Terms and Conditions

General Terms & Conditions

Radium Media general policy is to act as a neutral provider of access to the global Internet. Radium Media reserves the right to suspend or cancel a customer’s access to any or all services provided by Radium Media when Radium Media decides that the account has been used inappropriately.

Radium Media. (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Service constitutes acceptance and agreement to Radium Media’s AUP as well as Radium Media’s TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Radium Media and AUP (acceptable use policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

1. Disclosure:
   The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber 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 to the Subscriber. In addition shall have the right to terminate all service set forth in this Agreement.
2. Service Rates:
   Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3. Payment:
   Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service. Subscriber agrees that The Company automatically charges subscriber`s credit card every month. Reserves the right to process client credit cards from 1 to 5 days before the actual due date to ensure that the funds are received by the due date.
4. Payments and Fees:
   Service will be interrupted on accounts that reach 7 days past due. Accounts not paid by due date are subject to suspension from Radium Media’s services. Accounts not paid in relation to ‘services’ provided and/or contracted to Radium Communications Ltd with the Registered Office Address: 145 – 157 St John St, London, EC1V 4PW United Kingdom and Registered in England & Wales No.08316675 additionally will have their hosting service/s for their account/s interrupted that reach 7 days past due the invoice due date. Accounts not paid by the invoice due date for associated Radium Communications Ltd agreements/services or contracts are subject to suspension from Radium Media’s services. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
5. Refund and Disputes:
   Payments to Radium Media are non-refundable except for the first payment on shared and reseller web hosting which falls under our 30 day money back guarantee. The 30 day money back guarantee is not valid upon any terms of service or acceptable use policy violations. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred.
6. Failure to Pay:
   The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due.
7. Account Cancellation: All requests for cancelling accounts must be made via Radium Media’s billing system.
8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, loss or injury.
9. Support Boundaries: Radium Media, provides support to our subscribers. Radium Media only ensures that the service is online and is remotely accessible it does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Does not provide technical support for YOUR customers. We encourage you to use our Ticket System on our web site.
10. SPAM and Unsolicited Commercial Email (UCE): takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of may not use or permit others to use our network to transact in UCE. Customers of may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
11. Violation of ‘s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, will initiate an immediate investigation (within 48 hours of notification). During the investigation, may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. will notify law enforcement officials if the violation is believed to be a criminal offense.
    c. As our Customers are ultimately responsible for the actions of their clients over the network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE:
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The service will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

3. Network
   a. IP Address Ownership: If Radium Media assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to Radium Media, and Customer shall have no right to use that Internet Protocol address except as permitted by in its sole discretion in connection with the Services, during the term of this Agreement Radium Media shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by , and reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
4. Bandwidth Usage. Radium Media will monitor Customer’s bandwidth. Radium Media shall have the right to take corrective action if Customer’s usage negatively impacts other clients.
   c. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Network. Violations of system or network security may result in civil or criminal liability. will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
   i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
   ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
   iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
   iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
   v. Taking any action in order to obtain services to which such User is not entitled.
5. Notification of Violation:
   a. Radium Media is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
   b. First violation: Any User, which determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Radium Media’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
   c. Second Violation: Users that 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.
   d. 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.
6. Suspension of Service or Cancellation: Radium Media reserves the right to suspend network access to any customer if in the judgment of the network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Radium Media chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.
7. Radium Media reserves the right to amend its policies at any time. All Sub-Networks, resellers and unmanaged servers of Radium Media must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
8. Indemnification: Radium Media wishes to emphasize that in agreeing to the Radium Media Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Radium Media for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Radium Media or the bringing of any claim against Radium Media by any third-party. This means that if Radium Media is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Radium Media, plus all costs and solicitor’s/attorney’s fees.
9. Customer acknowledges that the service provided is of such a nature that service can be interrupted for many different reasons and interruptions can be prolonged due to external or internal events. Therefore, subscriber agrees that the Radium Media shall not be liable for any damages arising from such loss of service for any reason. In no event shall the company be liable for any special or consequential damages, loss or injury.
10. Miscellaneous Provisions: 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.
    a. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
    b. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
    c. Radium Media takes no responsibility for any material input by others and not posted to the Radium Media Network by Radium Media. Radium Media is not responsible for the content of any other websites linked to the Radium Media Network; links are provided as Internet navigation tools only. Radium Media disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
    d. Radium Media is not responsible for any damages your business may suffer. Radium Media does not make implied or written warranties for any of our services. Radium Media 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 Media.
11. Responsibility for Content: You, as Radium Media’s customer, are solely responsible for the content stored on and served by your Radium Media server.

