Terms of Service

last updated: January 14, 2016

In Summary (Every Day English)...

We run a web site hosting and online communication service called RadiusWebTools and would love for you to use it. We offer several levels of paid service as well as paid upgrades for advanced features such as secondary domains and extra accounts. Our service is designed to give you as much control and ownership over what goes on your site as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).

Terms of Service

The following terms and conditions govern all use of the RadiusWebTools.com website and all content, services and products available at or through Radius Web Tools (collectively, "RWT"). RWT is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by RWT (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using RWT. By accessing or using any part of RWT, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the RWT or use any services. If these terms and conditions are considered an offer by RWT, acceptance is expressly limited to these terms. RWT is available only to individuals who are at least 13 years old.

Your Responsibilities

You are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must immediately notify RWTof any unauthorized uses of your site, your account or any other breaches of security. RWT will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

If you operate a website, post material or links to the Website, or otherwise make (or allow any third party to make) material available by means of the Website or other features in RWT (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
your site is not named in a manner that misleads your readers into thinking that you are another person or organization. For example, your blog’s URL or name is not the name of a person other than yourself or organization other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by RWT or otherwise.

Without limiting any of those representations or warranties, RWT has the right (though not the obligation) to, in RWT’s sole discretion (i) refuse or remove any content that, in RWT’s reasonable opinion, violates any RWT policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of RWT to any individual or entity for any reason, in RWT’s sole discretion. RWT will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal


General Terms

Several levels of paid service as well as optional paid upgrades such as extra storage, or secondary domains are available on RWT (any such services, a “Service”). By selecting a Service you agree to pay RWT the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Service and will cover the use of that service for a monthly or annual subscription period as indicated. Service fees are not refundable. 

Automatic Renewal

Unless you notify RWT at least 15 business days before the end of the applicable subscription period that you want to cancel a Service, your Service subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Services can be canceled at any time by submitting the cancellation form at this link: radiuswebtools.com/cancel.

 

Intellectual Property 

This Agreement does not transfer from RWT to you any RWT or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with RWT. Radius Web Tools, RadiusWebTools.com, the Radius Web Tools logo, and all other trademarks, service marks, graphics and logos used in connection with Radius Web Tools are trademarks or registered trademarks of Radius Web Tools or Radius Web Tool’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any RWT or third-party trademarks.

Attribution

RWT reserves the right to display attribution links such as ‘Powered by Radius Web Tools’ and resale partner branding in you site footer. Footer credits may not be removed regardless of services purchased.

Domain Names

If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

Changes

RWT reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to RWT following the posting of any changes to this Agreement constitutes acceptance of those changes. RWT may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

RWT may terminate your access to all or any part of RWT at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

RWT is provided “as is”. RWT and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither RWT nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, RWT at your own discretion and risk.

Limitation of Liability

In no event will RWT, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to RWT under this agreement during the twelve (12) month period prior to the cause of action. RWT shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless RWT, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of RWT, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between RWT and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of RWT, or by the posting by RWT of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of RWT will be governed by the laws of the state of Ohio, U.S.A.. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; RWT may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.