These Terms of Service are an agreement (the "Agreement") between Radius Hosting, ("Radius Hosting LTD") and you ("Client" or "you" or "your"). This Agreement states the terms and conditions of your use of the products and services (the "Services") made available by Radius Hosting LTD and the RadiusHosting.uk website. By using any of the Services, you agree to be bound by all of the terms and provisions of the Agreement.

OWNERSHIP

The owner of the payment method (Credit Card or PayPal) which is used for payment on the account is designated as the authorized owner of the account.

THIRD PARTY PROVIDERS

All transactions with third party providers are solely between you and the individual provider. Radius Hosting LTD is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific third party provider with whom you are dealing.

Radius Hosting LTD does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. Radius Hosting LTD does not warrant the accuracy or completeness of any information regarding third party providers.

USE OF THE SERVICES

All Services may only be used for lawful purposes. The laws of the United Kingdom apply to all Clients of RadiusHosting.uk. You agree to indemnify and hold harmless Radius Hosting LTD from any claims resulting from your use of Radius Hosting LTD Services. You represent and warrant to Radius Hosting LTD that you are 18 years of age or older. Any use of or access to the Services by anyone under 18 years of age is prohibited.

If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.

Use of the Radius Hosting LTD Services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@RadiusHosting.uk with the information pertaining to your claim.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared servers include:

  • X IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • File Dump/Mirror Scripts (similar to Rapidshare)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Lottery/Gambling Sites
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to Warez/pirated/illegal content.
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.uk).

All of the files on our shared hosting accounts must pertain to your website(s). Radius Hosting LTD shared hosting may not be used for massive file storage systems, or backup storage solutions. You are not authorized to use Radius Hosting LTD for the hosting of download mirrors. You may have files for your clients/users/ to use, however if your website is based around a user downloading files, you will need to look obtain a VPS solution.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, you must set permissions on most directories to 755 or as restrictive as possible. Clients are responsible for all actions taken under their account. This includes the compromise of credentials such as Client name and password. You must use a secure password.

Solely for the purpose of providing the Services, you hereby grant to Radius Hosting LTD the right and license to access, store and use any content provided by you, and to remove all or any portion of such content if you violate the provisions of the Radius Hosting LTD Service Agreement or this Agreement.

Radius Hosting LTD may from time to time, and at any time, monitor your use of the Services to ensure your compliance with the provisions of this Agreement.

PAYMENT

You will be billed on an automatically recurring basis to prevent any disruption of your service(s). Said payments would be made using payment information on file with Radius Hosting LTD, such as Credit Card or PayPal.

Listed fees for the Services do not include any sales, use, bank charges, paypal charges, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to your invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

All invoices for non-hourly services must be paid within forty eight (48) hours of the invoice due date or will be suspended. Any non-hourly service with an invoice that is outstanding for more than twenty-one (21) days may be terminated.

Dedicated servers will be reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment dedicated servers will not be automatically reactivated. You must contact Radius Hosting LTD directly after you make a late payment to reactivate the dedicated server.

ZERO TOLERANCE SPAM POLICY

Radius Hosting LTD has zero tolerance for Clients sending unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any Client who sends out spam will have such Client's account terminated, and may be terminated without notice. Radius Hosting LTD also reserve the right to charge Clients who engage in spam mailing a consulting fee of £250 per hour for any remedial actions that Radius Hosting LTD elects to take in the event that, as a result of a Client's activities, Radius Hosting LTD servers or IP space are placed in any third-party mail filtering software or black hole lists. Radius Hosting LTD also reserves the right to require all client's requesting more than 32 IP addresses to pay a deposit of up to £250 in order to be allowed to send emails. The deposit will be refunded at cancellation time, as long as no spam complaints have been received.

BACKUPS AND DATA LOSS

Your use of Radius Hosting LTD Services is at your sole risk. Radius Hosting LTD servers are setup with RAID to constantly mirror all data to a second disk. Radius Hosting LTD is not responsible for files and/or data stored on Radius Hosting LTD servers. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Radius Hosting LTD servers.

Radius Hosting LTD BACKUPS SERVICE

Your use of Radius Hosting LTD' Backup Service includes the fee associated with Radius Hosting LTD setting up your initial backup service, as well as all support requests you may put in related to your backups service. It is your responsibility to ensure the integrity of your backups. Radius Hosting LTD assumes no liability related to the validity, and or integrity of the data contained within your backups. You are responsible for notifying Radius Hosting LTD, should you believe there is a problem with your backups.

