The agreement that governs services, payment, uptime, support, and account obligations.

SiteHarbour, operated by NOVUS ANALYTICS PRIVATE LIMITED, welcomes you as a valued customer. These Terms of Service govern your access to and use of SiteHarbour services as described in your accepted Order Form.

Your agreement with SiteHarbour is effective on the date we accept your Order Form (the "Effective Date") and continues for the initial term specified in that Order Form.

Your complete agreement with SiteHarbour consists of multiple integrated documents: these Terms of Service, your Order Form, the Acceptable Use Policy, the Privacy Policy, and the Service Level Agreement. All parties must review and understand each component.

Subject to your compliance with all terms of this Agreement, we grant you a nonexclusive, nontransferable, non-sublicensable, and revocable right to use and access the Services and to use them to offer products or services to your own customers.

Services are delivered according to specifications on the Product Page effective on the Effective Date. We reserve the right to make non-material changes to Services during your term and may substitute Third Party Products with products offering substantially similar functionality.

You agree to pay all Fees listed on your Order Form throughout your service term. You are solely responsible for payment, and Fees are non-refundable except where expressly stated in a separate written guarantee.

Applicable taxes may be added to your Fees (except taxes based on our income). If Services include third-party products or services, you agree to pay those provider fees. Such third-party fees are non-refundable and not covered by any guarantee.

Failure to pay valid Fees by the due date may result in immediate suspension or termination of your Services. Suspension may result in permanent loss of your data or services (such as domain names). We are not liable for losses resulting from non-payment.

If your account is suspended due to non-payment, a $50.00 reinstatement fee applies. Undisputed overdue amounts accrue interest at 1.5% per month or the highest legal rate, whichever is lower. You agree to pay our reasonable collection costs, including attorney fees.

Chargebacks result in automatic suspension or termination of all Services.

Any billing disputes must be raised in writing before the Fee is due, with sufficient detail for investigation. We will investigate within 30 days and either credit your account or provide written explanation. You have 15 days to respond with additional discussion. Our final decision is binding.

For Linux Shared and WordPress Hosting Services only, you may terminate the Service within 7 days of the Effective Date without penalty if dissatisfied.

The Guarantee does not apply to Third Party Products (such as domain registrations, cPanel, or Plesk licenses), setup fees, discounts, or promotional pricing. Setup Fees are non-refundable.

If you terminate for reasons other than our material breach, or if we terminate due to your Acceptable Use Policy violation, no refund applies.

We commit to 99.9% monthly uptime for Services under our control.

If uptime falls below this target, we provide the following monthly service credits against future Fees:

• Uptime 97%–99%: 1 day service credit
• Uptime 95%–96.99%: 2 days service credit
• Uptime 90%–94.99%: 5 days service credit
• Uptime below 90%: Contact us for resolution

SLA credits are applied as offsets against future Fees only and cannot exceed your total monthly Fees. Credits cannot be carried forward, combined, traded, transferred, or sold.

The SLA does not apply to downtime caused by your actions, third-party issues, upstream bandwidth failures, or force majeure events.

SLA credits are your exclusive remedy for service failures.

Services are delivered as described on our Product Pages at the time of your Order Form acceptance. We may make minor, non-material changes during your term that do not significantly affect your use. Substantial changes apply only upon renewal.

Our Services are designed for users with experience using Internet infrastructure. You confirm you have the knowledge to use the Services without requiring general support. Support is limited to Service functionality issues as described in the Product Description.

Data and information you upload must be server-ready. We are not obligated to manipulate, validate, or prepare your data. If we assist with server readiness, we charge our standard hourly rate. We reserve the right to reject material at any time.

If hands-on labor is required due to your error, you agree to pay our hourly charges or third-party provider charges, which are added to your Fees.

You authorize us to investigate your use of Services and End User activity to ensure compliance with this Agreement and applicable law. You agree to cooperate at your expense. Investigation costs are your responsibility and may be debited from your payment method.

You agree to cooperate reasonably with third-party audits of our Services, including providing relevant license copies.

