Terms and Conditions

 

Majestic Sky, LLC Terms and Conditions

Agreement between User and majesticsky.com


Welcome to majesticsky.com. The majesticsky.com website (the “Site”) is comprised of various web pages operated by Majestic Sky, LLC. www.majesticsky.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of majesticsky.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
 
www.majesticsky.com is a Web Service and Information Site.
 
To provide community members easy to view details about businesses available to the public, including but not limited to: Name of Business, address, email, images, videos, logos, social media accounts, gift cards or services provided, phone numbers, description of services offered or any details provided by the company or others found directly by other public means or persons updating directly via website: www.majesticsky.com. It’s up to each business owner to correct and confirm the information provided and review that information is correct. If a company wishes for information to not be made available from this website please send a written request to [email protected] We will block all information on this website at the request of business owner(s) from their verified business email.

Furthermore, by submitting any information to www.majesticsky.com you agree to abide by these terms of service and to accept mailings from Majestic Sky, LLC. You may unsubscribe at any time and your information will not be sold to any outside sources of Majestic Sky, LLC. You accept the use of cookies up to 60 days from this website, we promise to keep this information secure, but you must not hold Majestic Sky, LLC accountable should any outside source use ‘man in the middle” tactics. We use SSL (HTTPS) on all of our websites to keep your data as secure as possible from the origin server to the end user.
 
Privacy
Your use of majesticsky.com is subject to Majestic Sky, LLC’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
 
Electronic Communications
Visiting majesticsky.com or sending emails to Majestic Sky, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
 
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Majestic Sky, LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Majestic Sky, LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
 
Children Under Thirteen
Majestic Sky, LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use majesticsky.com only with permission of a parent or guardian.
 
Links to Third Party Sites/Third Party Services
www.majesticsky.com may contain links to other websites (“Linked Sites”) such as listed on our portfolio page with past and current clients. The Linked Sites are not under the control of Majestic Sky, LLC and Majestic Sky, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Majestic Sky, LLC is providing these links to you to show our past work of happy customers.
 
Certain services made available via majesticsky.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the majesticsky.com domain, you hereby acknowledge and consent that Majestic Sky, LLC may share such information and data with any third party with whom Majestic Sky, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of majesticsky.com users and customers.
 
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use majesticsky.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Majestic Sky, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
 
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Majestic Sky, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
 
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Majestic Sky, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Majestic Sky, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Majestic Sky, LLC or our licensors except as expressly authorized by these Terms.
 
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
 
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
 
Majestic Sky, LLC has no obligation to monitor the Communication Services. However, Majestic Sky, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Majestic Sky, LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
 
Majestic Sky, LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Majestic Sky, LLC’s sole discretion.
 
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Majestic Sky, LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Majestic Sky, LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Majestic Sky, LLC spokespersons, and their views do not necessarily reflect those of Majestic Sky, LLC.
 
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
 
Materials Provided to majesticsky.com or Posted on Any Majestic Sky, LLC Web Page
Majestic Sky, LLC does not claim ownership of the materials you provide to majesticsky.com (including feedback and suggestions) or post, upload, input or submit to any Majestic Sky, LLC Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Majestic Sky, LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
 
No compensation will be paid with respect to the use of your Submission, as provided herein. Majestic Sky, LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Majestic Sky, LLC’s sole discretion.
 
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
 
International Users
The Service is controlled, operated and administered by Majestic Sky, LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Majestic Sky, LLC Content accessed through majesticsky.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
 
Indemnification
You agree to indemnify, defend and hold harmless Majestic Sky, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Majestic Sky, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Majestic Sky, LLC in asserting any available defenses.
 
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
 
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Majestic Sky, LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
 
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MAJESTIC SKY, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
 
MAJESTIC SKY, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MAJESTIC SKY, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAJESTIC SKY, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MAJESTIC SKY, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
 
Termination/Access Restriction
Majestic Sky, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
 
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Majestic Sky, LLC as a result of this agreement or use of the Site. Majestic Sky, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Majestic Sky, LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Majestic Sky, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
 
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Majestic Sky, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Majestic Sky, LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Network Uptime Service Level Agreement – For all Services

Majestic Sky, LLC guarantees network uptime to be 99.9%. This guarantee assures that all major routing devices within our network are reachable from the global internet 100% of the time.