30 DAY MONEY-BACK GUARANTEE

 

Radius Hosting LTD offers a 30 Day Money Back Guarantee for the following products: Economy Linux, Deluxe Linux, Ultimate Linux, Economy Windows, Deluxe Windows, Ultimate Windows, Economy Wordpress, Deluxe Wordpress, Ultimate Wordpress. This gives the Client an opportunity to test the Radius Hosting LTD service and see if it is appropriate for the Client. Clients qualify for our 30 Day Money Back Guarantee as long as the service or product is canceled within the first 30 days of usage. In order to receive a refund we must receive a request for a refund through a ticket within 30 days of the service being canceled. If the Client is in their second month, they are only entitled to receive a refund for that month. Clients are only eligible for refunds on the first product purchased from Radius Hosting LTD. Clients may not receive refunds for additional products ordered after the first product. Radius Hosting LTD reserves the right to refuse refunds to Clients who are using Radius Hosting LTD servers for any kind of mining (Example: Bitcoin)

The following products and services are not covered by our 30 Day Money Back Guarantee:

Domains, SSL's, Services Performed, IP Addresses, Product Upgrades, Any services or products that are Billed on an hourly basis, and Product add-ons of any kind.

UNLIMITED HOSTING POLICY

Radius Hosting LTD will allocate Clients an unlimited amount of disk space and bandwidth. The unlimited disk space and bandwidth may only be used to store and transfer files relevant to the website(s) being hosted. If a Client causes continuous server or service interruptions under their current plan, then they will be asked to upgrade to a more powerful plan (Business, VPS, or Dedicated). In these extreme cases, the client will be notified of the need to upgrade. We will NEVER terminate a Client's account, and we will only suspend accounts in the most extreme circumstances (in the event of causing the server to crash), or if the client has not contacted us after we send out warning emails of the abuse.

ABUSE TOWARDS Radius Hosting LTD

At Radius Hosting LTD, Clients are treated with respect. In return, Radius Hosting LTD expects an equal level of respect from their Clients. If Radius Hosting LTD feels that a Client is being disrespectful or demeaning towards any staff member, the Client may be asked to move to a new hosting provider. That Client will then be given one week (7 days) to move to a new host. After this time period, Radius Hosting LTD reserves the right to completely remove/terminate Client's account. The Client will not be entitled to any refunds. However, refunds may be issued for advanced payments if Radius Hosting LTD chooses to do so.

PROMOTION CODE USAGE

Any Client caught signing up with multiple accounts to take advantage of our promotion code offers will have their accounts merged, suspended, and billed for the full amount that would be due had the Client not created multiple accounts to take advantage of offers more than once. The accounts will not be unsuspended until the amount due is paid in full.

Client's who take advantage of a lifetime recurring promotion, are entitled to the usage of said promotion for the lifetime of the product it was originally applied to, any downgrades or upgrades will remove the promotion from the client's product.

AFFILIATE ABUSE

Any Client caught posting their coupon codes generated for affiliate payouts on public coupon code websites (such as RetailMeNot.uk) will be promptly dropped from Radius Hosting LTD's affiliate program. The appropriate use of Radius Hosting LTD affiliate code system is to either post the codes on your website which you own that promotes hosting. Anyone found to be using the Radius Hosting LTD brand name in promoting their affiliate offers (Example: Targeting Traffic For the Keyword "Radius Hosting LTD Coupon Codes"), will have those affiliates removed from their account. The purpose of our affiliate program is to gain new customers we would have otherwise not had the opportunity to meet. Attempting to profit from customers who are already looking for Radius Hosting LTD, is not how the program is intended to function.

SERVER ABUSE/CUSTOMER ABUSE

Any attempted attack against any Radius Hosting LTD server and/or Client being hosted by Radius Hosting LTD will result in automatic termination of the offending account with no refund including, but not limited to, no refunds for advanced payments, and a permanent banning of the offending Client.

VIOLATION OF Radius Hosting LTD SERVICE AGREEMENT

Failure to fully comply with the Radius Hosting LTD Service Agreement or this Agreement may result in an immediate suspension and/or terminated without any refund. There will be no refunds for payments made in advance. Radius Hosting LTD Clients must adhere to their Radius Hosting LTD Service Agreement and with this Agreement. If a Client is uncertain about the terms of the Radius Hosting LTD Service Agreement or this Agreement, or has any other questions about these Agreements, they should contact Radius Hosting LTD via the Radius Hosting LTD support portal (client area) for clarification.

