Terms of Service
This Terms of Service (the “Agreement”) is a legally binding contract between BLUE CREEK VALLEY (the “Company”) and you (the “Client”) that shall govern the purchase and use, in any manner, of services provided by the Company to the Client (collectively, the “Services”). By purchasing or using the Services in any manner, the Client represents that he has read, understand, and agrees to all terms and conditions set forth in the Agreement, and that he is at least eighteen (18) years old and has the legal ability to engage in a contract in the State of North Carolina. If the Client does not accept the Agreement and all terms and conditions set forth within, he should not purchase or use, in any manner, Services from the Company or, if he has already purchased Services, he should contact the Company immediately to terminate the Agreement. It is further understood that the Agreement is subject to change from time-to-time, in whole or in part, without notice.
TERM OF AGREEMENT
The Agreement becomes effective immediately upon submission of an order by the Client for a period of time as specified on the original order form (the “Billing Term”). Following the expiration of any Billing Term, the Agreement shall automatically renew for an equivalent period of time unless terminated by either party as outlined below.
OBEYING THE LAW
As BLUE CREEK VALLEY is located within the United States of America, we are required to follow any and all US laws. This provision applies to all Services provided and maintained by BLUE CREEK VALLEY, whether located within the US or other countries.
PAYMENT AND FEES
The Company will automatically bill the credit card on file for the Client one day before the new Billing Term. All fees are billed in United States Dollars (“USD”) and are subject to change at anytime with thirty (30) days prior notice to the Client. It is the responsibility of the Client to ensure that all billing information on file with the Company is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. Any account not paid in full by the end of the first day of the Billing Term will be subject to a “Late Penalty” the greater of 10% of the past due amount or minimum of $3.00 USD. Following five (5) days of non-payment, the Company reserves the right to Suspend Services. Once the account is suspended there will be a $25.00 fee to have service restored. And to subsequently terminate Services after thirty (30) days following suspension of Services. The Company is not responsible for any damages or losses as a result of suspension or termination for non-payment by the Client.
SPECIAL TERMS FOR MAIL IN PAYMENTS
If a Client requests to pay by sending the payment to our PO Box 667332 Charlotte, NC 28266 the invoice will be set to Mail in Payment in our billing system. If the check is not received by the due date, the company reserves the right to charge the Clients credit card on file for the amount owed to prevent late fees from being charged to the Client. If the check is received after Clients card is charged the company with send the check back to the Client without depositing it.
We offer several billing cycle options:
You can switch between cycles by emailing email@example.com and request a cycle change.
We will work with you to make you satisfied with our work. However, if a refund is requested and granted, all property created by BLUE CREEK VALLEY including graphics, content, and code, will remain the property of BLUE CREEK VALLEY.
A refund will not take effect in any of the following events:
You have approved your site design, logo design, you have approved the start of development, or your site has been fully developed. If a project is cancelled or postponed, all monies paid are retained by BLUE CREEK VALLEY and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
Payments for Search Engine Optimization, Internet Marketing and Social Media Optimization services are nonrefundable, and BLUE CREEK VALLEY does not issue pro rate refunds for fees paid in advance. Once a payment or deposit is made, it is non-refundable. All Setup fees are nonrefundable as it is applied to costs immediately incurred by BLUE CREEK VALLEY in initiating services.
If the party for whom any logo or site design has been created closes, changes its name, or changes its activity.
If you do not communicate with BLUE CREEK VALLEY for more than 30 days following the submission of logo design, web design, or web development.
Client fails to produce needed materials, imagery, or content agreed upon prior to starting project.
We offer a thirty (30) day money back guarantee on web hosting. No refunds are offered on virtual private server (VPS) packages, dedicated server packages, custom packages, setup fees, domain registrations or transfers, SSL certificates, dedicated IP addresses, or software licenses or website programming and development. Additionally, a service fee will be assessed to refunds on any account with a free/included SSL certificate (at $39.95 per year). Refunds are not offered for accounts that are suspended or terminated for violating the Agreement. Refunds are only available for new Clients. If the Client previously had Services with the Company, whether or not a refund was received, the Client would not be eligible for a refund. The Company reserves the right to refuse a refund at anytime for any or no reason. Refunds will be issued only to the payment method that the original payment was sent from, and may take up to 2-3 weeks for processing. We do not issue refunds via check, alternate credit cards, or other payment methods. In any event, no refunds are offered after the first thirty (30) days of Service.