Network SLA Exclusions

Many possible situations are completely beyond the control of Majestic Sky, LLC, and therefore are not in the scope of this SLA. These situations include:

  • Scheduled Network Maintenance – occasionally network maintenance will be required. Majestic Sky, LLC will do everything possible to minimize and avoid downtime during this maintenance. You will receive prior notification of upcoming maintenance at the e-mail address we have on file. Scheduled maintenance periods are not eligible for SLA credits.
  • Hardware Maintenance – on rare occasions, the hardware in your Dedicated Server may need maintenance or replacement. Majestic Sky, LLC will do everything possible to minimize any downtime in these situations per our hardware replacement SLA. Any downtime incurred as a result of this maintenance will not be counted towards our network SLA.
  • Software Maintenance – an important part of managing a Dedicated Server is keeping the software up to date. If you choose to have Majestic Sky, LLC manage your server, occasional software updates will be required to address security or performance issues. Usually you will experience little or no downtime in these situations, but we cannot guarantee a specific amount of time in all situations.
  • Malicious Attacks – if a third party not associated with Majestic Sky, LLC initiates a “Denial of Service” or other form of disabling attack against your Dedicated Server or major portions of our network,Majestic Sky, LLC will do everything in its power to stop the attack, but cannot guarantee a resolution time.
  • Legal Actions – In the case that a legal action is taken against a customer of Majestic Sky, LLC and Majestic Sky, LLC is required to act in accordance with the order, Majestic Sky, LLC shall not be responsible for any SLA damages.
  • cPanel Issues – if you choose to run cPanel and Web Host Manager on your Dedicated Server, the default install will be configured for automatic updates of cPanel related software. On occasion, one of these automatic updates could adversely affect all or part of the cPanel related software on your server. Majestic Sky, LLC will do whatever is necessary to fix any cPanel related problems, but cannot guarantee a resolution time.

Network SLA Remedy – For all Services

In the event that Majestic Sky, LLC does not meet this SLA, Dedicated Hosting clients will become eligible to request compensation for downtime reported by service monitoring logs. If Majestic Sky, LLC  is or is not directly responsible for causing the downtime, the customer will receive a credit for 10 times (1,000%) the actual amount of downtime. This means that if your server is unreachable for 1 hour (beyond the 0.0% allowed), you will receive 10 hours of credit.

All requests for compensation must be received within 5 business days of the incident in question. The amount of compensation may not exceed the customer’s monthly recurring charge. This SLA does not apply for any month that the customer has been in breach of Majestic Sky, LLC Terms of Service or if the account is in default of payment.

Compensation

All requests for compensation must be received within 5 business days of the incident in question. The amount of compensation may not exceed the customer’s monthly recurring charge. This SLA does not apply for any month that the customer has been in breach of Majestic Sky, LLC Terms of Service or if the account is in default of payment. Duplication of SLA compensation is not allowed. Only one SLA credit may be given per incident. For example: if a network outage SLA event and a phone SLA event happen simultaneously. SLA compensation will only be given for one of the events.

Majestic Sky, LLC utilizes some third party services to provide responses to customers. These include, but are not limited to, our Chat and ticket system. If a third party system’s failure prevents Majestic Sky, LLC from honoring the Response Time SLA requirements the SLA event will be ineligible for compensation.

Changes to Terms
Majestic Sky, LLC reserves the right, in its sole discretion, to change the Terms under which majesticsky.com is offered. The most current version of the Terms will supersede all previous versions. Majestic Sky, LLC encourages you to periodically review the Terms to stay informed of our updates.


Contact Us
Majestic Sky, LLC welcomes your questions or comments regarding the terms above:
 
Majestic Sky, LLC
425 3rd Street #1024
Berthoud, Colorado 80513
 
 
Email Address:
[email protected]
 
Telephone number:
3035038612
 
Effective as of March 04, 2020