This Terms of Service Agreement (TOS Agreement) constitutes a valid, binding and enforceable legal contract by and between you, the Subscriber, and Oulee, (Oulee).IMPORTANT NOTICE: *All Payments to Oulee Are Non-Refundable
1. Provision of Service: Acceptance of this TOS Agreement :
Oulees provision of service to Subscriber, and Subscribers acceptance and use of said service, constitute Subscribers acceptance of, and agreement to, this TOS Agreement as well as Subscribers acceptance of, and agreement to, Oulees Acceptable Use Policy (OuleeS AUP) — which is herewith made a part of this TOS Agreement. This TOS Agreement,constitutes the entire agreement between the parties, and supersedes any prior agreements between the parties .
2. Cancellation of Service:
Oulee reserves the right to cancel this TOS Agreement and to permanently disconnect the service that Oulee provides to Subscriber hereunder at anytime without further obligation. Subscriber may cancel this TOS Agreement and the service that Oulee provides to Subscriber hereunder by requesting cancellation by Contacting Oulee at least fourteen (14) days prior to Subscribers next monthly billing date. Oulee will not honor notice of cancellation by any other means of communication. Subscriber must be current on all payments and must have all account information available at the time of such request for said requested cancellation to become effective. It is Subscribers responsibility to separately confirm that Oulee has timely received notice of requested cancellation, and Subscriber must make arrangements to pick up any server computer that it owns for removal from Oulees facility.
3. Disconnection of Service:
Not by way of limitation of Oulees right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that Oulee provides to Subscriber, Oulee also reserves the right to temporarily disconnect (suspend) the service that Oulee provides to Subscriber (or any one of them, if Subscriber has more than one account or server): For Subscribers failure to timely pay any fee or amount due to Oulee, in which case Oulee will first send Subscriber an email indicating that Subscribers account is overdue and advising Subscriber that the service that Oulee provides to Subscriber may be terminated if payment is not made within 24 hours; and/or If Oulee determines, in its sole judgment, that Subscriber is in violation of this TOS Agreement, and Oulee believes that Subscriber can timely and appropriately cure said violation. If, in Oulees sole discretion, a potential violation is detected, the service (including all services on all server computers of Subscriber, if Subscriber uses more than one) that Oulee provides to Subscriber may be terminated, without notice to Subscriber, until Oulees investigation is complete, which investigation Oulee shall attempt to complete within a reasonable time period. Subscriber will not be credited, under any circumstances, for any time that the service that Oulee provides to Subscriber is suspended, interrupted or terminated.
4. Oulee Not Obligated To Review Activities or Notify of Violations: Ouleeis under no obligation to review Subscribers and/or any of Subscribers Sub-Users (the term Subscribers Sub-User is defined below) activities to determine if a violation of this TOS Agreement has occurred. Further, Oulee does not assume any responsibility by virtue of this TOS Agreement to monitor, enforce or police Internet-related activities or to notify Subscriber of any actual or suspected violations.
Oulee reserves the right to amend, and may amend, from time to time, within its sole discretion, the terms and conditions of this TOS Agreement . Oulee will provide notice of such amendment(s) by posting such amendment(s) via email after Oulee emails such amendment(s) on its website shall constitute Subscribers acceptance of any/all such amendments. Amendment(s) shall not constitute grounds for Subscribers early cancellation of this TOS Agreement or the service, nor grounds for Subscribers non-payment for the service that Oulee provides to Subscriber after the effective date of such amendment(s), and Subscriber shall continue to be bound by the terms and conditions of this TOS Agreement, as amended, for any service provided by Oulee to Subscriber thereafter. It is Subscribers responsibility to review, from time to time, this TOS Agreement, as published on Oulees website, for any amendment(s).
Subscriber may not transfer or assign this TOS Agreement without the prior written consent of Oulee. Oulee may transfer and assign this TOS Agreement, the Service and all of Oulees rights, titles and interests thereunder at any time without consent from or notice to Subscriber.