 

 

Updated General Terms & Conditions 18.02.2013

 

Users and customers of Services provided by Radium Media must accept the terms and conditions of business set out below.

 

The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of .COM/NET/ORG and Nominee in the case of domain names ending with .UK you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.

 

We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

 

We shall not release any domain to another provider unless full payment for that domain has been received by us. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.

 

Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.

 

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services.

 

If you fail to pay any sums due to us as they become due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

 

If you break any of these terms and conditions and you fail to correct the breach within thirty (30) days following written notice from us specifying the breach, we may terminate this Agreement forthwith.

 

If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith.

 

On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.

 

Payment

All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre-payment.

Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorise Radium Media to debit your account renewal fees from your card. Invoices are generated 28 days before due date.

 

All payments must be in UK Pounds Sterling.

If your cheque is returned by the bank as unpaid for any reason, you will be liable for a “returned cheque” charge of £25.00.

Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.

If an account goes unpaid for at least 3 days, a £20 late payment fee will be applied and all services suspended.

If an account goes unpaid for at least 7 days, the account and its associated services are suspended or terminated.

Once an account has a suspended status, Access to files, databases and other content is explicitly denied. All files, databases and other content including the account itself is permanently deleted after ten days of account suspension.

Should access to files, databases and other content be required before they are deleted, account reactivation will be required.

 

Money Back Guarantee

Radium Media offers a money back guarantee program to insure customer satisfaction of our products and services. If for any reason you wish to discontinue service with us, you may do so and a refund will issued directly to you.

Each service family carries a different qualifying time-frame for the money back guarantee. Please note the table below for the qualifying products and services:

 

Shared/Reseller Hosting Solutions    14 days
Dedicated/Cloud VPS/VPS Hosting Solutions    n/a

 

The following list of terms and conditions apply to the Money Back Guarantee Program:

 

• Accounts cancelled/terminated for violation of the Acceptable Usage Policy will not qualify for the money back guarantee. Example: If a Service is cancelled due to a SPAM’ming violation it will not qualify.
  •    A cancellation request must be submitted via the client portal
  •    Cancellation requests must be put through before the above detailed time frames, cancellations on or after the appropriate time frame will no longer qualify under the money back guarantee
  •    Setup fees are non-refundable.
  •    Service add-ons such as “Disk Space”, “Bandwidth”, and “Email Accounts” are non-refundable.
  •    Refunds issued to credit cards may take up to 5-10 days. If the refund is unsuccessful due to credit card processing errors (IE: you changed your credit on file) a refund by cheque will be issued.
  •    Refunds by check may take up to 2-4 weeks.
  •    “n/a” indicates that a service family does not qualify for the money back guarantee program.

 

Refund Policy

If you are unhappy with any aspect of our service, please contact our support department who will attempt to rectify the situation.

Refunds are not available for .COM, .NET, .ORG or any other domain names, SSL Certificates, Domain Transfer In fees, Domain Transfer Out fees, or any other products or services provided by Radium Media through other companies.

No refunds will be made if we terminate your hosting or other services due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights.

 

Delivery of Services

Immediately upon successful payment you will receive an automated receipt from our
systems. Please print and retain a copy of this and retain in a safe place for future reference.

Your unique customer username will be on this receipt and should be used for any
enquires to Radium Media.

Please not that we aim to deliver all goods as soon as signup is complete. If we will be unable to adhere to this you will be informed via email or telephone or both. Payment will be deducted when services are delivered.

All orders are delivered elctronically via email, if you have any questions about your order please contact us here – Contact Link

Radium Media will respond to all enquiries within 2 hours. Our trading hours are 365 Days a Year, 24/7. Normally we will respond within 1 hours of receiving your enquiry.

The services available on this site are subject to both export and or import restrictions.
Please check regulations in the country you are in to see if these products are allowed for
import into your country. Radium Media is not responsible for any delays or
product losses if your product is seized at customs etc.

 

We will not add charges to customers using either VISA or Mastercard card schemes. The final price will be the same regardless of payment method

 

Web Hosting

These Terms of Service and Acceptable Use Policies (“Terms and Policies”) are an essential part of your relationship with Radium Media. By using your Radium Media account, you agree to all of the Terms and Policies set out in this document.

 

General Terms and Policies

The Service is provided to authorised persons or organisations (referred to in this document as “Subscriber” or “you”). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.

