Service Level Agreement (SLA)
This agreement of guarantees of the delivery of services hereafter referred to as "Service Agreement" (or abbreviated as "SLA") applies to relations between Cloud.bg (cloud hosting provider or cloud provider) and to any customer who commissions the services of said company.
All the customers of Cloud.bg agree to the terms as an integral part of any contract for delivery of services which begins automatically once the web subscription form is filled out and submitted electronically. This agreement regulates the relationship between the business customer (you) and the service provider (us). It covers all the services which you, the subscriber, have chosen to initiate and the related charges. Please note that the Service Agreement contains three important components: "Basic Agreement" (General Service Agreement), "Conditions for Use of Services" (Terms of Service) and “Limits on Use of Services "(Acceptable Use of Policy). This agreement may include additional documents if services purchased require the customer to comply with further conditions.
When we use the terms "Agreement" or "Agreement of guarantees of the delivery of services" on any of the websites of Cloud.bg, in printed documents, electronic mail or other documents or correspondence, this refers to the entire document, not just parts of it. As our customer, you consent to the Service Agreement at the start of each subscription. This agreement starts immediately following the submission of an order form on our website or after signing a contract and is in force until the expiration of the subscription period. Unresolved issues such as missed payments or other controversies of a legal nature may result in a disruption of the agreement. Cloud.bg accepts explicitly that every customer who completed an order form ("Document for Entry into Service") has read the service order agreement, is familiar with its terms, and agrees to abide by them. Cloud.bg contends that this Agreement is meant to be implemented in the mutual interest of parties to which it applies.
BASIC AGREEMENT (General Service Agreement)
1. WHAT IS THE AGREEMENT?
During the process of submitting order to us you sign a "Procedure for Service" document which Cloud.bg prepares depending on the services which will be provided. The "Procedure for Service" includes all components of the service that you wish to be included and the associated costs. The "Procedure for Service" includes the entire agreement and guarantees of the delivery of services (SLA), which include "Basic Agreement" (General Service Agreement), "Conditions for Use of Services" (Terms of Service) and "Limits on Use of Services" (Acceptable Use of Policy). It may also include additions to the SLA if requested services by the client require Cloud.bg more conditions. The word "agreement", refers to any of the above mentioned interrelated documents. The agreement shall be enforceable once the "Procedure for Service" document has been issued.
Cloud (Cloud.bg): When we use the term "Cloud" we mean service delivered from Cloud.bg or produced by Cloud.bg's platform and/or infrastructure.
Conditions of Service (Acceptable Use of Policy): Conditions for the use of services are published on our website. They can be found on the homepage of Cloud.bg and links to this page can also be found on the order form.
Software: Software refers to the operating system (OS) and other programs installed on our servers. As our client, you have the right to use the software produced by Cloud.bg. This software is copyrighted and is the property of Cloud.bg, cPanel/WHM and/or other third parties. If we use any software owned by a third party, this will be clearly indicated. If any technical and other support is necessary for software owned by a third party, understand those companies are not bound by this agreement. Furthermore, we are not responsible for the software and/or programs produced and/or installed on servers not owned or operated by Cloud.bg. Please note that the proper use and operation of software owned by another party, which is not part of this agreement, may require you to directly contact the software manufacturer, which may include payment of fees, the acquisition of licenses or other forms of payment for use. Such relationships are entirely your responsibility and Cloud.bg is not liable.
Hardware (Equipment): Hardware (Equipment) means servers, virtual servers, or shared space that you use as our clients which include high-quality components. They are 100% owned by Cloud.bg (or FColor Ltd.) and made available for our customers to use, unless a contract explicitly states otherwise. The customer is responsible for the equipment and any loss or damage that may occur while in use. If any of the hardware components of the server fail under normal use conditions, Cloud.bg will temporarily remove the parts from use in order to replace or repair the component.
