Terms of Use

The Main Points:

Terms:

Radar Hill Technology Group Inc., also known as Radar Hill Technology Inc. and Radar Hill, hereby known as Radar Hill, provides a variety of Internet services subject to the customer's compliance with the terms and conditions set forth in this policy.

Our property listings system, Listings Inventory Management Online, is also referred to as LIMo or LIMO.

The Fine Print:

  1. Radar Hill reserves the right to modify these policies and operating rules at any time. It is the customer's responsibility to check this document regularly. The customer's continued use of the service shall be deemed to be an acceptance of these policies and operating rules. It is the responsibility of the customer to remain up to date with regard to system notices and schedules. This includes reading any and all mailings from Radar Hill to our customers. Radar Hill reserves the right to revise or discontinue any or all pricing options, time packages, special discounts, or any other aspect of the service at its sole discretion and without prior notice.
  2. Radar Hill reserves the right to send its customers periodic email messages outlining new services, features, prices, etc. and/or important system announcements such as upgrades and maintenance shutdowns.
  3. Radar Hill's failure to insist upon or enforce strict performance of any term or condition in this policy shall not be construed as a waiver of any term or condition or right.
  4. The registered owner of an account is responsible for the actions of all parties using that account. It is the responsibility of the customer to ensure that all contact information provided is accurate and complete and kept current.
  5. Force Majeure: Radar Hill shall not be responsible for any failure to perform any obligation or provide service hereunder because of any Act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facilities shortages or other similar force beyond such Radar Hill's reasonable control.
  6. Radar Hill will have the final say on what constitutes a violation of these terms and conditions.
  7. USE OF A RADAR HILL SERVICE CONSTITUTES AN UNDERSTANDING AND ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT CONTINUE TO ACCESS OR USE THE SERVICE. ANY VIOLATION OF THESE TERMS AND CONDITIONS MAY RESULT IN THE SUSPENSION AND/OR TERMINATION OF THE SERVICE WITHOUT REFUND. If you do not agree to be bound by these Acceptable Use Guidelines, please notify Radar Hill Accounting Department so that we may initiate a closure of your account.
  8. Indemnity: You agree to indemnify, hold harmless, and defend Radar Hill, its officers, employees, staff, agents, contractors, and subsidiaries, from and against any claims, actions, damages, liabilities, legal fees, losses, and other expenses in relation to any claims or actions brought against Radar Hill arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of any website, database, or software product developed, maintained or adapted by Radar Hill, or arising out of any breach by you of use, misuse, copyright, Terms and Conditions, or other liabilities arising out of your use of other websites, information and/or materials.
  9. Governing Law: This agreement shall be governed by the laws of the Province of British Columbia, Canada.

Use of Services

  1. The Customer agrees to use Radar Hill's services only for lawful purposes, in compliance with all applicable laws.
  2. Acceptable Use: Customers are expected to exhibit good netiquette. Adult content is not permitted. Other specific activities that are prohibited include, but are not limited to: threatening harm to persons or property or otherwise harassing behavior; fraudulently representing products/services using customers accounts; facilitating, aiding, or encouraging any of the above activities. In all cases Radar Hill has the final say on what does and does not constitute an Acceptable Use.
  3. Violations: Radar Hill reserves the right to investigate suspected violations of these Guidelines. When Radar Hill becomes aware of possible violations, Radar Hill may initiate an investigation which may include gathering information from the Customer or Customers involved and the complaining party.
  4. During an investigation, Radar Hill may block access to customer's websites and/or email and/or other services provided by Radar Hill. If Radar Hill believes, in its sole discretion, that a violation of these Guidelines has occurred, it may take responsive action. Such action may include, but is not limited to, temporary or permanent blocking of customer's websites and/or email and/or other services provided by Radar Hill, and the suspension or termination of the customer's service.
  5. Radar Hill, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Guidelines could also subject the Customer to criminal or civil liability. Violations may also result in additional charges or fines being levied against violating customers, regardless of whether such customers have been found guilty in a court of law.

