Agreement between client 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
When an account has an outstanding balance, administrative access to the website backend may be temporarily adjusted, including updating user permissions from Administrator to Editor for a WordPress Managed website, until the account is brought current. Once full payment is received, all administrative permissions, including CPanel, WordPress Administrator, and SFTP logins, will be fully restored.
This change does not prevent you or your team from accessing the website, updating content, managing pages, or continuing normal use of the site. The adjustment only removes system-level administrative permissions, such as the ability to independently add plugins, transfer the website, or modify hosting-related settings.
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 your 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 limits Majestic Sky, LLC’s right to comply with governmental, court, or 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 supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written. A printed version of this agreement and 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
Majestic Sky, LLC guarantees network uptime of 99.9% for all web hosting services. This guarantee ensures that all major routing devices within the Majestic Sky, LLC network remain reachable from the global internet for 99.9% of the time during any given monthly billing cycle.
This guarantee applies specifically to the network infrastructure and hosting environment provided by Majestic Sky, LLC.
In addition to providing network uptime, customers who subscribe to Majestic Sky, LLC WordPress hosting services receive hosting environment management that includes:
Management and maintenance of the latest compatible version of PHP supported by the customer’s website environment.
Maintenance and updates of the latest stable version of WordPress Core, where compatibility allows.
Updates to WordPress plugins to the latest available versions, following applicable compatibility testing and review.
These update services are performed solely for the purpose of maintaining website functionality, security, and hosting compatibility.
The services provided under this hosting agreement are strictly limited to web hosting infrastructure and system-level maintenance.
Web hosting services do not include website design, development, or content modifications, including but not limited to:
Changes to HTML structure or page layouts
Design or visual modifications to the website
Adding or modifying buttons, menus, or navigation elements
Creating new pages or content
Installing or configuring new design elements
Editing CSS styling or theme appearance
Graphic design or branding changes
Content updates, page edits, or text revisions
Customers requesting any of the above services must purchase a separate Website Maintenance or Development Plan offered by Majestic Sky, LLC.
Majestic Sky, LLC reserves the right to decline or quote additional fees for any request that falls outside the scope of the hosting service described in this agreement.
Many possible situations are beyond the control of Majestic Sky, LLC and therefore fall outside the scope of this Service Level Agreement. These situations include, but are not limited to:
Occasionally, network maintenance will be required to maintain performance, stability, and security of the hosting environment. Majestic Sky, LLC will make every reasonable effort to minimize and avoid downtime during such maintenance periods. Customers will receive prior notification of upcoming maintenance at the email address on file. Scheduled maintenance periods are not eligible for SLA credits.
On rare occasions, server hardware may require maintenance, repair, or replacement. Majestic Sky, LLC will take all reasonable steps to minimize downtime associated with such events. Any downtime resulting from hardware maintenance or replacement will not be counted toward the network uptime SLA.
Maintaining server software and operating systems is a necessary part of providing secure and reliable hosting services. Periodic updates, patches, or configuration changes may be required to address security vulnerabilities or improve performance. While such updates typically result in little or no service interruption, Majestic Sky, LLC cannot guarantee zero downtime in all situations.
If a third party not associated with Majestic Sky, LLC initiates a Denial of Service (DoS), Distributed Denial of Service (DDoS), or any other form of malicious attack against a hosted website, server, or the Majestic Sky network infrastructure, Majestic Sky, LLC will take reasonable action to mitigate the attack but cannot guarantee resolution within a specific timeframe.
In the event that Majestic Sky, LLC is required to take action in response to a legal order, subpoena, court directive, or regulatory compliance issue involving a customer account, Majestic Sky, LLC shall not be responsible for any resulting service interruptions or SLA damages.
Majestic Sky, LLC provides hosting support for websites utilizing third-party platforms including but not limited to WordPress, plugins, themes, and third-party integrations. Failures or disruptions caused by such software, including compatibility issues between plugins, themes, or WordPress versions, are not covered under this SLA.
Majestic Sky, LLC will make reasonable efforts to assist in resolving such issues but cannot guarantee resolution times for third-party software problems.
Customers who utilize server management interfaces such as cPanel, Web Host Manager, or similar software may experience disruptions caused by automated updates or software conflicts. While Majestic Sky, LLC will take appropriate steps to diagnose and resolve such issues, no guaranteed resolution timeframe can be provided.
In the event that Majestic Sky, LLC does not meet the guaranteed network uptime of 99.9%, eligible hosting clients may request compensation for verified downtime reported by reliable service monitoring logs.
If downtime occurs and is confirmed to be related to the Majestic Sky network infrastructure, customers may receive a credit equal to ten times (1,000%) the actual duration of the downtime.
For example:
If a hosting server is unreachable for 1 hour beyond the permitted SLA threshold, the customer may receive 10 hours of hosting credit applied to their account.
All compensation is issued solely as account credit toward future services.
All requests for SLA compensation must be submitted within five (5) business days of the incident in question.
The total amount of compensation granted for any given month may not exceed the customer’s monthly recurring hosting fee.
This SLA shall not apply under the following circumstances:
The customer is in breach of the Majestic Sky, LLC Terms of Service
The customer account is past due or in default of payment
The customer’s website or services have been suspended due to policy violations
Duplication of SLA compensation is not permitted. Only one SLA credit may be issued per incident. For example, if multiple service interruptions occur simultaneously (such as a network outage and support system outage), only one SLA credit may be applied.
Majestic Sky, LLC utilizes certain third-party services to facilitate customer communication and support responses. These services may include, but are not limited to:
Chat systems
Support ticket platforms
Email service providers
If the failure of a third-party system prevents Majestic Sky, LLC from meeting response time expectations, the incident will not qualify for SLA compensation.
Majestic Sky, LLC reserves the right, in its sole discretion, to modify or update the Terms under which services are provided.
The most current version of these Terms will supersede all prior versions. Customers are encouraged to periodically review these Terms to remain informed of updates or changes to service policies.
Continued use of Majestic Sky, LLC services constitutes acceptance of the most current version of these Terms.
Majestic Sky, LLC welcomes your questions or comments regarding the terms above:
Majestic Sky, LLC
Berthoud, Colorado 80513
Email Address:
[email protected]
Telephone number:
3035038612
Effective as of March 04, 2020
