Introduction.

• Radiant Communications, Inc. Terms of Use Policy (TUP)
• Radiant Privacy Policy

This TUP refers to all Radiant Services. However, in the event of a conflict between the terms of this TUP and a signed Radiant Services Agreement, the terms of the Radiant Services Agreement will prevail.

1) SERVICE.
Radiant will sell and Customer will purchase certain Services. Radiant Services are defined as the use by the Customer of computing, telecommunications, software, and information services 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.

a) Web Hosting Service means - Any act of serving the Customer including Shared or Dedicated Server Services being provided by Radiant, regardless of its duration and whether it's a paid service or a service for free. The Services are provided "as is" and "as available" without warranties or conditions of any kind.

b) 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.

c) Connectivity Service means connection of the customer to the Internet via a telecommunications facility, and includes Virtual Private Network (VPN) Services.

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.

a) Radiant will submit application to the Registrar as provided. It is the registrant'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 NamesBeyond.Com, you will be subject to the Terms and Conditions of that registrar, or other registries as applicable.

4) TRAFFIC RESTRICTIONS.
For nearly all of our business customers, there will be no practical limit on the amount of traffic through either your DSL connection or to and from your website. (Among our thousands of business customers, over 99% currently use less than 2GB of traffic per month.) For the 1% of our customers who have heavy traffic requirements, you will be charged for excess traffic above certain limits:

For all hosting customers, excess traffic charges will apply above 10GB per month.

For Small Business Solutions customers, the traffic limits are as follows:
• For 1.5M DSL connections, the limit is 10GB per month
• For 2.5M DSL connections, the limit is 15GB per month
• For DSL connections over 3.0M, the limit is 20GB per month

For DSL Connectivity only customer, the traffic limits are as follows:
• For 1.5M DSL connections, the limit is 2GB per month
• For 2.5M DSL connections, the limit is 5GB per month
• For DSL connections over 3.0M, the limit is 10GB per month

Customers, who exceed their allotted traffic limit, will be charged $15.00* per GB of excess traffic, or the rate agreed to in their Radiant Services Agreement.

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

5) TERMINATION.

a) For Cause. Either party may terminate the 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 6 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 the TUP (www.radiant.net) or available from Radiant at Customer's request.

b) For Convenience. Customer may terminate their Services at any time for convenience after giving Radiant written notice 14 days before the following payment period. In the event of such termination, Customer forfeits all prepaid fees.

6) 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
• Unsolicited commercial email (spamming) and/or unsolicited bulk 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
• 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, Worm, or Trojan Horse
• Giving false information to obtain access to the Company's system and/or purchase any service.

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 e-mail 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 systems' security, or to hamper the normal functioning of systems. (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 a 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 for their own purposes.

e-Mail SMTP Acceptable Use

• Using any facet of the Radiant network for unsolicited e-mailings (SPAM) is prohibited
• Maintaining an open SMTP relay is prohibited
• No more than 100 individual e-mail transmissions per day may be sent from any one POP account and/or Radiant IP address using a shared Radiant SMTP server.

Depending on the nature and the severity of the abuse, the user may receive an E-mail 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 re connection 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 conditions of use. You are expected to report to Radiant any information you may have concerning instances in which the conditions of use 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.

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

a) incidental, indirect, special or consequential damages or,

b) 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 not 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.

GENERAL

Radiant considers the privacy of its clients to be of utmost importance and works to protect it.

The purpose of this privacy policy is to inform you, as a visitor to our website

• what kinds of information we may gather about you
• how we may use that information
• whether we disclose it to anyone, and
• the choices you have regarding our use of, and your ability to correct, the information

Radiant requests that you read this Privacy Policy carefully. Radiant's policies and procedures for handling customer information have been created with the understanding that Internet technologies are still evolving and that Internet business methods are continuing to evolve to meet the needs and opportunities of the changing technologies. As a result, Radiant's policies and procedures are subject to change.

TYPES OF INFORMATION

• In the course of serving its customers, Radiant acquires, stores and transmits customer communications and information that customers may regard as private or sensitive.
• Some of this information - such as the customer's name, address, telephone number, and credit card data - is provided to Radiant by its customers in order to establish service.
• Other information - such as the customer's account status, choice of services, and customer logs - is created and maintained by Radiant in the normal course of providing service.
• In addition, Radiant may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.

Personal Information

• Any information that personally identifies you or allows us to contact you.
• It includes, without limitation, your full name, your e-mail address, your home address, or your telephone number.
• This information is ordinarily used to individualize your experience on our website, communicate separately with you, facilitate your movements throughout our website, and to be able to selectively send you communications that may be of interest to you, either electronically or otherwise.
• Generally, you can visit our website without revealing any Personal Information about yourself.
• The personal information collected from Customers during the registration process is used to manage each Customer's account (such as for billing purposes).
• This information is not shared with third parties, unless specifically stated otherwise or in special circumstances.

Aggregate Information

• We collect certain Aggregate information, such as tracking the Internet address of the domains from which you visit our site and analyzing this data for trends and statistics, tracking your IP address (the number that is automatically assigned to your computer when you are using the Web), and tracking your browser type.
• We use this Aggregate information to help diagnose problems with our servers, to administer our site, and to gather broad demographic information.
• None of this information is connected with your Personal Information.
• Radiant may also generate nonidentifying and aggregate profiles from personal information Members provide during registration (such as the total number, but not the names, of Customers).

