Terms and conditions - Virtual servers - HOSTTOX.com | HOSTTOX.com

TERMS AND CONDITIONS

Terms and Conditions for "Virtual servers"

1. Subject

These General Terms and Conditions are intended to define and regulate relations between VPS.BG Ltd., hereinafter referred to hereinafter referred to as "Provider", and any customer wishing to use the "Shared Hosting", hereinafter referred to as "Customer".

Each customer using the "Shared Hosting" (hereinafter referred to as "Service"), agrees to abide by the Terms of Provider.The contract between the Contractor and the Client is concluded from the moment the customer clicks on the virtual button "I agree with the Terms". By performing this action by the Client, he confirms that he is familiar with the Terms and that will follow them unconditionally.

Provider reserves the right to change the Terms of Use at any time. Changes will be posted on this address.

2. Information about the Provider

Information under the Law on Electronic Commerce Act and the Consumer Protection:

  • Name of the Provider: VPS.BG Ltd.
  • Seat and registered address: Sofia, Mur 21А
  • UIN: 203144520
  • VAT Number: № BG203144520
  • Data Controller Certificate: 413076
  • Supervisory bodies:
    • Commission for Personal Data Protection
      Address: Sofia, Ivan Evstatiev Geshov Str. № 15
      Phone number: (02) 940 20 46
      Email: kzld@cpdp.bg
      Website: www.cpdp.bg
    • Commission for Consumer Protection
      Адрес: Sofia 1000, Slaveykov Sq. №4А, Floors 3, 4 and 6
      Phone Number.: 02/ 9330572
      Website: www.kzp.bg

3. Characteristics of the service

The Services, provided by the Provider to the Users includes the following:

  • Provide full access for service management (root access);
  • Provide resources according to the chosen subscription plan;
  • Provide technical access to the Service;

The client in any case no rights over the equipment used to provide the Service.
Information on subscriptions of service can be found here: https://hosttox.com/ssd-vps

4. Acceptable Usege

4.0. General provisions

The service and any additional products to it can be used only with legal purposes.
Storage, distribution and link to any type of content that is contrary to the laws of the Republic of Bulgaria, the generally accepted ethical norms and the Internet is strictly prohibited.
Explicitly prohibits the use of services, clients have the following type of content (such as files or links) in hosting account:

  • Pornographic materials;
  • Hacker programs or archives, and applications stress testing or testing the security of a network, system or group of systems and networks;
  • Applications for port scanning network;
  • Software application or to send spam;
  • Online Games;
  • IRC applications and software;
  • Content copyright-infringing;
  • File download or similar type systems for file sharing;
  • Striimvane Audio and Video;
  • Rating sites and systems platforms for file / image sharing;
  • Content that is inconsistent with generally accepted ethical and moral standards, and internet label;
  • systems serving local content from external servers unauthorized access;
  • Torrent links and applications using a similar protocol, torrent tracker;
  • The use of tools and applications beyond those intended for the purpose of service, as well as those which, although used for the purposes of the Service violate the normal operation of the system and / or network provider.

Expressly prohibits any kind of destructive activity, which includes but is not limited to:

  • Network and application attacks;
  • Stress tests, testing the security of one or more systems and networks;
  • Crossing, retrieving or accessing information that is not intended for the User;

The provider reserves the right to terminate service to customers, if in his opinion it is in violation of the above conditions.

4.1. Emails

The provider prohibits the use of the Service for mass email marketing or spam, this includes, but is not limited to:

  • Sending unsolicited commercial communications within the meaning of Art. 68k pt. 3 of the Law on Consumer Protection in the Internet;
  • Send newsletters, catalogs, commercial offers, invitations to events or events for commercial or non-commercial nature, reference materials, advertising and / or promotional messages and any other communications unrelated to the common goal of the used mail server and the usual activity User correspondence led by him;
  • Send any messages modified and falsified headers (headers) and send anonymous emails;
  • Host pages or applications to send spam or anonymous e-mails that do not require registration;
  • Send all messages / emails requested or unsolicited excess amount of 350br within 60 minutes.

When using the Service email marketing (below 200 messages in 60 minutes), the User is obliged to keep accurate and up to date register of all agreed on a requested message recipients, and to present it at the request of the Contractor. Maintaining such a register, the user must also show the way in which the recipient can unsubscribe from register. If canceled by the user to provide such registry provider will consider messages as unsolicited.
All the conditions of this paragraph shall apply to customers who use or operate mailing lists (mailing list).
Having entered the IP address blacklisted or filtration systems, as a result of the actions of the Customer or due to any breach, the Provider reserves the right to suspend the service entirely.

