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All Forums > The Porn Pool > The Porn Pool Forum Page 215 > HardX Website: Be Careful
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AKperv All-Star Supporter
All-Star Member

1253 Posts
4/14
Posted - Jul 15 2014 : 1:55PM
I just got through straightening out a big hassle with my credit card, caused by what I consider unacceptable behavior by HardX. What happened is that when I signed up for a one year membership, I was simultaneously and without my knowledge, signed up for a separate membership to a different website. The separate membership was a cheap 3 day trial that morphed itself into a recurring monthly fee membership. I find such behavior disgraceful. I'm sure it was hidden somewhere in the fine print, but it was definitely hidden. The money grubbers, whoever they are, should be ashamed.
JigglyBoobs
Senior Member

1614 Posts
3/12
Posted - Jul 15 2014 : 2:08PM
Was it really hidden or were you just not thorough enough in reading the terms and conditions?
The fact that you still hadn't checked them before making your post doesn't fill me with sympathy...
Edited by - JigglyBoobs on 7/15/2014 2:10:15 PM
killbillvol69 All-Star Supporter
All-Star Member

^Lucy Pinder
18631 Posts
4/08
Posted - Jul 15 2014 : 2:35PM
It may have been his fault for not reading all the fine print (I don't know of course), but even if he is to blame and not HardX, the post is good as a warning to make sure you do read the fine print.
CummingLinguist All-Star Supporter
All-Star Member

5908 Posts
11/11
Posted - Jul 15 2014 : 3:03PM
^^ You need to watch this documentary.
I can't speak to HardX, but there are not enough hours in the day for anyone to read to all the "Terms and Conditions" they click through.
So let me ask you a simple question:
Have you agreed to let the NSA keep a secret file on you that includes a record of every phone call you make, every text you send, and every place you go with your cell phone?
Assuming you have a cell phone contract, the legal answer is "Yes".
But did you REALLY agree to it?

Edited to add, extra ^.
BTW, Kill Bill made the crucial point much better than I did.
Edited by - cumminglinguist on 7/15/2014 3:05:37 PM

jfarley
Member

242 Posts
5/09
Posted - Jul 15 2014 : 4:29PM
Here's the sign-up page...
HardX_SignUp.jpg
Bordering on shady IMO.
 
FlyingMonkeyFeet
Member

55 Posts
9/11
Posted - Jul 15 2014 : 6:14PM
Sorry no sympathy from me here nothing was hidden and this practice is definitely not new. Many porn sites do this all you have to do is untick the box
rtj2v0a
Self-removed

Sports is to war as pornography is to sex. ― Jonathan Haidt
222 Posts
10/13
Posted - Jul 15 2014 : 6:39PM
It's certainly a sketchy thing to do, but a lot of sites do it. In fact, it's usually located in fine print, often down below, by the site's terms of service. It's always important to look to see that nothing is checked that you don't want checked -- like agreeing to a subscription to another website.
Jacco All-Star Supporter
All-Star Member

"liable to deprave and corrupt"
2673 Posts
5/04
Posted - Jul 15 2014 : 7:13PM
In the EU pre-checked cross sales like that are banned since last month with the new consumer protection laws coming into effect.
Since I see GBP in the screenshot, here is the relevant bit of the UK guide for merchants:
"I. Prohibition of default option for additional payments"
"I sell online gift products and offer gift wrapping for an additional £3. I make
this clear at the checkout and in order to facilitate the customer experience,
ask them to tick the box if they do not want the gift wrap. As I am not pre-
ticking the box, can I continue to do this?
2. No. The ban is not on pre-ticked boxes per se, although this has become
short-hand for the principle. More properly the prohibition is on any practice
which makes the additional payment the default option and where the
consumer must act to avoid the payment. So in the case of the gift wrap, in
order to avoid this optional additional payment, the consumer would have to
act i.e. tick the box. This would therefore breach the regulations."
Source: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/310044/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf

Jacco

shalalin
Senior Member

1733 Posts
11/07
Posted - Jul 15 2014 : 9:40PM
The overall sketchiness of these upsells notwithstanding, I also find it hard to muster much sympathy in this case since the checkbox is actually quite easy to notice in this page layout (which is standard on all sites managed by Gamma Entertainment). Heck, there's a big "Purchase Information" header right above it...
Edit: I should add that this is somewhat ironic as Gamma used to be notorious for making it very difficult to notice the upsell, until they seemingly got so many customer complaints that they changed to the current layout a couple of years ago.
Edited by - shalalin on 7/15/2014 9:42:07 PM
shalalin
Senior Member

1733 Posts
11/07
Posted - Jul 15 2014 : 9:50PM
After looking at it again, what I find even more surprising in the screenshot than the upsell is that the annual account is recurring - those used to be almost universally one-shot payments, but I guess they've figured out that if there's money to be made on customers who forget to cancel monthly accounts, there's even more money to be made on customers who forget to cancel annual ones...
Mass Facialties
Deactivated User

"Facialized Vol. 7" 2021 AVN Awards Winner: Best Oral Movie
9308 Posts
9/13
Posted - Jul 15 2014 : 11:10PM
A more appropriate title for this thread would be: "Porn Paysites: Be Careful." I mean, I personally have been purchasing memberships to various sites for years now (at least one purchase a month) and these "cross-sales" with the "pre-checked" items are commonplace with the vast majority of porn sites, at least that's how I've always seen it. I understand how someone who's new to purchasing a membership to a porn site might feel blindsided, duped, betrayed, etc. when they discover these cross-sales, but as long as I've been regularly purchasing memberships to porn sites (7+ years) they have always been a common thing and, well, as long as they're legal, we as the customers are always going to have to look out for them. In regards to the screen image provided, while I can see how someone who's not accustomed to making membership purchases might miss the cross-sale on that screen, since it's to the right of the credit card info box, to someone like me who's been purchasing memberships for years, that cross-sale is pretty clear to me and easy to spot; I've definitely seen worse from other sites-real tiny text, placed at the bottom of the page, in some small drop down box, etc. Again, these cross-sales are commonplace with plenty of pay porn sites and this one site, HardX, should not be singled out for it.
By the way, there are some good porn review sites out there, like Rabbits Reviews, that list cross-sales and pre-checked items for sites in all of their reviews. Sites like that are a good place to go, especially if you're somewhat new to purchasing porn memberships, before you decide on purchasing a membership for a site; not to mention, they've got some good discount offers, too.
joeblow123321
Member

319 Posts
11/09
Posted - Jul 16 2014 : 2:21AM
yeah, I've signed up for a lot of sites, and I was burned by this once (and it was when I was superbroke and carefully tracking every dollar), and that second charge managed to overdraw my account.
I'd say at this point about a quarter of the sites I sign up for now have that same pre-checked box; and I always looks for it. Often it's doubly scuzzy because they put it right next to the terms and conditions box... which HAS to be checked.
So OP, what you identified is common, and kind of sucks that seemingly legit companies are basically relying on your lack of attention to rip you off. And it just about every one of these situations it was right there for you to see... but you just didn't see it.
What's especially galling though.... is those "Three Day Memberships" typically don't let you actually download videos. They just let you see previews; so they are worse than useless (of course when they DO charge you the monthly fee, THEN you can download videos).
Jacco All-Star Supporter
All-Star Member

"liable to deprave and corrupt"
2673 Posts
5/04
Posted - Jul 16 2014 : 5:46AM
Hmm, I went to look at the signup page and for me it shows the price as EUR 119.88 for a year. Is it $119.88 if you live in the USA? Those are big differences.
And just to clarify my previous post: as of 13 June 2014 pre-checked crosssales like this are illegal in the EU.
Jacco
Flash All-Star Supporter
Golden Age Classic

11018 Posts
5/01
Posted - Jul 16 2014 : 7:58AM
It shows $119.88 for the US. The company shows as being in the Netherlands but if you read their terms they state they are governed by Canadian Law. I'm not sure if that somehow alters how they can handle cross sales.
LCF All-Star Supporter
All-Star Member

