These Master Terms ("Master Terms", "Terms of Service", "Terms") apply to all agreements between Majestic Hosting Solutions, LLC ("Majestic", "MHS", "Spin Servers") and you ("Client", "Customer"). Client agrees to these Master Terms as conditions of service. If Spin Servers has reason to suspect that the client is violating any part of these Master Terms, then Spin Servers retains the right to disconnect service and terminate the prior agreement.
By using Spin Server's services, you signify: that you agree to our Master Terms of service, that you agree to transact with us electronically, that you consent to our information practices listed as part of our Acceptable Use Policy below, and that you agree that legal disputes will be resolved in Dallas, Texas in case any disputes arise pertaining to us, our suppliers, or our Services in Dallas, Texas.
We offer our services "AS IS" without warranty.
We may update these Master Terms at any time, as we deem appropriate. If we make any changes that we believe may materially impact your Services, we will let you know by sending an email to the address associated with your service account and updating the Master Terms on our website. If you continue to use our services after we notify you of a change in Terms, we will consider this as your acceptance of the new Terms.
Our Services
Spin Servers agrees to provide services to the client once payment is received. Our services are subject to compliance with our Master Terms, Acceptable Use Policy, and Service Level Agreements. We reserve the right to deny service agreements at our discretion.
Acceptable Use Policy (AUP)
Majestic Hosting Solutions, LLC is a family-friendly hosting company. We do not permit illegal, illicit, or R-rated activity on our servers. This includes pornography, gambling, email spam, web scraping, and virtual activities prohibited by state/federal/international privacy and communication laws. If we have reason to suspect that your activities constitute a violation of the AUP, then we will provide a warning. After the warning, if we have reason to suspect that action has not been taken within 48 hours, we reserve the right to terminate services. If we are compelled by state/federal authorities to terminate activity immediately, we will skip the warning and immediately terminate service. We reserve the right to determine if refund can be made for unused service, based on the type of service, remaining service period, and type of AUP violation.
We also take the DCMA (Digital Millennium Copyright Act) very seriously. If we must spend time investigating alleged DCMA violations, and they turn out to be true, then we reserve the right to charge a $75 penalty as well as reserve the right to terminate your service.
If we notice or receive report of abuse tied to your IP, we will notify you as soon as possible. We must receive a response within 48 hours. If after 48 hours after your initial response, the abuse has not ceased and/or you do not submit a formal plan of action to us to fix abuse within 7 days, then we reserve the right to terminate service immediately.
Changes to Terms of Service and Service Agreement
“Service Agreement" is the paid agreement between Spin Servers and Client, that outlines the service to be provided at what price. Client recognizes that the nature of services supplied and rates during period of service have been communicated on the website, invoice, Terms, and SLA. The client accepts that rates may change over time based on market conditions, network expenses, power costs, or other factors. Client will be notified of any changes or increases in rates at least 30 days prior to the billing renewal date for quarterly/annual contracts. For monthly billing, we will notify you at least 7 days prior to billing renewal date.
Electronic Signatures and Payment Verifications
We require Client to agree to the Master Terms during checkout. By purchasing our Service, you agree that your agreement constitutes a digital signature that is enforceable in a Court of Law.
After payment on our website, Service might begin as a courtesy. However, we reserve the right to require additional payment verification or proof of identity in order to continue the Service. Spin Servers reserves the right to terminate this Service if additional verification of identity does not meet our standards. We hold our servers and IP addresses in high regards for our clients, and cannot risk fraudulent use in any event.
Service Level Agreements
HHere are our up-to-date Service Level Agreements (SLA). If any custom SLA's were negotiated for your order, then the custom SLA's will supersede the SLA's below wherever there is contradiction.
https://www.spinservers.com/sla_agreement.php
Non-Payment, Chargebacks, and Service Interruption
For monthly billing or longer billing cycles, we reserve the right to interrupt service due to non-payment immediately. Out of courtesy and at our discretion, we will offer a 3-day grace period to clients that have used our service for over a year. If payment is not made within 7-days, we may destroy your data. If payment is made, we reserve the right to charge a $25 late fee before restoring your service. Spin Servers will not be held responsible for data loss, data integrity, or other business impact due to service disruption.