Any account that remains unpaid after thirty (30) days may be submitted to an outside collections agency and reported to all major credit bureaus. The Client agrees to pay a “Collections Fee” of $35.00 USD in the event that his account is submitted to an outside agency for collections. If further civil or criminal actions are deemed necessary to collect a debt, the Client agrees to pay all associated costs including court costs and reasonable attorney’s fees.
CHARGE BACKS, REVERSALS, AND RETRIEVALS
All disputes and overcharges must be reported directly to the Company, in writing, within thirty (30) days. Any Client that initiates a charge back, reversal, retrieval request, or other dispute with their credit card issuing bank and/or PayPal (“Dispute”) will be immediately suspended or terminated pending investigation. The Client agrees to pay a “Research Fee” of $35.00 USD per Dispute regardless of the actual validity of the charge.
CANCELLATION OF SERVICES
The Client may cancel service by providing no less than forty-eight hours (48) hours prior notice by contacting us through the form HERE. BLUE CREEK VALLEY does not accept cancellations via telephone, live chat, or any other method except by the link above. If cancellation notice is not received within the required time frame, the Client will be billed for the next Billing Term and responsible for payment as set forth above. The 48 hours is strictly enforced.
REFUSAL OF SERVICE
The Company reserves the right to refuse service to any person at Company’s discretion. The Company further reserves the right to deny service to any script, program, software, or other service at Company’s discretion. Such refusal can occur at any time, for any or no reason, and without explanation.
SUSPENSION AND TERMINATION OF SERVICES
The Company reserves the right to suspend or terminate the Agreement and all associated Services at anytime without notice and for any or no reason including, but not limited to, breach of any provision of the Agreement. The Company is not responsible for any damages or loss of data resulting from such suspension or termination. Suspension for Non Payment: Once service is suspended access to all files and email are revoked until payment is made. If Client wants a copy of the files before termination we charge $100.00 for a full server backup file.
Each Client is required to utilize as little server resources as possible, so as to allow for reasonable performance by all BLUE CREEK VALLEY Clients. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. The Company reserves the right to suspend or terminate Services on any account that, at our sole discretion, is abusing server resources. Such suspension or termination can occur at anytime without prior warning, and for any or no reason.
BLUE CREEK VALLEY reserves the right to add, modify, or remove any or all features from any service The Company provides, at any time, with or without notification. This includes, but is not limited to, disk space limits, bandwidth limits, domain limits, pricing, and 3rd party applications. These changes can be made for any or no reason. The Company does not guarantee the availability of any feature, whether written or implied.
BLUE CREEK VALLEY guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the time in any given calendar month. If we fail to meet our Uptime Guarantee, you will be issued a credit equivalent to one (1) day of service per sixty (60) minutes downtime. The first 60 minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service. Credits are available only for future services/invoices and will not be issued as refunds. Requests sent via email or support ticket will not be accepted. All credit requests must be sent via our official request form HERE no later than the tenth (10th) day of the month following the SLA violation. Credits are issued based on the uptime for the previous calendar month only. For example, if you experienced less than 99.9% uptime in the month of November, you would need to submit your request for credit no later than December 10th. Requests not submitted within the required time frame will not be accepted – no exceptions. The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: Scheduled maintenance, DDoS or similar attack, hardware failure, third-party software failure, Client fault/error, issues with Client ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control. This clause does not apply to subscribers of Virtual Dedicated Server (VDS) or Dedicated Server packages. We reserve the right to deny any credit request for any or no reason.
The Company will provide technical support to the Client twenty-four (24) hours a day, three-hundred-sixty-five (365) days a year, with the exception of few holidays and brief company meetings. The only official method for technical support is via our helpdesk which can be reached by sending an e mail to firstname.lastname@example.org from a registered email address. Telephone and live chat support are not official methods of support and are governed by the terms and conditions set forth in the following clause.
