Terms of Service
Updated on June 28, 2020
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://harnessmywebsite.com website (the “Service”) operated by Harness Media LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.
Harness Media LLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Harness Media LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at email@example.com
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Harness Media LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Harness Media LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Harness Media LLC
Harness Media LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Harness Media LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Harness Media LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Harness Media LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Harness Media LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Oregon, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
Terms of Service for Services Rendered
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.
Terms of Service for Website Care Services
With the launch of your new WordPress website comes the responsibilities of being a WordPress website owner. WordPress and all associated plugins are software and all software has updates, security patches, new feature rollouts, and changes that will affect your website.
You are hiring us to provide technical support for your WordPress site on an ongoing basis for the monthly or annual price as outlined in this agreement. Of course it’s a little more complicated, but we’ll get to that.
We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong or things change during the project.
In this agreement you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into agreeing with something that you might later regret. What we do want, is what’s best for both of us, now and in the future.
What Is Included
This Website Care Plan Agreement covers the technical care of your website, keeping it running just as smoothly as the day we complete it, and the management and support of the website as it is built.
Included in the Website Care Plan is:
- Technical services performed on a monthly basis, including updates to WordPress and plugins, configuration adjustments, security updates, site backups, and spam management.
- Google Analytics and Search Console issues managed when needed.
- Basic support using our online support ticket system — Reach out if you have questions or need help.
- If your selected Website Care Plan includes Service Time, you must request content updates for your website via our online support ticket system.
- A guaranteed response time within 48 hours. Depending upon the requirements of your request, it may take longer than 48 hours to complete them, but we will provide a courtesy response within 48 hours.
- Discounted hourly rate of $95/hour for your future projects, additions, and changes (normal rate is $125/hour).
- New projects receive higher priority-level and a bump to the front of the line.
What Is Not Included
This agreement does not cover new projects or features, additional services, or new development needs that arise as a result of future updates to WordPress, plugins, or other third-party systems.
We do not provide support or content update services via direct email or by phone. If you have any problems with your site, please submit a support ticket right away so we can work with you to get to the root of the problem, identify the best solution, and fix the issue, point you in the right direction, or provide an estimate for new services needed. We use a support ticket system because it helps us track requests, respond to the them in a timely manner, and avoids the spam hassles that email services tend to experience.
You will receive an invoice on the first of each month that covers website care and technical support for the following month. Payment is net 14 days. We accept payment by check or credit card.
You may cancel your monthly website support at any time by providing us notice in writing 30 days in advance. You may cancel services at any time when support matching payments made have been delivered by providing notice in writing 30 days in advance.
YOU: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You agree to stick to the payment terms outlined in this agreement.
US: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We promise to approach support in a collaborative, supportive, educational environment as a partner focused on your online success.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of the State of Oregon, Marion County courts.
By purchasing and using our services, you agree fully to the outlined scope of work, budget, and all terms and conditions.
Terms of Service for Web Hosting Services
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.