Waiver by Oulee of Subscribers breach of any term or condition of this TOS Agreement shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other term or condition of this TOS Agreement .
8. Compliance with law:
Inasmuch as the service that Oulee provides to Subscriber is controlled and operated by Oulee from its facilities in the United States, Subscriber shall comply with all U.S. local, state, federal and national laws, statutes, ordinances and regulations that apply to Subscribers use of the service that Oulee provides to Subscriber, as well as with all laws in all other jurisdictions that apply to Subscribers use of the service that Oulee provides to Subscriber.
9. Choice of Law / Jurisdiction / Venue / Statute of Limitations:
This TOS Agreement shall be construed in all respects in accordance with the laws of the state of Illinois applicable to contracts enforceable in that state. By entering into this TOS Agreement and accepting and using Oulees services hereunder, Subscriber submits to jurisdiction and venue in the courts of Cook County, Illinois, for any dispute(s) related to or rising out of this TOS Agreement. Notwithstanding any contrary provision of law, any claim or cause of action arising out of this TOS Agreement and/or related to the service that Oulee provides, or is to provide, to Subscriber must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Subscriber Shall Defend and Indemnify Oulee: Subscriber shall fully defend, indemnify, pay and hold harmless Oulee and its managers, members, employees, affiliates, attorneys, agents, contractors and licensors (such Oulee related parties collectively referred to under this Section 10.A. as Oulee-related party) for any Subscriber violation(s) of this TOS Agreement and for any violation(s) by a sub-subscriber of, client of, customer of, reseller of, user of, sub-user of, or similar party related to, Subscriber (collectively referred to as a Subscribers Sub-User), that results in any loss, damage, cost or expense to Oulee or an Oulee-related party, or in any claim made or threatened against Oulee or an Oulee-related party by any third-party. If Oulee or an Oulee-related party is sued (or if a suit is threatened against Oulee or an Oulee-related party) because of Subscribers or a Subscribers Sub-Users act or omission, Subscriber shall pay any and all damages awarded against Oulee and any Oulee-related party immediately upon such award (whether or not any appeal is available/taken), plus any and all of Oulees and any Oulee-related partys expenses and costs (including Oulees and any Oulee-related partys reasonable attorneys fees) related thereto; OuleeNot Liable: The service that Oulee provides to, or is to provide to, Subscriber is provided on an as is and as available basis, and Subscribers use of said service is at Subscribers sole risk. In no case shall Oulee or any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses or claims, arising from or related to: Subscribers or Subscribers Sub-Users use or inability to use the service (whether from Service Faults or otherwise) that Oulee provides to, or is to provide to, Subscriber; Any destruction, damage, taking, unavailability or other loss of Subscribers or any Subscribers Sub-Users system, server or data; The cost to procure any substitute service; Any unauthorized access or use of Subscribers account; or Any third party conduct or other matter relating to the service; Content Responsibility: Oulee takes no responsibility or accountability for, and Subscriber is entirely responsible and accountable for, any and all Subscriber and third-party data, information and content transmitted by (via email, uploading, posting or otherwise), stored on, inputted to/through, linked to/through and/or served by, Subscribers server computer (or any server computer internally assigned to Subscriber) at Oulees premises and/or using the service that Oulee provides to Subscriber; Subscribers Responsibility to Enforce: It is Subscribers responsibility to ensure that Subscriber and all of Subscribers