You must not use Services where failure could cause death, serious bodily injury, or physical/environmental damage (e.g., aircraft, nuclear facilities, Class III medical devices).

You must provide accurate information during Order. We rely on this information and are not liable for interruptions due to inaccurate data. The account holder in our records is considered the account owner.

Services are not available to individuals under 18 or residents of Iran, Syria, North Korea, Sudan, or Cuba.

We will terminate without penalty only if Product Descriptions are significantly inaccurate.

Services may include usage limits outlined in Product Descriptions. Exceeding limits may trigger restrictions and additional Fees.

You are responsible for equipment necessary to access Services. We do not guarantee equipment compatibility or uninterrupted Internet access.

Your initial service term is specified in the Order Form (or one year if not specified). Terms automatically renew for periods equal to the initial term length unless cancelled.

You may terminate any time before term end by written notice. We will acknowledge within 5 business days. Failure to acknowledge means non-termination. Early termination requires payment of all remaining Fees for that Term.

You may provide non-renewal notice at least 30 days before term end, acknowledged as described here. Services terminate as specified in your notice.

Either party may terminate for material breach by providing written notice with sufficient detail for the breaching party to cure and allowing 2 days to begin cure. If cure does not begin within 2 days, affected Services terminate.

If we notify you of an Acceptable Use Policy violation and you fail to cure within the specified period, we may terminate affected Services or your entire Agreement. You remain liable for outstanding Fees through termination, including remaining Term Fees.

Upon suspension for AUP violation, a reinstatement fee may apply as outlined in Section 2.

Upon termination, all licenses granted terminate. You are responsible for smooth transition (email migration, DNS changes) before termination. After termination, we have no obligation to maintain your data.

You must not use Services in ways that jeopardize our ability to serve other customers or network stability. If we determine such misuse, we may restrict your usage. After restrictions, we provide written notice of corrective steps. Failure to comply may result in permanent restrictions or termination.

We acknowledge that no Internet service guarantees 100% security. We commit to implementing industry-standard security measures and applying patches to our systems within 7 business days of determining they will not harm our network.

You agree to apply patches and security updates to software under your control within 7 calendar days of release. You agree to observe appropriate security practices for passwords and credentials.

If you fail to patch security holes within the specified time, we may patch on your behalf at your cost. Patch costs are added to your Fees.

Upon unauthorized network access ("Security Breach"), we provide written notice within 1 day of our determination, containing information gathered to that point. We provide updates at least every 24 hours until remediation is complete.

You acknowledge that Security Breach notices are preliminary, unconfirmed, and may later be determined untrue. We assume no liability for reliance on this information. Providing notice is our sole Security Breach responsibility.

Services are designed for typical customer usage patterns. We provide Support via knowledge base, forums, chat, and limited phone assistance to complement your existing knowledge. If your Support use indicates insufficient knowledge to use Services effectively, we may limit your Support access.

Some Services are provided by third parties. Support for these components is their responsibility. We are not liable for third-party support issues or service deficiencies.

You agree to cooperate with our investigation of outages, security issues, Agreement breaches, or disputes involving your account or End User usage.

We warrant that we have legal authority to enter this Agreement and capability to perform all obligations.

You warrant that you have legal authority to enter this Agreement, capability to perform all obligations, and that you will comply with all laws. You affirm complete rights, title, and interest in all materials provided or accessed through Services. You confirm End Users have these same rights.

You agree to maintain data backups even if you purchased backup Services from us.

You agree to incorporate our Acceptable Use Policy and Privacy Policy into your End User agreements and ensure compliance.

You shall not copy, transfer, reverse engineer, disassemble, decompile, or create derivative works of Services. You shall not remove proprietary notices or grant third-party access to Services.

Except as stated in Section 7 (Our Warranties), we make no additional warranties. We expressly disclaim implied warranties including merchantability, fitness for a particular purpose, and non-infringement.

