Terms & Conditions

1. SERVICE
Radiant will sell and the Customer will purchase certain services. Radiant’s services are defined as Internet, telecommunications, network, software, and information services used by the Customer as provided by Radiant. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the global Internet.

Web Hosting Service means - Any act of serving the Customer, being provided by Radiant, regardless of its duration and whether it is a paid service or a service for free. The Services are provided "as is" and "as available" without warranties or conditions of any kind.
Without limiting the scope of item 1.a above, Radiant will provide services on its host computing systems to individual Customers in exchange for payment of fees and compliance with the terms and conditions of this document.
Connectivity Service means connection of the customer to the Internet via a telecommunications facility.

2. DOMAIN NAME REGISTRATIONS
Radiant's role in the registration of a domain name is limited to the submission of the registration request to the appropriate registrar (the "Registrar"). Radiant does not and cannot guarantee that a particular application for a domain name will be accepted or approved. Please note each individual domain name constitutes a single submission.

Radiant will submit applications to the Registrar as provided. It is the Registrant's or Customer’s responsibility to provide accurate information. Any change to the original information has to be made directly to the Registrar and not to Radiant. Be advised that upon registering a domain name with Network Solutions, Inc or WebNames.ca, Inc. the Customer will be subject to the Terms and Conditions of these registrars, or other registries as applicable.

3. TERM
The term of use is month to month, unless otherwise agreed upon. Web Hosting services are automatically renewed on the final day of the Term unless terminated in accordance with Section 6 below.

4. USAGE/TRAFFIC
Most of our business customers, incur traffic levels well below their account limits which range from 5GB to 100GB/month depending on the type of account they have.

For the few customers who incur traffic levels above their account limits, there is an incremental fee per GB over their account limit.

5. TERMS/RATE CHANGES
Rates and Terms are subject to change.

6. TERMINATION

Connectivity Services

For Cause. Either party may terminate the Customer's Services for cause without penalty in the event that the other party breaches any material term of this Policy, including but not limited to Section 7 of this Policy. Prior to such termination, the party intending to terminate shall first give the other party written notice of its intent to terminate, which shall clearly describe the problem(s) constituting cause. Customer shall cooperate with Radiant in enforcing this Terms of Use Policy.
For Convenience (Month-to-Month Contract Customers). Customer may terminate their Services at any time for convenience after giving Radiant at least 30 days written notice before the following payment period. In the event of such termination, Customer forfeits all prepaid fees.
For Convenience (12 Month Contract Customers). Customer may terminate Services at any time for convenience by giving Radiant at least 60 days written notice. In the event of such termination, Customer will pay Radiant the lesser of 75% of the applicable monthly minimum amounts for each remaining month of the Minimum Service Period or 3 times the monthly service fee, in addition to paying all amounts due and owing as of such termination. If Radiant has purchased equipment on behalf of the Customer, including but not limited to ADSL modems and routers, Customer shall either assume responsibility for payments for such equipment, until paid in full or return equipment, without credit, to Radiant.
For Convenience (24 Month or Longer Contract Customers). Customer may terminate Services at any time for convenience by giving Radiant at least 60 days written notice. In the event of such termination, Customer will pay Radiant the lesser of 75% of the applicable monthly minimum amounts for each remaining month of the Minimum Service Period or 4 times the monthly service fee, in addition to paying all amounts due and owing as of such termination. If Radiant has purchased equipment on behalf of the Customer, including but not limited to ADSL modems and routers, Customer shall either assume responsibility for payments for such equipment, until paid in full or return equipment, without credit, to Radiant.

Hosting Services

For Cause. Either party may terminate the Customer's Services for cause without penalty in the event that the other party breaches any material term of this Policy, including but not limited to Section 7 of this Policy. Prior to such termination, the party intending to terminate shall first give the other party written notice of its intent to terminate, which shall clearly describe the problem(s) constituting cause. Customer shall cooperate with Radiant in enforcing this Terms of Use Policy.
For Convenience (Month-to-Month Service Customers). Customer may terminate their Services at any time for convenience after giving Radiant at least 30 days written notice before the following payment period. In the event of such termination, Customer forfeits all prepaid fees.
For Convenience (Prepaid Service Customers). Customer may terminate Services at any time for convenience by giving Radiant at least 60 days written notice. In the event of such termination, Customer forfeits all prepaid fees.

7. ABUSE OF SERVICES
Any use of Radiant system resources that disrupts the normal use of the system for other Radiant customers is considered to be an abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to:

Spawning dozens of processes
Consuming excessive amounts of memory or CPU for long periods of time
Spamming or mass emailing using internal or external mail and/or news servers.
Illegal, criminal or malicious activities.
Transmission of any material in violation of any International, National, or Local jurisdictional law or regulation, to include, by not limited by, copyrighted material, threatening or obscene material, or material protected by trade secret. Note that Radiant does not host web sites containing adult content.
Any other activity or activities that Radiant in its sole discretion determines is unethical or damaging to our other customers, users of the Internet, Radiant's Network or to our corporate reputation.
Propagation, support for, creation of or deliberate attacks by any Virus or Worm
Giving false information to obtain access to the Company's system and/or to purchase any service. Any other activity or activities that Radiant in its sole discretion determines is unethical or damaging to other customers, users of the Internet, Radiant's Network or to our corporate reputation.
Without limiting the scope of the above, Radiant forbids the storage of illegal/pirated software, the use of any type of IRC bot and/or proxy, the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk email lists intended for spamming or resale purposes.