Email and Related Services

  1. Email service is provided on an "as is" and "as available" basis without warranties of any kind, either expressed or implied. No advice or information given by Radar Hill or its employees shall create a warranty.
  2. Radar Hill does not guarantee that email is 100% reliable, nor instantaneous. In no instance shall Radar Hill be held liable for any email difficulty, suspension, lack of service, customer action, outcome, nor inaction of any Radar Hill's customers resulting from email. Under no circumstances shall Radar Hill be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from the customer's use of or inability to use email or to access the Internet for email use, or the customer's reliance on or use of information services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.
  3. Radar Hill will investigate complaints regarding email and may, in its sole discretion, take action based on the rules below. If an email message is found to violate one of the policies below, or to contain unlawful material, as described in the "Webspace and Use of Material" section below, Radar Hill may take action as outlined in section A above.
  4. Radar Hill Customers may not send email in any way that may be illegal. Radar Hill recognizes that email is an informal medium; however, Customers must refrain from sending further email to a user after receiving a request to stop.
  5. Unsolicited advertising mailings, whether commercial or informational, are strictly prohibited. Radar Hill Customers may send advertising material only to addresses which have specifically requested that material.
  6. When sending email messages, customers must refrain from activities such as forging headers and sending unsolicited email (commercial or otherwise), commonly known as SPAM. Radar Hill Customers may not alter the headers of email messages to conceal their email address or to prevent others from responding to messages. Customers who send SPAM may be charged up to $1000 CDN in cleanup fees.
  7. Radar Hill Customers may not send, propagate, or reply to mailbombs. Mailbombing is defined as either emailing copies of a single message to many Customers, or sending large or multiple files or messages to a single user with malicious intent.
  8. Violations of the Radar Hill policies outlined in this document can sometimes result in massive numbers of email responses. If a Radar Hill Customer receives so much email that Radar Hill resources are affected, Radar Hill staff may block access to the customer's equipment at the router level.
  9. Email checking: Customers may choose to set their email programs to automatically check for incoming email messages (retrieve). If customers choose to do this, it is recommended that they retrieve email at a minimum of every fifteen minutes. If email is being retrieved more often than every 15 minutes, and causes excessive strain on the mail servers, then that particular email account may, at Radar Hill's transgression, be turned off or have the password changed until the problem can be corrected. In such case it is up to the customer to contact Radar Hill. Radar Hill shall not be held liable for any customer action, outcome, nor inaction resulting from this email suspension.
  10. Spam filters: The use of spam filters is at the customers own risk. Radar Hill will not be held liable for any legitimate email messages labelled as spam, or bounced as spam. Radar Hill will not be held liable for any spam of any sort that bypasses the spam filters.
  11. Webmail: Use of webmail is provided on an "as is" and "as available" basis without warranties of any kind, either expressed or implied. No advice or information given by Radar Hill or its employees shall create a warranty. Radar Hill makes no guarantee as to the readability or preview-ability of any email messages read via webmail.

Webspace and Use of Material

  1. The service is provided on an "as is" and "as available" basis without warranties of any kind, either expressed or implied. No advice or information given by Radar Hill shall create a warranty. Under no circumstances shall Radar Hill be liable for any loss, damage, liability or expense incurred or suffered which is claimed to result from use of or inability to use the service, or the customer's reliance on or use of information services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, errors, delays, defects, or any failure of performance.
  2. Materials in the public domain (e.g., images, text, and programs) may be downloaded, stored or uploaded using Radar Hill services. Customers may also re-distribute materials in the public domain. The Customer assumes all risks regarding the determination of whether the material is in the public domain.
  3. Unlawful Material: The Customer is prohibited from storing, distributing or transmitting any unlawful material through Radar Hill services. Examples of unlawful material include but are not limited to direct threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. The Customer may not post, upload or otherwise distribute copyrighted material on Radar Hill's servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject the Customer to criminal as well as civil liability, in addition to the actions outlined in section A above. The Customer may not store or distribute certain other types of material. Examples of prohibited material include, but are not limited to, programs containing viruses or Trojan horses and tools to compromise the security of other sites, tools used to collect email addresses for use in sending bulk email, or tools used to send bulk mail.
  4. Disk space: It is the customer's responsibility to ensure that their overall disk usage is within the bounds associated with their account. Periodic examination of disk space usage may generate an emailed request to remove files or upgrade to a new option with larger disk limits, in which case the customer must comply immediately.
  5. It is the customer's responsibility to maintain backup copies of anything stored in their Radar Hill account.

