This document applies to services performed by Harness Media LLC
Initial setup of your account and installation of software required for Harness Media LLC (hereinafter referred to as, “Harness Media”) to perform services may take up to 5 to 7 days from the time you make payment, but we strive to achieve this within 3 days.
Harness Media provides services on a pay-as-you-go basis. If at any time you allow your account to lapse, services provided by Harness Media will stop immediately.
Harness Media requires full administrator access to your WordPress site(s), hosting account (web server) and/or any other related accounts that require us to perform our services. Harness Media makes every effort to protect your data, but cannot be held liable for loss associated with unauthorized access to said accounts. In the event you change your password(s), you must notify us as soon as possible in order to avoid service interruptions.
Harness Media cannot be liable for interruption of services, damage to equipment or data loss caused by hardware or service failures.
Harness Media uses various third-party plugins and utilities to provide its services to you. Harness Media will not be held liable for interruptions to said services and inability to use said third-party plugins and utilities for whatever reason. You may not alter the settings of these plugins for any reason. Doing so may cause problems and/or interruption of the services provided to you by Harness Media. In the event you alter said settings and it causes increased workload for Harness Media, you may be charged for the additional time incurred at Harness Media’s current hourly rate in order to return the settings back to Harness Media’s defaults. Harness Media will not provide partial or full refunds as a result of third-party service interruptions or setting alterations made by anyone except those authorized by Harness Media.
Harness Media provides off-site backup services in some of its plans. The cost of our service plans are determined by what is considered typical for an average website in terms of disk space used. If your website uses excessive disk space, Harness Media will bring it to your attention immediately upon discovery and provide you with the option to pay additional fees to continue backup service or you can elect to continue Harness Media services without backup.
Harness Media will delete all off-site backups and third-party services will stop immediately upon cancellation or expiration of your Harness Media account.
Harness Media reserves the right to refuse or cancel service to anyone at any time, without warning and without reason.
Harness Media highly recommends that you use a child theme. Using the main (“parent”) theme on your website means that updates to that theme will likely return your website back to the default settings. Harness Media will not be held responsible for data lost as a result of a theme update where you haven’t utilized a child theme properly.
Harness Media cannot guarantee that caching and compression services provided will enhance your website’s performance. In most cases, performance increases should be significant but cannot be guaranteed.
Harness Media cannot guarantee that security enhancement services provided will fully secure your website. Harness Media will use its best knowledge of practicable and reasonable security practices to assist in the deterrence of security breaches, but no guarantee can be made as to full, impenetrable security. Further, Harness Media cannot guarantee that malware scans will find any or all malware that might exist on your website or web server. Harness Media will report to you the discovery of any malware found but removal of said malware may require additional fees, depending on severity.
Harness Media cannot guarantee that any particular premium plugin, theme or other software will be available at any given time now or in the future, as Harness Media may elect at any time to allow certain developer licenses to expire. In most cases, premium software that is already installed on your website may remain installed even after the license expires, but it may not be eligible for updates or support from the developer.
Web Hosting Terms of Service
If web hosting services are a part of your Harness Media purchase, you must agree to the below terms of service before you can create your Harness Media Web Hosting account.
Our terms of service (TOS) are designed to provide to our customers a clear and transparent understanding of what we expect of them while they are using our service(s). The use of Harness Media service(s) represents your acceptance and agreement to Harness Media’s (TOS), regardless of whether you have read them or not.
We accept your use of our service(s); therefore, we do not actively monitor your accounts activity under normal conditions. Furthermore, we do not implement editorial control over the content of any Web site. This includes e-mail sending, newsgroup or other material created or available over or through the services, except for certain proprietary Web sites. However, in accordance with our (TOS), we hold full authority to remove any materials that, in our individual judgment, may be illegal, may subject us to liability or which may violate our (TOS). Harness Media reserves the right to oblige with legal establishment and/or third parties in the examination of any suspected or alleged crime or civil wrongdoing. Violation of our (TOS) may result in the suspension or immediate termination of your Harness Media Hosting account and/or services.
We do not routinely monitor the activity of accounts except for measurements of system exploitation, possible security or fraud risks and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet society, we will respond appropriately if we become aware of improper use of our service.
If a Harness Media Web Hosting account is used to violate our (TOS) we reserve the right to cease your service without notice. We prefer to advise customers of inapt activities and any necessary corrective action. However, blatant violations of the (TOS) will result in instantaneous termination of service. Our failure to implement this policy, for whatever reason, shall not be interpreted as a waiver of our right to do so at any time.