Account Abuse
Defined as those many and varied activities that would commonly be termed abusive by computer professionals. These would include, but are not limited to:

Modification of, or tampering with, files not owned by the user. Attempts to examine files that contain sensitive information not normally to be viewed by system users.
Attempts to use system resources not normally available to users.
Attempts to reduce the systems security, or to hamper the normal functioning of the system. (Note: The modification of sensitive files is considered acceptable when occurring under the normal function of common user programs designed to modify or examine those files, such as the password program.)
Attempts to violate or affect the rights of others.
Attempts to make publications that are threatening or defamatory or otherwise injurious to the business or reputation of others.
Attempts to violate the law.

Attempts to misuse the proprietary information, intellectual property or property of others for their own purposes.

Email SMTP Acceptable Use

Using any facet of the Radiant network for unsolicited emailings (SPAM) is prohibited.
Maintaining an open SMTP relay is prohibited.
2500 emails per day/connection using a shared Radiant SMTP server.
10000 per month/connection using a shared Radiant SMTP server.
Pushing of no more than 50 emails per minute using a shared Radiant SMTP server.
Max of 150 recipients per single email an automatic block on our SMTP servers.
25MB file attachment per email.

Depending on the nature and the severity of the abuse, the user may receive an email warning or have his/her account suspended by Radiant Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with Radiant Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service reconnection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Operations Manager. However, spamming activities will result in immediate termination of services to Customer.

Unethical and criminal offenses are violations of Radiant’s TUP. Customers are expected to report to Radiant any information they may have concerning instances in which the TUP have been or are being violated. When Radiant becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, Radiant may suspend access to Services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution.

8. BILLING
The Customer is responsible for all applicable charges for services rendered, as set forth in the Web Hosting and Hosting Options pricing structure, as detailed at www.radiant.net at time of order submission, plus all applicable taxes. Web Hosting is a pre-paid service. Invoicing for Web Hosting Services is delivered after the charge has already been applied to the credit card provided. If the Customer is paying by cheque or money order, they will be invoiced in advance of payment due. Customer is required to pay in a minimum of three-month increments when paying by cheque or money order. Invoices may be delivered by email, fax or mail. Service interruption does not relieve the Customer from the obligation to pay the monthly charge. Additional fees may apply for NSF payments, reactivations, terminations, and changes of service. Accounts are in default if payment is not received within 30 days after day of invoice. If the Customer defaults, the Customer agrees to pay Radiant its reasonable expenses including solicitor and collection agency fees, incurred in enforcing its rights under this Agreement. Accounts in default are subject to an interest charge of 1.5% per month (19.56%. per annum).

9. USE OF NETWORK
Radiant Services are for the exclusive use of the Customer as contemplated by this TUP and is restricted by the TUP. Radiant reserves the right to amend the TUP from time to time. The Customer acknowledges that they have read the TUP in effect at the date hereof.

10. IP ADDRESSES
Radiant maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to the Customer and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

11. CUSTOMER RESPONSIBILITY
It is Radiant's responsibility to install and maintain all of Radiant's hardware, software and Network Infrastructure. The Customer will have sole responsibility for ensuring that any additional software and services are compatible with Radiant's requirements and that they continue to be compatible with any modifications to any of the Services by Radiant from time to time. Radiant, at its sole discretion may deny any additional software application installations.

12. AGE OF MAJORITY
Radiant cannot accept agreements and payments from persons under the age of 18 years. Therefore, Radiant requires that its agreements be made with a person who is qualified to contract. As such, the Customer must be over the age of 18 years. Otherwise, a parent or guardian must accept the TUP and ensure the proper payment.

13. MODIFICATIONS
Radiant may, from time to time, modify the charges (including late payment charges) or any other term or condition of its Services provided that it gives the Customer at least 30 days advance written notice. The Customer shall have the option to continue their Services at the new charge or terminate their Services upon giving written notice to Radiant prior to the expiration of the 30 day period referred to above.

14. MISCELLANEOUS
This TUP shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada as applicable therein. Radiant may assign its rights and obligations under this TUP without your prior written consent. The Customer may not assign their Services without the prior written consent of Radiant, such consent not to be unreasonably withheld. This TUP remains binding upon the parties and their respective heirs, executors, trustees, successors, and assigns.

15. DATA, PROTECTION
Customer acknowledges having read Radiant's Privacy & Security statement in effect at the date hereof, available at www.radiant.net.

16. LIMITATION OF LIABILITY
In no event will Radiant be liable for:

incidental, indirect, special or consequential damages or,
any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with this TUP or the use or performance of Radiant Services, whether in action or of contract or tort including but not limited to negligence. Radiant's liability for damage to property shall be limited to physical damage directly caused by the sole negligence of Radiant and in no event shall exceed the charges associated with the provision of the Services. No action may be brought under this TUP more than two (2) years after its termination, or in the event of default by one of the parties, more than two (2) years after such default has come to the notice of the other party.

17. INDEMNIFICATION
The Customer hereby covenants and agrees to indemnify, defend and save harmless Radiant and its Partners, employees, legal representatives, successors and assigns, and each of them, from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all liabilities, judgments, losses, damages, costs, charges, lawyers' fees, and other expenses of every nature and character by reason of the Partner's business and/or actions in respect of this TUP. The Partner further covenants and agrees that the provisions contained in this Section 16 shall survive the termination or earlier expiration of the Customer's Services and shall be liberally construed in favour of Radiant.

18. FORCE MAJEURE
Radiant shall not be liable for any loss, damage, delay or failure to perform whole or in part resulting from causes beyond Radiant's control, including, but not limited to, war, acts of terrorism, fires, earthquakes, strikes, delays in transportation, or requirements of any government agency.