Sub-Users continuously adhere to the terms and conditions contained in this TOS Agreement, and Subscriber is, and will be held, responsible for Subscribers acts and omissions and for the acts and omissions of Subscribers Sub-Users related thereto. It is in Subscribers best interest to implement a similar policy of acceptable use and compliance among Subscribers Sub-Users; Subscribers Network / Security: Subscriber is solely responsible for ensuring that its network and the network(s) of Subscribers Sub-User(s) are configured in a secure manner. Subscriber is solely responsible for any intrusions into, or security breaches of, any of its server computers, networks or systems. Subscriber is solely responsible and accountable for, and Oulee shall not be responsible or accountable for, any/all activities that occur on or through Subscribers service computers, networks and systems, including any and all acts or omissions by, or attributable to, any third party, using the service that Oulee provides to Subscriber; Subscribers Responsibility to Backup System/Data – Deletion of System/Data: Oulee is not responsible for, and Subscriber is solely responsible for, backing up Subscribers system/data, including any/all system/data of any Subscribers Sub-User, related to Subscribers server computer (or any server computer internally assigned to Subscriber) at Oulees premises and/or to the service that Oulee provides to Subscriber. Any server computer owned by Subscriber on Oulees premises or otherwise under Oulees possession or control will be considered abandoned and forfeited thirty (30) days after cancellation of this TOS Agreement for non-payment, at which time, Oulee will delete any and all Subscriber and Subscribers Sub-User system/data. For any server computer not owned by Subscriber but that is or may be internally assigned to Subscriber, Oulee will delete any and all Subscriber and Subscribers Sub-User system/data immediately upon cancellation of this TOS Agreement for non-payment.; Subscribers Responsibility To Insure: Oulee is not responsible for, and Subscriber is solely responsible for, fully insuring Subscribers and Subscribers Sub-Users system/data against destruction, damage, taking, unavailability or other loss, and Oulee is not responsible for, and Subscriber is solely responsible for, fully insuring any/all server computers, components and equipment owned or controlled by Subscriber against loss and damage during shipment, handling, placement and use, whether said server computer/equipment is in Oulees possession or control or otherwise; Subscribers Responsibility For Server/Equipment: Subscriber is solely responsible for packaging and removing from Oulees premises/control any/all servers and equipment owned or controlled by Subscriber. Subscriber shall pay Oulee a $20.00 handling fee plus all shipping costs per package for any server/equipment which is shipped The Subscriber is responsible for insuring any/all shipments. Any server or equipment not removed within 30 days after cancellation of this TOS Agreement for any reason will be considered abandoned and forfeited.
11. Subscriber Contact Information, Updates & ID:
Subscriber shall provide Oulee with, and shall update Oulee immediately upon any change(s) with, accurate, current and complete contact information (including email, fax, telephone and street address contacts) so that Oulee may register Subscriber, charge payments to Subscriber and otherwise contact Subscriber as may be required from time to time in the course of this TOS Agreement.
12. Age/ Legal Authority:
If Subscriber is an individual, Subscriber must be eighteen (18) years of age or older in order to enter into this TOS Agreement to subscribe to the service that Oulee provides to Subscriber, and Subscriber herewith assures Oulee that Subscriber meets said age requirement. If Subscriber is an entity, Subscriber herewith assures Oulee that it has all the legal authority necessary to enter into this TOS Agreement to subscribe to the service Oulee provides to Subscriber.