As a member of our hosting community, you must use your hosting account access ethically and responsibly.
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. All new orders are usually activated within 24 hours. If you have not been activated within this time frame, please click here to contact our billing department.
All services provided by Harness Media Web Hosting may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene. The customer agrees to indemnify and hold harmless Harness Media from any claims resulting from the use of our services.
Examples of Totally Unacceptable material:
MP3’s (unless You are the Artist).
Password sharing sites.
Sites that run any type of proxy script.
Hacked programs and archives.
2.1) Distribution of Malicious Code:
Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data and/or computer systems are prohibited. Examples of this are computer viruses, Trojan-horse programs and Internet-based worms. Such an offense will result in the immediate termination of the offending account.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. It is not permitted to use of the Harness Media to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources and the unauthorized transmittal of copyrighted software.
2.3) File Hosting
File hosting and file storage of any type is strictly prohibited on any and all servers within the Harness Media Web Hosting network. You MAY NOT use your Harness Media account as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you cannot have downloads on your site. This means you cannot operate a site that specializes in downloads like Download.com or similar and you may not use your Harness Media account as storage repository for MP3, games, video, audio or music files. Your account may not exceed 10% of used space in MP3, games, video, audio or music files.
2.4) Adult Sites
Due to various legal and moral implications. Harness Media does not permit sexually explicit material on any of its servers.
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double Opt-in” will be treated as spam. Any user who sends out spam will have their account terminated without notice.
Harness Media Web Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Harness Media also reserves the right to make any such modifications in an emergency at our sole discretion.
Harness Media reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee. This cost of the cleanup fee is left entirely to the discretion of Harness Media.
Bulk Email / Mass Email scripts of any type are not permitted on any Harness Media server.
3.1) Usenet Spamming
Harness Media Web Hosting has a zero tolerance policy for the use of its servers for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
You agree to supply appropriate payment for the services received from Harness Media Web Hosting, in advance of the time period during which such services are provided. You agree that until and unless you notify Harness Media of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Your use of the Harness Media Web Hosting service is at your sole risk. Harness Media is not responsible for any and all files and data residing on your account on our servers. Harness Media does not maintain backup copies of customers’ web sites or e-mail. Harness Media cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a web site will always be available. You agree to take full and sole responsibility for any and all files and data transferred to our servers and to maintain all appropriate backups of any any and all files and data stored on any Harness Media server to which you have an account on.
5.1) Termination of Data and Customer Privacy
For your privacy, all data and files from terminated and canceled accounts are immediately deleted and purged from our servers. This includes any and all backups. Please make sure to back up all your files and data before canceling your Harness Media account.
5.2) Emergencies and Special Situations
We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our network, infrastructure and customers, including but not limited to actions requiring us to deactivate web sites, shut down our network, or review the content on web sites to evaluate the reason for perceived behaviors. In rare instances, we may need to completely delete a web site or account because of some significant failure, security breach or other emergency. In such cases, we do our best to backup a deleted web site, but we cannot ever guarantee a full restore of a web site.
5.3) Account Security
Misuse of your account is your sole responsibility, even if your friends, family member, guest, or employee committed the activity. Henceforth, you must take actions to ensure that others do not gain access, which you do not approve of, to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure. We are not responsible for ANY misuse of your account due to the authorized or unauthorized distribution of your password.
Sharing your password and account access with unauthorized users is prohibited. You should take precautions to prevent others from using your account since you will be held responsible for such use.
Attempting to obtain another user’s account password is strictly prohibited and may result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
Users who violate systems or network security may incur unlawful or civil liability. Harness Media will oblige fully with examinations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Harness Media does not have a refund policy and does not offer a money back guarantee of any type. all sales are considered final. We do not prorate any part of our billing fees for any unused time.
You may cancel your Harness Media account at any time you desire. If you joined with PayPal, please login to your PayPal account and cancel your subscription agreement. Alternatively, Click Here to submit a cancellation request to our customer support help desk.
If you cancel your Harness Media account, you are entitled to keep the domain that we have registered for you on your behalf. We will also transfer it to any web hosting company or domain registrar of your choice completely free of charge.
If you joined Harness Media via the yearly payment option and you cancel before the year has expired, your Harness Media account will remain active until exactly 365 days have passed from the date of your last yearly Payment. After which it will be terminated unless you renew your billing before the 365 days has expired.