Services are provided "as-is" and "with all faults." We do not warrant Services will meet your expectations, operate flawlessly in all combinations, or be uninterrupted, error-free, or completely secure. No employee or agent may make any other warranty.

To the maximum extent permitted by law, you agree we will not be liable under any circumstances (including negligence) for indirect, incidental, special, consequential, exemplary, or punitive damages. This includes lost profits, cost savings, revenue, business, data, or use, or other pecuniary loss.

These limitations apply even if we have been advised of possible damages, regardless of legal theory.

Except as required by law, our aggregate liability for any breaches or claims under this Agreement shall not exceed the Fees actually paid by you during the 3 months preceding the claim. In jurisdictions where liability exclusions are prohibited, our liability is limited to the maximum extent permitted by law.

The parties acknowledge that these liability limitations are essential to this Agreement. Without them, we would not have entered this Agreement. Our pricing reflects this risk allocation.

Each party agrees to defend, indemnify, and hold the other harmless from all demands, liabilities, losses, costs, and claims (including reasonable attorney fees) arising from either party's provision or performance of Services, or from your sale of products or services.

You agree to indemnify us from Liabilities arising from:

• Injury to persons or property caused by products or services sold in connection with Services
• Materials supplied by you or your customers that infringe or allegedly infringe third-party intellectual property rights
• Security Breaches resulting from your failure to apply security patches or misuse of Services

We agree to indemnify you from claims that the Services, as designed and operated solely by us, violate a valid U.S. copyright or patent.

Each party agrees that confidential or proprietary information disclosed by the other must be kept confidential and used only as necessary for Service performance or use. This obligation does not apply to information that is independently developed, lawfully enters the public domain, or is learned independently without reference to the confidential information.

Services are not specifically designed to comply with heightened confidentiality laws such as HIPAA. Our confidentiality obligations are limited to those expressly stated in this Agreement.

You agree to enter written agreements with your customers that are at least as protective of our interests as this Agreement.

Both parties are independent contractors. Neither party may create obligations for the other unless expressly authorized in the Service Order.

If any provision is unenforceable or contrary to law, it will be modified to the minimum extent necessary while preserving intent. Remaining provisions remain fully enforceable.

Waiving one breach or condition does not constitute waiver of any other.

This Agreement benefits only the parties and their permitted successors and assigns. No other person or entity has rights, remedies, obligations, or liabilities.

Except for payment obligations, neither party is liable for delays or failures due to circumstances beyond reasonable control (force majeure), including acts of God, earthquakes, labor disputes, supply shortages, riots, war, fire, epidemics, or telecom failures. The affected party's obligations are extended for the duration of the excusable delay. The affected party must notify the other within 10 days of the event beginning.

Your use of Services is subject to U.S. export restrictions. You agree not to export data, software, or materials violating U.S. export laws and not to conduct business with prohibited individuals or entities. More information: http://www.state.gov/strategictrade/overview/

This Agreement is governed by internal New Jersey law, excluding conflict of law principles. Disputes are brought in U.S. District Court for the District of New Jersey (Newark) or, if lacking jurisdiction, Bergen County, New Jersey state court. Venue and jurisdiction lie with these courts. The U.N. Convention on International Sale of Goods does not apply.

The parties waive the right to jury trial.

No waiver of any right constitutes waiver of any subsequent right.

You may not assign this Agreement. We may assign it.

Notices to you are sent to your email on file. Notices to us are sent to the address on our website. Notices are effective upon delivery or 5 days after sending if delivery is unconfirmed (provided alternate notice is sent).

This Agreement, Order Form, SLA, AUP, Privacy Policy, and attachments are construed as one document. If conflicts arise, the order of precedence is: Privacy Policy, SLA, AUP, Order Form, then this Agreement.

This Agreement may be executed in counterparts, transmitted electronically, and acknowledged electronically.

We provide continuous 24x7x365 monitoring of your network, physical infrastructure, servers, and applications, subject to technical limitations and circumstances beyond our reasonable control.

Managed Services availability may be affected by technical difficulties, equipment malfunctions, scheduled maintenance, or force majeure events.