Service is not considered paid until the funds arrive in our Paypal/credit card merchant account (or bank account, if paying by wire or check). If payment is disputed through financial institution, held up, or otherwise delayed, we may disrupt service without evidence of payment from you. We will not be held responsible for this service disruption. In addition, in the event of a chargeback, we reserve the right to charge an administration fee of $100 if the chargeback must be resolved by the financial institution.
If Client has more than one Service Agreement, then Client accepts that all Services are at risk of interruption (and data deletion after 7 days) if any of the Service Agreements are not paid in time.
Cancellation and Refunds
We make it easy for you to cancel service through your Client Portal. We require 14 day notice of cancellation through your account portal or via Ticket prior to the billing renewal date for yearly, semi-annually, and quarterly Service Agreements. If the notice of cancellation is not provided within these timeframes, then we reserve the right to charge a $50 termination fee.
If the Client agrees to a longer service contract, then Client does not have the right to terminate the contract early.
Spin Servers retains the right to cancel the order or service for any reason. If service is cancelled not at fault of yours, then we will issue prorated refund for the remaining time unused.
On month to month services, our policy is to not issue refunds except for SLA credits on a cancelled service. In our discretion, we may choose to issue a refund if you are not happy with your service, but officially we are under no policy to do so. We do everything we can to keep you happy and make sure you love using our services.
Custom Deployments
Spin Servers offers preconfigured and custom server builds. Preconfigured servers are already racked and ready to provision. Many times, we will accept orders for custom servers or private cloud deployments. We will confirm the estimated timeframe with you prior to service start date.
Spin Servers incurs charges for accepting custom server orders. Thus, once the order is placed, Customer does not have right to cancel a custom server unless Spin Servers has exceeded the promised install timeframe.
Insurance
Each party shall maintain commercial general liability, property and casualty and business interruption insurance with individual policy limits of not less than $1,000,000 per occurrence. Client's insurance shall be primary over Spin Servers'. Client waives and shall require its insurers to waive any rights of subrogation against Spin Servers, its agents, directors, and employees.
Affiliates and Channel
Spin Servers offers certain affiliate and channel promotions for sales that are brought to Spin Servers. Our affiliate program is a courtesy relationship based on mutual trust. If we suspect any fraud or misdirection - such as claiming affiliate fees on services under your own account using a secondary account - then we reserve the right to suspend affiliate payout to you without notice.
Warranties
Client acknowledges and agrees that Spin Servers makes no representation or warranty, express or implied, as to any third party hardware, software, products, or services included in their Service. Spin Servers assigns to the Client during the term of Service all assignable warranties and indemnities granted to Spin Servers by such third parties to the extent applicable to Client's use of the services. To the extent that Spin servers is not permitted to assign any such third party warranties and indemnities, Spin Servers will use commercially reasonable efforts to enforce such protections on Client's behalf to the extent it is permitted to do so under third party agreements and applicable law.
Limit of Liability
In the event of unexpected data loss, lost server access, network breaches, or data theft, the aggregate lability of Spin Servers to the customer associated with Service Agreement shall not exceed an amount equal to the monthly recurring amount payable to Customer to Spin Servers. Spin Servers will not be held responsible for impact to business, loss of revenue, or other harm that results from data breach – unless this harm resulted from willful, Gross Negligence by Spin Servers. Service Legal Agreements are not an excuse for you to not have backups or secondary service – in any event, our maximum liability is the value of the Service Agreement.
General
The Limitations of Liability set forth in this Agreement shall serve as a full and exclusive remedy, and shall apply regardless of the form of action, whether in contract, tort, warranty, strict liability, or negligence (including without limitation active and passive negligence). All claims must be reported in writing within ninety (90) days of the alleged act or omission.