 

Coverage – If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.

 

Prices and Charges – Radium Media provides the use of cPanel, WHM, Helm Control Panel, Plesk Control Panel and domain control panel to you free of charge, but if through misuse or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you.

 

Term – The Service is provided to you for as long as you wish to use it, however we withhold the right to terminate the service if you use it in a way that violates the terms of use.

 

Backups – Radium Media carry’s out backups on a daily basis, these backups are strictly for our own use in-case of a server failure. Although we will try our best to recover data on a ‘per incident’ basis at a charge of £10.00.

 

Grounds for Suspension and Termination – You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Radium Media to suspend or terminate your account. You agree that Radium Media has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:

 

*Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)

*Using the Service to host adult material, whether it is legal or not, we do not support it on our services.

*Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity.

*Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.

*Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender’s identity or location.

*Excessively using the Service in such a way as to limit the bandwidth available to others.

*Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.

*Using the Service to promote or solicit competing Internet services.

*Using the Service for unauthorised relays through any third party systems.

*Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.

*Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.

*Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s).

*Using the Service to forward or post “letters”iple forwarding) of any type.

*Attempting to cancel, supersede, or otherwise interfere with email other than your own.

*Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.

*Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.

*Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.

*No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Radium Media may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.

*Security – You agree not to access or attempt to access private areas of the Service. You agree to notify Radium Media as soon as you become aware of an unauthorised use of your account and/or any breach or attempted breach of security on the Service.

*Intellectual Property – Radium Media does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to abuse@radiummedia.co.uk

*Continuing a specific identification of the allegedly infringing material and the location(s) on Radium Media’s facilities where the materials are to be found. Upon receipt of such written notice, Radium Media will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If Radium Media receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Radium Media will send you a copy of that notification. Unless you notify Radium Media of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or otherwise made accessible again.

*Liability – You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Radium Media, neither Radium Media nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Radium Media neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Radium Media is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on Radium Media equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Radium Media and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.

*You agree that, should you use the Service to send or receive voice communications, Radium Media is not acting as a telecommunications carrier or telephone company, that there is no representation made by Radium Media as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Radium Media has no liability of any sort for the failure or lack of quality of such use of the Service.

*You agree to be liable for any damages or loss of service which results in damages to Radium Media as a result of any spamming or other violations of Sections above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Radium Media may pursue any such claims against you in Court.

*You agree that in no event will Radium Media have financial liability to you.

*Warranty – RADIUM MEDIA HOSTING MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD RADIUM MEDIA ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY RADIUM MEDIA OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.

*THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY RADIUM MEDIA ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS; RADIUM MEDIA DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. RADIUM MEDIA DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.

*Content – You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. Radium Media has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.

*Privacy – Radium Media will not provide names, addresses, telephone numbers, email addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or as required under an appropriate court or administrative directive, including a facially valid subpoena, or as necessary to render the Service. Radium Media may provide aggregate data on Subscribers to third parties in the operation of Radium Media’s business.

*Disputes – You agree that any dispute between you and Radium Media arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and Radium Media will be submitted by the aggrieved party for binding arbitration under the auspices of the English, Welsh and Scottish laws.

*Governing Law – These Terms and Policies are governed in all respects under English, Welsh and Scottish laws.

*Amendments. These Terms and Policies may be amended in any respect at any time by Radium Media upon the posting of the amended Terms and Policies on the terms of use section of the Service. Your continued use of the Service will be deemed consent to any such amended Terms and Policies. If you do not wish to continue to use the Service as a result of any such amended Terms and Policies, you may provide notice of your wish to terminate your use of the Service to Radium Media.

 

Radium Media Terms

 

Fair Usage Policy Overview

Our full legal notice is below and whilst you’re free to read through it we understand not everyone has the time so we have picked out some key points about our fair usage policy so you can always stay informed – just another way we are trying to help ensure you have all the facts at your fingertips. These usage policy applies to all our range except our dedicated server range in which case only the traffic usage applies.

 

Disk Space Usage

Lots of our accounts have high disk space usage allocations. All we ask is that the files you put online are related to your website(s) and are not used for file storage, file linking or high filesize video/audio usage

 

CPU and RAM Usage

As with our disk space we give you plenty of CPU and RAM allocation especially on our VPS range. We ask that any software you install is related to your website and that no intensive program runs permanently (i.e. gameservers, irc clients etc..). Where we feel this is being abused we will be in contact to see if we can work things out to suit both of us.