TELEPHONE / LIVE CHAT SUPPORT POLICY
Limited support will be provided, at our discretion and subject to availability of staff, via telephone and/or live chat. Telephone and live chat options are not official methods of support and no guarantee is made as to the availability, accessibility, or technical expertise provided via these mediums. Any inquiries via telephone or live chat support must be limited to general questions which do not require access to any account or server to investigate or resolve; and may not be used to request the status of or provide updates to a help desk ticket. Any issue requiring investigation, research, or access to an account/server must be sent via the help desk. We reserve the right to direct any issue to the help desk at our discretion and to refuse to provide support for such issue via telephone or live chat. Telephone and live chat support options are considered to be privileges that are subject to revocation at our discretion for any or no reason.
ADVANCED SUPPORT POLICY
Support to the Client is limited to our area of expertise and is available only for issues related to the physical functioning of the Services. We do not provide support for any 3rd party software including, but not limited to, software offered by but not developed by the Company. We reserve the right to refuse assistance with and/or assess an “Advanced Support Fee” of $75.00 USD per hour (1 hour minimum) for any issue that, at our sole discretion, is: (a) outside the scope of standard support; or (b) caused by Client error.
Any and all abusive actions directed towards our staff will not be tolerated. If you use foul language, threaten us, or do anything else that we may find offensive, you will be subject to, at the Company’s sole discretion, suspension or termination of Services without refund, with or without notice. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or chargeback.
As an added no-charge service, BLUE CREEK VALLEY performs occasional backups of its servers that house its web hosting and packages. No backups are performed for virtual private server (VPS) or dedicated server packages, unless the Client specifically purchases an additional service for this purpose. Any and all backup services provided by InMostion hosting, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity. The Client agrees to maintain a backup of their data at all times on equipment not maintained by InMotion hosting, or its Client fail to retain a backup of their data during an instance of data loss or corruption, and BLUE CREEK VALLEY does not hold a recent or valid copy, the Client agrees to not hold BLUE CREEK VALLEY liable, as defined in the section “Limitation of Liability”. If the Client requires BLUE CREEK VALLEY to restore a backup of their data that is located on a backup server maintained by the Company, the Client agrees to pay a “Restoration Fee” of $10.00 USD to complete the request. This fee is non-refundable, even if the Client is not satisfied with the completion of the request. The Client also confirms a backup restoration will overwrite any and all current data on the Client’s account. BLUE CREEK VALLEY cannot be held liable if a backup restoration does not complete successfully.
DOMAIN NAME REGISTRATIONS, TRANSFERS, AND RENEWALS
BLUE CREEK VALLEY will make every effort to ensure domain names are registered, transferred, or renewed on time. If a domain name registration, renewal, or transfer is not processed when due, it is the Client’s responsibility to contact the Company within fifteen (15) days of the incident for us to investigate. Redemption fees may be charged to the Client for domains that remain expired for more than 30 days, when no contact is made to the Company in the required timeframe. BLUE CREEK VALLEY liability is limited to the amount paid for the domain name.
IP ADDRESS ALLOCATION
Each hosting account by default is assigned a shared IP address. This shared IP address is shared among multiple other Clients that are located on the same server. If a dedicated IP address is requested by the Client, there must be a technical need for the IP, in which the account would fail to function properly without one. BLUE CREEK VALLEY does not provide dedicated IP addresses for the use of Search Engine Optimization (SEO), and all requests must be approved by BLUE CREEK VALLEY prior to assignment. Dedicated IP requests can be denied for any or no reason.
