Hosting Services Agreement EUROHOSTER Ltd.
These General Terms and Conditions are designed to regulate the relations between EUROHOSTER Ltd., 48, Angel Dimitrov str., apt. 2, Burgas, Bulgaria, UIC 203451640, represented by Mr. Andriy Balitsky, hereinafter referred to as the Provider, and the users, hereinafter referred to as Clients, of the services provided by him.
1. Information about the Service Provider:
1.1. Name of Provider: EUROHOSTER Ltd.
1.2. Headquarters and address of management: 48, Angel Dimitrov str., apt. 2, Burgas, Bulgaria
1.3. Correspondence data: 48, Angel Dimitrov str., apt. 2, Burgas, 8016, Bulgaria, Email: [email protected]
2. Characteristics of the "Virtual Server"
2.1. The Provider undertakes to provide to the Client for use the “Virtual Server” service in accordance with the specifications determined according to the plan chosen by the Client and to ensure the connectivity and technical service of the provided service. For this purpose, the Provider will provide the specified parameters at his / her own expense, depending on the plan chosen by the Client. The "Virtual Server" service includes the following:
2.1.1. Providing free space on a server to the Provider, to which the Client is entitled to publish and share with third parties on the Internet;
2.1.2. Providing full (administrator) access to manage the service and to publish, process and dispose of information shared on the provided space;
2.1.3. Providing service parameters according to the subscription plan chosen by the Client;
2.1.4. Provide virtually allotted portion of technical equipment resources to transmit, store, and share information and provide information society services.
2.1.5. Provide technical serviceability.
3. Characteristics of the “Dedicated Server"
3.1. The Provider undertakes to provide to the Client for use the “Dedicated Server” service in accordance with the specifications determined according to the plan chosen by the Client and to ensure the connectivity and technical service of the provided service. For this purpose, the Provider will provide the specified parameters at his / her own expense, depending on the plan chosen by the Client. The "Dedicated Server" service includes the following:
3.1.1. Providing a physical server to which the Client has the right to publish and share with third parties Internet information;
3.1.2. Providing full (administrator) access for managing the service and for publishing, processing and disposing of information shared on the provided equipment;
3.1.3. Providing service parameters according to the subscription plan chosen by the Client;
3.1.4. Providing technical equipment for transmitting, storing and sharing information and providing information society services.
3.1.5. Provide technical serviceability.
4. It is prohibited to
4.1. Send spam and host applications that can be used for sending spam, as well as the arrangement of sites that provide similar services;
4.2. Host pirate and/or malicious software, application serial numbers, software hacking tools, and links to other websites with similar content;
4.3. Host viruses, exploits, botnets, and links to other websites with similar content;
4.4. Host scripts aimed at obtaining unauthorized access to other external resources;
4.5. Use our technical capabilities to organize DoS attacks, network scanning, flood attacks;
4.6. Host zoophilia and child pornography content;
4.7. Host copyright infringing content;
4.8. Host content that promotes cruelty, violence, war, racial or religious hatred;
4.9. Host financial pyramid schemes;
4.10. Distribute and/or advertise illicit substances;
4.11. Host fraudulent information;
4.12. Use our servers to host publicly accessible private information about a person without their consent;
4.13. Host any pornographic materials for servers located in Bulgaria;
4.14. Host other illegal content that violates the law of the country hosting the server;
4.15. Host other illegal content that violates international law;
4.16. Register multiple accounts from one person, as well as register an account for fictitious data.
5. Resource Usage
5.1. The leased server must not generate a high network load (incoming or outgoing) that can result in neighboring server availability problems.
5.2. The leased virtual server must not create a high disk load that can result in deterioration of the response of the disk subsystem on all virtual servers in the node.
5.3. The Client is fully responsible for the software they install, as well as any content hosted on a leased server.
5.4. Use of VPN is allowed only for personal purposes.
5.5. Virtual servers are not intended for video streaming and public file hosting.
6. Violation of the Agreement
6.1. Upon detection of a violation of the Agreement, the client is sent a notice with a specified deadline for elimination of the incident.