13. Payment Information:
Service Rates: The nature of the service that Oulee provides to Subscriber, and the rates and fees thereof, have been communicated to Subscriber by Oulee. Oulee may amend its rates and fees from time to time, at Oulees discretion, by posting said change(s) on Oulees website. Payment: Oulee may charge Subscriber a one-time, pre-agreed set-up fee before Oulee establishes any service for Subscriber. Subscriber shall thereafter pay, on each monthly anniversary date thereafter, an ongoing service charge in advance for Oulees continued provision of the service that Oulee provides to Subscriber. Subscriber agrees that Oulee may automatically charge Subscribers credit card each month, and may process Subscribers payment as early as five (5) days before the due date, to ensure that Oulee receives payment on or before the due date; Invoicing: Oulee does send out invoices automatically. If Subscriber requires an invoice he may log into his account and obtain an invoice as well. Refunds and Disputes: All payments made to Oulee by Subscriber or on Subscribers behalf are nonrefundable – including the one-time set-up fee, if any, as well as any/all subsequent monthly charges (regardless of usage). Overcharges or billing disputes must be reported to Oulee within thirty (30) days of occurrence, otherwise Subscriber shall have waived all claims related thereto. If Subscriber disputes a charge to its credit card issuer, which charge Oulee deems, in its sole discretion, to be valid under the terms and conditions of this TOS Agreement, Subscriber shall pay Oulee, in addition to said disputed charge, an Administrative Fee of not less than $50.00 and not more than $150.00; Payment Declination/Rejection Charge: Should Subscribers credit card or any payment be declined or rejected for any reason, Oulee may charge Subscriber a $15.00 administrative fee per occurrence; Additional Charges for Failure to Timely Pay: Without limiting Oulees right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that Oulee provides to Subscriber, should Oulee suspend the service that Oulee provides to Subscriber because of Subscribers failure to timely pay any fee or amount due to Oulee, Subscriber may be required to pay Oulee, in addition to any fees and amounts due a $20.00 late fee.. Suspension of service does not relieve Subscriber of any responsibilities.
14. Service and Support:
Support & Support Boundaries: Within Oulees field of service and ability, Oulee offers 24 hours/day x 7 days/week technical support to Subscriber, except during a few holidays and company meetings when we temporarily close our facility. Subscribers server computer(s) housed at Oulees facility is(are) unmanaged, and Oulee offers only that the service provided by Oulee to Subscribers server computer(s) is online and remotely accessible. Oulee does not offer technical support for application-specific issues, and Oulee shall not provide technical support to Subscribers Sub-Users. Subscriber should contact Oulee by opening a help ticket with the support desk for technical assistance. In the event Oulee needs to ship out of Oulees premises any failed component of a server owned or controlled by Subscriber for any reason, a $20.00 handling fee per shipment plus all shipping costs will be applied; Service Faults / No Oulee Liability / No Warranty: Oulee does not guarantee that the service that Oulee provides, or is to provide, to Subscriber is or will be free from errors, omissions, corruption, attack, viruses, interference, loss, hacking, security intrusion, delays, non-delivery, wrong delivery or any other causes of interruption or damage (collectively Service Faults). As a reminder of, and not as a limitation of, Oulees limitation of liability under Section 10.B. above, in no case shall Oulee or any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses or claims, arising from or related to the following: Subscribers or Subscribers Sub-Users use or inability to use the service (whether from Service Faults or otherwise) that Oulee provides to, or is to provide to, Subscriber, Any destruction, damage, taking, unavailability or other loss of Subscribers or any Subscribers Sub-Users system, server or data, The cost to procure any substitute service, Any unauthorized access or use of Subscribers account or Any third-party conduct or other matter relating to the service. OULEE AND ITS MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, ATTORNEYS, AGENTS, CONTRACTORS AND LICENSORS HEREWITH EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO REQUEST OR ADVICE FROM SUBSCRIBER TO OULEE, IN ANY FORM OF MEDIA, SHALL CREATE ANY WARRANTY. SUBSCRIBER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBERS NETWORK AND SYSTEM AND FOR ANY LOSSES THAT RESULT FROM SUBSCRIBERS USE OF, OR INABILITY TO USE, THE SERVICE THAT OULEE PROVIDES, OR IS TO PROVIDE, TO SUBSCRIBER; IP Address Allocation / Ownership:If Oulee assigns Subscriber an Internet Protocol (IP) address and/or number(s) for