Radius Hosting LTD reserves the right to remove/suspend any account without notice of the Radius Hosting LTD Service Agreement or this Agreement is violated. If a Client violates the Radius Hosting LTD Service Agreement or this Agreement, Radius Hosting LTD will either give the Client warning, if Radius Hosting LTD so chooses, or immediately terminate/delete Client's account. No warning is required.

PRICE/PLAN CHANGES

The amount a Client pays for hosting will never increase from the date of purchase, unless Radius Hosting LTD incurs undue costs associated with providing the service. In this event Radius Hosting LTD will provide all affected clients a minimum of 30 days notice. Radius Hosting LTD reserves the right to change prices listed on our Services pages and our Website & Security pages.

CHANGES TO THE AGREEMENT OR TO THE SERVICES

Radius Hosting LTD may modify, add, or delete portions of this Agreement at any time. Radius Hosting LTD will post a notice on the Radius Hosting LTD website for a period of 30 days before the effective date of any such change. Thereafter, your use any of the Services shall constitute agreement to such change.

Radius Hosting LTD may modify, change, or discontinue any aspect of the Services at any time.

CANCELLATIONS

All cancellation requests must be submitted in the client area and confirmed in the ticket that is generated from this action, before the next billing cycle begins. Failure to do this will result in you being automatically billed, for which refunds will not be given. All cancellations once confirmed, are processed immediately, resulting in the service and data it held being purged from our systems. Please ensure you have full backups of all of your data prior to submitting said request. Cancellation requests must be submitted directly on the product page and the ticket that results from that must be confirmed. Attempting to cancel through any other form of contact or method would not be considered a valid cancellation request.

Radius Hosting LTD does not charge late fees, however, if a service is paid for late, the next due date for the service will not be adjusted. Services that are not properly canceled through the appropriate methods will remain active. If a Client has multiple services with Radius Hosting LTD, failure to pay one of their active services without a proper cancellation may result in their other active service's suspension due to the account having an outstanding invoice. Radius Hosting LTD will send several reminders and warnings prior to this action given the severity of full account suspension.

TERMINATION

Radius Hosting LTD may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; or (iii) as otherwise specified in this Agreement. In such event, Radius Hosting LTD shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination

Upon termination of the services for any reason, user content, user websites, and other data will be deleted.

ACCOUNT CREDITS

All account credits are tied to the account on which they were originally added. Account credits will not be refunded back to the Client.

CHARGEBACKS AND DISPUTES

In the event that we are notified that a chargeback or other dispute is filed, all of your active services will be immediately terminated from our system, and your account will be immediately closed. Threatening to chargeback in any communication with Radius Hosting LTD, can at Radius Hosting LTD sole discretion result in permanent account closure.

DISCLOSURE TO LAW ENFORCEMENT

Radius Hosting LTD may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. Radius Hosting LTD will cooperate fully with law enforcement agencies.

Radius Hosting LTD PROPRIETARY CONTENT

Except for content provided by Client, all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services ("Radius Hosting LTD Content"), are the property of Radius Hosting LTD. Radius Hosting LTD Content may not be used, modified, copied, distributed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. Client may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Radius Hosting LTD Content.

DISCLAIMER

Radius Hosting LTD shall not be responsible for any damages a Client's business may suffer. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Radius Hosting LTD and its Clients. Radius Hosting LTD makes NO WARRANTIES of any kind, expressed or implied for Services provided. Radius Hosting LTD makes NO WARRANTIES of MERCHANTABILITY or FITNESS for a particular purpose.

IN NO EVENT WILL Radius Hosting LTD ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF Radius Hosting LTD IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding anything to the contrary contained herein, Radius Hosting LTD LIABILITY to you, or any party claiming through you, FOR ANY CAUSE whatsoever, and regardless of the form of the action, is LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Radius Hosting LTD FOR THE SERVICES IN THE THREE (THREE) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.

ENTIRE AGREEMENT

This Agreement, including documents incorporated herein by reference or otherwise referred to herein, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement and such other agreements constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.



DATE LAST MODIFIED: 11/07/2018 (ELEVENTH OF JULY TWENTY EIGHTEEN)