Terms of Service
This is the agreement between you and MossMC. It applies when you create an account, buy anything, or run a server here. Please read section 16 — it requires most disputes to go to individual arbitration rather than to court, and it waives your right to a jury and to take part in a class action.
1. Who you are contracting with
MossMC is operated by Isaiah D. Mullins, an individual trading under the assumed business name "MossMC" in the State of North Carolina, United States ("MossMC", "we", "us", "our"). We are not a corporation or a limited liability company. You are contracting with a sole proprietor.
We can be reached at the addresses in section 24. Formal legal notices should go to legal@moss-mc.com.
If the business is later reorganised into a company, these Terms will be assigned to that company and we will tell account holders when that happens. Section 20 governs that assignment.
Written notices to us go to legal@moss-mc.com. Support and abuse reports go to support@moss-mc.com.
2. Acceptance, and what makes up this agreement
You accept these Terms by ticking the acceptance box at signup, or by using the service if you already hold an account when a new version takes effect. We record the version you accepted and when.
This agreement consists of these Terms, the Acceptable Use Policy, the Network Player Agreement and the Privacy Policy, each of which is incorporated by reference. Where they conflict, these Terms govern, except that the Acceptable Use Policy governs on questions of what may be hosted or done.
If you do not agree, do not create an account and do not use the service.
3. Eligibility, age and parental consent
Minimum age
You must be at least 13 years old to hold an account. If you are under 13, you may not use MossMC in any way, including creating an account, joining our network, or being a sub-user on someone else's server.
If we obtain actual knowledge that an account holder is under 13, we will close the account and delete the personal information associated with it in accordance with the Privacy Policy. If you believe a person under 13 has provided us information, email privacy@moss-mc.com and we will delete it.
Under 18
If you are at least 13 but under 18, you may only hold an account with the knowledge and permission of a parent or legal guardian, and that parent or guardian accepts these Terms on your behalf and is responsible for your use of the service.
Who may pay
You must be 18 or older to enter payment details or make any purchase. By submitting payment details you represent that you are 18 or older and that you are the authorised holder of the payment method, or that you have the account holder's express permission to use it.
If a purchase was made on your payment method by a minor without your authorisation, contact support@moss-mc.com. We will investigate and, where the facts support it, reverse the charge. Doing this through us is faster than a chargeback and avoids the account suspension described in section 10.
Capacity and sanctions
You represent that you have the legal capacity to enter this agreement, that you are not barred from receiving services under the laws of the United States or your country of residence, and that you are not located in, or ordinarily resident in, a country or territory subject to comprehensive United States sanctions, and are not a person on any United States restricted-party list.
4. Your account
You are responsible for everything that happens under your account, including anything done by a sub-user, staff member or other person to whom you grant access. Keep your credentials confidential. Notify us promptly at support@moss-mc.com if you believe your account has been accessed without your authorisation.
One person, one account. You may not create additional accounts to evade a suspension or ban, to claim beta access codes or referral rewards more than once, or to redeem codes intended to be used once per person.
You may link a Minecraft account. Doing so discloses that account's UUID and username to us and allows entitlements purchased here to apply to you in game. You represent that you are the authorised holder of any Minecraft account you link.
Account information you provide must be accurate and kept up to date. We may refuse, suspend or close an account at our discretion where information is materially false.
5. The service, and what it is not
MossMC provides (a) Minecraft server hosting on our infrastructure, managed through our control panel, and (b) a connected network of community servers, including shared lobbies, chat and a server browser (the "Network").
No uptime guarantee and no service credits
We monitor for failures and we work to keep servers online. We do not offer a guaranteed uptime figure, a service level agreement, or service credits for downtime. Hardware fails, upstream providers have outages, game updates break plugins, and we make mistakes. If an outage is our fault and it is significant, contact us and we will try to put it right as a matter of goodwill, not obligation.
Beta
Parts of the service are provided on a pre-release or beta basis. Beta features may be changed, suspended or withdrawn without notice, may contain defects, and may lose data. They are provided "as is" with no warranty of any kind, and the limitations in sections 14 and 15 apply to them in full.