Cloud.bg issues a principled commitment to get the infrastructure, server, vps or Cloud account back online within five (5) hours if the damage happens during the regular business hours of 9:00 am to 5:00 pm (GMT+2) on weekdays. The recovery period in non-business hours and weekends must not take more than 24 hours. Failure to restore the server within this five hour (24 hours in non-business hours) period will result in a credit for services from Cloud.bg not to exceed thirty times the amount of forced interruption. The client is entitled to receive cash compensation or receive one free service month. "Emergency break" (Downtime) is the total number of minutes that had interruption service. This price is calculated based on monthly fee customers pay for use service Cloud.bg.
If the customer prefers to obtain a credit, this amount is calculated based on the service plan. The credit cannot exceed the monetary value of one service month. If, for whatever reason, interruption of the services described above, significantly exceed the equivalent of one month’s service, Cloud.bg can compensate customers by reducing the monthly fee for additional periods of time.
Please note that this part of the conditions for use of services relates exclusively to rented servers and equipment owned by Cloud.bg (or FColor Ltd.). These conditions do not apply to hardware, servers and equipment owned by the client and put it to use in a data center infrastructure by Cloud.bg. Please also note that the standards and deadlines for the restoration of interrupted service are based on regular weekday working hours. Outside of those parameters, it is very possible that the deadline for the restoration of interrupted service could be extended considerably. Because of various circumstances relating to third parties, Cloud.bg does not guarantee the time period in which to identify and remedy problems in the hours after 5:00 pm.
Please also note that the internal standardized method which Cloud.bg utilizes to identify and repair hardware problems with your server should not take more than two (2) hours. Since this agreement governs the legal relations between Cloud.bg and our customers, we aim to be extremely precise in assuaging any problems with service operations and are always looking to provide for the most expedient method of recovery.
Establish a failure: This is a process which verifies which components that have caused the forced interruption of work or other server hardware failure. This process starts from the moment the infrastructure, server or hardware component are uninstalled and ends until the problem has been corrected. The maximum period for this verification is two (2) hours.
Standard business hours: This is the time period between 9:00 am and 5:00 pm. This time period refers to the time zone where the server or other equipment in use is physically located.
Third party software: Please note that the software programs and property of third party that are not installed on Cloud.bg (Fcolor Ltd.) infrastructure (servers) may require technical and other support from producers or copyright holders. Any additional cost for maintaining software and programs owned by third-parties is the sole responsibility of the customer.
Net (Network): The network of Cloud.bg (FColor LTd.) is designed to ensure a high level of performance, usability and availability of service. Cloud.bg insures 99.99% network utilization (uptime). Downtime of the network (Network Downtime) is defined by this agreement as a 100% loss during transmission of data (data packets) from the server(s) of the client, located in a data center and/or Cloud.bg network to the nearest internet backbone server. Please keep in mind that network is defined as what Cloud.bg (FColor.bg) owns: the C class IP (Internet Protocol) network of servers utilized by our customers.
100% guarantee (Network Uptime): Cloud.bg will reimburse 5% of the monthly fee paid for use of hosting services for every 30 minutes that there is a disruption in the availability of the network (network downtime), the maximum amount of credit hosting account you can reach 100% of the fee paid by you to use services that were not available.
Managed Hosting: The customers of Cloud.bg Managed Cloud hosting services are eligible to receive priority access to special services including technical support which can help resolve any technical problems faster and ensure a higher level of hosting service and the fastest possible service. Using Managed Cloud hosting services is to the advantage of Cloud.bg customers who are then able to use the technical expertise of Cloud.bg for any aspect their relationship with the company. It includes tips and advice on choice of hardware, software configurations and comprehensive hosting solutions.
Interruption of service: "service disruption" includes inability to be use HTTP, POP3, SMTP, FTP, SSL and DNS on the way in which they were configured for our customer.
"Emergency break" (Downtime): This is defined as an interruption of service for at least 10 minutes. "Forced break" is when the server or servers are not available through standard means of communication in the internet, or trying to reach the network Cloud.bg from the nearest internet backbone when the service (equipment) is able, but not functioning.
