the previously stated backups, this service is provided as a convenience only and Radium Hosting, LLC assumes no liability as to the availability or completeness of client data backups. Each client is expected and encouraged to maintain backup copies of their own data. Radium Hosting, LLC will restore accounts for customers, which includes a $15 restoration fee. Additional data restores are subject to additional service fees.
Higher levels of traffic will incur overcharges on a monthly basis. Radium Hosting, LLC provides access to web reports for network traffic monitoring and reporting. Radium Hosting, LLC also provides graphs that show customers' monthly usage, which is the average rate, and reflects the amount of bandwidth transferred during the month. These charges reflect our expenses in network maintenance, upgrades, backbone port charges, leased line loops, and equipment.
Overage charges are set to $0.05 per MB.
Disk Space Charges
Overage charges are set to $0.05 per MB.
ARIN (the American Registry for Internet Numbers) is becoming very stringent with IP addresses, and refuses to grant them without a strict accounting of use of existing IP's; we must therefore require periodic updates of IP address use.
Any IP numbers which remain unused after a 30-day period, according to our periodic 'ping' testing, will be subject to reassignment by Radium Hosting, LLC. No prior notice will be given, but we will email you at your current contact address to inform you that we have taken back the IP numbers. You can of course request more when you are ready to use them. And, as stipulated elsewhere, any work incurred in reclaiming unused IP numbers which have been registered as nameservers will be billed at our current administrative services rates.
Radium Hosting, LLC may assign its customers IP (Internet Protocol) addresses on a temporary basis or for the life of the contract. Customer agrees that IP addresses are not portable, and acknowledges that IP addresses are the sole property of Radium Hosting, LLC and are assigned as part of the services. Furthermore, client acknowledges that use of IP addresses not allocated by Radium Hosting, LLC to customer or users is expressively prohibited and will incur a penalty fee.
This fee would be calculated on a standard engineers hourly rate fee of $125 separate from any other service or incident fees prepaid by customer. At the conclusion of Customer's contract, Customer is required to provide a copy of an Authorized domain registrar (i.e. Network Solutions) records, showing that Customer's hostname servers no longer claim the use of our IP addressed we have provided to customer. This document must be delivered to Radium Hosting, LLC within 10 days after the effective contract termination date.
Customers are prohibited from transmitting on or through any of Radium Hosting, LLC's services, any material that is, in Radium Hosting, LLC's sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
Radium Hosting, LLC's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Radium Hosting, LLC's reserves the right to remove such illegal material from its servers.
The customer is responsible for keeping his billing data with Radium Hosting, LLC up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
The resale of Radium Hosting, LLC's products and services is not permitted, unless specifically permitted and documented in a written agreement.
Important IP Disclosure: Radium Hosting, LLC may assign customer a reasonable amount of IP addresses (Internet Protocol) on a temporary basis or for the life of the contract. Client agrees that IP addresses are not portable and acknowledges that IP addresses are the sole property of Radium Hosting, LLC and are assigned as part of the services. Furthermore, client acknowledges that use of IP addresses not allocated by Radium Hosting, LLC to customer or users is expressively prohibited and will incur a penalty fee.This fee would be calculated on a standard engineers hourly rate fee of $150 separate from any other service or incident fees prepaid by customer.
Facilitating a violation of this AUP: Software, services, programs, activities, and advertisements that promote, enable, or facilitate any activity that is prohibited within this document, including spam, denial of service attacks, compromise of other systems or attempts to compromise other systems are ALL considered to be violations of this AUP.
To insure the quality of service of our shared hosting clients, Radium Hosting, LLC reserves the right to migrate high resource utilizing clients to servers which may, or may not, incorporate stated 'business class hardware'.
Domain Name Dispute & Copyright Claims Policy
Radium Hosting, LLC ("Radium") supports the protection of intellectual property. Therefore, we have established the following policies regarding copyright infringement claims.
Domain Name Dispute Claims
Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") if you have a concern or dispute concerning a domain name. The UDRP covers domain names disputes; this Policy specifically excludes domain name disputes. Please see http://www.icann.org/udrp/udrp.htm.