Website Design and Development

  1. Design: If you feel that our design proofs have no potential to develop into a satisfactory website design, Radar Hill will return your deposit and refer you to another design company without design fees or charges. Domain registrations and any approved work will be billed at our regular rate. All preliminary designs remain the property of Radar Hill Technology Inc.
  2. Priority Development: If required, we can delay other projects and pay our staff overtime to expedite the development process. This means that after the proofs are done, all requests to our office will be given the highest priority and usually done within 1 business day. With all content supplied upon approval of the design, the site can be made live in 10 business days. A double charge would apply to all billing.
  3. Development Servers: There will be a grace period of one month during which time a live server will be configured at no extra charge. The development server will be available for you to view the website on the Internet as your content is inserted. After a period of one month, full monthly maintenance fees will apply.
  4. Content and Completion: If you do not keep in regular communications with us, or wish to put the project on hold, Radar Hill will send you an invoice for work completed to date. After a period of 6 months of inactivity we will deem your project on hold and issue a work-to-date invoice, which must be paid before work on your project can resume. If you decide to abandon the project at any time, a work-to-date invoice will be issued. Once it is paid and your account is brought up-to-date, all content, logos, graphics, or any other materials supplied by you to Radar Hill, will be delivered to you on CD. In the case of database-driven websites, Radar Hill retains sole ownership of all database programming and the associated code. Radar Hill shall perform a data export, into .CSV format, and deliver this data to you on CD.
  5. Assignment of Copyright: The client retains ownership of all content, logos, graphics, or any other materials supplied by the client to Radar Hill. The client retains sole ownership of all content, designs, logo development and graphic designs contracted and paid for in full. This ownership does not extend to any restriction on the part of Radar Hill Technology to develop similar systems or systems perceived to be similar for other clients of Radar Hill. Radar Hill retains sole ownership of any content supplied by Radar Hill. Radar Hill retains sole ownership of all database programming and the associated code. In the event of cancellation, Radar Hill issues no guarantees that the code developed for a specific project will function on other servers.
    For real estate websites, Radar Hill retains sole ownership of LIMO and the listings feed. The listings data is copyright by the client's member real estate board.
  6. Changes to the Website: After the site is completed and has been functioning for some time, the client may request Radar Hill to make design or programming changes or customizations. These changes will be billable at the Radar Hill rates, in effect at that time.
  7. Browsers: We design and guarantee our websites to function in the current main version of Microsoft Internet Explorer on the current Windows operating system, and the most recent previous version of Microsoft Internet Explorer, and in the most recent stable releases of Firefox, Chrome and Safari. The Microsoft Internet Explorer is freely available and comes already installed on most computer systems around the world. Our websites will also function in most other current browsers, but all the functionality and graphic enhancements cannot be guaranteed. Websites can be developed for particular non popular browser demographics, if Radar Hill is made aware of such demographics at a client's initial consultation, including the client supplying particular usability statistics.  There is no guarrantee or warranty that a current website will display perfectly with future releases of browser software.  Radar Hill will not be held responsible for incompatibility issues that require coding adjustments.
  8. Disclaimer Of Warranty And Liability: This software is provided "as is" without representations or warranties of any kind, whether expressed or implied. You must assume the entire risk of using the software, and Radar Hill shall have no liability to you or any other third party for any damages whatsoever, including, but not limited to, any economic or data loss, even if such loss was foreseeable by Radar Hill. Any violation of the intellectual property rights of any party as a result of the use of the software is explicitly against the terms of this license, and Radar Hill disclaims any liability for the use of the software in this way as unauthorized and outside the scope of any warranty or agreement between the user and Radar Hill.

Phone Support:

Generally, simple questions of clarity and use of Radar Hill's products by Radar Hill clients are not invoiced.  A "no charge" line entry on your monthly invoice will usually be record of your support call.  Other issues can induce phone support charges at our current rates.  These include, but are not limited to:

In order to give our clients the knowledge and ability to address many of these issues without charge we regularly hold free seminars.  Our clients are encouraged to follow our blog and newsletter to find out about upcoming offerings.  In addition, we have written an extensive help section on our website: http://www.radarhill.com/help.

