Blue Nebula Hosting, LLC
Effective Date: May 26, 2025

Terms of Service

Welcome to Blue Nebula Hosting, LLC (“Blue Nebula Hosting,” “we,” “us,” or “our”). These Terms of Service (“ToS” or “Agreement”) govern your use of our shared hosting services (the “Services”) offered at https://bluenebulahosting.com and any related websites, customer portals, or interfaces (collectively, the “Site”). By registering for or using any Blue Nebula Hosting Services, you agree to be bound by these Terms of Service, our Privacy Policy (linked below), and any other guidelines, rules, or policies that we may publish from time to time. If you do not agree with any part of this Agreement, you must not use our Services.

1. Formation and Contact Information

1.1 Company Information. Blue Nebula Hosting, LLC (“Blue Nebula Hosting”) is currently in the process of forming as a West Virginia limited liability company. Our designated legal contact email is legal@bluenebulahosting.com. We have no physical address at this time; all official correspondence may be sent electronically to legal@bluenebulahosting.com.

1.2 Changes to Company Structure. If we incorporate or change our legal form, we will update this Agreement to reflect our official corporate name and registered address.

2. Scope of Services

2.1 Initial Offerings. At launch, Blue Nebula Hosting offers Shared Hosting only. In the future, we may expand to offer Virtual Private Servers (“VPS”), domain registration, dedicated servers, or other internet hosting–related services. This Agreement governs all current and future offerings unless a specific service has its own separate agreement or policy.

2.2 Shared Hosting. Our Shared Hosting plans provide customers (“you” or “Customer”) with disk space, bandwidth, email accounts, databases, and other resources (as detailed in our published service packages). All Shared Hosting accounts reside on servers provided by our upstream provider (the “Upstream Provider”), whose Acceptable Use Policy is incorporated into this Agreement by reference (see Section 6 below).

2.3 Future Services. If and when Blue Nebula Hosting introduces VPS or domain registration, those services will be governed by this ToS plus any additional module-specific terms we publish at the time.

3. Eligibility; Account Registration

3.1 Eligibility. You must be at least 18 years old and capable of forming a binding contract under West Virginia law. By registering for an account, you represent and warrant that you meet these requirements.

3.2 Account Registration. To use our Services, you must create an account on the Site, provide true, accurate, current, and complete information about yourself (including a valid email address), and keep that information up to date. You are responsible for all activity that occurs under your account. You must not share your password or account credentials with anyone. If you suspect your password has been compromised, you agree to notify us immediately at legal@bluenebulahosting.com.

3.3 Account Suspension/Termination for Inactive or Fraudulent Accounts. We reserve the right to suspend or terminate any account that is inactive for more than 60 days, or that we reasonably believe is fraudulent, abusive, or in violation of this Agreement.

4. Payment, Fees, and Refunds

4.1 Pricing & Billing Cycles. Blue Nebula Hosting offers monthly and yearly billing cycles for Shared Hosting. All prices are stated in U.S. dollars and are subject to change upon 30 days’ notice on our Site. Your first invoice is due upon signup; subsequent invoices will recur automatically on the anniversary of your billing date (monthly or yearly).

4.2 Payment Methods. We accept payment by major credit/debit cards (Visa, MasterCard, American Express), PayPal, and other methods we may announce on our Site. All recurring payments will be automatically charged to the payment method on file unless you cancel or update your payment method prior to the invoice due date.

4.3 No Setup Fees or Deposits. We do not charge any one-time setup fees or deposits for Shared Hosting.

4.4 Refund Policy.
a. First Month Refund. You may request a full refund of your first month’s hosting fees within 30 days of account activation, provided no more than one invoice has been paid and you have not violated any portion of this Agreement. To request a refund, submit a support ticket or email legal@bluenebulahosting.com.
b. After First Month. All payments beyond your first month are non-refundable. We do not offer pro-rated refunds, partial refunds, or credits for cancellation during an active billing period.

4.5 Late Fees & Suspension for Non-Payment.
a. Late Fees. If payment is not received by the due date, your account will be assessed a $5 late fee.
b. Suspension for Non-Payment. If payment remains outstanding two (2) days after the invoice due date (including late fee), we will suspend your Services at midnight on that day. A suspended account will incur additional late fees as long as it remains unpaid.
c. Termination for Prolonged Non-Payment. If payment is not received within 48 hours of suspension, we may terminate your account and recycle all resources (including data) without further notice. Service termination immediately erases your data; data is not recoverable.