Radium Hosting, LLC reserves the right to cancel service(s) at any time. All fees paid in advance of cancellation will be pro-rated and refunded by Radium Hosting, LLC to customer if Radium Hosting, LLC initiates its right of cancellation and customer is NOT in violation of these Terms and Conditions. If cancellation is caused by customers and/or its client's breach of the Terms and conditions, then customer agrees that no refund is due. Customer understands that service(s) can be canceled at any time effective the end of the contract.
Radium Hosting, LLC requires a written cancellation notice via the customer portal, a minimum of 24 hours prior to 00:00:01 EST (GMT-6) on the Anniversary Billing Date for discontinuance or downgrades of month to month services. Failure to supply the requisite 24 hour written notice of cancellation will result in a full billable monthly cycle prior to cancellation. Any product or service cancellation prior to the minimum deadline will remain intact until the automated process reclaims your product or service on the Anniversary Billing Date. Notice of written cancellation is required through the online customer portal located at http://clients.radiumhosting.com/. All Customer data remaining after the cancellation date will be destroyed for security and privacy reasons, unless otherwise required by law.
Radium Hosting, LLC reserves the right to deny, forfeit, or refuse refunds at any time if necessary. Third party cancellations are not accepted.
Upon termination, either by Radium Hosting, LLC or Customer, for any reason, Customer is responsible for deleting his/her host registrations from domain registrar(s) immediately. Customer further agrees to pay Radium Hosting, LLC all reasonable administrative costs if Radium Hosting, LLC must intervene in deregistering the hosts.
Refunds & Disputes:
All services rendered by Radium Hosting, LLC are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an accounting ticket inside the Customer portal located at http://clients.radiumhosting.com/. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency. Customer is responsible for any fees and costs (including, but not limited to, reasonable attorneys' fees, court costs and collection agency fees) incurred by RadiumHosting, LLC in enforcing collection.
All payments are due in full on the Anniversary Billing Date or Invoice Due Date. Failure to remit payment for services on the due date is a violation of the TOS. Failure to remit payment for twenty one (21) consecutive days, including the Anniversary Billing Date or Invoice Due Date, shall result in a suspension of the account. Failure to remit payment for services within thirty (30) consecutive days, including the Anniversary Billing Date or Invoice Due Date, shall result in termination of account. A late fee of $20 will be incurred for failure to remit payment for services 21 days after the monthly Anniversary Billing Date or Invoice Due Date. A $50 reconnect fee will be incurred for failure to remit payment for services after account suspension. All Customer data remaining after sixty (60) days of non-payment will be destroyed for security and privacy reasons, unless otherwise required by law.
* Dedicated and VPS Non-Payment: Failure to remit payment for two (2) consecutive days, including the Anniversary Billing Date or Invoice Due Date, shall result in a suspension of the server. Failure to remit payment for services within three (3) consecutive days, including the Anniversary Billing Date or Invoice Due Date, shall result in termination of the server. A $50 reconnect fee will be incurred for failure to remit payment for services after account suspension. All Customer data remaining after three (3) days of non-payment will be destroyed for security and privacy reasons, unless otherwise required by law.
Radium Hosting, LLC is not responsible for any damages your business may suffer.
Radium Hosting, LLC does not make implied or written warranties for any of our services.
Radium Hosting, LLC denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Radium Hosting, LLC.
The Customer will not use its network nor space provided by Radium Hosting, LLC to violate any law. In the event Customer violates existing law, Radium Hosting, LLC shall have the right to terminate all service set forth in this Agreement. In the event Radium Hosting, LLC is informed by government authorities of inappropriate or illegal use of Radium Hosting, LLC facilities or other networks accessed through Radium Hosting, LLC, Radium Hosting, LLC may terminate customer's service.
Radium Hosting, LLC will cooperate fully with investigations of violation of systems or network security at other sites.
Radium Hosting, LLC will cooperate with law enforcement authorities in the investigation of possible criminal violations.
Customers who violate systems and/or network security, may incur in criminal or civil liability.
If you have any questions concerning the above stated terms and conditions then please contact us.