Domains:

  1. WHOIS: As a general practice, when we manage the registration of our customers domain name(s), we tend to put the registration in our customers name, and to put the contact details of postal address, telephone numbers and email addresses to be Radar Hill's. We do this to reduce the amount of spam our customers would otherwise receive, and to make it easier for us to administer these domain names. Customers who disagree with this and want to have all of their contact details on the public record of their domains, contact us.
  2. The service we offer to our customers and clients includes managing all aspects of their domain names, including, but not limited to, registration, renewal, management, troubleshooting, leasing, selling, and expiring. Our customers are free to fully manage all aspects of their domain names. If our customers choose to do this, contact us to make arrangements. The main contact on file will be emailed the relevant links and passwords. Note that any subsequent consultation or troubleshooting will be billed at our rates in effect at that time.
  3. Legal Requirements: We are an OpenSRS Reseller, and are therefore bound by certain obligations and requirements under the 2009 Registrar Accreditation Agreement (RAA) between the Internet Corporation For Assigned Names and Numbers (ICANN) and its accredited registrars. Here is a plain language ICANN document of registrant rights and responsibilities that currently exist: Registrants Rights and Responsibilities.
  4. Renewals: we follow the practice of opting out for domain renewals. This means that about ten days before a domain name expires, we will email the account holder a reminder, with the option to receive a discount for a longer renewal term. If we receive no response, we will renew the domain name in question, and will invoice the customer. If our customer has not paid this invoice within thirty days, and has a credit card on file with us, we will charge said credit card.
  5. Outstanding Balance: If a customer has an account outstanding with us, and has not made arrangements to to bring this account up-to-date, and if we consequently shut down the website for non-payment, we reserve the right assume total ownership of the domain name(s), and to lease or sell the domain name(s) in order to recover our costs. If we receive more money than the amount outstanding from the account, we will keep the difference. We also reserve the right to send the account to collections.
  6. Transfer: Accounts must be paid in full in order for control of a domain name and/or website to be transferred to another party.
  7. Abandoned: A customer who cancels a website must inform Radar Hill in writing about what the customer intends to do with any domain names. If no arrangements have been made with Radar Hill, the domain name(s) will be considered to have been abandoned. Radar Hill reserves the right assume total ownership of the domain name(s), and to lease or sell the domain name(s) in order to recover our costs. If we receive more money than the amount outstanding from the delinquent account, we will keep the difference. We also reserve the right to send the account to collections.
  8. Overdue Accounts: In the event of your account falling more than 90 days behind, we reserve the right to shut down your website and email, and sell or lease your domain name.

System Security

  1. The Customer is prohibited from utilizing Radar Hill services to compromise the security or tamper with system resources or accounts on computers at Radar Hill or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include but are not limited to password guessing programs, cracking tools or network probing tools.
  2. Radar Hill reserves the right to release the contact information of Customers involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. Radar Hill will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

Passwords

  1. Each Radar Hill Customer is responsible for the security of his or her password. Generally, secure passwords are between 6 and 8 characters long, contain letters of mixed case and non-letter characters, and cannot be found in whole or in part, in normal or reverse order, in any dictionary of words or names in any language.
  2. The Customer is responsible for changing his or her equipment password regularly. Each Radar Hill customer is responsible for keeping secure and confidential all passwords, and for changing these passwords if the customer feels that the security of these passwords have been compromised.
  3. A Customer with an insecure password may be directed to change the password to one which complies with the above rules.
  4. Customers who repeatedly choose insecure passwords may be assigned a password by Radar Hill.

Privacy Policies

  1. The Radar Hill Broadcast Email (bemail) subscription policy: We value you as a client and respect the security of your personal information. We do not sell or rent our broadcast email lists to third parties, ever. We only use your email address to send you information directly related to real estate transactions including virtual tours, price changes and open houses. Periodically we will also make you aware of changes to the services that we at Radar Hill offer, as well as funeral announcements for real estate agents. To ensure the best experience for you, our subscribers, if you no longer wish to receive these bemails, kindly reply to a bemail with the subject 'unsubscribe'; and you will be taken off our list.
  2. For each visitor to our websites, our web servers automatically recognize consumers' domain name and/or IP addresses.
  3. We collect the email addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, user-specific information on what pages consumers access or visit.
  4. With respect to cookies: We use cookies to store visitors preferences, record session information, such as items that consumers add to their shopping cart, record user-specific information on what pages users access or visit, customize Web page content based on visitors' browser type or other information that the visitor sends.
  5. If you do not want to receive e-mail from us in the future, please let us know by writing to us at the address on our contact page.
  6. If you supply us with your postal address on-line you will only receive the information for which you provided us your address.
  7. With respect to Ad Servers: We do not partner with or have special relationships with any ad server companies.
  8. Upon request we provide site visitors with access to all information [including proprietary information] that we maintain about them, transaction information (e.g., dates on which customers made purchases, amounts and types of purchases) that we maintain about them, communications that the consumer/visitor has directed to our site (e.g., e-mails, customer inquiries), contact information (e.g., name, address, phone number) that we maintain about them.
  9. Consumers can access this information by writing to us at the address on our contact page.
  10. Upon request we offer visitors the ability to have inaccuracies corrected in contact information. Consumers can have this information corrected by writing to us at the address on our contact page.
  11. With respect to security: We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.
  12. If you feel that this site is not following its stated information policy, you may contact us at the above addresses or phone number.