4.6 Chargebacks. Any chargebacks on credit card or PayPal payments are subject to a $25 chargeback fee, and we reserve the right to terminate all Services and recycle your resources immediately if a chargeback is filed.

4.7 Resellers. If you are a reseller, you remain fully responsible for all payments, including any chargeback fees. Reseller customers cannot pay you directly via PayPal or credit card; payments must flow through your Blue Nebula Hosting account only. Any violation (e.g., a reseller customer paying you directly via PayPal) is subject to immediate termination of Services and recycling of resources.

5. Service Levels & Support

5.1 Uptime Guarantee & SLA. We guarantee 99.9% network uptime for our Shared Hosting servers (measured monthly). If we fail to meet this guarantee in any given month, you may request a credit of up to 5% of that month’s hosting fees. To file a credit claim, open a support ticket within 7 days after the month ends and provide logs or evidence of downtime. Credit requests received after 7 days will be automatically denied.

5.2 Excluded Downtime. Downtime caused by force majeure (e.g., acts of God, power failure, natural disaster, war, strikes, government action) or by your own actions (e.g., misconfiguration, custom code errors) is not eligible for any credit. Scheduled maintenance (notified at least 24 hours in advance) is also excluded.

5.3 Support Scope.
a. We provide 24/7 ticket-based technical support for server-related issues (hardware failures, control panel access, network connectivity, server security/patching).
b. We do not provide support for your websites, applications, or content. You are solely responsible for installing, configuring, securing, and troubleshooting any software or scripts you host.

5.4 Support Terms. Our response target time on critical/high-priority tickets is 2–4 hours; for normal tickets, up to 24 hours. Priority is given to issues affecting all customers (e.g., network outages) or critical server failures.

6. Acceptable Use Policy (AUP)

NOTE: The following AUP is primarily derived from the Uptream Provider’s policy (Section 6) and applies to all Blue Nebula Hosting customers. By using our Services, you agree to the following:

6.1 Content Responsibility. You alone are responsible for the development, maintenance, backup, and compliance of your content. You must ensure that your content complies with applicable law, this AUP, and does not infringe any third party’s rights.

6.2 Backup & Security. You are solely responsible for configuring and using the Service. You must perform regular backups of your data (we recommend daily to a remote location). Failure to maintain backups may result in irretrievable data loss in the event of hardware failure or other disruptions.

6.3 Your Acts are Your Responsibility. Any action you facilitate, or permit, relating to the use of your content or the Service is deemed an act by you (including actions by employees, contractors, affiliates, or end users).

6.4 Prohibited Activities & Content. You may not use the Service (or encourage others to use it) to transmit, store, display, distribute, or make available any content that is illegal, harmful, or offensive. Prohibited activities include, but are not limited to:
(a) Illegal Activities. Promoting or engaging in any illegal activity, including gambling, distribution of child pornography, or violation of U.S. federal, state, or local law. We may disclose your information to authorities if required.
(b) Harmful or Fraudulent Activities. Fraudulent schemes (Ponzi, pyramid), phishing, pharming, identity theft, or deceptive practices that harm others or our reputation.
(c) Infringing Content. Uploading material that violates copyright, trademark, or other intellectual property rights.
(d) Offensive Content. Defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable content. This includes child exploitation, hate speech, harassment, or non-consensual sexual material. Nude art or adult content is permitted only if it complies with U.S. federal law and West Virginia regulations.
(e) Malicious Software & Hacking Tools. Distributing viruses, trojans, worms, keyloggers, hacking tools, or instructing others to engage in hacking, cracking, or other illicit behavior.
(f) Security Violations. Attempting to violate the security or integrity of any network, system, or device.
(g) Network Abuse. Denial of service (DoS/DDoS), network scanning/crawling without permission, open proxies, open mail relays, or any traffic that disrupts our network. IRC servers, ROMs/emulators, or unauthorized CDN installation are strictly prohibited.
(h) Spam & Unsolicited Messaging. Sending unsolicited mass emails (UCE), obscuring mail headers, or referencing Blue Nebula Hosting in spam emails.

6.5 Monitoring & Enforcement. We reserve the right (but not the obligation) to monitor your content and activity. We may investigate suspected violations of this AUP, and immediately suspend or terminate your Service without notice or refund, or remove or disable access to any content that violates this Agreement. We may also cooperate with law enforcement.

