Terms of Service Agreement for Subculture Networks, LLC
Introduction
By subscribing to the services offered by Subculture Networks, LLC (“Subculture Networks” or “the Company”), which includes its owner Jose Contreras, employees, and authorized contractors, your subscription constitutes acceptance of these Terms.
Services
The Company provides clients with membership-based access to professionally managed digital services. This includes web presence development, site management, infrastructure oversight, domain and email setup, analytics tools, and support services as described on the Company’s website (including client.subculturenetworks.com/packages) or as otherwise specified in the client’s selected signup offer.
The client is not purchasing or licensing hosting space or software. All websites, platforms, and resources are deployed, maintained, and operated by the Company on managed server environments. The specific infrastructure allocation—including the use of shared or dedicated resources—is determined by the Company based on the client’s selected membership tier and technical requirements. Clients gain access to their individual dashboard and access credentials as part of their membership benefits.
All services are structured as ongoing support and infrastructure access under a recurring membership subscription. Custom work beyond what is outlined in the selected membership tier may be available for an additional fee upon request.
Third-Party Services
The Company utilizes third-party providers for infrastructure, email, and software. The Client acknowledges that the Company is not responsible for outages, price changes, or service modifications made by these third-party vendors.
Non-Taxable Membership Classification
The Company’s memberships provide clients with access to an ongoing managed service. This includes infrastructure configuration, content management, platform maintenance, and technical support—all delivered through a fully managed environment owned and operated by the Company.
Clients do not purchase, rent, or license any physical or digital property, including servers or software. Membership fees are billed separately and are not tied to the sale of tangible goods or standalone digital products. Clients do not receive root or administrative access to hosting environments and are not directly contracting for third-party services.
All infrastructure and services remain under the Company’s exclusive control. Client acknowledges that membership fees are strictly for managed services and technical support; no sale, lease, or transfer of tangible property or software licenses occurs under this agreement.
Intellectual Property & Ownership
The Client retains all ownership rights to its trademarks, logos, and original content (“Client Content”). The Company retains all ownership and rights to the underlying code, proprietary templates, and proprietary configurations (“Company Materials”) used to deliver the services. Upon termination, provided all fees are paid, the Client is granted a non-exclusive license to use the Client Content and database assets as they existed at the time of cancellation. This license does not include a right to the Company’s proprietary server-side automation, logic, or system-level configurations.
Cancellation & Transfer of Services
Clients may cancel their membership at any time through their customer portal or by submitting a written request. Upon cancellation, services will be scheduled for wind-down and deactivation at the end of the current billing cycle unless otherwise arranged.
The Company reserves the right to suspend or terminate services immediately and without notice if the Client’s use of the services involves illegal activity, spamming, security risks to the managed environment, or any other violation of standard acceptable use.
The Company does not automatically export or deliver website files, databases, or email content upon cancellation. Upon request and within 30 days of termination, the Company will provide the Client with a compressed archive of the website’s directory and a database export. The Company does not provide system-level configurations, server environment settings, or email archives.
Clients do not receive root or administrative access to the hosting environment. Migration assistance to an external hosting provider is a separate service available at the current hourly support rate and is subject to the Company’s availability and discretion.
Domain services may be transferred to the client if the domain is registered in their name. It is the client’s responsibility to coordinate such transfers prior to service cancellation.
Refund Policy
All one-time setup fees are non-refundable once onboarding has begun. However, clients may request a refund for the recurring membership fee within the first 14 days of their initial subscription, provided no deliverables have been finalized or significant work has been completed. After the 14-day period, all membership fees are considered earned and non-refundable.
By subscribing, the client acknowledges and agrees to this refund policy.
Data Privacy & Client Rights
The Company collects limited personal information to deliver its services, including contact and billing information. This data is used solely for service delivery, account management, and improving user experience. These may utilize cookies to collect anonymous data such as IP addresses and browser types. We do not sell your personal data.
We respect your privacy and provide you with the ability to review, correct, or request the deletion of the personal data we maintain. To exercise these rights, please contact the support email listed on your most recent invoice.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES. This includes, but is not limited to, damages resulting from website outages, data loss, or server disruptions.
Force Majeure
The Company shall not be held liable for any delay or failure in performance of its obligations under this Agreement due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, power outages, internet disruptions, cyberattacks, government restrictions, or labor disputes. In such events, service obligations may be suspended or delayed without penalty.
Indemnification
The client agrees to indemnify, defend, and hold harmless the Company and its affiliates, employees, or contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from or related to the client’s use of the services or any breach of this agreement by the client.
Governing Law & Dispute Resolution
This agreement shall be governed by the laws of the State of Colorado. Any dispute arising from this Agreement shall be resolved through final and binding arbitration administered in the State of Colorado.
The state and federal courts located in Colorado shall have exclusive jurisdiction only for the purposes of enforcing an arbitration award or seeking emergency injunctive relief. The parties waive their rights to a jury trial or class action, and arbitration shall be the exclusive remedy for resolving such disputes.
Amendments
The Company reserves the right to amend these terms and conditions at any time. Any changes will be posted on the Company’s website, and it is the client’s responsibility to review these terms periodically to stay informed about any updates.
Entire Agreement
This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, representations, negotiations, and agreements, whether oral or written, between the parties concerning the subject matter of this agreement.
By subscribing to the services offered by Subculture Networks, the client acknowledges that they have read, understood, and agreed to be bound by the terms and conditions contained in this agreement.