Rates

  1. For our current rates, contact us.
  2. Notwithstanding any stated rates, it is the responsibility of our customers to inquire about specific rates for work to be carried out by Radar Hill or its contractors.
  3. Rates are subject to change without notice.
  4. Rates provided in our work specifications and project plans are valid for three months from date of publication.

Payment

  1. Invoicing for the month is sent at the beginning of the month, due by the end of the month. There is a 10% discount for one-year pre-payment. In the event of non-payment after 45 days, the domain will be rendered un-viewable on the Internet until the account is paid in full.
  2. Subsequent Costs: Included in the basic Internet package is 5 GB up/down traffic. Additional traffic over and above this is billable at $12/GB. This is ample for most websites. Sites that consistently exceed the bandwidth limit may be moved to a different Internet package after consultation. All database-driven websites include 25 GB up/down traffic. Additional traffic over and above this is billable at $12/GB.

Cancellation

  1. Either the client or Radar Hill may terminate this agreement with one month's notice in writing for an account in good standing.
  2. Accounts must be paid in full in order for control of a domain name and/or website to be transferred to another party.
  3. Cancelling clients must give 30 days notice to Radar Hill for termination of services. Or in lieu of 30 days notice, they will be charged for an additional month of service.
  4. Cancelling clients must contact Radar Hill for an Agreement to Terminate Services form which must be completed, signed and sent back to Radar Hill, before the client's website can be moved or cancelled.
  5. All requests for FTP password access and any domain name changes and transfers must be done via email or fax. Details on our Contact Page.
  6. Cancelling clients need to be aware that, in transferring a website away from Radar Hill, there will be interruptions in service, which can include difficulty receiving email, loss of email, and the inability of the website to be viewed by potential visitors. This is commonly referred to as the 'DNS shakedown' and can last up to one week. We will not deliberately make a change that will lower or eliminate a search engine ranking.
  7. Projects on hold and abandonment of projects: If you do not keep in regular communications with us, or wish to put the project on hold, Radar Hill will send you an invoice for work completed to date. After a period of three months of inactivity we will deem your project on hold and issue a work-to-date invoice, which must be paid before work on your project can resume. If you decide to abandon the project at any time, a work-to-date invoice will be issued. Once it is paid and your account is brought up-to-date, all content, logos, graphics, or any other materials supplied by you to Radar Hill, will be delivered to you on CD. In the case of database-driven websites, Radar Hill retains sole ownership of all database programming and the associated code. Radar Hill shall perform a data export, into .CSV format, and deliver this data to you on CD.
  8. See Assignment of Copyright above for more details.

Disclaimer

  1. All information found on the Radar Hill website is Copyright Radar Hill Technology Group Inc. ("Radar Hill"). All Rights Reserved. No documentation or information on this website may be copied, reproduced, distributed, republished, downloaded, displayed, or transmitted in any form without the express written consent of Radar Hill.
  2. In no instance shall Radar Hill be held liable for any damages relating to this website whatsoever. In particular Radar Hill shall not be liable for direct, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue or loss of use, cost of replacement goods, loss or damage to data arising out of the use or inability to use any Radar Hill website, any Radar Hill product or service, nor any email accounts supplied by Radar Hill. This includes damages arising from use of or in reliance on the documents or information present on any Radar Hill website (including any information obtained through any links on a Radar Hill website, even if Radar Hill has been advised of the possibility of such damages).
  3. Use of the Radar Hill website, and any customers websites, is at your own risk. Radar Hill is not responsible for the accuracy of the information contained on the Radar Hill website, and any customers websites. Radar Hill reserves the right to make changes to the website at anytime without notice.

For more details or clarification: contact us.

 
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