Terms of Service
The PressHarbor web hosting service is owned and operated by Rackshare LLC. This agreement and all other agreements and policies incorporated by reference (together the “Agreement”) is entered into between Rackshare LLC (“RACKSHARE,” “we” or “us”) and the person or entity purchasing or using our services (“customer,” “you” or “your”).
Please read this Agreement carefully before using this Service. By using our Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then do not use this Service. If these terms and conditions are considered an offer by RACKSHARE, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 18 years old.
- Your PressHarbor.com Account and Site. If you purchase or use a web hosting account (“Account”) on the Service, you are responsible for maintaining the security of your Account, and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with the Account. You must immediately notify RACKSHARE of any unauthorized uses of your Account or any other breaches of security. RACKSHARE will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Purpose of the Service.
- The Service was designed and built for you to use WordPress software to create a “Website” or “Websites”. The Service was not created to serve any other hosting needs, such as file hosting or usage of other content management systems, and as such usage of the Service for any other purpose except to use the WordPress software to publish content is expressly prohibited.
- We install WordPress when your Website is created and upgrade all Accounts simultaneously to the most recent version of WordPress when we are confident that it is safe and prudent to do so. We do not allow any customers to maintain their own customized version of WordPress (changes to “core” WordPress files) nor do we provide any means by which you may continue to use a previous version of WordPress. We will provide at least 24 hours advance notice of an impending major upgrade (for example when upgrading from WordPress 3.0 to 3.1) but may upgrade to minor point versions without notice (for example from 3.0 to 3.0.1).
- It is your responsibility and duty to maintain and upgrade your Plugins and Themes, not only to ensure compatibility with continual WordPress upgrades but for security purposes as well. We do not upgrade Plugins and Themes for you nor does our WordPress upgrade in turn upgrade your Plugins and Themes. Any incompatibilities between WordPress itself and your Plugins and Themes are your responsibility.
- Not all Plugins and Themes are created equal; some are poorly designed or coded and can result in excessive use of our system resources. We reserve the right to disable or delete without notice Plugins or Themes which adversely impact our Service.
- We do not at this time support the use of the WordPress Multisite feature introduced in WordPress 3.0 in our standard hosting packages. Please contact us if you are interested in using WordPress Multisite on a VPS or dedicated server.
- Usage Restrictions and Prohibited Uses.
- Our Service is subject to capacity controls and CPU usage restrictions. If your use of the server, bandwidth or memory exceeds that of a similarly situated customer, this Agreement may be terminated by us, or your Account may be suspended until you mitigate your excess use of our resources.
- You may not run background or other processes that consume excess resources. This Agreement may be terminated by us, or your Account may be suspended, until you remove the program running the background processes.
- We require that you use caching systems such as WP Super Cache or W3 Total Cache in order to protect your Account from using an excessive amount of resources and negatively impacting other users of the Service. WP Super Cache is pre-installed and pre-configured on all Accounts. Failure to use such caching systems may result in termination of your Account.
You must comply with the CAN-SPAM law regarding Unsolicited Commercial email. If you are unsure of the provisions of this law, please read this: http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm.
You are also required to send email in a way that respects the stability of our network, and allows other customers to use the Service. If we determine that your use of email negatively impacts our network or our other customers, we may suspend your account until such time as you have agreed to modify your usage of the Service. While your account is suspended, Fees will continue to accrue.
- Responsibility of Contributors. If you operate an Account and make (or allow any third party to make) material available by means of the Service (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory ( more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your Website or Account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your Website or Account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by RACKSHARE or otherwise.
By submitting Content to RACKSHARE for inclusion on your Account, you grant RACKSHARE a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site. If you delete Content, RACKSHARE will use reasonable efforts to remove it from the service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, RACKSHARE has the right (though not the obligation) to, in RACKSHARE’s sole discretion (i) refuse or remove any content that, in RACKSHARE’s reasonable opinion, violates any RACKSHARE policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in RACKSHARE’s sole discretion. RACKSHARE will have no obligation to provide a refund of any amounts previously paid.
- Fees and Payment.
By purchasing the Service you agree to pay RACKSHARE the monthly, quarterly, semi-annual, annual, biennial, or triennial subscription fees indicated for that Service. Payments will be charged on the day you sign up for the Service and will cover the use of that Service for a monthly, quarterly, semi-annual, annual, biennial, or triennial period as chosen by you at purchase time. Service fees are refundable only under certain conditions as described below.
RACKSHARE reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on 30 days written notice to RACKSHARE.
- Money Back Guarantee & Refund Policy.
- Domain Registration fees are non-refundable.
- Some Services carry a Setup Fee charged by RACKSHARE, which must be paid by you in order to have use of the Service. Setup Fees are non-refundable.
- We offer a 30 day Money back guarantee for all new Accounts. If you try our Service and cancel it at any time within the first month, all fees will be refunded to you minus any Domain Registration fees.
- If you have pre-paid RACKSHARE for the Service for a term longer than one month and wish to cancel your service, refunds will be issued for any unused full month of the services, upon your request. Therefore, if you cancel your Account at any point during a one-year term for which you have pre-paid, you will be entitled to a refund for the months remaining (minus any Domain Registration fees) after giving notice by the 20th day of the preceding month. Refunds will be pro-rated based on the Monthly fee.
- We DO NOT refund partial monthly fees.
- Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.
- Service Uptime Guarantee. Although RACKSHARE for the past 10+ years has an excellent record for offering reliable web hosting services, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.
- Support. The Service include access to email support and our online support ticketing system. “Email support” means the ability to make requests for technical support assistance through our Help Desk system at any time (with reasonable efforts by RACKSHARE to respond within one business day) concerning the use of the Service. All support will be provided in accordance with RACKSHARE standard practices, procedures and policies.
- Responsibility of Website Visitors. Rackshare LLC has not reviewed, and cannot review, all of the material, including computer software, posted to Websites operated by users of its Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, RACKSHARE does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our users’ Websites may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our users’ Websites may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. RACKSHARE disclaims any responsibility for any harm resulting from the use by visitors of our users’ Websites, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which PressHarbor.com links, and that link to PressHarbor.com. Rackshare LLC does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, RACKSHARE does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. RACKSHARE disclaims any responsibility for any harm resulting from your use of other websites and webpages.
- Copyright Infringement and DMCA Policy. As RACKSHARE asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by users of our Service violates your copyright, you are encouraged to notify us in accordance with our Digital Millennium Copyright Act (“DMCA”) Policy. RACKSHARE will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of RACKSHARE or others, RACKSHARE may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, RACKSHARE will have no obligation to provide a refund of any amounts previously paid to Rackshare LLC.
- Intellectual Property. This Agreement does not transfer from RACKSHARE to you any RACKSHARE or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with RACKSHARE. RACKSHARE, PressHarbor.com, the PressHarbor.com logo, and all other trademarks, service marks, graphics and logos used in connection with PressHarbor.com, or the Service are trademarks or registered trademarks of RACKSHARE or Rackshare LLC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any RACKSHARE or third-party trademarks.
- Changes. RACKSHARE reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. RACKSHARE may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. RACKSHARE reserves the right to refuse, cancel or suspend your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Account you may cancel your Account at any time. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Service is provided “as is”. RACKSHARE and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither RACKSHARE nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
- Limitation of Liability. In no event will RACKSHARE, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to RACKSHARE under this agreement during the one (1) month period prior to the cause of action. RACKSHARE shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless RACKSHARE, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between RACKSHARE and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of RACKSHARE, or by the posting by RACKSHARE of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New Jersey, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Morris County, New Jersey. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; RACKSHARE may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.