6.6 Reporting Violations. If you become aware of any violation of this AUP, notify us immediately through our ticketing system or legal@bluenebulahosting.com.

7. Customer Duties & Responsibilities

7.1 Adequate Rights & Warranties. You represent and warrant that you have all necessary rights to your content (“Your Content”), that it does not infringe any third-party rights, and that your use of the Service will comply with applicable law and this Agreement.

7.2 License Grant & Restrictions. Subject to your compliance with this Agreement, Blue Nebula Hosting grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services as permitted. Any violation of this Agreement immediately terminates that license.

7.3 Backup & Security. You alone are responsible for backing up your data and maintaining the security of your account credentials, passwords, and applications. Blue Nebula Hosting assumes no liability for any loss of data due to your failure to backup.

8. Indemnification

8.1 Customer Indemnification. You agree to defend, indemnify, and hold harmless Blue Nebula Hosting and its officers, directors, members, employees, agents, and affiliates (the “Indemnitees”) from and against any claims, demands, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to:
(a) Your use of the Services (including actions under your account);
(b) Any breach by you of this Agreement or violation of applicable law;
(c) Your Content, or any claim that Your Content infringes or misappropriates any third-party rights;
(d) Any negligent or willful act or omission by you; or
(e) Your failure to backup or secure your data.

8.2 Process. We will notify you of any claim requiring indemnification. You may choose defense counsel (subject to our written consent). We may assume control of defense at our discretion. Your obligations under this Section 8 survive termination of this Agreement.

9. Limitation of Liability & Disclaimers

9.1 Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BLUE NEBULA HOSTING NOR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR DAMAGES FOR LOSS OF GOODWILL OR REPUTATION), ARISING OUT OF OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR INABILITY TO USE THE SERVICES; (iii) ANY CONTENT, SOFTWARE, OR INFORMATION PROVIDED BY THIRD PARTIES THROUGH THE SERVICES; OR (iv) UNANTICIPATED OR UNSCHEDULED DOWNTIME FOR ANY REASON (POWER OUTAGE, SYSTEM FAILURE, HUMAN ERROR, ETC.), EVEN IF BLUE NEBULA HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY, THEN BLUE NEBULA HOSTING’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED $100 IN THE AGGREGATE.

9.2 Disclaimer of Warranties.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. BLUE NEBULA HOSTING DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

10. Termination and Suspension

10.1 Suspension for Cause. We may suspend your Services (including disabling your account login and/or website) immediately, without notice or refund, if we determine:
(a) Your use of the Service violates this Agreement or presents a security risk;
(b) You fail to pay any invoice or late fee within 48 hours of the due date;
(c) You become insolvent, cease ordinary business, file bankruptcy, or make an assignment for the benefit of creditors.
Upon suspension, you remain responsible for all fees incurred through the date of suspension.

10.2 Termination.
(a) By You. You may terminate this Agreement at any time by canceling your account via the Blue Nebula Hosting customer portal. Termination does not entitle you to any refund beyond any remaining first‐month refund eligibility (see Section 4.4).
(b) By Blue Nebula Hosting. We may terminate this Agreement at any time, for any reason, including if our upstream provider revokes their relationship or if you breach this Agreement. Termination is immediate upon notice.

10.3 Termination Impact.
(a) Upon termination, all rights granted to you immediately terminate, and you remain responsible for all fees and charges incurred through the date of termination.
(b) Account termination immediately erases all data on our servers; Blue Nebula Hosting is not responsible for retrieving any lost data. Any post-termination assistance is at Blue Nebula Hosting’s sole discretion and only if expressly agreed in writing by a manager. Customer service representatives do not have authority to grant post-termination assistance.

11. DMCA & Copyright Infringement

11.1 Designated Agent. In accordance with the Digital Millennium Copyright Act (“DMCA”), Blue Nebula Hosting’s designated agent for notice of copyright infringement is:

Legal Department   Blue Nebula Hosting, LLC   Email: dmca@bluenebulahosting.com

11.2 Notice and Takedown Procedure. If you believe any User Content hosted on our servers infringes your copyright, you may notify our DMCA Agent by providing a written, signed notice that includes the following:
(a) A physical or electronic signature of the copyright owner (or a person authorized to act on behalf of the owner);
(b) Identification of the copyrighted work claimed to be infringed, with enough detail for us to locate the material;
(c) Identification of the allegedly infringing material (including its location on the Site);
(d) Contact information for you (address, telephone number, email);
(e) A statement that you have a good‐faith belief that use of the material is not authorized by the copyright owner, its agent, or the law;
(f) A statement that the information in your notice is accurate, and under penalty of perjury, you are the copyright owner or authorized to act on behalf of the owner.