Changes
We may change, add or remove features. Where a change materially reduces something you have already paid for, we will give you notice before it takes effect where we reasonably can, and you may cancel the affected plan for the remainder of its paid period.
Not an emergency or critical service
MossMC is a game hosting service. It is not designed for, and must not be used for, any application where failure could result in death, personal injury, or environmental or financial damage.
6. Tokens
Tokens are a prepaid, limited-purpose credit used to pay for plans, ranks and cosmetic items on MossMC. They are a licence to receive services, not a currency.
- Tokens are not money, not a deposit, not a gift certificate, not a stored-value or prepaid-access instrument, and carry no cash value.
- Tokens cannot be transferred between accounts, sold, exchanged, or redeemed for cash, except where applicable law requires otherwise.
- Tokens do not expire while your account is open and in good standing.
- If your account is closed by us for breach, any remaining token balance is forfeited.
- If you close your account yourself, any remaining balance is forfeited. Spend it first.
- We may adjust what things cost in tokens. Price changes are not retroactive: a plan period you have already paid for runs to its end at the price you paid.
Nothing in this section is intended to create an obligation that would make tokens a regulated payment instrument. If any applicable law would treat tokens as such, the affected terms apply only to the extent permitted and the remainder stands.
7. Fees, renewal and cancellation
Payment processors
Payments are processed by Stripe and, where offered, PayPal. We do not receive or store your full card number. The processor's own terms and privacy policy apply to the payment itself.
Recurring charges
Some plans and token packs renew automatically. Before you provide payment details for anything that renews, we disclose: what you are buying, the amount that will recur, how often it will recur, the date of the first renewal, and how to cancel. You consent to those recurring charges when you complete the purchase. Your plan will continue to renew and your payment method will continue to be charged until you cancel.
How to cancel
You may cancel any recurring charge at any time from the billing section of your dashboard, in the same number of steps it took to start it, without speaking to anyone. Cancelling stops future charges. It does not refund the current period, and your plan runs to the end of that period.
If the dashboard is unavailable, email support@moss-mc.com from the address on the account and we will cancel it and confirm in writing.
Failed payments
If a payment fails, we may retry it, suspend the affected plan, and after a reasonable period reclaim the resources and delete the associated data. We will attempt to notify you before deletion.
Taxes
Prices are exclusive of any sales, use, VAT, GST or similar taxes unless stated. Where we are required to collect such taxes, they will be added at checkout. You are responsible for any taxes arising from your own use or resale of the service.
8. Refunds
Tokens, ranks and cosmetic items are delivered immediately on payment and are non-refundable once delivered. A token purchase credits your balance the moment payment clears; a rank applies to your linked account as soon as it is bought. There is nothing to return.
Server plans are paid in advance for a period. Cancelling stops future charges and does not refund the current period.
We may issue a refund at our discretion — for example where you were charged twice, where a purchase failed to deliver, or where something on our side clearly went wrong. Doing so once does not oblige us to do it again and does not vary this section.
Consumers in the EU, UK and other jurisdictions with mandatory rights
If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction granting a statutory right to withdraw from a distance contract, you normally have 14 days to withdraw. By purchasing digital content that is delivered immediately, you expressly request immediate performance and acknowledge that you lose that right of withdrawal once delivery has begun. We present this acknowledgement at checkout. Nothing in this agreement removes any statutory right that cannot lawfully be removed.
9. Chargebacks
If you dispute a charge with your bank or payment provider instead of contacting us, we may suspend your account and the servers on it while the dispute is open, and may withhold the disputed services. Where a dispute is resolved against us, the account may remain closed and any remaining token balance is forfeited.
A chargeback that is later found to be unfounded is a breach of this agreement, and you are responsible for any fees charged to us by the payment processor in connection with it.
Please email support@moss-mc.com first. It is faster.
10. Your content, and the licence you give us
You keep all ownership of the worlds, files, plugins, configuration, server names, icons, descriptions and other material you upload or create ("Your Content").