 

Traffic (Bandwidth) Usage

Many of our accounts have a high or unrestricted traffic allocation. For those packages we ask that any traffic is related to the website and is not used as a link farm, file store or for media streaming (e.g. youtube style website). Where we feel traffic is being abused we reserve the right to get in touch so we can work out a solution with you.

 

Legal Notice

These terms in no way affect your statutory rights.

Radium Media provides World Wide Web page hosting and email, plus domain registration and dedicated server hosting. Radium Media reserves the right to suspend or cancel a customer’s access to any or all services provided by Radium Media at any time, or when Radium Media decides that the account has been inappropriately used or otherwise.

 

DEFINITIONS

“We” “Us” “Provider” “Company” or “Radium Media” refers Radium Media; and “You” “Your” “Client” or “Customer”refers to each person or entity who applies for internet service or is a designate of any one who applies for internet service with Radium Media.

 

SERVER USE

Radium Media reserves the right to refuse service and/or access to its servers to anyone. Radium Media does not allow any of the following content to be stored on its servers:

Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.

Adult Material – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Radium Media.

Warez – Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.

It is absolutely forbidden to host pornographic content on the Radium Media network. Accounts found hosting this material will be subject to immediate cancellation without refund.

 

IRC NETWORKS

It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server or have a connection to an IRC network. Servers or Virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.

 

BANDWIDTH USAGE

Radium Media offers high data transfer. In rare cases, Radium Media may find a customer to be surpassing their limit and using server resources to such an extent that he or she may jeopardise server performance and resources for other customers. In such instances, Radium Media reserves the right to impose the High Resource User Policy for the consideration of all customers.

 

HIGH RESOURCE USER POLICY

Resources are defined as bandwidth and/or processor utilisation.

 

Radium Media may implement the following policy to its sole discretion:

When a website is found to be surpassing their data transfer limit per month on a single account and/or monopolising the resources available, the account holder will be contacted in order to discuss the situation. If no arrangement can be reached or the account holder cannot be contacted within 12 hours, Radium Media reserves the right to terminate the account giving one week’s notice. If the user’s site is severely affecting the performance of the server, Radium Media has the right to act immediately in order to resume the normal operation of the network. The High Resource User Policy also refers to other parts of the servers/network, including mail and ftp, plus the use of processor time.

 

“FAIR USE” RESOURCE ASSIGNEMENT

Radium Media offers high-limit or unlimited amounts of disk space and/or other resources, such as bandwidth transfer, email, databases or FTP accounts. The intention of Radium Media is to provide ample resources for customer convenience, so that customers do not worry about exceeding limits.

 

It is acknowledged by users of Radium Media services that these resource allotments are optimised and dedicated towards serving web documents and self-need email / FTP services and is not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on Radium Media servers.

 

It is also acknowledged by users of Radium Media services that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realise that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed. Radium Media takes measures to utilise the latest and most economically feasible mass server market technology available to provide services. It is furthermore acknowledged by users of Radium Media services that all provided services are of a shared-server nature, and other users are sharing the provided space. Customer accounts are placed on a server with up to hundreds of other users. Radium Media, along with many other hosting providers use this business model in order to offer web hosting services en masse at inexpensive and affordable rates.

 

It is acknowledged that any single account is entitled to utilise the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, Radium Media reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a dedicated service provider. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the “fair-use” of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilisation. Additionally, web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of Radium Media.

 

If a “Fair-Use” breach occurs, which’s determination is solely up to Radium Media, subscriber may have to remove files from or reduce access to subscriber’s account to an extent as determined by Radium Media, in order to restore full service ability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that Radium Media may have to take.

 

BANDWIDTH AND DISK USAGE

Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). Radium Media Internet Services Limited will monitor Customer’s bandwidth and disk usage. Radium Media Internet Services Limited shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Radium Media`s sole and absolute discretion. If Radium Media takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Radium Media may, at its sole discretion, collect a deposit, in an amount determined by Radium Media, against customer’s credit card on file with Radium Media.

 

SPAM AND UNSOLICITED COMMERCIAL EMAIL (UCE)

SPAM and Unsolicited Commercial Email (UCE): Radium Media takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Radium Media may not use or permit others to use our network to transact in UCE. Customers of Radium Media may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy will be treated as a fundamental breach of these terms and conditions and if substantiated by us at our discretion will lead to termination of service.

Upon receipt by us of notification from any source of an alleged violation of our SPAM policy, Radium Media will initiate an immediate investigation (within 48 hours of notification). During the investigation, Radium Media may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Radium Media may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Radium Media reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Radium Media will notify law enforcement officials if the violation is believed to be a criminal offence.