Indemnity
Client shall indemnify Spin Servers, its principals, officers, directors, agents, employees, subsidiaries, affiliates, and successors harmless from and against any claims, losses, costs, damages, or expenses whatsoever (including, but not limited to, reasonable attorneys' fees and court costs) arising out of or resulting from (i) claims for libel, slander, infringement of copyright, or unauthorized use of trademark, trade name, or service mark arising out of the use of the products or services of Spin Servers by Client, (ii) claims for patent infringement arising from combining or connection of facilities to the products and services of Spin Servers by Client, (iii) any claims against Spin Servers by a third party resulting from the acts or omissions of Client or Client's principals, officers, directors, agents, employees, contractors, subsidiaries, or affiliates, or (iv) any claims relating to sensitive information provided to Spin Servers by or on behalf of Client without the prior written consent of Spin Servers. Client's indemnity obligation hereunder shall be void if such claim is due to negligence or willful misconduct by Spin Servers or any third party acting on Spin Servers' behalf of any Spin Servers' technology or materials used in the services, or its use in violation of any provision of this Terms. Spin Servers shall indemnify Client, its principals, officers, directors, agents, employees, subsidiaries, affiliates, and successors harmless from and against any claims, losses, costs, damages, or expenses whatsoever (including, but not limited to, reasonable attorneys' fees and court costs) arising out of or resulting from (i) claims for libel, slander, infringement of copyright, or unauthorized use of trademark, trade name, or service mark arising out of the use of the products or services of Client by third party, (ii) claims for patent infringement arising from combining or connection of facilities to the products and services of Client by third party, (iii) any claims against Client by a third party resulting from the acts or omissions of third party or third party's principals, officers, directors, agents, employees, contractors, subsidiaries, or affiliates, or (iv) any claims relating to sensitive information provided to Client by or on behalf of third party without the prior written consent of Client. Spin Servers' indemnity obligation hereunder shall be void if such claim is due to negligence or willful misconduct by Client or any third party acting on Client's behalf of any Spin Servers' or Client's technology or materials used in the services, or its use in violation of any provision of this Terms. No other indemnity is provided hereunder with respect to any matter. This Section shall survive any termination or expiration of this Terms.
Cryptocurrency Mining is Prohibited
In order to protect our network and ensure high reliability for all of our customers, we do not allow mining of cryptocurrencies on our dedicated servers. This includes bitcoin, Chia, Monero, and any other coin. We reserve the right to terminate services if we determine that the service is being used for cryptocurrency mining.
Severability
If any provision of this Agreement is held by a court to be invalid, void or unenforceable, the remainder of this Agreement shall remain unimpaired and in full force and effect. In addition, in the event that any provision (or portion thereof) of this Agreement is determined by a court to be unenforceable as drafted by virtue of the scope, duration, extent, or character of any obligation contained therein, it is the parties' intention that such provision (or portion thereof) shall be construed in a manner designed to effectuate the purposes of such provision to the maximum extent enforceable under such applicable law.
Force Majeure
In the event of catastrophe, Client understands and agrees that Spin Servers or its affiliates, subsidiaries, or contractors will not be liable for any delay, failure in performance, loss or damage that is caused by events beyond its reasonable control including but not limited to, fire, flood, explosion, fiber cuts, failure of public utilities, unavailability of materials or rights-of-way, accident, war, strike, embargo, terrorist activities, public riot, blockage, civil disturbance, governmental restraint, supplier failures, shortages, breaches or delays and natural disaster.
Governing Law
These Terms will be interpreted and construed in accordance with the internal laws of the State of Texas without giving effect to its principles of conflicts of laws. This Agreement, the duties and the obligations of Spin Servers and the Client shall be enforceable against any of the parties in the courts of Dallas County in Texas.