You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, display and create backups of Your Content, solely to the extent necessary to operate the service, to provide it to you and to the players you make it available to, and to comply with law. This licence ends when the content is deleted, except for copies held in routine backups until they expire and copies we are required to retain.
You represent and warrant that you own or have all rights necessary to upload and use Your Content, including any plugin, mod, resource pack, world, texture, model or sound, and that doing so does not infringe anyone's rights or breach any licence.
Backups are your responsibility
We take backups for our own operational purposes and will help you restore where we reasonably can. They are not a backup service, we do not warrant that any backup will exist or be restorable, and you should keep your own copies of anything you would be unhappy to lose.
11. Acceptable use
Your use of the service, and everything you host on it, is subject to the Acceptable Use Policy. It forms part of this agreement. Breaching it is a breach of these Terms.
You are responsible for the conduct of players on your server to the extent set out in that policy.
12. Copyright, the DMCA, and notices of illegal content
Designated agent
MossMC complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512. Notices of claimed infringement must go to our designated agent:
Copyright Agent, MossMC
Email: dmca@moss-mc.com
Postal address and agent registration are on file with the United States Copyright Office and available through its Designated Agent Directory.
What a notice must contain
To be effective, a notice must include substantially the following, as required by § 512(c)(3):
- a physical or electronic signature of the owner or a person authorised to act for them;
- identification of the copyrighted work claimed to be infringed;
- identification of the material claimed to be infringing, with enough detail for us to locate it — a server address, file path or in-game location;
- your contact details;
- a statement that you have a good-faith belief the use is not authorised by the owner, its agent or the law; and
- a statement, under penalty of perjury, that the information is accurate and that you are authorised to act for the owner.
Misrepresenting that material is infringing may make you liable for damages, including costs and legal fees, under § 512(f).
Counter-notification
If your material was removed and you believe that was a mistake or a misidentification, you may send a counter-notification to the same address containing the elements required by § 512(g)(3). We may restore the material 10 to 14 business days after forwarding your counter-notification to the complainant, unless we are told that court proceedings have been filed.
Repeat infringers
We terminate, in appropriate circumstances, the accounts of users who are repeat infringers.
Notices of other illegal content
Any person may notify us of content on the service they consider illegal by emailing abuse@moss-mc.com with the location of the content, the reason they believe it unlawful, and their contact details. We review notices and act on them without undue delay. Where we remove content or restrict an account in response to a notice, we will give the affected user a statement of the reasons and of the redress available, unless we are prohibited from doing so by law or the content is manifestly illegal.
This paragraph is intended to satisfy the notice-and-action and statement-of-reasons obligations that apply to hosting providers under Regulation (EU) 2022/2065 (the Digital Services Act). Our point of contact for authorities and for users on these matters is legal@moss-mc.com, in English.
13. Suspension and termination
We may suspend or close an account, or take down a server, where:
- it breaches this agreement or the Acceptable Use Policy;
- it is being used to harm other users, our infrastructure or third parties;
- payment fails, is reversed, or is the subject of a chargeback;
- we receive a valid notice that it hosts illegal or infringing content; or
- we are required to act by law or by a provider we depend on.
Where the circumstances allow, we will tell you what is wrong and give you a reasonable opportunity to fix it. Where they do not — active abuse, an attack in progress, or content we cannot lawfully host — we act first and explain afterwards.
Suspension or termination for breach does not entitle you to a refund of tokens or of any paid period.
You may close your account at any time. On closure we delete the account and associated data in accordance with the Privacy Policy, subject to records we must retain for tax, accounting, fraud-prevention or legal reasons.
14. Third parties, and Minecraft
MossMC is not an official Minecraft product or service. It is not approved by, associated with, or endorsed by Mojang Studios, Mojang AB or Microsoft Corporation. "Minecraft" is a trademark of Mojang Studios.