Non Prevalebunt!
10364 Posts
1/05
Posted - Jul 16 2014 : 8:24AM
^^
the problem would be the competent Hall though ,if the site is in the EU as Europeans we could just file a claim to Bruxelles and the Authority would intervene , but if the site is placed in the USA could be a problem to get our money back , after all such practice is legal there.
so the change rate is 1:1:1 $=£=€ which is another problem
Edited by - LCF on 7/16/2014 8:26:58 AM
 
charn
fubar

2880 Posts
12/09
Posted - Jul 16 2014 : 9:36AM
I don't have the patience to be that careful about every site I join. I'll stick to my default of not joining any sites until there's an American law that bans this practice.
AKperv All-Star Supporter
All-Star Member

1253 Posts
4/14
Posted - Jul 16 2014 : 12:43PM
I like Mason, I love her porn, but I detest this "business practice." It's a scam, plain and simple. If it's not a scam, what's the purpose of pre-checking the box? The ONLY purpose of pre-checking the box is to trick those who fail to notice it. By the way, I am not looking for sympathy. I am merely pointing out how one particular website has chosen to treat it's customers. I will have to concede, however, that it was not as hidden as I thought. Still, it's a scam and that makes HardX scammers.
Lezlover
Member

527 Posts
9/12
Posted - Jul 16 2014 : 2:39PM
^ I agree with you and I sympathize.
It's all well and good saying that all you have to do is un-tick the box, but the box or boxes should never be pre-ticked in the first place. It should be entirely up to the customer if they want to tick the box and sign up for that service. People want to join a site and then get onto that site with the minimum of fuss, not spend time sifting around the sign-up page looking for checkboxes. It's shouldn't be up to those sites to pre-empt that a customer wants to sign up for another site.
Jacco All-Star Supporter
All-Star Member

"liable to deprave and corrupt"
2673 Posts
5/04
Posted - Jul 16 2014 : 3:45PM
I doubt that you can decide to just use the laws of anouther country than your own.
Jacco
killbillvol69 All-Star Supporter
All-Star Member

^Lucy Pinder
18631 Posts
4/08
Posted - Jul 16 2014 : 5:45PM
OpenLife (which runs HardX studios) is owned by Mile High media, a Canadian company headquartered in Montreal.
I don't know why the site says it's from the Netherlands. It could be that the site designer lives there. Or they're using servers there. Or something like that.
I don't know what that means in terms of which country's laws they should fall under.
pat362
Senior Member

10081 Posts
3/10
Posted - Jul 16 2014 : 8:06PM
I have had plenty of discussion about cross-sells and major price difference for European customers VS North American ones so here is what I can offer.
If you pay attention to cross-sells than you can easily avoid them but they everyone (except webmasters) agree they should not be there. The more honest sites either don't have them or they require that you activate them prior to processing your card so no danger of getting a membership that you did not want.
Price difference from Country to Country is a little trickier because the jury is still out on if it's the owner of the site who does that or if it's the CC processor. The one thing I do know is that European customers are usually the ones that get shafted because it's quite common for the same amount written in US dollar to simply be written in Euros for European customers without actually applying a currency conversion. A 20$ US dollar site should really cost about 15 Euros but what often happens is that the amount stays the same but the currency changes so instead of getting the site for 15 euro they actually get it for 20.
I offered a link to a review site that offers a very good discount on Hard X. I do not know if this will have any effect on conversion rates and what not but it's worth giving it a try. Just don't process your credit card if you find that they are trying to shaft you.
http://www.thebestporn.com/review/hardx/
shalalin
Senior Member

1733 Posts
11/07
Posted - Jul 16 2014 : 8:31PM
Co-owned with Gamma, apparently. In any case, the same "Canadian law" provision is also present in the Terms and Conditions for other sites run by Gamma (such as Evil Angel's and Devil's Film's) where Mile High isn't involved.
However, it does appear that Gamma itself is also based in Montreal - no idea if there's also ownership overlap with Mile High or if they just happen to have developed concurrently.
I suspect the reason the payment processor is based in the Netherlands is simply because Gamma took over an existing processor as they expanded their business, rather than set up their own from scratch.
Jacco All-Star Supporter
All-Star Member