By selecting Managed Services, you authorize us to access your Services as reasonably necessary for configuration, general server maintenance, and other managed-service tasks.

We retain the right to relocate equipment used to deliver Services at our discretion. You have no physical access to this equipment and acquire no ownership rights in it.

Backup Services are general-purpose services. You must configure them for your specific needs. We rely on your setup instructions.

Backups are not infallible and may not capture all data. You should maintain a secondary backup source. Except in cases of our gross negligence or willful misconduct, we disclaim liability for backup data loss, content loss, or other information loss.

Backup Services are provided on an "as-is" and "as-available" basis supplementing your own backups. We make commercially reasonable efforts to ensure effective operation, but no backup program is completely error-free or fail-safe.

Our obligation is limited to restoring your server to an operational state. Website functionality restoration is your responsibility. We recommend maintaining an operating website copy.

Domain Services are provided through our third-party vendor eNom, Inc. You are bound by their terms and conditions (http://www.enom.com/terms/default.aspx), which are incorporated into this Agreement. We recommend reviewing them before purchasing Domain Services.

Domains are not officially registered until you receive our registration confirmation. We are not liable for registration failures or issues.

You must provide and maintain accurate, complete, and current account and WHOIS information. WHOIS information is public and not subject to our Privacy Policy.

The Domain Name Vendor may reject domain applications or discontinue services within 30 days of initiation or renewal. After this period, they may terminate or suspend domains for cause, including prohibited names, abuse, irregular payment, illegal conduct allegations, inaccurate WHOIS information, non-response for more than 10 days, or violation of third-party rights (unsolicited email, copyright infringement). No refund applies for cause-based termination or suspension.

Renewal notifications come from the Vendor or us. You are responsible for keeping your payment details current. We are not liable for registration lapse due to payment processing failures.

The Domain Name Vendor retains all rights, titles, and interests in its domain database, including database rights, compilations, and derivative works.

By using Services, you agree to the domain transfer agreement (https://archive.icann.org/en/transfers/policy-12jul04.htm) and ICANN Uniform Dispute Resolution Policy (http://www.icann.org/dndr/udrp/policy.htm).

Only domain owners may initiate transfers or respond to transfer requests. Ensure your domain is unlocked before requesting transfer. For EPP registry transfers, obtain an EPP Authorization Code.

Linux shared and WordPress hosting accounts have a limit of 600,000 inodes (files and directories). You receive notification when approaching the limit. Each file (images, content, emails) counts as one inode. Consistent excess may result in service interruption or suspension.

Email space limit: 15GB per mailbox. When reached, incoming emails bounce.

Email sending limits: 500 emails per hour per cPanel account; 1,000 emails per day per cPanel account. Exceeding limits may trigger email service interruption.

We strongly discourage "catch-all" email accounts because they attract spam attacks and consume server resources. We recommend using email forwarders instead. "Catch-all" is disabled on Windows mail servers but available on Linux servers.

If an account disrupts normal mail server functioning, we reserve the right to immediately suspend affected domains without notice. While currently permitting "catch-all" accounts, we retain the right to review, modify, or change this policy without notice.

Shared and WordPress hosting environments are not suitable for secure payment pages or for storing, transmitting, processing, or viewing credit card data. Such activities are strictly prohibited on our servers and plans. E-commerce credit card transactions must be outsourced to third-party vendors not connected to our servers.

You must comply with PCI Security Standards Council requirements for cardholder data and personally identifiable information. Details: https://www.pcisecuritystandards.org/

Cardholder data may only be used for completing transactions, fraud control services, or as authorized by the PCI Security Standards Council or required by law.

In case of breach, intrusion, or unauthorized cardholder data access on your account, you must immediately notify the card issuer per PCI Security Standards Council requirements.

You are responsible for maintaining appropriate business continuity procedures to ensure cardholder data security in case of disruption or system failure.

These PCI compliance obligations continue after Agreement termination.

Personally identifiable information may only be used for completing e-commerce transactions and related fraud control services, per applicable law.