Use of IP Addresses

• An IP address is a number that is automatically assigned to your computer whenever you're surfing the Internet.
• Web servers automatically identify your computer by its IP address.
• Radiant and/or its affiliates may collect IP addresses for the purposes of system administration, to report aggregated information to our advertisers, and to audit the use of our website.
• When Customers request pages from our website, our servers log the requesting Customers' IP addresses.
• We normally will not link IP addresses to anything personally identifiable, which means that Customers' sessions will be logged, but Customer identity remains anonymous to us.
• We can and will use IP addresses to identify a Customer when we feel it is necessary to enforce compliance with our rules or terms of service or to protect our service, website, or any person, or where it is otherwise permitted by law.

Responses to e-Mail Inquiries

• When Visitors or Customers send e-mail inquiries to Radiant, the return e-mail address is used to answer the e-mail inquiry we receive. Radiant does not use the return e-mail address for any other purpose and does not share the return e-mail address with any third party.

V oluntary Customer Surveys

• We may periodically conduct both business and individual customer surveys.
• We encourage our customers to participate in these surveys because they provide us with important information that helps us to improve the types of services we offer and how we provide them to you.
• Your personal information and responses will remain strictly confidential, even if the survey is conducted by a third party.
• Participation in our customer surveys is voluntary.

"Cookies" and How Radiant Uses Them

• A "cookie" is a small data file that can be placed on your hard drive when you visit certain websites.
• Radiant may use cookies to collect, store, and sometimes track information for statistical purposes to improve the products and services we provide and to manage our telecommunications networks.
• These cookies do not enable third parties to access any of your customer information.
• Most browsers are initially set up to accept cookies. If you'd prefer, you can set yours to refuse cookies or to alert you when cookies are being sent. However, it is possible that some parts of the site will not function if you do so.
• Advertisers and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.

Links to Other Sites

• Radiant is not responsible for the content or the privacy policies of websites to which it may link and our privacy policy does not apply to websites to which we may link.
• These other sites may send their own cookies to users, collect data, or solicit personal information. These other sites are not subject to the Radiant privacy policy and Radiant is not responsible for the privacy policies for these other sites, nor for the use of any information that these sites may collect.
• Please keep in mind that whenever you give out Information online (for example, via message boards or chat lines), that Information can be collected and used by people you don't know.
• While Radiant and its affiliates strive to protect their Customers' Information and privacy, we cannot guarantee the security of any Information you disclose online and so you disclose such Information at your own risk.

DATA SECURITY

• Radiant is committed to taking reasonable measures to protect your Personal Information from theft, misuse and alteration.
• Although Radiant's security efforts are consistent with industry practices, complete privacy, confidentiality, and security are not yet possible over the Internet.
• Although Radiant's security efforts are consistent with industry practices, complete privacy, confidentiality, and security are not yet possible over the Internet.
• Therefore, the Customer agrees that Radiant shall not be responsible or liable for any damage that the Customer, or any other person, may suffer in connection with the communication of private, confidential, or sensitive information using Radiant's services.
• While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining the Customer's information.

Use of Information

• Radiant does not make any client data available to third parties.
• We do not sell lists, accept advertising, or generate any third-party revenue from the data that is generated on this site.
• We do not share data from any client with other clients.
• We take the information we receive from individuals responding to our Customer Surveys and combine (or aggregate) it with the responses of other Radiant customers to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products.
• This aggregated, non-personally identifying information may be shared with third parties.
• However, Radiant may disclose personal information about Visitors or Members, or information regarding your use of the Services or websites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies; to operate the Services properly; or to protect Radiant and our Members.
• Radiant may disclose or access account Information for administrative and other purposes that we deem necessary to maintain, service, and improve our products and services.
• Radiant disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. Radiant will, however, review, delete or block access to communications that may harm Radiant, its customers or third parties. The grounds on which Radiant may take such action include, but are not limited to, actual or potential violations of Radiant's Acceptable Use Policy.

Modifications

• Customers may not opt out of receiving information from Radiant which is essential for maintaining or updating customers' accounts or system information.
• Customers may access and modify their personal information by using the Account Administration Control Panel.
• Domain name Customers who have registered a domain name with Radiant and wish to change the Technical Contact from Radiant to another company, may send a request to webmaster@Radiant.net. It is important to note that Customer domain name registration information is made publicly available in the registry of domain names.

Where to Direct Questions About Radiant's Privacy Policy?
If you have any questions about this Privacy Policy or the practices described herein, you may contact:
Customer Service
Radiant Communications, Inc.
Suite 1660
885 W. Georgia St.
Vancouver, BC
Canada V6C 3E8
customercare@Radiant.net

Revisions to This Policy

• Radiant reserves the right to revise, amend, or modify this policy, our Internet Service Agreement and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service Agreement.

Radiant's Commitment to Children's Privacy

• Protecting children's privacy is especially important to us. It is our policy to comply with the Children's Online Privacy Protection Act of 1998 and all other applicable laws.
• Radiant recommends that children ask a parent for permission before sending personal information to Radiant, or to anyone else online.