6.2. The leased server will be blocked if repeated complaints concerning the same violation will be received.
6.3. In some cases, the server might be blocked without prior notice (determined individually for each situation).
6.4. The Provider has the right to refuse the provision of services for multiple violations of the Hosting Services Agreement.
6.5. If a violation of clause 4.1 - 4.6 or 4.13 of the Agreement is found, access to the server will be immediately blocked. The delivery of any files from such servers will be impossible. As the actual amount of damage to the company is difficult to calculate and sometimes impossible, the Client agrees to pay the Provider the amount, at a rate of 100 USD, for liquidation of losses of the company.
6.6. If a violation of clause 4.16 of the Agreement is found, the accounts, and the services assigned to them, will be blocked until the issue will be resolved.
6.7. The Provider reserve the right to determine the fact of violation of the Agreement.
7.1. The Provider assumes no responsibility for any and all lost profits, or other losses incurred as a result of:
7.1.1. failure or unavailability of your server for technical reasons;
7.1.2. the suspension of your server;
7.1.3. due to malicious acts of third parties.
7.2. Appeals to the Technical Support from e-mail addresses not registered in the system are not prioritized and are not mandatory for consideration.
7.3. The Provider does not take part in disputes with third parties.
7.4. The Provider assumes no responsibility for data loss and does not monitor the status of hard drives and RAID arrays on dedicated servers. The Client themselves should observe the condition of the server hardware.
7.5. The Provider does not create backups on virtual servers; it is the responsibility of the Client.
8. Removing Servers
8.1. In case of non-payment, dedicated servers operating system shall be reset in 24 hours after the shutdown.
8.2. In case of non-payment of bills by the Client for more than 25 days, VPS shall be removed.
9.1. Upon cancellation of services or request for refund a credit balance, a refund for the unused period is carried out
but the same payment method, that was when paying the bill.
9.2. Refund Commission.
9.3. In the absence of the possibility of a refund, specified in clause 9.1, a refund is possible by electronic bank transfer to the bank account (IBAN). The payee must to pay a commission of $30 EUR. At the same time, a commission of 5% of the payment amount shall be deducted from the payment.
9.4. The term of payment is one week.
9.5. Refund shall be subject to recalculation of monthly rates of all the previous months in case the selected billing cycle is more than one month.
9.6. A refund is not possible for a dedicated server rental service, as well as a licensing service.
9.7. All services purchased with a discount shall not be subject to refund.
10. Technical Support Obligations
10.1. React to server performance issues.
10.2. Provide Clients with technical support regarding the service.
10.3. Advise Clients about the server settings and the software installed on it.
10.4. The Technical Support shall not:
10.4.1. install and configure scripts. In this case, the Technical Support will provide answers that are purely advisory in nature;
10.4.2. provide technical support to individuals who are not clients of the Provider;
10.4.3. provide training for working with the software;
10.4.4. answer questions not directly related to the obligations of the Technical Support.
10.5. Provide basic administration free of charge.
10.6. If the Client is disrespectful and rude, the Technical Support has the right to leave questions unanswered and/or to refuse service.
11. Basic Administration for VPS and Dedicated Servers
11.1. Basic administration includes:
11.1.1. initial installation, reinstallation and configuration of the operating system;
11.1.2. OS update;
11.1.3. installation of the control panel;
11.1.4. installation and basic configuration of basic services (nginx, apache, mysql, php, postfix, proftpd, bind);
11.1.5. installation of additional software (ffmpeg, mp4box, memcached, mongo, openvpn etc.);
11.1.6. assistance and advice in diagnosing and solving performance issues of basic services;
11.1.7. basic optimization of the services;
11.1.8. transferring websites from other servers;
11.1.9. backup configuration;
11.1.10. antivirus scan of the system.
11.2. All problems are addressed upon the client's inquiry in the order of submission and the order of priority.
11.3. Administered operating systems: Linux and FreeBSD.
11.4. Inquiries are accepted via ticket system or e-mail, specified in the billing section.
11.5. ISPsystem, cPanel, DirectAdmin products are administration only when acquiring the license through us.
11.6. Tasks not included in the basic administration service shall be performed for a fee at the rate of $10 USD per hour.