"liable to deprave and corrupt"
2673 Posts
5/04
Posted - Jul 16 2014 : 8:34PM
OpenLife is co-owned by Gamma Entertainment AFAIK and Gamma is owner of Chargepay (the billing company) which is based in the Netherlands.
The regional billing (as it is called by billing companies) is an option that the siteowner can decide to switch on or off. With some billing companies it's switched on by default, as I found out for one of our own sites, it was doing the same $1=1 GBP= 1 Euro. Of course I had them switch it off immediately after I found out. Onfortunately it's very well possible for a site owner to not even realize it's active, unless you use proxies to test it, as I tend to do nowadays.
Jacco
budtugley
Senior Member

One man's trash can be the next man's treasure.
1187 Posts
1/04
Posted - Jul 17 2014 : 12:02AM
I had a friend who signed up for a couple of websites that use credit cards for 'age verification.' Supposedly free as an introduction or almost free at $1.99 for 3 days, the websites convey that they don't charge the credit card until 3 or 10 days pass by and then it becomes a membership at $29.95/month. The card holder needs to cancel, probably a few forget all about it.
Sounds fishy to me, I'd never do it.
Lo and behold an hour after he signed up, his credit card company asked if a $49.95 charge was authorized by him.
They tried to sneak one in there hoping he didn't notice or would pay it confused by what it was since the name was different from the website.
Most likely a fair amount of the 'there's a sucker born every minute' crowd that pays the bill.
Pretty disgusting.
It points out something to me. I have in 'my documents' file a letter I typed stating I don't do business with any company or corporation that uses deception as SOP. Some of the junk mail I received is deceptive so I mail the response envelope back with the letter after 'x-ing' out the return mark on the envelope so they don't know who is sending it. Sure it costs them $.49 but if enough people do what I do, the expense will dent their bottom line.
Girls Gone Wild was famous for sending videos at $19.95 to horndogs who tried to buy a couple of videos at $4.95 each but didn't understand they'd be sent 2 videos a month a $19.95 each until membership was canceled and that was a difficult process, often videos would keep coming after cancellation and the credit card was still being charged.
Lots of dishonesty out there.
dogzcatcher All-Star Supporter
All-Star Member

Fat bottomed girls make the rockin' world go round!
1551 Posts
5/09
Posted - Jul 17 2014 : 1:37AM
The only pay site I've joined (and later cancelled) was Naughty America's Tonight's Girlfriend. Since I have a slow, DSL connection, the downloads/streaming was taking a very long time. I contacted the site and cancelled, explaining why. They made it right with me.
I had a similar problem with downloads via Hot Movies.com. They too, made things right and refunded my purchase.
I like using cduniverse for purchasing porn. One time, they mixed up my order with someone else's order.
I called their customer service and a polite woman answered the phone. She got my order records and read the title names back to me. Sexy! Free phone sex!
I boxed up all the stuff I didn't order and sent it back to the company. They thanked me for sending the stuff back, sent the right items quickly and paid me for my cost to ship the wrong items back.
^
Three examples of good customer service.
 
RocketMan
Member

678 Posts
6/08
Posted - Jul 17 2014 : 5:08AM
Yup, this is pretty rubbish. I got burned by Brazzers for having the same sort of process hidden in their Ts&Cs. The sad part is that I've since been reluctant to sign up for pay sites for fear of what other traps are out there to catch unwary punters so sadly it actually hits the porn industry again at a time when they can't afford it. Boycott sites that adopt this business model, I say.
Lezlover
Member

527 Posts
9/12
Posted - Jul 17 2014 : 9:10AM
^ I agree. Boycott the sites and then, after two years of steadily plummeting profits, all the exec's will sit round the big boardroom table with these dumb-ass looks on their faces and ask each other "what are we doing wrong? why aren't we making any money? why don't nobody want to join our site?" And they'll sit there for a couple of hours scratching their heads and rubbing their chins until finally some nobody from the post room chimes in and says "duh, look at the way you operate you bunch of morons"
Seriously though, it may well take boycotts for it to finally twig with these sites that trying to rip people off is not the best way to conduct business.
charn
fubar