If the investigation confirms that our SPAM policy has been violated we will invoice you for an Administrative Fee of £150 to cover the costs of the investigation and your account will be reviewed for possible immediate termination. at our absolute discretion. If we agree to maintain your account and any subsequent investigation following any further notification of an alleged a second violation is confirmed we will invoice you for a further Administrative Fee of £300 and immediately terminate your account. PLEASE, DO NOT SPAM from your account.

As our Customers are ultimately responsible for the actions of their clients over the network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

 

FRAUD

Fraudulent activity: Use of Radium Media`s service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.” This will constitute a breach of our Terms and Conditions, and will result in your account being suspended or removed.

 

PAYMENT POLICIES

All accounts are set up on a prepay basis. All pricing is guaranteed for the term of prepayment. You grant Radium Media the right to debit the credit card or account you have provided, until such service is cancelled by you completing the cancellation form at https://www.radiummedia.co.uk/whmcs/ or is cancelled by Radium Media according to terms of this Agreement. Radium Media reserves the right to change prices at any time. Payment is due each anniversary month, year or period following the date the account was established (depending on account opened). If for any reason the payment does not arrive in time, the account is subject to suspension/deletion. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Radium Media in writing for a request for termination of services. All payment is in the currency chosen at the time of order. The customer is also liable for the NIC fees on domains and will be invoiced accordingly (see further conditions relating to domains). You agree to update your credit card details provided to us in a timely manner and to ensure that your credit card has sufficient credit to allow your payment to be processed. If we are unable to successfully charge to your credit or debit card any amount properly payable by you within 28 days of the due date of such amount, we may engage a debt recovery agent to recover such unpaid amounts, including any costs and expenses incurred as a result of taking such action. The payment for the memberships are made for the first months only. The additional months are free of charge. For example, with a 12 month membership, you pay the 12 month fee for the first month, and the additional 11 months are free of charge.

 

You agree not to hold us responsible for banking charges incurred due to payments failing on your account.

Radium Media shall be entitled to vary the Charges from time to time with effect from the date specified in an Amendment Notice. Radium Media shall issue an Amendment Notice no later than 4 weeks prior to the date that any variation of the Charges shall come into force.

 

The Customer shall no later than 4 weeks from the date of deemed receipt of the Amendment Notice send a counter notice to the Company accepting or rejecting the terms of the Amendment Notice. In the event that the Customer specifies in the counter notice acceptance of the terms of the Amendment Notice or fails to send a counter notice within the specified period then the terms of the Amendment Notice shall apply as from and including the date specified in the Amendment Notice and this agreement for Services shall be deemed to be varied accordingly. In the event that the counter notice rejects the terms of the Amendment Notice then until such date as this Agreement has been terminated in accordance with this clause the Customer will be charged the Charges as varied from and including the date in the Amendment Notice. Upon receipt of the Amendment Notice the Customer has the right to terminate this Agreement with effect from the date in the Amendment Notice, such notice of termination to be received by the Company no later than 14 days before the date in the Amendment Notice.

 

Service will be interrupted on accounts that reach 7 days past due. Accounts not paid by due date are subject to suspension from Radium Media’s services. Accounts not paid in relation to ‘services’ provided and/or contracted to Radium Communications Ltd with the Registered Office Address: 145 – 157 St John St, London, EC1V 4PW United Kingdom and Registered in England & Wales No.08316675 additionally will have their hosting service/s for their account/s interrupted that reach 7 days past due the invoice due date. Accounts not paid by the invoice due date for associated Radium Communications Ltd agreements/services or contracts are subject to suspension from Radium Media’s services. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

 

DOMAINS

Radium Media does not accept responsibility nor does it make any warranty that the domain names(s) requested by the Customer will be accepted for registration in the register of the Naming Organisation nor will it be liable for any costs of the Customer incurred if the application for Registration is unsuccessful. The Customer should take steps to insure that their domain has been registered. The Company does not accept responsibility for any liability to third parties for breach of their Intellectual Property Rights in relation to the domain name(s) requested by the Customer.

New domain names are registered by Radium Media in customers’ names, however renewal of these domains remains the responsibility of the customer. Customers should take steps to note the renewal date of their domain name and ensure action is taken to pay for any renewal costs before the domain registration period terminates. Radium Media accepts no responsibility for the renewal of domain names and subsequent loss of business nor related liability resulting in a domain name not being renewed. A successful transaction does not represent confirmation that the concerned domain has been acquired or renewed by the customer. It is the customers responsibility to periodically check, ie at least monthly, to ensure that domain name(s) is/are active, and has not inadvertently expired.

