Web Hosting Terms of Service
Revision date: January 27, 2021
THIS AGREEMENT BETWEEN Blue Collar Web Consulting, LLC and you where “you” is referred to as “Account Holders “Users”, “Members”, “Customers”, or “Subscribers”.
WHEREAS Blue Collar Web Consulting, LLC agrees to furnish IT – internet based services associated with web sites or web hosting to the User.
Use of Blue Collar Web Consulting, LLC Service constitutes acceptance and agreement to Blue Collar Web Consulting Inc.’s policies are subject to the terms above and as follows:
At Blue Collar Web Consulting, LLC, we strongly prohibit the use of any of our services for any illegal activities.
Users shall not include content, or internet links to content on the Site that contain, promote or involve any of the following. Examples include but are not limited to:
- Any copyright, patent, trademark, or other intellectual property right.
- Child Pornography
- Hate content
- Threatening, racial, or otherwise abusive content.
- Any and all content inciting, instructing, or promoting illegal activities.
Subscription (recurring) payments are facilitated securely using the Stripe payment gateway with full PCI compliance and PayPal. All Blue Collar Web Consulting clients paying via monthly subscription is the sole way Blue Collar Web Consulting conducts billing, no other payment intervals are offered as the service is “as is – where is” thereby protecting the client from not losing more than a single months subscription and can terminate the service “at will” (see Account Cancellation below). Recurring payments are pre-authorized and continue automatically until the payment method requires updating and/or is declined or withdrawn. Manual Invoice payment terms are “Net on receipt” from Invoice date. Establishment of service is reliant upon receipt by the Company of payment of affirmed charges. Following payments are due on the anniversary date of the month for that month’s service.
Payments and Fees:
Accounts that reach 10 days past due will be suspended. Accounts that are not collectible by Blue Collar Web Consulting, LLC may be turned over to an outside collection agency for collection. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. After 10 days, reaching out to a client with a past due account, Blue Collar Web Consulting will determine with that client if the problem can be quickly overcome and anniversary date payments re-established using the account holders payment dashboard. Without direct and prompt communications back from the client to automated or management email notices of payment due, Blue Collar Web Consulting will suspend the account and terminate the hosting (the client site will then not be available online). A terminated account can be retrieved within 30 business days with a new hosting agreement. The new hosting agreement may not be the same price as the account prior to termination.
Failure to Pay
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Requests for canceling accounts may be made in writing in email. The client and Blue Collar Web Consulting Inc. may terminate the hosting for no other reason than to allow either party to move on if they are dissatisfied with the month to month relationship. Blue Collar Web Consulting Inc. protects your data and will furnish any client all their content, databases and DNS set up, making it entirely portable. This means any other host or developer that provides WordPress hosting and development services can recreate a client site in hours or even less.
Disclosure to Law Enforcement
At Blue Collar Web Consulting, LLC, we specifically forbid the use of our service for any unlawful activities. Therefore, User agrees that the Company may reveal any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Blue Collar Web Consulting, LLC shall have the right to terminate all service set forth in this Agreement.
Blue Collar Web Consulting, LLC, provides technical support to our subscribers and our staff is limited to our area of expertise. The following are our guidelines when providing support: Blue Collar Web Consulting, LLC does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Blue Collar Web Consulting, LLC does not provide technical support for YOUR contractors or vendors. If you can email, we encourage you to do so as it allows us to answer your support inquiries most efficiently.
SPAM and Unsolicited Commercial Email (UCE)
Blue Collar Web Consulting, LLC takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Blue Collar Web Consulting, LLC may not use or permit others to use our network to transact in UCE. Customers of Blue Collar Web Consulting, LLC may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of Blue Collar Web Consulting, LLC’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Blue Collar Web Consulting, LLC will initiate an immediate investigation (within 48 hours of notification). During the investigation, Blue Collar Web Consulting, LLC may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Blue Collar Web Consulting, LLC may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Blue Collar Web Consulting, LLC reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Blue Collar Web Consulting, LLC will notify law enforcement officials if the violation is believed to be a criminal offense. As our Customers are ultimately responsible for the actions of their clients over the Blue Collar Web Consulting, LLC network, it is advisable that customers develop a similar, or stricter, policy for their clients.