2880 Posts
12/09
Posted - Jul 17 2014 : 6:59PM
I checked some other Mile High sites, which also look sketchy. I can't even get a price quote at Sweet Sinner until I start the joining process. This may be a complete writeoff of several highly rated directors, unless I go back to renting dvds.
blackcountrytrapeze
Member

26 Posts
9/13
Posted - Jul 18 2014 : 7:01AM
I think that the reason they are based in the Netherlands is because of the lower corporation tax and because it would make sense to base it in a country whereby adult entertainment isn't demonised as it is in somewhere like the UK where the government like to link it to anything and everything that is wrong in society. Not that it stops their mates in the advertising industry though....
LCF All-Star Supporter
All-Star Member

Non Prevalebunt!
10364 Posts
1/05
Posted - Jul 18 2014 : 7:55AM
^
they need a legal representative in the EU to work here, someone who may be legally held responsible for any legal or taxation problem
HardX_MC
Deactivated User

150 Posts
4/14
Posted - Jul 22 2014 : 8:01AM
Hi guys! Sorry that some of you feel this way about HardX and MileHigh Media. What I can say on behalf of of both teams, HardX and MileHigh Media, is that nothing is hidden and we make sure that if there is a problem with your membership, we have a 24hrs support team that can fix ALL the issues and reimburse your money if there was a ANY kind of misunderstanding when purchasing your membership. The support information is on all of our websites, but I will post the information as well:
____________________________________________________________________________________
____________________________________________________________________________________
Current Service Status
Business Hours
Everyday - 24h / 24h
Toll Free Number 1.877.392.7862
(North America)
EU Number 00.800.0448.6115
(Austria ,Denmark, France, Germany, Ireland, Italy, Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Sweden, Switzerland, UK)
International Number 1.514.448.6115
By email at support@openlife.com
____________________________________________________________________________________
____________________________________________________________________________________
Jacco All-Star Supporter
All-Star Member

"liable to deprave and corrupt"
2673 Posts
5/04
Posted - Jul 22 2014 : 8:23AM
And what about the 1$=1 Euro=1 GBP pricing? Are you going to fix that?
Jacco
Lezlover
Member

527 Posts
9/12
Posted - Jul 22 2014 : 8:40AM
How about leaving those checkboxes unchecked so the potential customer doesn't have to worry if they don't see it.
HardX_MC
Deactivated User

150 Posts
4/14
Posted - Jul 22 2014 : 1:42PM
I will take note of your comment about 1$ Euro and leaving the checkboxes unchecked and give them to our producers.
CummingLinguist All-Star Supporter
All-Star Member

5908 Posts
11/11
Posted - Jul 22 2014 : 3:42PM
^ Thank you.
I've been considering joining HardX, and this thread was giving me serious second thoughts.
Let us know what action (if any) they take.
 
AKperv All-Star Supporter
All-Star Member

1253 Posts
4/14
Posted - Jul 22 2014 : 4:27PM
I joined but will not renew as long as boxes for services I don't want are pre-checked. The ONLY reason to pre-check those boxes is to trick people. I'm not interested in supporting such behavior.
shenton
Member

96 Posts
9/03
Posted - Jul 22 2014 : 5:07PM
Always use a prepaid credit card to buy porn. You can buy prepaid credit cards from any stores, post office, drug store, convenience stores..
Imagine you use your own credit card, you have a subscription issue, you need to deal with your financial institution (when the paysite won't help anymore) and it can be embarrassing to tell your financial institution "that transaction was for a porn subscription.."
When you use a prepaid credit card, you don't have to go through the above subscription issue, neither do you have to worry about renewal issues, assuming you want to subscribe only one month, you tell them to cancel but the paysite still charge your credit card. If I want to subscribe for a month, I buy a prepaid credit card with enough funds to cover that single month, sign up and that's it. I don't have to do anything about renewal because the paysite won't be able to charge since there is no more funds in the prepaid credit card.


