Terms of Service
Mulk Hosting Terms of ServiceUsers and customers of Services provided by Mulk Hosting must accept the terms and conditions of business set out below.
We make no representation that the domain name you wish to register can be registered by or for you or that it will be registered in your name. You should not assume registration of domain name(s) you requested finalized until you have been notified that it has been registered. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of .COM/NET/ORG you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute. In registering a domain you also agree to the TOS of the naming authority.
We shall not release any domain to another provider unless full payment for that domain has been received by us. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.
Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services.
If you fail to pay any sums due to us as they become due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
If you break any of these terms and conditions and you fail to correct the breach within seven (7) days following written (by email) notice from us specifying the breach, we may terminate this Agreement forthwith.
If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith.
On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.
AffiliatesAffiliates may not mask, hide or modify the affiliate link. It must be used as displayed in the client area. You may not spam or advertise in areas or sections of websites that breach the rules of the displaying site. Doing so will result in the link being reported. Payouts:
Shared/Reseller and Shoutcast are a recurring 19%
Dedicated are a one time payout of € 50.00
Managed VPS are a one time payment of € 19.00
Resold VPS and dedicated servers - € 0
The affiliate system may not be used to receive a discount on packages ordered for yourself. Any credit or earnings we deem to be suspicious will be removed without warning and not re-added.
Refund PolicyIf you are unhappy with any aspect of our service, please contact our support department who will attempt to rectify the situation. If the problem cannot be fixed and you are unhappy with the service you are entitled to a refund within 30 days. There are no refunds past the 30 day period. Refunds are not available for .COM, .NET, .ORG or any other domain names, SSL Certificates, Domain Transfer In fees, Domain Transfer Out fees, or any other products or services provided by Mulk Hosting through other companies. No refunds are provided for VPS or Dedicated servers under any circumstances. No refunds will be made if we terminate your hosting or other services due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, exempt as may be provided therein. This does not affect your statutory rights. Credit on your account cannot be refunded and must be used for purchases and renewals. Only one order will be refunded per person. Dedicated servers are exempt from the 30 day refund. Refunds will be issued at our discretion. Setup fees are non-refundable. Deductions:
- Web Templates - € 9.00
- Flash Tutorials - € 19.00
- SSL Certificate - € 19.00
- Free Domain Name - € 9.90/year
- WHMCS License - € 9.00
- Account Migrations - € 9.00 per account
- Demowolf Video Tutorials - € 19.00
Accounts purchased under a promotion, with or without a promo code, are excluded from the 30 day money back guarantee. Any funds sent to Mulk Hosting which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.
SLA ConditionsIf your service drops below 99.9 uptime in any given month you will be credited with one free month. This must be claimed within 7 days of our monitoring dropping below this level. Any planned maintenance work is except from this guarantee and will be ignored. Dedicated servers currently have no SLA. Uptime level is calculated by our status page and monitors only. Downtime occurring due to natural disasters or DDoS attacks against the network do not count towards the SLA calculations.
Free Domain ConditionsA free domain name will be registered for you with any hosting package for any period of time. Only one domain will be registered free of charge per account. Minimum hosting term of 3 months, after which you will be free to transfer the domain to another host should you wish. The domain also may not be transferred to another client during this time. Clients cancelling packages to hop between promotion codes will have their promo codes removed and pricing reset. If you cancel your hosting before the 3 month paid period Mulk Hosting reserve the right to cancel or resell your domain. The offer applies to .com, .net, .biz domains only.
Free TrialsFree Trials can't be combined with any other promo code. The domain used at signup must be registered with privacy protection disabled. Your name, address and phone number must be completed and valid. The domain must not be a free subdomain or .tk domain Free trials are for new customers only
Delivery of ServicesImmediately upon successful payment you will receive an automated receipt from our systems. Please print an retain a copy of this and retain in a safe place for future reference. Your unique customer username will be on this receipt and should be used for any enquiry to Mulk Hosting. Please note that we aim to deliver all goods as soon as signup is complete. If we will be unable to adhere to this you will be informed via email or telephone or both. Payment will be deducted when services are delivered. All orders are delivered electronically via email, If you have any questions about your order please contact us at email@example.com Mulk Hosting aims to respond to all enquiries within 3 hours. Our trading hours are 365 Days a Year, 24/7 save the Bahá'í Holy Days. Normally we will respond within 2 hours of receiving your enquiry. The services available on this site are subject to both export and or import restrictions. Please check regulations in the country you are in to see if these products are allowed for import into your country. We will not add charges to customers using either VISA or Mastercard card schemes. The final price will be the same regardless of payment method
Web HostingThese Terms of Service and Acceptable Use Policies ("Terms and Policies") are an essential part of your relationship with Mulk Hosting. By using your Mulk Hosting account, you agree to all of the Terms and Policies set out in this document.
Shoutcast ServersUnmetered transfer is subject to a Fair Usage Policy. If we feel you are using an excessive amount of bandwidth we reserve the right to change or terminate your service. You will always be contacted prior to termination. You may not attempt to modify, change, or rewrite the shoutcast start page under any circumstances. You will receive 1GB disk space free of charge. Extra disk space is charged at € 1.00 per 100MB over the 1024MB limit. No backups are taken of the shoutcast servers. If we suffer a server failure a new account will be recreated for you. Please make sure you have a copy of any media uploaded to these servers
Grounds for Suspension and TerminationYou agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Mulk Hosting to suspend or terminate your account. You agree that Mulk Hosting has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following
* Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
* Accounts on shared servers may send up to 350 emails per hour. If a single cPanel account exceeds this limit the account may be automatically suspended.