Subscribers use, the right to use that IP address/number shall belong solely to Oulee, and Subscriber shall have no right to use that IP address/number except as permitted by Oulee in its sole discretion in connection with the services provided by Oulee to Subscriber during the term of this TOS Agreement. Oulee shall maintain and control ownership of all IP addresses and numbers that may be assigned to Subscriber by Oulee, and Oulee reserves the right to change or remove any and all such IP addresses/numbers, in its sole and absolute discretion. Oulees allocation of IP addresses/numbers is limited by the policies, as they exist from time to time, of the American Registry for Internet Numbers (ARIN), including policies providing that the use of IP addresses or numbers for IP-based virtual hosts are not acceptable as justification for new IP addresses or numbers. Pursuant to ARINs policies, as they exist from time to time, Subscriber must use name-based hosting whenever possible. Oulee will periodically review IP address usage, and if Oulee finds that Subscriber and/or Subscribers Sub-Users are using IP addresses or numbers where name-based hosting could be used, Oulee will revoke authorization for the use of those IP addresses/numbers. All IP addresses/numbers that are allocated to Subscriber must be utilized within forty-eight (48) hours of allocation, otherwise Oulee may retract said unused IP address or number without prior notification to Subscriber.Services usage must be reasonable. Customer may not put excessive burdens on our servers or other resources provided by Oulee. Customer may be asked to pay additional fee(s) going forward for excessive bandwidth, power consumption or technical service usages to avoid disruption or termination of services.15. Unauthorized Use of Account: Subscriber shall not reveal Subscribers account information to anyone, Subscriber shall protect and maintain the confidentiality and security of Subscribers account, Subscriber shall not use anyone elses account, and Subscriber shall immediately notify Oulee of any unauthorized use of Subscribers account or any other breach of security. Subscriber is solely responsible and accountable for, and Oulee shall not be responsible or accountable for, any/all activities that occur on or through Subscribers account, including any and all acts or omissions by, or attributable to, any third party, using the service that Oulee provides to Subscriber.16. Disclosure of Subscribers Information to Law Enforcement and to Third Parties: Subscriber herewith acknowledges and agrees that the Oulee may disclose any and all Subscriber information, including, but not limited to, Subscriber contact information, assigned IP addresses/numbers, account history, account use, etc., to any law enforcement agent who requests it, without further consent or notification to Subscriber. In addition, as may be allowed by ARIN policies from time to time, Oulee will provide any third party with Subscriber contact information (including the name, telephone number, email address and other contact information of Subscriber). Oulee shall apply the terms of this section to any/all of Subscribers Sub-Users, and Subscriber shall notify all of Subscribers Sub-Users of these terms,17. SPAM / Unsolicited Commercial Email (UCE) / Unsolicited Bulk Email (UBE) and abuse:For all abuse/spam issues not responded to in a timely matter a fixed $50 fee will be applied to the subscribers account. DO NOT SPAM FROM YOUR ACCOUNT. Subscriber may not use or permit others to use the service that Oulee provides to Subscriber to transmit (including by email, uploading, posting or other transmission), originate, pass through or otherwise transact any SPAM, UCE and/or UBE. Violations of this policy carry, as well as possible suspension or cancellation of service, additional penalties and/or remedies, including, but not limited to: Ouleereserves the right to drop the section of any IP space involved in any SPAM/ UCE/ UBE or Denial of Service (DOS) complaints if Oulee determines, in its sole discretion, that the offending activity is causing, or may cause, harm to other parties on the Internet (particularly if open relays are on Subscribers network or on a Subscribers Sub-Users network, or if DOS attacks are originating from Subscribers network); Subscriber will pay Research Fees of $175.00 per hour to compensate Oulee for employee time spent investigating Subscribers violation. Oulee reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated violation; First violations of Oulees SPAM/ UCE/ UBE policy will result in an Administrative Fee of $250.00; a second violation will result in an Administrative Fee of $500.00, and immediate cancellation of Subscribers service; and Ouleemay notify law enforcement officials if the violation is believed to be a criminal offense; Oulees remedies are cumulative and they may be exercised concurrently or separately at any time. Lack of action by Oulee with respect to any remedy shall not serve as a waiver of that or any other remedy at any time;
