RadiusThree terms of serviceRADIUSTHREE (PTY) Ltd is designed to serve the hosted IT needs individuals and small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by individuals, small and independently owned and operated businesses.
RADIUSTHREE (PTY) Ltd is an hosted IT solutions company, which means we offer internet facing services from servers managed by RADIUSTHREE (PTY) Ltd. RADIUSTHREE (PTY) Ltd uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers’ sites or stored data. It is not appropriate to use your service with RADIUSTHREE (PTY) Ltd in a way that denies other user and systems of access to their service.The following is the entire Acceptable User Policy (“AUP”) agreement between RADIUSTHREE (PTY) Ltd (“RADIUSTHREE (PTY) Ltd “) and the personal or corporate account holder (“YOU/YOUR/Customer”). RADIUSTHREE (PTY) Ltd provides World Wide Web Hosting, Marketing, and Development. RADIUSTHREE (PTY) Ltd has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. RADIUSTHREE (PTY) Ltd general policy is to act as a provider of Internet presence. RADIUSTHREE (PTY) Ltd reserves the rights to suspend or cancel a customer’s access to any or all services provided by RADIUSTHREE (PTY) Ltd when we decide that the account has been inappropriately used.
Any attempt to undermine or cause harm to a server or customer of RADIUSTHREE (PTY) Ltd is strictly prohibited.
RADIUSTHREE (PTY) Ltd will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to RADIUSTHREE (PTY) Ltd, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE – RADIUSTHREE (PTY) Ltd has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by RADIUSTHREE (PTY) Ltd to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS – All web applications that are out- of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Shared hosting and VPS accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers within our authorized data centers); displaying material that exploits children under 18- years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
STORAGE SPACE ABUSE
RADIUSTHREE (PTY) Ltd will not tolerate any form of storage space abuse. At least 90% of YOUR web pages (“HTML”) must be ‘linked’ with files (GIF, JPEG, etc.) stored on RADIUSTHREE (PTY) Ltd servers. Website that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancelation at the discretion of RADIUSTHREE (PTY) Ltd Management (“MANAGEMENT”), with or without prior notice.
If YOU do not qualify for the free service, disk space will go unmonitored until YOU reach the amount allocated to YOUR specific web hosting plan (“PLAN”). Thereafter, normal website data storage costs R1.00/1MB/month will be billed to YOUR account. If you want to pre-pay for disk space overages, you will be billed R0.50/1MB/month.
YOU will have 5 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 5 days of YOUR first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or RADIUSTHREE (PTY) Ltd has the sole decision to deactivate any and all servers.
RADIUSTHREE (PTY) Ltd will be the sole arbiter as to what constitutes a violation of this provision.
The intention of RADIUSTHREE (PTY) Ltd is to provide a large bandwidth to transfer web documents, and will only offer offsite storage for electronic files to backup solution clients. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
If YOU do not qualify for the free service, traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. Thereafter, normal data transfer cost of R0.05/1MB/month will be billed to YOUR account. If YOU want to pre-pay for bandwidth overages, YOU will be billed R0.10/1MB/month.
YOU will have 5 days to pay for your overages. Failure to do so will result in YOUR website
being disabled within 5 days of YOUR first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or RADIUSTHREE (PTY) Ltd has the sole decision to deactivate any and all servers.
RADIUSTHREE (PTY) Ltd will be the sole arbiter as to what constitutes a violation of this provision.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements (“SPAM”) are not allowed in e-mail, and will likely result in account cancelation.
RADIUSTHREE (PTY) Ltd takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, Your services will be cancelled with immediate effect without any prior notice.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE – If YOU use the services of another provider to promote a website hosted by or through RADIUSTHREE (PTY) Ltd (“spamvertising”), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
99.99% UPTIME GUARANTEE
(1.) COVERAGE – This 99.99% uptime guarantee applies to any Customer in good financial standing with RADIUSTHREE (PTY) Ltd at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT (“SLA”) & SPECIFICATIONS – RADIUSTHREE (PTY) endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime (“unavailability”) is defined as 100% packet loss from RADIUSTHREE (PTY)to its backbone providers. Downtime is measured past 15 minutes after notification of network failure via RADIUSTHREE (PTY)’s online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the RADIUSTHREE (PTY) Ltd support.
RADIUSTHREE (PTY) Ltd ‘s administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the RADIUSTHREE (PTY) Ltd network.
(3a.) SHARED HOSTING CREDITS – In the event that YOUR website is unavailable for less than 99.99%, RADIUSTHREE (PTY) Ltd will credit the following month’s service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
Monthly Uptime Credit: 95% to 99.9% – YOUR account will be credited 10% of your monthly hosting fee 90% to 94.9% – YOUR account will be credited 20% of your monthly hosting fee 89.9% or below – YOUR account will be credited 50% of your monthly hosting fee (3b.) MANAGE DEDICATED SERVERS – For managed dedicated server Customers, if the uptime is between 98.9% and 99.9% for any particular month, credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the Customer’s services during the month and the calculated actual level of availability of the Customer’s services, multiplied by the actual charges incurred by YOU for the services during that monthly period. In addition, for managed dedicated servers, YOU may be entitled to additional credits as calculated below measured 24-hours a day in a calendar month, with the maximum credit not to exceeding 25% of the monthly service charge for the affected month.
In order for YOU to receive a credit on YOUR account, YOU must request such credit within seven (7) days after YOU experienced the downtime. You must request credit by sending an e- mail message to [email protected] For security, the body of this message must contain YOUR account number, the dates and times of the unavailability of YOUR website, and such other customer identification requested by RADIUSTHREE (PTY) Ltd. Credits will usually be applied within sixty (60) days of YOUR credit request. Credit to YOUR account shall be YOUR sole and exclusive remedy in the event of an outage.