* Hosting websites dedicated to pornography. Legal adult content is allowed however it cannot be the main focus of your website.
* Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming"); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean up fee of € 70.00 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
* Using your hosting as a file or image hosting service.
* Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
* Using your account as a backup service. All files must be part of your website and must be linked to from your account. Dedicated server clients are exempt from this.
* Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender's identity or location. This includes the hosting of Proxy Server applications.
* Uploading, linking to or storing warez, cracks or other pirated software.
* Hosting IRCD, image hosting sites, autosurf, autocomment, autolike, port scanners, banner-ad services, escrow, banking, investment, lottery, gambling and pharmacy sites.
* Assisting in or directly distributing copyrighted material.
* Excessively using the Service in such a way as to limit the bandwidth available to others.
* Providing fake or incomplete contact details, including name, postal address and telephone number.
* Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.
* Using the Service for unauthorised relays through any third party systems.
* Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
* Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account, impose a € 99.00 fine per chargeback, and deny any future business.
* Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
* Using the Service to add or attempt to add addresses to any mailing list (yours or a third party's) without the explicit positive consent of the addressee(s).
* Attempting to cancel, supersede, or otherwise interfere with email other than your own.
* Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
* Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
* Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
* No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Mulk Hosting may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
* Security - You agree not to access or attempt to access private areas of the Service. You agree to notify Mulk Hosting as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
* Intellectual Property - Mulk Hosting does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to firstname.lastname@example.org.
* Continuing a specific identification of the allegedly infringing material and the location(s) on Mulk Hosting's facilities where the materials are to be found. Upon receipt of such written notice, Mulk Hosting will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If Mulk Hosting receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Mulk Hosting will send you a copy of that notification. Unless you notify Mulk Hosting of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.
* Liability - You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Mulk Hosting, neither Mulk Hosting nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Mulk Hosting neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Mulk Hosting is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on Mulk Hosting equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Mulk Hosting and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
* You agree that, should you use the Service to send or receive voice communications, Mulk Hosting is not acting as a telecommunications carrier or telephone company, that there is no representation made by Mulk Hosting as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Mulk Hosting has no liability of any sort for the failure or lack of quality of such use of the Service.
* You agree to be liable for any damages or loss of service which results in damages to Mulk Hosting as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Mulk Hosting may pursue any such claims against you in Court.
* You agree that in no event will Mulk Hosting have financial liability to you.
* Warranty - Mulk Hosting MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD Mulk Hosting ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY Mulk Hosting OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
* THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY Mulk Hosting ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; Mulk Hosting DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. Mulk Hosting DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
Resource UsageUser may not:
Use 10% or more of system resources for longer then 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.
Run cron entries with intervals of less than 15 minutes.
Own more than 50% of a servers total domain names.
You may create your own backup of your account from your control panel however these may only be stored for up to 7 days. Please download archives to a local source and remove them from your account.
ContentYou understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. Mulk Hosting has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.
OveragesYou understand and agree that Mulk Hosting will charge the following for overages on shared, reseller, VPS and shoutcast hosting;
1GB Disk Space = € 3.00 per month over limit
50GB Bandwidth = € 5.00 per month over limit
PrivacyMulk Hosting will not provide names, addresses, telephone numbers, email addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or as required under an appropriate court or administrative directive, including a facially valid subpoena, or as necessary to render the Service. Mulk Hosting may provide aggregate data on Subscribers to third parties in the operation of Mulk Hosting's business.
DisputesYou agree that any dispute between you and Mulk Hosting arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and Mulk Hosting will be submitted by the aggrieved party for binding arbitration under the auspices of the English law.
Governing LawThese Terms and Policies are governed in all respects under English laws.
Cancellation ProcedureCancellation requests must be submitted through the client area. To do this, click the icon next to the package you wish to cancel then press 'Request Cancellation'. You must then complete and submit the form. Choosing an immediate cancellation means your service will be terminated with 24 hours of submitting the form. It is your responsibility to ensure any paypal subscriptions you have setup are cancelled. No other forms of cancellation are accepted. Cancellations must be submitted before the invoice for that billing cycle is due. Failure to do so will result in the invoice being due. Cancellation requests can only be submitted if the account has no due invoices.
ResellersResellers may use their website for personal use or to sell to their own clients. Resellers cannot host free accounts under any circumstances. We will transfer up to 30 accounts free of charge. Each account thereafter is charged at € 2.00 each. End user support requests are dealt with in the order they are received, we make no guarantees for the response time on end user support tickets however we aim to respond within 24 hours. Free video tutorials are only valid for the length of your stay with us. If you cancel your package or the service is terminated the tutorials will cease to function.
Discount VouchersOnly one voucher can be used per transaction.
If the order value is lower than the value of the voucher, the remaining amount is lost.
Discount vouchers are restricted to one per customer.
Vouchers can be redeemed against the purchase of any Shared, Reseller, Dedicated or Shoutcast service.
Black Friday discount codes do not include a free domain name when used.
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