ACCEPTABLE USAGE POLICY
The Client shall use the Company’s services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the laws of the State of North Carolina, or the United States is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets or other statutes. The Client agrees to indemnify and hold harmless BLUE CREEK VALLEY from any claims resulting from the use of the service which damages the Client or any other party affiliates. The following contents, links, or actions on any Services would constitute a violation of the Agreement: Pornography | Child Pornography: Hosting Distributing and/or Linking to Pornography Involving a Person Under Legal Age | Copyright Infringement: Hosting, Distributing, or Linking to Copyright Infringed Materials | CPU/Memory/Resource Abuse: Consuming Excessive Amount of Server Resources Causing Server Performance Issues | DDoS Source: Source of Distributed Denial of Service Attack | DDoS Target: Target of Distributed Denial of Service Attack | Forgery: Faking an IP Address, Hostname, E-Mail Address, or Header | Fraud Site: Hosting or Linking to a Website Intended to Deceive the Public | HYIP: Hosting or Linking to a High Yield Investment Program Website | Identity Theft: Hosting, Distributing, or Linking to Stolen Account Identification Information | Infection: Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms | IRC: Hosting Internet Relay Chat Server not Authorized by BLUE CREEK VALLEY’s Hosting Services | Mass Storage: Storing Mass Amounts of Backups, Archives, Videos, etc | Phishing: Identity Theft by Email Under False Pretense | Proxy Site: Hosting of an Anonymous Proxy Server | Spam Email: Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE) | Spam List: Hosting, Distributing, or Linking to Email Address Lists for Spam | Spam Site: A Site Advertised by Spam Email or Spam Web | Ad Ware: Hosting, Distributing, or Linking to Software Designed for Spamming | Spam Web: Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, or Guestbooks | Spamhaus: Spam Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity | Terrorist Site: Hosting or Linking to a Site Advocating Terrorism | Toolz: Hosting, Distributing, or Linking to Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity | Trademark: Hosting, Distributing, or Linking to Trademark Infringed Materials | Warez: Hosting, Distributing, or Linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software | Or any other application or data that the Company finds offensive. Restrictions on Storage Space Usage: All accounts are subject to the following restrictions on storage space usage: Accounts must have valid, working websites, and not violate any previously subscribed terms Accounts are not for use of mass storage of backups, files, audio, video, zip files or others at our discretion Accounts are not for us of mass distribution of files, such as torrents or mirrors Any account found violating these terms may be suspended or terminated without warning.
BLUE CREEK VALLEY does not guarantee the availability of any and all host locations, and reserves the right to add, move, modify, or remove any location at any time without notification. We also reserve the right to deny the transfer of any account to a new location for any or no reason.
Client expressly agrees that use of the Company’s services is at the Client’s sole risk. Neither BLUE CREEK VALLEY its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that the Company’s services will not be interrupted or be error-free; nor do they make any warranty as to the results that might be obtained from the use of the services or as to the accuracy, or reliability of any information service or merchandise contained in or provided through our network, unless otherwise expressly stated in this agreement. Client also acknowledges and accepts that any damages will be limited to no more than 100% of the equivalent of one (1) month of service.
LIMITATION OF LIABILITY
Under no circumstances, including negligence, shall BLUE CREEK VALLEY, its officers, agents or any one else be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to BLUE CREEK VALLEY records, programs or services. Client hereby acknowledges that this paragraph shall apply to all contents on all servers.
Client agrees that it shall defend, indemnify, save and hold BLUE CREEK VALLEY harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees (“Liabilities”), asserted against the Company, its agents, its Clients, servants officers and employees, that may arise or result from any Services provided, or performed, or agreed to be performed; or any product sold by the Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless BLUE CREEK VALLEY against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (ii) any material supplied by the Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on BLUE CREEK VALLEY servers.
ARBITRATION AND WAIVER OF JURY TRIAL
By using any BLUE CREEK VALLEY services, you agree to submit to binding arbitration. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Each party agrees that any action arising out of or in connection with this Agreement shall be handled by an arbitrator of BLUE CREEK VALLEY choice. The arbitrator’s award is final and binding on all parties. You, the Client, are also responsible for any and all costs related to such arbitration. The language of this Agreement shall be deemed to be the result of negotiation among the parties and their respective counsel and shall not be construed strictly for or against any party. Each party agrees that, whenever a party is requested to execute one or more documents evidencing such consent, it shall do so immediately.
GOVERNING LAW AND DISPUTES
This agreement shall be governed by the laws of the State of North Carolina, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. Exclusive venue for all disputes arising out of or relating to this agreement shall be the state and federal courts in Mecklenburg, County, North Carolina, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. The Company and the Client agree to renegotiate any term held invalid and to be bound by mutually agreed substitute provision.
Last Updated: September 28, 2019