Mass Facialties
Deactivated User

"Facialized Vol. 7" 2021 AVN Awards Winner: Best Oral Movie
9308 Posts
9/13
Posted - Jul 22 2014 : 10:23PM
^
Good advice.
If that's your position, well then, I guess you won't be signing up for many porn sites out there. Like I said in an earlier post: these cross-sales and pre-checked items are commonplace, at least in my experience, when signing up for the majority of porn sites. I can only think of sites that use CCBill as their credit card processor as ones that do not have items on the signup page pre-checked. I understand your frustration about this, but again, I don't think HardX should be singled out for this all too common practice.
By the way, you never did mention what happened, were you reimbursed for those charges you weren't aware of when signing up? Or did they tell you "tough luck?"
CummingLinguist All-Star Supporter
All-Star Member

5908 Posts
11/11
Posted - Jul 23 2014 : 6:01AM
^^ Very good idea.
Jacco All-Star Supporter
All-Star Member

"liable to deprave and corrupt"
2673 Posts
5/04
Posted - Jul 23 2014 : 7:15AM
Actually, every site doing prechecked cross sales should be singled out and shamed. Especially since it is illegal now in the EU. When consumer laws like these change there is usually a grace period of a couple of months for everybody to get his stuff sorted out, but then the fines will be coming.
Jacco
HardX_MC
Deactivated User

150 Posts
4/14
Posted - Jul 23 2014 : 8:17AM
I can assure you guys that we provide the best customer support. All you need to do is call if there is any issues with your membership etc...
pringles All-Star Supporter
All-Star Member

1351 Posts
2/08
Posted - Jul 23 2014 : 8:56AM
This.
charn
fubar

2880 Posts
12/09
Posted - Jul 23 2014 : 11:10AM
Diminishing Returns. With fewer customers, they try to get more money out of each customer, which pushes more customers out of the paid porn market.
AKperv All-Star Supporter
All-Star Member

1253 Posts
4/14
Posted - Nov 11 2014 : 6:30PM
What's up with HardX website. Nothing has shown in Videos-->Upcoming for about a month now. What's so hard about keeping things up to date? The directors and talent appearing on this site deserve better, not to mention the customers.
pat362
Senior Member

10081 Posts
3/10
Posted - Nov 11 2014 : 9:11PM
^I remember having a quick conversation with the site's webmaster when I reviewed the site and he mentioned that they would be updating with two new scenes per week and it looks like he has managed to do that. It's just too bad that the upcoming section is no longer showing anything and maybe it might be better to simply remove that section if they can't actually show the upcoming scenes.
Mass Facialties
Deactivated User

"Facialized Vol. 7" 2021 AVN Awards Winner: Best Oral Movie
9308 Posts
9/13
Posted - Nov 12 2014 : 2:13AM
^
It appears that they're having some problems with both the membership site and also the blog. (HardX_MC recently mentioned that they were working out some problems with the blog.) And in regards to them "keeping pace" with the plan to put out two new scenes each week (two movies per month), it seems like they're having a hard time making that happen because the studio is essentially relying on just one director, Mason; HardX has had both Mick Blue and Manuel Ferrara each direct and shoot a crappy POV movie, but every other movie of theirs is shot and directed by Mason. You'd think that eventually the studio will hire at least one more regular director so that the responsibility of keeping the site going with new scenes isn't all on Mason. (I noticed that director William H, formerly of Elegant Angel and most recently Jules Jordan Video, has just become a "free agent".)
pat362
Senior Member

10081 Posts
3/10
Posted - Nov 12 2014 : 9:17PM
I more or less said the same thing to the webmaster. I think it's feasible for Mason to shoot two movies per month with each of them having at least 4 scenes and that would meet the quota of two new scenes per month but this means that she must already have some on hand otherwise she will be releasing the scenes basically a couple of weeks after shooting them. My fear is that sooner or later there will either be a slow down to maybe one scene per week or she will have to use filler to cover the missing new content.
Mass Facialties
Deactivated User

"Facialized Vol. 7" 2021 AVN Awards Winner: Best Oral Movie
9308 Posts
9/13
Posted - Nov 14 2014 : 1:45AM
^
Keep in mind that she's also responsible for the content for EroticaX. (The productions from that studio have really slowed down.)



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