11.3 Counter-Notification. If material you posted is removed for alleged infringement, you may send a counter-notification to the DMCA Agent asserting a good-faith belief that the removal was a mistake or misidentification. The counter-notification must include:
(a) Your physical or electronic signature;
(b) Identification of the removed material and its former location;
(c) A statement under penalty of perjury that you have a good-faith belief the removal was in error;
(d) Your name, address, telephone number, and a statement consenting to jurisdiction in West Virginia district court (or applicable U.S. judicial district) and agreeing to accept service of process from the person who provided the original infringement notice.

12. Privacy & Data Protection

12.1 Privacy Policy. Our practices regarding collection and use of personal information are described in our Privacy Policy, available at https://bluenebulahosting.com/privacy. By using the Services, you consent to the collection, use, and disclosure of information as described in that policy.

12.2 Personal Data. We collect personal information such as name, billing address, email, and payment details to provide and bill for Services. We do not intentionally collect sensitive personal data (race, health, religion). We do not outsource backups or data storage to third parties without notifying you.

12.3 GDPR/CCPA. While Blue Nebula Hosting is not subject to GDPR compliance by virtue of our physical location, we will process any user requests to access, delete, or correct personal data to the extent required by applicable law where feasible.

13. Governing Law and Venue

13.1 Governing Law. This Agreement and all disputes arising out of or relating to it will be governed by and construed in accordance with the laws of the State of West Virginia (excluding its conflict-of-law principles).

13.2 Venue. Any legal suit, action, or proceeding arising out of or relating to this Agreement must be instituted exclusively in the federal or state courts located in Kanawha County, West Virginia. You waive any objection to jurisdiction and venue in those courts.

14. General Provisions

14.1 No Arbitration. You and Blue Nebula Hosting agree that any dispute will not be resolved by mandatory arbitration; rather, it will be resolved in the courts specified in Section 13.

14.2 Assignment. You may not assign or transfer your rights under this Agreement without our prior written consent. We may assign or transfer our rights and obligations at any time without restriction.

14.3 Severability. If any provision of this Agreement is found invalid or unenforceable, that provision will be deemed stricken and the remaining provisions will remain in full force and effect.

14.4 Waiver. No waiver of any breach of this Agreement will be deemed a waiver of any subsequent breach.

14.5 Entire Agreement. This Agreement (including any documents incorporated by reference) constitutes the entire understanding between you and Blue Nebula Hosting regarding the Services and supersedes all prior agreements, proposals, or representations, whether oral or written.

14.6 Notices. We may give notice by posting on our Site or by emailing the address you provided. You may give notice to us by emailing legal@bluenebulahosting.com. All notices are deemed given 24 hours after email transmission or when posted on the Site.

14.7 Force Majeure. Neither party will be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, war, terrorism, strikes, civil unrest, or governmental action.

Appendix A: Definitions of Key Terms

• “Account” – Your unique Blue Nebula Hosting user profile, including login credentials.
• “Services” – The shared hosting services (and any future offerings) provided by Blue Nebula Hosting.
• “Site” – https://bluenebulahosting.com and any associated web portal or interface.
• “User Content” or “Your Content” – Any files, data, or materials you upload, store, or host on Blue Nebula Hosting servers.
• “Upstream Provider” – The third-party data center/provider whose hardware we use to deploy Shared Hosting environments.
• “Invoice” – A request for payment for the Services.
• “Late Fee” – A $5 charge added to your account for missed or overdue payments.
• “Billing Date” – The day each month or year when your invoice is generated.

Appendix B: Key Email Addresses

• Legal & Notice Email: legal@bluenebulahosting.com (via ticketing portal)
• DMCA Agent Email: dmca@bluenebulahosting.com (via ticketing portal)
• Billing: billing@bluenebulahosting.com (via ticketing portal)
• Support: support@bluenebulahosting.com (via ticketing portal)

Last Updated: May 26, 2025

Blue Nebula Hosting, LLC reserves the right to modify this Agreement at any time. We will notify you of material changes via email and/or a prominent notice on our Site at least 30 days before they take effect. Your continued use of the Services after that notice constitutes acceptance of the updated terms.