Response: The services defined above are subject to guarantee; breaks in service will be restored to typical usage within two (2) hours from the identification and validation of the forced interruption by a team member of Cloud.bg.
Credit: In a case where there is a forced interruption of service for more than two (2) hours because of problems with the network, rather than hardware, the customer may request to receive monetary compensation equal to 25 times the amount of the the actual forced interruption of network availability.
Financial compensation is calculated based on the monthly fee for the service which the customer pays. It cannot exceed the cost of the service the customer pays for one (1) full month and will only be paid once per calendar month. Any compensation shall be calculated using the following formula: total number of minutes of a forced break, times the monthly cost paid per minute by the customer, and multiplied by 25.
Financial compensation will be paid no later than the end of next working month, unless there have been additional circumstances which require technical expertise or other documentation necessary to clarify the situation of forced interruption. Cloud.bg may decide to accelerate or slow down the payment of cash compensation if the delay is a result of circumstances which not provided for in this agreement.
Copies of Data (Backup): Cloud.bg customers should understand that maintaining copies of their data is not part of the SLA and of the service provided by our infrastructure, servers or managed servers, unless this is expressly written into the contract. If the customer does not explicitly record said specification into a contract clause that Cloud.bg is not obliged to make a copy of the information stored upon the server and therefore will not take responsibility for any loss of information the customer had stored on servers. Cloud.bg customers using servers and managed servers are aware of the fact that they are responsible for having copies of their data outside these servers.
This includes any loss of data due to hardware failure or any other type of system error. In cases of data loss when the client has no explicit clause for Cloud.bg to provide a copy of the information, Cloud.bg will not be liable for any damages that the client suffers as a result of loss of information. To better serve its customers and to minimize risks for any loss of information, Cloud.bg offers mirroring copy of customer information. It is secured with 2 (two) replicated storage area networks (SAN).
Document for entry into service (Service Order): This is either a paper document or a submitted web form in which the conditions and standards of the described services and the resulting products utilized are specified. Any service provided must have the necessary "Proof of Commissioning". This is document which shall be signed by you, or an authorized representative, our customer. In web pages under the Cloud.bg for domain "service commissioning" submitted by the client to Cloud.bg (FColor Ltd.) through the Order Form. These forms contain a box "I agree with this agreement and the guarantees of the delivery of services" (the Agreement) which once the document has been completed and submitted, the client has stated compliance with the Agreement.
SAN space or disc space (Space in a Storage Arean Network or Disc Space): The phrases "SAN space" or "disk space" mean the space of a cloud hosting account physical location of disk arrays on storage area network (servers) of Cloud.bg.
Data transfer (Data Transfer/Bandwidth): Data transfer is the total amount of information placed (uploaded or downloaded) into your cloud hosting account (virtual or physical) by an agent who is outside the Cloud.bg network. When internet users visit your web pages, your hosting account to your computer sends data to the visitor. This data may include web pages, photos, videos, sound files, software programs, compressed files and anything else you may apply to your webpages and / or may be placed or downloaded from your account. The more visitors you have on your website, the more general transfer of data through your hosting account.
UNRESTRICTED (UNLIMITED) Data Transfer (Data Transfer / Bandwidth): Cloud.bg does not provide "unlimited" or "unrestricted" data transfer. However if we use any of those term to describe the data transfer quotas part of any cloud hosting service, we understand "UNLIMITED" not as "timeless" or "without any physical limitations, but as data transfer, which Cloud.bg does not limit or restrict by quota. Services that use data transfer without quota restrictions still have the following physical constraints: (a) The customer may not occupy 5% or more of cloud system resources in an account for more than one (1) minute. This limit does not include resources occupied by programs or activities involving scripts like CGI, FTP, PHP, HTTP requests, etc.; (b) The user is not authorized to perform any processes on the server(s) which contains the hosting account privately. This includes all daemons, such as IRCD; (c) The user shall not use any data collecting program or index, including Google Cash/AdSpy in hosting accounts within the SCloud hosting plan (Shared Cloud Hosting); (d) The user does not have the right to use any software that communicates with IRC (Internet Relay Chat) network; (e) The user is not authorized to perform bit torrent applications, or any similar programs; (f) The user is not entitled to participate with your account in any system for sharing files, or peer-to-peer activities; (g) The consumer does not have the right to store games and server applications like counter-strike, half-life and others.; (h) The user is not authorized to perform cron operations in intervals smaller than 20 minutes.