Network Bandwidth – Storage Allotment and Disk Usage
Customer agrees that bandwidth and disk usage on a single website shall not exceed 32G per month for the Services ordered by the individual customer on a per website monthly hosting subscription with Blue Collar Web Consulting Inc. Blue Collar Web Consulting, LLC will monitor Customer’s bandwidth and disk usage. Bandwidth over the allotment is charged nominally at $0.50/GB Monthly.
All accounts are allocated 3GB of storage for all content. The storage consists of the database, media content (images), plugin software and themes. We do not permit uploads of video’s without our consent. A short (under 100mb) is permissible but with the advent of youtube, vimeo and other free hosting services which allow you to embed the video easily on your site hosted by Blue Collar Web Consulting Inc. That said, most owners that have a regular business website could store 2400 high quality images and not go over the allocation. A $20.00 per month charge per extra 5GB (gigabyte) per website is available upon request.
Blue Collar Web Consulting, LLC shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Blue Collar Web Consulting, LLC’s sole and absolute discretion. If Blue Collar Web Consulting, LLC takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Blue Collar Web Consulting, LLC may, at its sole discretion, collect a deposit, in an amount determined by Blue Collar Web Consulting, LLC, against customer’s payment information on file with Blue Collar Web Consulting, LLC
System and Network Security
Users are prohibited from violating or attempting to violate the security of the Blue Collar Web Consulting, LLC network. Violations of system or network security may result in civil or criminal liability. Blue Collar Web Consulting, LLC will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation
Blue Collar Web Consulting, LLC is under no duty to look at each customer’s or user’s activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.
You must provide us with, and keep current, good contact information for you. E-mail, and telephone contacts are used, in that order of preference.
Blue Collar Web Consulting, LLC takes no responsibility for any material input by others and not posted to the Online Net Hosting Network by Blue Collar Web Consulting, LLC Blue Collar Web Consulting, LLC is not responsible for the content of any other web sites linked to the Blue Collar Web Consulting, LLC Network links are provided as Internet navigation tools only. Blue Collar Web Consulting, LLC disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy. Blue Collar Web Consulting, LLC is not responsible for any damages your business may suffer. Blue Collar Web Consulting, LLC does not make implied or written warranties for any of our services. Blue Collar Web Consulting, LLC denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Blue Collar Web Consulting, LLC.
30 days Money Back & Cancellation Policy
Money back guarantee on all our web hosting plans and packages: To prove to you how confident we are in our services, we will offer you a 30 day money back guarantee on web hosting plans and packages. Other services are non-refundable.
- Guarantee applies to first time purchasers only.
- 30 Day period begins when hosting login information is received.
- Refund will be provided only if customer experiences technical problems caused or related to items 100% controlled by Blue Collar Web Consulting, LLC
- Refund is granted by Blue Collar Web Consulting, LLC’s sole discretion.
- Refund decisions made by Blue Collar Web Consulting, LLC are final.
- Service used percentage will be deducted while making the refunds.
Blue Collar Web Consulting, LLC will not issue refunds to users who have their account terminated by Blue Collar Web Consulting, LLC, for breach of our terms of service. Refunds will not be made to users who exceed their allocated bandwidth limit. Accounts that are renewed for additional terms are also not subject to our money back guarantees.
Backups & Responsibility for Content
You, as Blue Collar Web Consulting, LLC’s customer, are solely responsible for the content stored on and served from your WordPress installation via our Nginx Ubuntu Servers.
Blue Collar Web Consulting, LLC is not responsible for back ups that contain corrupted data whether by mistake or because someone obtained access to your dashboard (unattended computer while logged in) or by third parties that obtained your login credentials by mistake or having forced their way into your email or computer records.
By default Blue Collar Web Consulting keeps 2 weeks (14 days) of database backups that can be made available along with a copy of the entire /wp-content folder for migration to another service or used to restore your site to a prior time (last 14 days). It is your sole responsibility to ensure your site is up to date and if your data does get corrupted that it is well within that window of 14 days so an emergency restoration can be completed. Any new data, posts, pages or content authored “after” the restoration database copy date will be lost. You should keep a local copy of your content (pages, blog posts etc in Google Drive or One Drive for safekeeping). It is a good and best practice to author content in the cloud and to store images as well that are on your live site.
All provisions of this contract are subject to the TOS (Terms of Service) of Blue Collar Web Consulting, LLC and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of Blue Collar Web Consulting, LLC Subscriber understands that change to the AUP by Blue Collar Web Consulting, LLC shall not be grounds for early contract termination or non-payment.