By registering a .uk domain name, you enter into a contract of registration with Nominet UK on the following terms and conditions. This is a separate contract to any arrangement you may have with any third party for the provision of internet services. Please read the following before proceeding with your order – http://www.nominet.org.uk/nominet-terms.html

Radium Media do not change the name servers (DNS entries) to point to another host or IP address.

 

EMAIL

All payments made to Radium Media are confirmed by email. Users accept that Radium Media will notify of payment and issue an email if payment has failed. Invoices are dispatched by email. In order to keep users notified of impending service alterations important to the running of their account, Radium Media will occasionally communicate in this manner, and the users accepts this is normal policy.

 

CANCELLATION

Radium Media reserves the right to cancel service at any time. Customers can cancel service any time, but must contact us, before the next billing period is due giving at least thirty (30) days notice. All cancellations must be received via the emailing support@radiummedia.co.uk. Cancellations will be processed by our Staff once a day, and the account will then be removed from the server. For information on refunds please see the heading “Refunds”.

The Customer will be responsible for renewing the Registration of his/her domain name(s) and finding a new host for the respective domain name(s).

A fee of £4.99 will apply per domain name to release this to your new Registrar.

 

RENEWALS

Your account will be automatically renewed on the anniversary date of your account under the same fee structure, unless you give written notice to Radium Media seven (7) days before the renewal date that you do not wish to renew such account. Please see the heading “Cancellation” for information on cancelling your account.

Domain name renewals can be renewed upto forty five (45) days in advance of the due date, unless cancelled via the domain update form at – https://www.radiummedia.co.uk/whmcs/

 

INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold Radium Media (for clarification, a service by Radium Media) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Radium Media, 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 customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Radium Media against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Radium Media’s servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to customer from Radium Media’s servers, and (5) any statements made within information or pictures held on our servers that may be seen as unsuitable, defamatory, misleading or libelous in any way.

 

REFUNDS FOR HOSTING ACCOUNTS

Refunds will only be issued when the service is cancelled by Radium Media. Phone requests will not constitute acceptance of any cancellation. 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 £100 and will be subject to collection by an authorised collection agency.

 

REFUNDS FOR DEDICATED SERVERS

Dedicated servers are not entitled to a refund.

 

BACKUP FILES

Radium Media will make every reasonable effort to protect and backup data for Client on a regular basis, however Radium Media does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. There is a one-time fee of £75 for our Administrator to retrieve clients back-up files. Client is solely responsible for independent backup of data stored on Providers server and network.

 

LIMITATION OF LIABILITY

You agree that Radium Media will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Radium Media at the time) which may exist in the Services or in Radium Media’s equipment used to provide the Services.

Under no circumstances will Radium Media be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. Radium Media will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Radium Media’s records, programs, equipment or services.

anything to the contrary in this Agreement, Radium Media’s maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual sterling amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement.

 

FORCE MAJEURE

Radium Media will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

 

DISCLOSURE OF CUSTOMER INFORMATION AND LEGAL PROCESS

Although Radium Media maintains strict confidentiality on Customer’s information, there are certain exceptions in which Radium Media or it’s group owner Radium Communications Ltd may disclose information in its possession, including but not limited to information about the Customer’s internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. Radium Media has no obligation to notify Customer about whom the information is sought or that Radium Media has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.

 

ASSIGNMENT

Customer will not have the right to assign this Agreement without the prior written consent of Radium Media.

 

ENTIRE AGREEMENT; SEVERABILITY

This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.

 

Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.

 

GENERAL

This Agreement shall be construed and governed in all respects in accordance with the Law of England, Wales and Scotland and the English Courts shall have exclusive jurisdiction in respect of any disputes arising hereunder.

Radium Media reserves the right to revise its policies at any time.

 

Co-Located Equipment

Where customers have co-located equipment with Radium Media Ltd we require payment in full on a pre-payment basis. Whilst any invoices are due no equipment may be taken our of our data centres until full payment is made including any late fees applied.

Where an invoice has been due for more than 2 months without payment or agreement of Radium Media, we reserve the right to seize all assets co-located in full. These assets will at this point become the property of Radium Media Ltd and maybe sold or used however Radium Media see fit.

This applies to any and all equipment up to and exceeding the total value owed.