Effective Date: 2021/08/01

1. Introduction and Agreement

Welcome to RAD Group ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our web hosting, domain registration, Virtual Private Server (VPS), Virtual Datacenter (VDC), BigBlueButton hosting, managed Moodle hosting, web development and related services (collectively, the "Services").

1.0. Scope of Application:

These Terms and Conditions shall apply to and govern the use of Services provided by the Company through the following official websites and any related subdomains:

• RAD Hosting: radhosting.net
• JETROOM: jetroom.net
• CLOUDIATOR: cloudiator.net

1.1. Acceptance of Terms:

By accessing, using, or registering for any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Acceptable Use Policy (AUP), and Privacy Policy, all of which are incorporated herein by reference. If you do not agree to these Terms, you may not use the Services.

1.2. Changes to the Terms:

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the revised Terms on our website and/or by sending notice to the primary email address on file. Your continued use of the Services thirty (30) days after the effective date of any revised Terms constitutes your acceptance of the changes.

2. Account Management and Customer Responsibilities

2.1. Eligibility and Information Accuracy:

You must be eighteen (18) years of age or older and possess the legal authority to enter into this agreement. You agree to provide accurate, current, and complete information and to maintain its accuracy. If the user is a natural person, they must be at least 18 years old. If the user is a business entity, they must be legally established in their jurisdiction. Failure to provide accurate contact information may result in the immediate suspension or termination of your account.

2.2. Security and Account Access:

You are solely responsible for maintaining the confidentiality and security of your account passwords and for all activities that occur under your account. You must notify us immediately of any unauthorized use or security breach. The Company reserves the right, but not the obligation, to monitor Customer Content for the purpose of ensuring compliance with the Terms and AUP.

2.3. Customer Content and Data Responsibility:

You retain all ownership rights to the content you upload ("Customer Content"). You grant us a worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, and publish the Customer Content solely for the purpose of providing the Services. You warrant that your Content does not infringe on any third party’s intellectual property rights.

The Customer is solely responsible for creating and maintaining regular backup copies of all Customer Content outside of the Company's equipment and servers. The Company provides backup services as a courtesy only, and the Customer agrees that the Company shall have no liability or responsibility whatsoever for any data loss, corruption, or inability to restore data from any backup copies made by the Company.

3. Service Usage, Support, and Prohibited Content (AUP)

Violation of this AUP constitutes a material breach and may result in immediate, temporary suspension or permanent termination of your Services without refund.

3.1. Official Technical Support and Communication:

The Company provides technical support exclusively through its official client support ticket system. Any communications via email, telephone, or live chat are considered unofficial for technical or legal purposes. The Customer is obligated to refrain from submitting repeated or excessive tickets for the same issue ("Ticket Spamming"), as this negatively impacts the service quality for all customers and may result in a formal warning or account suspension.

3.2. Prohibited Content:

• Religious Insult/Hate Speech: Hosting, linking to, or transmitting any content that contains defamation, insult, or denigration of Divine Religions, their prophets, holy books, or revered figures is STRICTLY PROHIBITED and will result in immediate termination.
• Child Exploitation (CSAM): Hosting, linking to, or transmitting any content depicting the sexual abuse or exploitation of minors is STRICTLY FORBIDDEN and will result in immediate termination and mandatory reporting to law enforcement.
• Adult Content: Hosting legally permissible adult content or non-abusive, non-exploitative pornography is STRICTLY PROHIBITED on all shared hosting services and discouraged on VPS/VDC services unless explicit legal compliance is guaranteed by the customer.

3.3. Network and System Abuse and Service Disruption:

• Service Disruption and Suspension: If the Customer's Service causes a disruption, malfunction, or detrimental effect to the network, server performance, or the services of other customers, the Company is authorized to immediately suspend the Customer's Service until the issue is fully remedied and confirmed by the Company.

• Unauthorized Server Services: Running unauthorized server processes is forbidden, including:

  • Any Peer-to-Peer (P2P) activity or Torrent clients.
  • Operating an Open Relay Mail Server.
  • Running a DHCP Server.
  • Enabling DNS Server Recursion.

• Denial of Service (DDoS) Attacks: Initiating, participating in, or maintaining a Service that is the source of a DDoS attack is STRICTLY PROHIBITED.

3.4. Specific Shared Hosting Terms:

• Email Limits: For Shared Web Hosting services, each domain is strictly limited to sending a maximum of 100 emails per day to prevent spam and maintain shared server integrity.
• Resource Limitation: Shared Hosting customers are explicitly limited from running processes that exceed 15% of the server’s CPU capacity for more than 90 seconds.

3.5. Specific VPS and VDC Terms:

• Management: All Virtual Private Servers (VPS) and Virtual Datacenter (VDC) Services are provided on an Unmanaged basis. The Company assumes no responsibility for free installation, configuration, maintenance, updating, or technical support for the operating system, control panels, or any software installed. The sole responsibility for maintenance, security, and data integrity rests entirely with the Customer.
• SMTP Restriction: For all Virtual Private Servers (VPS) and Virtual Datacenter (VDC) Services, outgoing email transmission via port 25 (SMTP) is disabled and not permitted. Customers must use an alternative port or a third-party email service provider.