Your use of Minecraft itself is governed by Mojang's own End User Licence Agreement and its commercial usage guidelines. You are responsible for complying with both, including the restrictions on what may be sold on a Minecraft server. Nothing in this agreement varies them, and if they conflict with something you want to do here, they win.
The service depends on third parties, including data centre and network providers, payment processors and software vendors. We are not responsible for their acts or omissions, and their failures are not a breach of this agreement by us.
The Network carries content created by other users. We do not endorse it, and we are not responsible for it.
15. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DATA WILL NOT BE LOST, OR THAT DEFECTS WILL BE CORRECTED.
Some jurisdictions do not allow the exclusion of implied warranties. In those jurisdictions this section applies to the greatest extent permitted, and any implied warranty that cannot be excluded is limited in duration to the shorter of thirty days from first delivery or the minimum period the law requires.
16. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, PLAYERS, BUSINESS OPPORTUNITY, OR DATA, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE SIX MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY UNITED STATES DOLLARS (US$50).
These limits apply to all theories of liability, including contract, tort, negligence, strict liability and statute, and they survive the failure of any limited remedy.
What these limits do not cover. Nothing in this agreement excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for anything else that cannot lawfully be excluded or limited. If you are a consumer, nothing here affects your mandatory statutory rights.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions our liability is limited to the greatest extent permitted.
17. Indemnification
You will defend, indemnify and hold harmless MossMC and its operator, employees, contractors and agents from and against any claim, demand, proceeding, loss, liability, damage, fine, penalty, cost or expense (including reasonable legal fees) arising out of or relating to:
- Your Content, including any claim that it infringes or misappropriates a third party's intellectual property or other rights;
- your use of the service, or use by anyone to whom you granted access;
- your breach of this agreement, the Acceptable Use Policy, or any law;
- conduct on a server you operate, including conduct of your players and of your staff;
- anything you sell or offer on a server you operate, including any claim by a purchaser, a chargeback, or a claim arising under Mojang's rules; and
- any dispute between you and a player, a sub-user, or a third party.
We will notify you of any claim we seek indemnity for, and you may control the defence with counsel of your choosing, provided that you may not settle any claim in a way that imposes an obligation or admission on us without our written consent. We may participate at our own expense.
If you are a consumer, this section applies only to the extent permitted by the law of your place of residence.
18. Dispute resolution, arbitration and class waiver
Please read this section carefully. It affects your legal rights. It requires most disputes to be resolved by individual arbitration, waives your right to a jury trial, and waives your right to participate in a class action. You may opt out within 30 days.
18.1 Informal resolution first
Before starting arbitration or any proceeding, you agree to send a written Notice of Dispute to legal@moss-mc.com describing the dispute, the relief you want, and your account email. We will do the same to the address on your account. We each agree to try in good faith to resolve it for 60 days from receipt. This step is a condition precedent to starting arbitration. Any limitation period is tolled while it runs.
18.2 Agreement to arbitrate
If the dispute is not resolved, you and we agree that any dispute, claim or controversy arising out of or relating to this agreement or the service — including its formation, interpretation, breach, termination, validity, and including claims that arose before this agreement — will be resolved by binding individual arbitration, and not in court.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as modified by this section. The arbitrator is empowered to decide all issues, except that a court decides whether section 18.4 is enforceable. This agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
18.3 Where, how, and who pays
If your claim is for US$25,000 or less, you may choose for it to be heard by documents only, by telephone or video, or in person. Any in-person hearing will take place in the county where you live or at another mutually agreed location, and you will not be required to travel to North Carolina.
We will pay all AAA filing, administration and arbitrator fees for any individual claim of US$25,000 or less, unless the arbitrator finds the claim frivolous. Above that, fees are allocated under the AAA rules. Each party bears its own legal fees unless a statute or the arbitrator provides otherwise.
18.4 Class and jury waiver
You and we each waive any right to a jury trial. Arbitration will be conducted on an individual basis only. You and we each waive any right to bring, join or participate in a class, collective, consolidated, representative or private attorney general action. The arbitrator may award relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
If this paragraph is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and the rest of this section still applies to all other claims.