5. Rights and responsibilities

The Contractor will provide service in the form of account (root account) with access to system and network resources that customer use of their software applications and / or web sites.
The provider guarantees 99.9% service availability (uptime), as this warranty does not include planned maintenance, which the provider performs.
The Provider is released from liability by the performance of its obligations under these Terms in the occurrence of force majeure events or circumstances (force majeure) and events of an extraordinary nature, including emergency equipment, fire zlomishleni actions by third parties, network attacks, hacker attacks and other zlomishlena activity that harms proper functioning of the service.
In the event of a hardware problem that causes inaccessibility of the service for no more than 6 hours and not more often than once a month, the Contractor shall be exempt from responsibility and performance of its obligations under these General Terms and Conditions.
Provided by a system, hardware and network resources are accessible to service and unwarranted, but the Contractor is obliged to provide high quality services, suitable for normal use.
In case of culpable breach of their obligations under this agreement, the Customer shall pay the Contractor compensation for all damages that result from the breach of contract.
The Client shall indemnify and discharge Provider in lawsuits and claims of third parties (whether justified or not) for all damages and costs (lawyers' fees and court costs) arising from or in connection with breach of any the obligations under this contract, breach of copyright, producing, broadcasting rights or other intellectual or industrial property rights granted to the Client for the terms and conditions of the contract.
Provider is not responsible for:

  • The proper functioning of use of the client software applications and Web sites;
  • Damage to User caused by third parties;
  • Damage or lost profits caused to the Client in the process of use or non-use of contracted services;
  • Damage caused due to overcome the security measures of technical equipment through which services are provided;
  • Issues with communication equipment or services from third parties, unless the reason is not in the Provider and its equipment;
  • Unlawful acts of third parties such as obtaining unauthorized access, transmission or spread of computer viruses, etc., Who managed to overcome the antivirus and / or "firewalls" used by the provider system to protect information security which is transmitted through the network.

6. Termination of the contract and refunding

The Provider shall provide a grace period of three days, in good faith and in its sole discretion, upon expiration of the term for which is paid service.
Upon termination of the contract, the Contractor is not required to provide access to services, files, materials and resources associated with the service, which terminates the contract.
Upon termination of the contract, the Contractor is not required to keep the materials, files or resources associated with the Service.
The fee for the service can be restored unconditionally and in full if the user stated desire to cancel the service within 14 days after activation.
Upon termination of the contract by the User after 14 days of activation of the Service Provider reserves the right to recover the prepaid fees only at its discretion.
The Contractor may terminate the contract unilaterally, in this case pay a penalty fee for the remaining period of service.
Failure to comply with the Terms and Conditions of the Provider, he owes a penalty fee for the remaining period of service.
With deteriorating quality of service and breach of warranty by 99.9 percent availability, the Customer is entitled to demand compensation in the amount of 50% of the fee for the current month.
Breach of one or more conditions of the General Conditions and the laws of the Republic of Bulgaria by the Client Provider reserves the right to terminate service and contract unilaterally, without notice and without paying indemnity and without due prepaid fees.
In all cases, the responsibility of the Contractor to the Customer may not exceed the value of customers pay a monthly subscription fee for the services.
The recovery of charges by the Contractor becomes only bank transfer.
The provider is exempt from responsibility and obligations under the contract the occurrence of an event constituting force majeure.
On expiry of the three-day grace period after the expiry of which has been paid service provider does not guarantee the retention of files, materials or resources-related services and content of the account can be completely erased, for which the Contractor is not responsible.
The contract shall be terminated in the following cases:

  • In the seizure or sealing equipment Provider by government authorities;
  •                         
  • Upon termination or declaration of liquidation or bankruptcy of one of the parties;
  •                         
  • By mutual consent of the parties expressed in writing;
  •                         
  • With the deadline for which is paid by the Customer Service.

7. Other provisions

The provider undergoing scheduled maintenance in order to increase quality of service and testing for early detection of problems with it.
The Provider will not make more than one prevention month and any prevention can not cause more than 4 hours inaccessibility of the service.
All outstanding hereof, the provisions of the legislation of the Republic of Bulgaria.
Owner user account and services purchased by it is a person registered account and make payment for the service. Users are obliged to fend for protecting virtual servers from hacker attacks exploiting weaknesses in security. The Provider shall not be held responsible for damages caused by vulnerabilities in websites or applications customers.
If there are sufficient grounds to assume that the behavior of the client using the Service, subject to these Terms and Conditions, could constitute a crime or administrative offense, the Contractor shall have the right, at its discretion, to approach the competent state authorities, giving them necessary assistance and all necessary information and materials in compliance with current legislation.
The provider is entitled for the duration of use by the User of the Service to send commercial messages to the user in order to provide information and advertisements on their own or provided by third party services, to make inquiries on various issues, conduct polls and more.
Customer and Provider is obliged to protect each other's rights and legitimate interests and to protect its trade secrets come to their knowledge in the performance contract and these terms and conditions.
The possible invalidity of any provision of these Terms and Conditions will not invalidate the entire contract.
All disputes arising from this general terms or relating to them if they can not be settled amicably between the provider and user through negotiation shall be referred to arbitration court at the Bulgarian Chamber of Commerce, according to its Rules of cases based on arbitration agreements, as applicable, will be Bulgarian law.
If making requests to the Department of Technical Support or in any other communication with the employees of the Contractor, the Client does not comply with decency, morality and accepted in customs criteria for normal behavior, Provider reserves the right to refuse assistance to the Client without giving any reason and without owing compensation.
These terms and conditions shall enter into force for all Clients of 1 October 2015.

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All prices include 20% VAT.