Terms of Service Agreement for Subculture Networks, LLC
Introduction
By subscribing to the services offered by Subculture Networks, LLC (“Subculture Networks” or “the Company”), you, the client, agree to be bound by the following terms and conditions. These terms and conditions apply to all clients of Subculture Networks and govern your use of the services provided.
Services
Subculture Networks 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 at www.subculturenetworks.com.
The client is not purchasing or licensing hosting space or software. All websites, platforms, and resources are deployed, maintained, and operated by Subculture Networks on servers managed by the Company. 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.
Non-Taxable Membership Classification
Subculture Networks memberships provide clients with access to an ongoing managed service. This includes infrastructure configuration, content management, WordPress maintenance, and technical support — all delivered through a fully managed environment owned and operated by Subculture Networks.
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 Subculture Networks’ control.
This membership structure aligns with guidance from the Colorado Department of Revenue (PLR 23-006) indicating that subscription-based services, when separable and support-focused, do not constitute taxable sales. While Subculture Networks operates in the City and County of Denver, its services are not licensed software, nor is access resold or transferred, distinguishing these memberships from taxable digital products under local tax codes.
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.
Subculture Networks does not automatically export or deliver website files, databases, or email content upon cancellation. If a client wishes to receive a copy of their data, they must submit a request via the support email address listed on their most recent invoice. Data requests must be made within 14 days of service termination; after this period, Subculture Networks may permanently delete all related data.
Clients do not receive root or administrative access to the hosting environment and may not transfer infrastructure directly to a third party. Upon request, Subculture Networks may assist with migrating site content and related data to an external hosting provider. Migration assistance is available at the current hourly support rate.
Domain and DNS 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 & Colorado Consumer Rights
Subculture Networks collects limited personal information to deliver its membership-based services, including name, email address, billing information, and technical data related to client websites or support requests. This data is used solely for service delivery, support, account management, and to improve the quality of our services and user experience.
We may use analytics and session tracking tools to understand visitor interactions, traffic patterns, and site performance. These tools may utilize cookies or similar technologies to collect anonymous or pseudonymous data such as IP address, device type, browser information, and general location. This information is used solely for internal insights and may be used in the future to inform advertising or promotional efforts.
Subculture Networks does not sell personal data. Data is only shared with trusted third-party service providers necessary to deliver our services, such as billing platforms, email services, or infrastructure providers.
In accordance with the Colorado Privacy Act (CPA), Colorado residents have the right to request access to, correction of, or deletion of their personal data. They may also opt out of behavioral tracking or future targeted advertising. To exercise any of these rights, clients may contact the support email listed on their most recent invoice. We will respond to valid data requests within 45 days.
Visitors who wish to limit analytics tracking may adjust their browser settings or manage tracking preferences through available platform tools. To opt out of personalized tracking by Google, visit your Google Ad Settings and disable “Ad Personalization.” For more information on Microsoft Clarity’s data collection and privacy controls, please refer to the Microsoft Privacy Statement.
Limitation of Liability
To the maximum extent permitted by applicable law, the client agrees that Subculture Networks, its owner Jose Contreras, and any of their affiliates, employees, or contractors shall not be held liable for any damages, losses, or expenses, including without limitation direct, indirect, incidental, special, consequential, or punitive damages, arising from the use of, or inability to use, the services provided by Subculture Networks.
This includes, but is not limited to, damages resulting from website outages, problems loading the website, or any other issues related to the web hosting or design services provided by Subculture Networks.
Force Majeure
Subculture Networks 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 Subculture Networks, its owner Jose Contreras, and any of their 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 provided by Subculture Networks or any breach of this agreement by the client.
Governing Law
This agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law principles. Any disputes arising from or related to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Colorado.
Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach thereof, shall be resolved through final and binding arbitration administered in the State of Colorado. The parties agree to waive their rights to a jury trial or class action, and the arbitration shall be the exclusive remedy for resolving such disputes.
Amendments
Subculture Networks 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.