These Terms of Service (“TOS”) govern your use of virtual private server, web hosting, and related services (collectively, “Services”) provided by Mullcloud LLC, a Delaware corporation (“Mullcloud,” “we,” “us,” or “our”). By creating an account, ordering Services, or using Mullcloud's website or Services, you (“Customer,” “you,” or “your”) agree to be bound by these TOS and our Acceptable Use Policy.
1. Definitions
- Account – your Mullcloud account and credentials.
- Customer Data – all electronic data, content, and information you submit via the Services.
- Services – VPS, shared hosting, dedicated servers, managed hosting, domain registration, and any add-ons we provide.
2. Eligibility
You must be at least 18 years old, have legal authority to enter contracts, and comply with all applicable laws. By using the Services you represent that you meet these requirements.
3. Account Registration & Security
- You agree to provide accurate, current, and complete information and to keep it updated.
- You are responsible for all activity under your Account and must notify Mullcloud immediately of any unauthorized use.
4. Billing, Pricing & Payment
- Fees are as published on our website or your invoice. We may change prices upon 7 days' notice.
- Charges are billed in advance per your selected billing cycle. You authorize Mullcloud to charge your payment method on file.
- Late or failed payments: if payment is not received within three (3) days of the due date, a late fee equal to 10% of the overdue balance will be applied. Mullcloud may also suspend Services for any overdue amounts.
5. Refund Policy
- 72-Hour Guarantee: You may request a full refund of hosting setup fees (excluding domain or add-on fees) if you cancel within 72 hours of service activation. Requests must be made in writing to [email protected].
- After 72 hours, services cannot be refunded. Any exception is at Mullcloud's sole discretion.
- Domain registrations, transfers, and renewals are non-refundable once processed.
6. Service Suspension & Termination
- Mullcloud may suspend or terminate Services without notice if you breach these TOS, fail to pay, threaten network stability, or violate the Acceptable Use Policy.
- You may cancel via your control panel or by submitting a support ticket. Cancellations take effect at the end of your current billing cycle.
7. Warranties & Disclaimers
- Mullcloud will use commercially reasonable efforts to maintain uptime but does not guarantee uninterrupted service.
- EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MULLCLOUD LLC, AND ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS OR DATA), EVEN IF ADVISED OF THE POSSIBILITY. MULLCLOUD'S AGGREGATE LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED FEES PAID BY YOU DURING THE SIX (6) MONTHS PRIOR TO THE CLAIM.
9. Indemnification
You agree to defend, indemnify, and hold harmless Mullcloud and its officers, directors, employees, and agents from any claims, liabilities, losses, or expenses (including attorneys' fees) arising out of (a) your breach of these TOS, (b) your Customer Data or content, or (c) your violation of law or third-party rights.
10. DMCA & Copyright Policy
Mullcloud complies with the Digital Millennium Copyright Act. To submit a takedown notice, send a written notice to our DMCA Agent:
DMCA Agent
Email: [email protected]
Repeat infringers may have their accounts terminated.
11. Governing Law & Dispute Resolution
These TOS are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. You consent to venue and personal jurisdiction in the state and federal courts located in New Castle County, Delaware.
12. Miscellaneous
- Assignment: You may not assign these TOS without our written consent; Mullcloud may assign without consent.
- Severability: If any provision is invalid, the remainder remains in effect.
- Entire Agreement: These TOS (including the Acceptable Use Policy) constitute the entire agreement between you and Mullcloud regarding the Services.
13. Contact Information
Mullcloud LLC
Email: [email protected]
Address: [To Be Updated]
By using or continuing to use Mullcloud's Services, you acknowledge that you have read, understood, and agree to these Terms of Service, Acceptable use Policy, and the Privacy Policy.
Last Updated: 05/13/2025