Restrictions (Limitations): Only customers with managed cloud hosting services provided by Cloud.bg will be extended the package of guarantees known as the "Managed Hosting Guarantee” as defined in the Agreement. Restrictions and safeguards are in place if service is unavailable and/or there is an involuntary interruption of service due to a problem in the hardware that serves the stability of the network services and other internet components that are outside the Cloud.bg network. This includes such components or network services that Cloud.bg customers use to get to the internet. Any monitoring systems that are not part of the Agreement or not enrolled in a contractual relationship with CLoud.bg cannot be used as a tool for screening nor for used as evidence of the condition of a service. Data retrieved from such monitoring systems cannot be used to evaluate terms of this Agreement or any contract Cloud.bg has with a client.
Guarantees and compensation protected in this Agreement do not apply in any case where there is an attempt to damage or remove non-built components of the Cloud.bg network or the customer’s equipment. In the presence of a serious hardware problem, response times to a customer can be increased by one (1) hour, if such time is needed to solve the problem or to identify the fault. Customers are obligated to notify Cloud.bg if a third party in anyway attempts to harm the usage of service. Upon notification Cloud.bg will send a confirmation of receipt. This includes the acquisition by a third party direct access to the equipment of the customer.
Customer must prepare documentation which affirms the disruption of regular activity of from a third party that comes from at least two (2) different trace routes made up of different and independent points. Any interruption of service (Downtime) will be measured from the time the customer has reported the forced interruption of service to Cloud.bg electronically or by phone call, if for some reason the system is not accessible use. The end of the forced interruption of will be measured in time until the point in which the customer may use all its components.
In the presence of an involuntary interruption of service under the procedures of this Agreement, the customer must notify Cloud.bg within five (5) working days of such a situation and provide information about it via email or in writing by documents sent by registered mail to the mailing address of Cloud.bg - 11 Edison Str. 1st floor, Sofia 1574 Bulgaria. If this deadline is not met, the customer loses the right to any compensation recorded in the current agreements.
Any customer who chooses not to use monitoring instruments or limit their usage does so with the understanding that this customer of Cloud.bg automatically loses the right to receive the compensation provided for under this Agreement.
3. OUR ENGAGEMENT
Depending on your choices specified in the Agreement and to the extent to which our criteria covers the technology, Cloud.bg will create and provide cloud hosting services as defined by the standards secured in the Agreement. Cloud.bg will also provide a range of additional services and products according to any requirements a customer may have.
Cloud.bg will comply with the strict procedures and regulations instituted under the Agreement as it is these parameters which allow us to provide the highest possible quality services to our customers.
According to the types of services you commission and in accordance with the contractual relationship between you and Cloud.bg in the Agreement, we will gladly provide you with the technological expertise and assistance with your internet projects.
If for any reason Cloud.bg can no longer provide its customers with the Cloud hosting services, as they are defined in this Service Level Agreement (SLA), we shall publish a 30 days notice in our website and to send such notice to all Cloud account owners on the email addresses registered in Cloud.bg Account management system. If Cloud.bg is unable to provide you with the service as it is defined in this SLA, we shall not keep your account information and personal data. Any personal data or data hosted on your Cloud account must be permanently deleted from Cloud.bg storage area network.
