Radicenter – Terms of Service
The use of services from Radicenter OÜ (hereafter referred to as “Radicenter”) constitutes agreement to these terms.
It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.
If you have a domain name registered with Radicenter, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Radicenter is not responsible for an expired registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should do that via your client account control panel or contact our support team via email. Your e-mail is considered received only when our support teams has confirmed it via e-mail.
Providing false contact information of any kind may result in the termination of your account.
In case on credit card payments, the credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is considered as the authorized owner of the account.
All services provided by Radicenter may only be used for lawful purposes. The laws of the Estonian Republic apply.
The customer agrees to indemnify and hold harmless Radicenter from any claims resulting from the use of our services.
Use of our 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 anothers 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 firstname.lastname@example.org.
Examples of unacceptable material on all Shared and Reseller servers include:
Image Hosting Scripts (similar to Photobucket or Tinypic)
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Push button mail scripts
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Tell A Friend Scripts
Radicenter services, including all related equipment, networks and network devices are provided only for authorized customer use. Radicenter systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Radicenter system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Radicenter may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 24 hours.
Sites hosted on Radicenter service(s) are regulated only by Estonian law. We do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Radicenter is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material.
Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, Radicenter should and cannot be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under Radicenter webhosting service(s).
If in doubt regarding the acceptability of your site or service, please contact us at email@example.com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography:
Any site found to host child pornography or linking to child pornography will be suspended or terminated immediately without notice.
Violations will be reported to the appropriate law enforcement agency.
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.
Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups.
Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Radicenter reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Radicenter reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Radicenter.
You agree to supply appropriate payment for the services received from Radicenter, in advance of the time period during which such services are provided. You agree that until and unless you notify Radicenter of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via e-mail to our support team. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled.
As a client of Radicenter, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Radicenter of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis.
Domain renewal notices and invoices are provided as a courtesy reminder and Radicenter cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.
Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer’s responsibility to notify our support team via email for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.
Invoices that have been paid more than once with credit card or multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded. If you require assistance with this provision, please contact firstname.lastname@example.org.
Radicenter reserves the right to change the monthly payment amount and any other charges at anytime.
Backups and Data Loss
Your use of this service is at your sole risk. Our backup service runs once a day. This service is provided to you as a courtesy. Radicenter is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Radicenter servers.
Cancellations and Refunds
Radicenter reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in euros, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Radicenter is not responsible for any change in exchange rates between time of payment and time of refund.
Customers may cancel at any time via e-mail our customer control panel.
All payments are non-refundable, and refunds may be posted as credit to the hosting account.
Violations of the Terms of Service will result in no refund or credit to the hosting account.
User may not:
1) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
The use of more than 500 000 inodes on any account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit.
The amount you pay for hosting will never increase from the date of payment. We reserve the right to change prices listed on our website, and the right to change the amount of resources given to plans at any time.
Customer agrees that it shall defend, indemnify, save and hold Radicenter harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Radicenter , 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 Radicenter against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Radicenter; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Radicenter server.
Radicenter shall not be responsible for any damages your business may suffer. Radicenter makes no warranties of any kind, expressed or implied for services we provide. Radicenter disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Radicenter and its employees.
Radicenter performs server maintenance nightly between 2 AM and 4 AM. During the maintenance window, service interruptions may (but do not neccessarily) occur.
Disclosure to law enforcement
Radicenter may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Changes to the Terms of Service
Radicenter reserves the right to revise its terms of service and any other policies at any time without notice.