IMPORTANT NOTICE: A Subscriber hosting websites or services on Subscribers server computer supporting spammers or resulting in any of Oulees IP space to be listed in any of the various Spam Databases or black hole lists will have its service immediately disconnected. Such suspended service will not be reconnected until such time that Subscriber agrees to remove ANY and ALL traces of the offending material immediately upon reconnection, and agrees to allow Oulee access to its server computer(s) to confirm that all material has been COMPLETELY removed. Because Subscriber is ultimately responsible for the actions and omissions of Subscribers Sub-Users, it is advisable that Subscriber develop a similar policy for its Sub-Users. Ouleereserves the right to investigate actual, suspected or alleged violations of Oulees AUP, which includes the right to access data, information, contents and records on, or associated with, any server computer(s) of, or assigned to, Subscriber. Oulee shall not be in default of this TOS Agreement if Oulees investigation causes Subscriber to incur downtime or requires the sequestering of all or a portion of the Subscribers server computers; Ouleemay involve, and cooperate with, law enforcement authorities in investigating and/or prosecuting Subscriber and/or Subscribers Sub-Users who are involved in any violation of Oulees AUP. Subscriber shall assist Oulee to comply with all laws, ordinances, regulations and rules related to the service Oulee provides to Subscriber. Subscriber shall cooperate and comply with any/all civil or criminal investigations regarding activity through, and data, information, contents and records on, or associated with, any server computer(s) of, or assigned to, Subscriber, including, without limitation, discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court or government entity (each an Investigation). Without limiting any other right of Oulee, Oulee reserves the right to comply with any Investigation without notice to Subscriber; Without limiting Oulees right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that Oulee provides to Subscriber, Oulee may also, in its sole discretion, take any one or more of the following remedies for a violation of Oulees AUP: Disable access to Subscribers content that violates Oulees AUP; Remove DNS records from Subscribers server computer(s); Block email or any other network services; Effect IP address null routing; Take direct action against Subscribers Sub-Users; Charge Subscriber for remedial actions, and recover any and all expenses from Subscriber in connection with any violation of Oulees AUP attributable to Subscriber. Oulees remedies are cumulative and they may be exercised concurrently or separately at any time. Lack of action by Oulee with respect to any remedy shall not serve as a waiver of that or any other remedy at any time;
19. Free Hosting
Our free hosting is free after the set-up fee has been paid. Addons/extras/SSL are subject to price change, if this happens the user will get 1 months notice. The free hosting is guaranteed for the life of the contact, however any abuse to our systems, spamming or anything else we belive to be harmful/dangerous/illegal we will terminate without warning. If we close your account due to circumstances out of our hands a full refund of the set-up fee will be given and any backups we have of your site/s will be handed over. .
20. Oulees Remedies Cumulative / No Waiver:
Oulees remedies under this TOS Agreement are cumulative, and they may be exercised concurrently or separately at any time. Lack of action by Oulee with respect to any remedy shall not serve as a waiver of that or any other remedy at any time .
21. Oulees Trademarks:
All trademarks, service marks, logos, product names and service names of Oulee comprise the trademarks of Oulee, and Subscriber shall not, and shall not allow any third party to, display or use in any manner said trademarks without Oulees prior written permission. HostingsPlus,WiseowlPayments, LitespeedHosting.co.uk, WindowsHosting.im and DdosProtectedHosting.co.uk are all trademarks of Oulee
At RadioHost we want to make your life as a customer as easy as possible no matter what service you we provide you with. We pride ourselves on having great hosting with even better prices, we get a lower profit so you can benifit from great hosting which is never oversold. If you already have a site that needs updating or editing just contact us and we will get you a free quote to do the work quickly and reliably.
As well as our hosting services the Oulee Group also has a great store with loads of great "Oulee" brand gifts for sale. RadioHost is based on the Isle of Man in the British Isles and we use datacentres in the UK as well as throughout the world. We offer great 24/7 support whether that is via live chat or email, we are always about. Be Heard Beyond Boundaries.×
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