3.6. Abuse Handling, Remediation, and Fine:

The Customer is required to respond to any abuse notification received regarding their Service within a maximum period of 24 hours, rectify the reported issue, and pay the necessary monetary penalty or fine specified by the Company for the violation. The Company is authorized to temporarily suspend the Customer's Service until a full response is received, the problem is fixed, and the required monetary penalty is fully paid.

3.7. Compliance with Local Laws:

You must ensure your use of the Services, including the content hosted, complies with all local laws, regulations, and statutes of your country of residence, the location of the server, and international treaties regarding data privacy and electronic commerce.

4. Financial Terms and Cancellations

4.1. Payment, Late Fees, and Termination for Non-Payment:

All fees are due on or before the due date specified on the invoice. Failure to pay the invoice on time will result in the temporary suspension of the Service. If the invoice remains unpaid for seven (7) calendar days following the suspension date, the Company reserves the right to permanently terminate and delete the Service, including all associated Customer Content, without further notice. You agree that the Company is not liable for any data loss resulting from such termination.

4.2. Right to Change Tariffs:

The Company reserves the right to change the tariffs, fees, and prices of its services and products at any time. The new tariff will be applied to the Customer starting from the next renewal period following the announcement of the change.

4.3. Taxes and Duties:

You are solely responsible for paying any local, state, federal, or international sales taxes, VAT, duties, or tariffs levied on the amounts payable to the Company. If the Company is required to pay such taxes, you agree to reimburse the Company for such payment immediately.

5. Money-Back Guarantee and Refund Policy

The Money-Back Guarantee applies only to the initial purchase of Web hosting, Virtual Private Server (VPS), Virtual Datacenter (VDC), BigBlueButton hosting, Managed Moodle hosting within ten (10) days of the purchase date. Fees for domain registration, setup fees, dedicated IP addresses, and custom licenses are NON-REFUNDABLE.

5.1. Money-Back Guarantee Conditions:

1. Renewals, upgrades, or transfers of services do not qualify for the Money-Back Guarantee.
2. The Customer must not have utilized more than 20% of the purchased service resources, including disk space, monthly traffic/bandwidth, or any other primary service facilities, prior to submitting the refund request.
3. The Customer must not have violated any terms or conditions of this entire Agreement (including the AUP and the Terms of Service) prior to submitting the refund request.

5.2. Customer Data Responsibility:

1. The Customer agrees and undertakes to securely back up all their data outside of the Company's servers before submitting the refund request.
2. Upon receipt of the refund request and processing the money-back transaction, the Service Provider will bear no obligation whatsoever to retain or maintain the Customer's data, and the associated service will be terminated and permanently deleted.

6. Service Level Agreement (SLA) and Availability

This SLA section defines the availability goals and potential remedies for eligible Services.

6.1. Service Availability Guarantee (SLA Goal):

The Company sets a goal of 99.9% network uptime for its core infrastructure ("Service Availability").

6.2. Service Credit (Remedy):

If the verified Service Availability falls below the 99.9% goal in a calendar month, you may be eligible to receive a Service Credit. This credit will be calculated as a percentage of the monthly recurring fee for the affected service, as the sole and exclusive remedy for any downtime.

The Service Credit will be applied as additional days added to the Customer's current service expiration date and is not convertible to cash, refundable, or transferable. The maximum credit in any month is 50% of the monthly fee.

Monthly Uptime Percentage	Service Credit Applied (% of Monthly Fee)
99.9% and above	0%
99.0% to 99.89%	5%
Below 99.0%	10% (and up to 50% for extended outages)

6.3. Downtime Exclusions:

Downtime shall not include any unavailability caused by: Scheduled Maintenance (with 24-hour notice), customer-caused misconfigurations, external DDoS attacks, or Force Majeure events.

7. Indemnification and Limitation of Liability

7.1. Customer Indemnification (Defense of Company):

You agree to defend, indemnify, and hold harmless the Company, its directors, employees, and agents from any and all liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your breach of these Terms, (b) your violation of any third-party rights (including intellectual property or privacy rights), or (c) any injury or damages arising from your use of the Services.

7.2. Limitation of Liability and Sole Remedy:

THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY. RAD Group WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM THE SERVICES. EXCEPT FOR THE SERVICE CREDIT PROVIDED IN SECTION 5, our total aggregate liability for any claim shall not exceed the amount you paid for the Services during the THREE (3) MONTHS immediately preceding the claim.

8. Reseller and Whitelabel Provisions

If you resell any portion of the Services to third parties, you acknowledge the following:

1. You are solely responsible for providing all technical support, billing, and services to your end-users.
2. You must include terms of service and an AUP at least as restrictive as the Company's Terms and AUP in your agreements with your end-users.
3. Any breach of the Company's Terms or AUP by your end-user is considered a breach by you, and may result in immediate suspension of your entire Reseller account.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the substantive laws of England and Wales, without reference to its conflict of laws principles.

9.1. Dispute Resolution:

Any dispute, controversy, or claim arising out of or relating to this agreement, or the breach, termination, or validity thereof, will first be attempted to be resolved through good faith negotiation.

If negotiation fails, the parties agree to submit to the exclusive jurisdiction of the courts located in London, England, for the final resolution of all disputes.

10. Miscellaneous

10.1. Force Majeure:

Neither party will be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, war, terrorism, earthquakes, floods, or power outages.

10.2. Severability:

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

10.3. Entire Agreement:

These Terms, along with the AUP and Privacy Policy, constitute the entire agreement between you and RAD Group and supersede all prior agreements and understandings.