If you joined Harness Media via the monthly payment option, your account will be terminated 30 days after your last payment was received by Harness Media.
Harness Media will treat all files and data of terminated accounts exactly as outlined in the above clause 5.1.
6.1) Cancellation for lack of payment
Any account that has unpaid invoices that are more than 3 days outstanding may be terminated at any time without notice. Before Harness Media will terminate any account for lack of payment. Harness Media will send no less than 2 payment request emails to the account holder. Harness Media will treat all files and data of terminated accounts exactly as outlined in the above clause 5.1.
Harness Media reserves the right to refuse service at its discretion. Harness Media will treat all files and data of terminated accounts exactly as outlined in the above clause 5.1.
Users may not initiate the following:
a) Use 5% or more of system resources (This included CPU and memory) There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. If this clause is breached, it will trigger an auto kill failsafe mechanism on the server which will auto suspend the violating account.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are permitted.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Offer services to third parties that are run off of Harness Media’s servers.
f) Run any gaming servers or games scripts for single or multi-player games.
g) Run an email server offering free or paid email accounts to the general public. Example: Hotmail, Yahoo Mail, Gmail, etc.
H) Operate a online radio and or movie service that uses our servers.
11.1) Shared Web Hosting
Harness Media’s standard web hosting offer (permits) you to host unlimited domain names under a single account with a single control panel.
This means that your account has one master domain name and all additional domain names are considered add-on domains. All your domain names must be administered from a single control panel. Only one control panel is allowed per account.
You are not permitted to…
a) Resell web hosting space. (This is not a reseller account)
b) Create accounts for third parties. All domain names that are in your control panel must be under your direct control and administration. You are not permitted to create accounts for third parties on your account.
c) Have multiple control panels (CPanel’s) or (WHM) Web Hosting Manager on a standard account.
11.2) Reseller Hosting: Client Responsibility
Resellers are responsible for supporting their clients. Harness Media does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. Harness Media will hold any reseller responsible for any of their clients’ actions that violate the law or the terms of service.
11.3) Customer Knowledge & Responsibilities
Use of Harness Media’s web hosting services requires a certain level of knowledge in the use of certain internet languages, slang, jargon, terminology, protocols, software, ETC… The level of knowledge customer required to have varies greatly and depends on the customers anticipated use and desired content and functionality of his/her website. The customer agrees that he/she has the necessary knowledge to create his/her website with the desired content, look and functionality. The customer agrees that it is not the responsibility of Harness Media to provide this knowledge or to create, design, program or help in the designing, creation, programming or publishing of the customers’ website.
11.4) SSH, Root and Shell Access
We do not permit Shell, Telnet, SSH or root access to any of our servers.
We reserve the right to change prices listed on Harness Media, and the right to increase the amount of resources given to plans at any time.
12.1) Auto Rebilling
For your convenience your Harness Media account will auto rebill on a monthly, annually or tri-annual basis, (depending on which billing package you have selected at time of purchase). If you do not want your account to auto rebill, you must notify us at least 2 calendar days (48 hours) before the date that the re-billing is due to take place. Failure on your part to notify us of your desire not to be rebilled, will result in your account being rebilled and you agree to hold harmless and indemnify Harness Media from any and all claims of wrongful billing.
13a) Customer agrees that it shall defend, indemnify, save and hold Harness Media harmless from any and all demands, liabilities, losses, costs and claims, including any and all attorney’s fees asserted against Harness Media, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Harness Media against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Harness Media; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from a Harness Media server.
13b) IF LAWSUIT(S) ARE THREATENED AGAINST Harness Media. If we are sued or threatened with lawsuit in connection with Service(s) provided to you, we may turn to you to indemnify us and to hold us harmless from the claims and expenses (including attorney’s fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate our services for a failure to make or renew such a deposit. We will return any unused deposit upon the later of one year from deposit or the conclusion of the matter.
Harness Media will not be responsible for any damages your business may suffer. Harness Media makes no warranties of any kind, expressed or implied for services we provide. Harness Media disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, hardware and software failures, hacking, sabotage, terrorist attacks, wrong delivery, Force Majore and any and all service interruptions caused by Harness Media and its employees.
Harness Media reserves the right to revise, alter and update the above (TOS) without notice at any time at its sole discretion and can apply any and all changes and updates retroactively.