(4.) RESTRICTIONS – Credit shall not be provided to YOU in the event that you have any outage resulting from:
Scheduled maintenance as posted from time to time at RADIUSTHREE (PTY) Ltd, your behavior or the performance or failure of your equipment, facilities or applications, circumstances beyond RADIUSTHREE (PTY) Ltd ‘s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, YOU breaking any agreement policy in RADIUSTHREE (PTY) Ltd “Terms & Conditions and AUP” causing a machine to fail as a result.
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts as well as major account changes and are non-refundable. All pricing is guaranteed for the term of pre- payment. RADIUSTHREE (PTY) Ltd reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notifies RADIUSTHREE (PTY) Ltd to request for termination of services. All payment is in U.S. currency. RADIUSTHREE (PTY) Ltd will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All RADIUSTHREE (PTY) Ltd accounts are setup on anniversary billing cycles. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle during a current cycle, there will be a $50.00 fee. Please contact the billing department at [email protected] should you wish to change your anniversary billing cycle.
CANCELLATION OF SERVICE
RADIUSTHREE (PTY) Ltd reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by RADIUSTHREE (PTY) Ltd if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU (i.e. transfer, space etc.).
All of RADIUSTHREE (PTY) Ltd ‘s PLANS are backed by a 30-day money back guarantee. If YOU are not completely satisfied with our services or support within the first 30 days of YOUR contract, YOU will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation.
If YOU cancel, the full contract amount less any setup fees and overages will be refunded if RADIUSTHREE (PTY) Ltd is notified within the first 30 days following activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, etc. For credit card payment, refunds will be made to a PayPal account made available by the Customer after the 120th day. Refund policy will not be made available to Customers using wire transfers.
All account cancelations must be done via our cancelation form at YOUR hosting account control panel. Phone or email requests will not constitute acceptance of any cancelation.
PROMOTIONAL RATES & SPECIAL OFFERS
RADIUSTHREE (PTY) Ltd may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together
DOMAIN NAME REGISTRATION
YOU agree to pay RADIUSTHREE (PTY) Ltd prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the RADIUSTHREE (PTY) Ltd price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. RADIUSTHREE (PTY) Ltd reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from RADIUSTHREE (PTY) Ltd to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by RADIUSTHREE (PTY) Ltd) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to RADIUSTHREE (PTY) Ltd as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. RADIUSTHREE (PTY) Ltd will reinstate YOUR domain name registration solely at RADIUSTHREE (PTY) Ltd discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar to RADIUSTHREE (PTY) Ltd
YOU agrees to pay RADIUSTHREE (PTY) Ltd prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the RADIUSTHREE (PTY) Ltd price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
> No response from the Registered Name Holder or Administrative Contact
> Domain name in Registrar Lock Status
> Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
RADIUSTHREE (PTY) Ltd reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be
registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from RADIUSTHREE (PTY) Ltd to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by RADIUSTHREE (PTY) Ltd) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to RADIUSTHREE (PTY) Ltd as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. RADIUSTHREE (PTY) Ltd will reinstate YOUR domain name registration solely at RADIUSTHREE (PTY) Ltd discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar away from RADIUSTHREE (PTY) Ltd
RADIUSTHREE (PTY) Ltd reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
> No response from the Registered Name Holder or Administrative Contact
> Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
> Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and RADIUSTHREE (PTY) Ltd will not be held liable for the failure of a domain name transfer for any reason.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through RADIUSTHREE (PTY) Ltd services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use RADIUSTHREE (PTY) Ltd or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the RADIUSTHREE (PTY) Ltd network. If YOU use a domain name in connection with RADIUSTHREE (PTY) Ltd or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the RADIUSTHREE (PTY) Ltd network with an 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 YOU, logging into a server or account YOU are 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. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. RADIUSTHREE (PTY) Ltd will cooperate fully with investigations for 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 system or network security may incur criminal or civil liability.
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
STATIC & DYNAMIC CONTENT CACHING
(i) grant to RADIUSTHREE (PTY) Ltd a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by RADIUSTHREE (PTY) Ltd under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party’s intellectual property rights.
IP ADDRESS OWNERSHIP
RADIUSTHREE (PTY) Ltd shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by RADIUSTHREE (PTY) Ltd. RADIUSTHREE (PTY) Ltd reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses
RADIUSTHREE (PTY) Ltd reserves the right to refuse service to anyone. YOU may only use RADIUSTHREE (PTY) Ltd server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: “Pirated Warez”, OGG, AVI, MPEG, ISO, “Hacker programs or archives”, “Copyrighted Digital Movie Copies (DIVX)” and “Unlicensed MP3”. The designation of any materials as such described above is left entirely to the discretion of MYCOMPANY management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that RADIUSTHREE (PTY) Ltd may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD RADIUSTHREE (PTY) Ltd HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST RADIUSTHREE (PTY) Ltd, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS RADIUSTHREE (PTY) Ltd AGAINST LIABILITIES ARISING OUT OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH RADIUSTHREE (PTY) Ltd’S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM RADIUSTHREE (PTY) Ltd’S SERVER.
RADIUSTHREE (PTY) Ltd WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. RADIUSTHREE (PTY) Ltd MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. RADIUSTHREE (PTY) Ltd DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES,
WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY RADIUSTHREE (PTY) Ltd AND ITS EMPLOYEES. RADIUSTHREE (PTY) Ltd RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF RADIUSTHREE (PTY) Ltd MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELATION.
RADIUSTHREE (PTY) Ltd follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.