11.7. Administration is not available in tariff plans Mini VPS.
11.8. The free base administration may be denied if the configuration of the system was carried out not by our staff.
12. Promotional services
12.1. Promotional services not intended for the transfer of the current existing services of the same type.
12.2. Validity of special prices indicated in the service itself or in a news announcement.
12.3. In case of violation of paragraph 12.1 of the Agreement the discount can be canceled and the total cost installed of the service.
13.1. The Provider is entitled to collect and use information about the Clients. Information by which the person can be identified may include name, surname, location, phone number and e-mail.
13.2. Through their e-mail and password, any registered Client have access in online regime to their profile where they can correct and update their personal data stored by Provider.
13.3. The Provider attends to the collecting, processing and storage of Client’s personal information in strict compliance with the provisions of the Law for protection of personal data.
13.4. The Provider attends to and is responsible for protection of the Client’s information that has become known to him in relation to the provision of Services, subject to these Terms, except in cases of force majeure, accident or malicious acts of third parties, and in cases where the Client himself has made this information available to third parties.
13.5. The Provider collects and uses information on clause 13.1 for the purposes specified in this Agreement, including for offering new services to Clients, for stock, questioning, for statistical and any other purposes, while registering for the use of the Services, the Client agrees to receive trading messages sent Provider.
13.6. By accepting these Terms and Conditions, the Client agrees to the processing of his personal data for direct marketing purposes. The Client has the right to express disagreement with the processing of his personal data for direct marketing purposes, turning off this opportunity in his personal account or by clicking on the link to refuse marketing services.
13.7. The Provider undertakes not to edit or disclose any personal information about the Client and the services used by him and not to provide the collected information to third parties - state authorities, trading companies, individuals and others, except as provided by law.
13.8. When using the site eurohoster.org, the Provider has the right to automatically store certain information that the computer or other end device of the Client sent to the Provider’s server in connection with the Client’s activity. The information is stored in the log files on the Provider’s servers and can include the Client’s IP address, the date and the hour when they visited the corresponding page of the site, the duration of the presence there, and so on. In addition, the Provider retains the Client’s IP address, as well as any information necessary to identify the Client.
13.9. The Provider has the right, but does not undertake, to install cookies on the computer or any other extreme device of the Client - small text files that are saved by the Internet page through the server on the hard disk of the Client and enable the Client to recover information identifying it, as well as for tracking his actions.
14.1. The Client is obliged to indicate the correct personal data in the profile on the Provider’s website and keep them up to date.
14.2. The Provider has the right to request the verification of the Client’s telephone number by sending an SMS or a voice call with a verification code.
14.3. In case of justifiable doubts as to the correctness or completeness of the provided data of the Client, the Provider has the right to request a document confirming the identity of the Client.
14.4. The Provider has the right to refuse to provide services, including those previously activated, in case of the Client’s refusal to provide true personal data, refusal to verify by phone or provide an identity document.
14.5. The Client is given 72 hours to provide correct personal data and to verify it. After the rendered period, the Provider shall be entitled to suspend the Services until the Client resolves the matter. The compensation for the period of the Service stoppage or the change in the term of the Services is not performed by the Provider.
15. Technological measures of EUROHOSTER Ltd. on the application of Regulation (EC) 2016/679 of the European Parliament and of the Council.
16. Domestic company rules of EUROHOSTER Ltd. on the application and enforcement of Regulation (EC) 2016/679 of the European Parliament and of the Council.
17. Other points not listed in the Agreement shall be governed by the knowledge base and the current legislation.
18. All data, such as Client's personal information, correspondence between Clients and Provider, are strictly confidential and cannot be transferred to third parties, except as required by law.
19. By agreeing to these rules, the client agrees not to participate in any legal proceedings or claims against the Provider.
20. The Provider has the right, at its sole discretion, without giving notice and without due compensation to unilaterally terminate this Agreement if it finds that the services provided are used in violation of the legislation in the Republic of Bulgaria.
Latest revision 02.12.2018
EUROHOSTER Ltd. / UIC 203451640
48, Angel Dimitrov str., ap. 2, Burgas, 8016, Bulgaria