4. YOUR ENGAGEMENT
You, as a customer, have agreed to use the services of Cloud.bg and understand the necessary level of security and caution, including the sharing of information and documents with Cloud.bg, storing data on the server(s) that you use. Moreover all customers are required to comply with the legislation that governs the applicable content on the servers that are used, and will follow strictly the Acceptable Use Policy (AUP) of HostColor.com. As our client you are obliged to cooperate with each Cloud.bg warranted investigation of a forced interruption of service, security problems, and any other violations of this agreement.
You agree to provide the accurate information to Cloud.bg, so that both parties can benefit from correct documentation, including the collection of necessary taxes (VAT) and charges for licenses, etc. You also may need to collaborate with Host Color on cases in which law enforcement requires information relating to the contents of the server(s) which you use.
Customers must provide correct and accurate information within the customer profile, including that which relates to financial dealings with Cloud.bg. Customers of Cloud.bg will be required to pay all service charges and liabilities arising from using the services of Cloud.bg which are clearly described in the “Service Order" form signed by you or activated once you submitted the completed order form electronically.
5. WHAT CLOUD.BG DOES NOT GUARANTEE
Cloud.bg does not promise that the service will never be interrupted or delivered without accidents or errors. You, as our customer, acknowledge that there are risks inherent in internet connectivity, which can ultimately lead to loss of confidentiality of data you and the ownership of the content on your servers.
Cloud.bg refuses to take specific or comprehensive safeguards on matters which are not described in the Agreement (SLA). Customers are fully responsible for whether or not selected services are suitable for the intended activities and achievements. If you signed a contract that expressly provides for additional services or products at any given time, Cloud.bg will provide them based on their presence and specific opportunities at the date of such request.
Cloud.bg does not promise, and assumes no obligation to make a copy of your information (Backup), unless such service is not ordered from you and does not appear as part of the services you use and/or is not part of the "Service Order "signed by both parties. We do not promise and are not required to work on the recovery of your lost information that we were not obliged to secure under this Agreement.
6. UNAUTHORIZED ACCESS TO YOUR DATA
Cloud.bg is not responsible for unauthorized access to your data through your account by third parties, unless they are the result of our error or technical failure in securing the services we provide as listed in standards of the Agreement. You are fully responsible for the use of Cloud.bg services rendered by your employees and/or others who may have access to your account and servers. Customers will shoulder full responsibility for any eventual damage and interruption of service due to the negligence shown on their side.
The initial period begins at the time of signing the "service commissioning" order form. This period is indicated as the dates in which Cloud.bg begin to provide the service as agreed upon by the customer. Before the expiration of a contract Cloud.bg can offer an extension, which may include adding or deleting clauses to the previous agreement. If neither of the two parties requires a renewal of contract with changed conditions, the contract automatically continues as previously stated in the Agreement as a month to month period. In the absence of a signed new contract, the previous agreement governs all relations between the two parties for each subsequent one-month period unless either party sends a written 30-day notice of termination of this relationship.
All installation charges and any other fees necessary for entering into service must be paid within three (3) working days after signing the "service commissioning" order form. The first monthly payment is due prior to activation. Service fees for each additional month must be paid to Host Color within three (3) working days of the monthly due date determined by the actual date of activation. Customers who are part of an automated payment system will be charged on the due date or up to five (5) working days thereafter. If fees result from the use of various additional services or the use of higher quotas for data transfer, etc. those will be charged during the month following that in which the service was used.
All fees must be paid on time. Cloud.bg (Cloud.bg Ltd.) reserves the right to terminate service if payment has not been made within five (5) working days after the last period. This termination extends to any other related services the customer may have as well. Customers are responsible for any reactivation fees, if any exist. Late payments will accrue interest charged by Cloud.bg. The rate is 1.5% per month and is charged for each day on the arrears. For all payments overdue by more than 30 days, in which Cloud.bg finds it necessary to collect by legal means, the client pays all expenses incurred by the provider for the collection of duties, including expenses for legal fees.