18.5 Coordinated filings
If 25 or more demands for arbitration raising substantially similar claims are filed by or with the assistance of the same law firm or coordinated group within a 90-day period, you and we agree that the demands will be administered in batches of no more than 50, each batch heard by a single arbitrator, with a single set of filing fees per batch. Any limitation period is tolled for demands awaiting a batch. This paragraph exists to make large numbers of similar claims affordable for both sides to resolve.
18.6 Carve-outs
Either party may bring an individual claim in small claims court if it qualifies, and that is not a waiver of this section. Either party may seek injunctive or equitable relief in court to protect intellectual property or to stop unauthorised access to or misuse of the service.
18.7 How to opt out
You may opt out of section 18.2 through 18.5 by emailing legal@moss-mc.com with the subject line "Arbitration Opt-Out", your account email, and a statement that you opt out, within 30 days of first accepting these Terms. Opting out affects nothing else in this agreement and will not affect your account in any way. If you opt out, section 20 governs where disputes are heard.
18.8 Consumers outside the United States
If you are a consumer resident outside the United States, this section applies only to the extent permitted by the law of your place of residence. Nothing here deprives you of the protection of mandatory consumer-protection provisions of that law, or of the right to bring proceedings in the courts of your place of residence where that right cannot be waived.
19. Time limit for claims
To the fullest extent permitted by law, any claim relating to this agreement or the service must be brought within one year after it arose. A claim brought later is permanently barred. Where the law of your place of residence does not permit this limit, the shortest period that law permits applies instead.
20. Governing law and venue
This agreement is governed by the laws of the State of North Carolina, United States, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act as to section 18. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For any dispute not subject to arbitration, you and we submit to the exclusive jurisdiction of the state and federal courts located in North Carolina, and waive any objection to that venue.
If you are a consumer resident in the European Union or the United Kingdom, this clause does not deprive you of the protection of the mandatory law of your place of residence, nor of the right to bring proceedings there.
21. Force majeure
We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disaster, fire, flood, war, terrorism, civil unrest, epidemic, labour dispute, failure of a utility, data centre, network or upstream provider, denial-of-service or other attack, government action, or change in law.
22. Changes to this agreement
We may update this agreement. The current version and its effective date are always shown at the top of this page.
For material changes, we will give account holders at least 30 days' notice by email or a notice in the dashboard before they take effect. Continuing to use the service after the effective date means you accept the change. If you do not accept, you may close your account before the effective date, and we will refund the unused portion of any plan period you have already paid for.
Changes to section 18 do not apply retroactively to a dispute of which we had written notice before the change took effect.
23. General
Severability. If any provision is held unenforceable, it is modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the rest remains in effect.
No waiver. Our failure to enforce a provision is not a waiver of it.
Assignment. You may not assign or transfer this agreement without our written consent, and any attempt to do so is void. We may assign it in connection with a reorganisation, merger, or sale of the business or its assets, and will notify account holders if we do.
No third-party beneficiaries. This agreement does not create rights for anyone who is not a party to it.
Relationship. Nothing here creates a partnership, joint venture, agency or employment relationship.
Notices. We give notice to the email on your account; you give notice to legal@moss-mc.com. Notice is effective when sent, provided it is not returned undeliverable. Keep your email address current.
Export control. You may not use the service in violation of United States export control or sanctions laws, and you may not make the service available to any person barred under them.
Survival. Sections 6, 8, 9, 10, 12, 14 through 21 and 23 survive termination.
Entire agreement. This agreement, together with the documents it incorporates, is the entire agreement between us about the service and supersedes any prior understanding. You have not relied on any statement not set out in it.
Interpretation. Headings are for convenience only. "Including" means "including without limitation". The English version governs.
24. Contact
General and support: support@moss-mc.com
Legal notices, disputes and DSA point of contact: legal@moss-mc.com
Copyright: dmca@moss-mc.com
Abuse and illegal content: abuse@moss-mc.com
Privacy and data rights: privacy@moss-mc.com