If a bill for services is paid by check or credit card and the bank refuses payment because of insufficient funds Cloud.bg will require payment of an administrative fee appropriate to the costs of receiving payment.
If the fee the customer pays to Cloud.bg (Cloud.bg Ltd.) is for services on a contract which has expired, Cloud.bg reserves the right to increase the fee for the use the services but will not do so without sending the client written notification at least 30 days before the payment due date of the new increase.
If Cloud.bg (FColor.bg Ltd.) becomes required by law to pay any fee or tax, arising from the use of customer service, the customer is obliged to cover costs incurred.
9. LIMITS OF USE OF SERVICES (ACCEPTABLE USE POLICY)
Cloud.bg can change the "limits of use of services to introduce restrictions on the use of services if they become standards in the hosting industry. Any changes in conditions and standards for use of the Services will be enforceable with (a) the renewal of service (b) the implementation of a new contract or additional service to the basic product or service that the customer uses a Cloud.bg (Cloud.bg Ltd) or (c) written notification by Cloud.bg sent in advance of 30-day written notice of the change.
If the changes concerning the limits of use of the service make utilization the commissioned service by the customer too unfavorable, the client is entitled to terminate the Agreement (SLA). For this purpose, the customer must send written notice to Cloud.bg 30 days before the intended termination date of the Agreement.
Cloud.bg (Cloud.bg Ltd.) will not charge a termination fee with the dissolution of the Agreement (SLA) to provide service if the suspension is requested in accordance with the above agreements. Host Color is willing to work with clients to achieve specific “limits of the use of service” and renegotiate if possible depending on the customer’s needs.
10. TERMINATION OF SERVICE
The customer agrees that Cloud.bg (FColor Ltd.) may terminate the supply of services without any responsibility or liability whatsoever why in the following cases: (a) if it is determined that the client uses the services in violation of the Agreement (SLA);(b) if the client refuses to cooperate with Cloud.bg for the purpose of conducting necessary investigations into the breach of this Agreement; (c) if an external attack on hosting account or server(s) in which third parties have gained access on a server or account without the customer’s knowledge or other similar event has occurred, and thusly Cloud.bg (Cloud.bg Ltd.) has reason to believe that the termination of service is a necessary measure to protect the network infrastructure and customer Cloud.bg; (d) if there is a judicial institution that is authorized or legally entitled to terminate service.
In the case of item, with the exception of d, Cloud.bg (FColor Ltd.) shall send notice of termination of service to the customer at least 12 hours prior to the act of termination; unless we determine that the immediate termination is necessary for protecting the interests of Cloud.bg and other customers of the company.
11. TERMINATION BECAUSE OF VIOLATIONS
The customer may terminate the Agreement with Cloud.bg (Cloud.bg Ltd.) if there is a failure to deliver IT hosting service consistent with the standards of the Agreement and the signed contract, if one exists. For this purpose, the customer must send written notice 10 days before the day on in which service is to be cancelled. The notice must describe the specific technical problems that the client had and the administrative failures of Cloud.bg (Cloud.bg Ltd.) not provided for as stated in the agreement. The client has the right to unilaterally terminate the use of the service period of 30 days after written notice is sent (by registered mail) to Cloud.bg and the company did not receive any response.
Cloud.bg may terminate the service and the agreement if it is found that the information provided by the client in connection with the use of services is incorrect or false, or if the person who signed the Agreement has no power to represent natural or legal person who uses the service, if there is unpaid late fees outstanding five (5) working days past the last date for payment specified in the Agreement or upon written invitation by Cloud.bg (Cloud.bg Ltd.) or if the customer fails to comply with any requirements of the Agreement. Cloud.bg reserves the right to terminate the agreement if the customer has violated the "limits of use of service” more than once, even if they have taken timely steps to remove the problem.
12. MONTH BY MONTH TERMINATION
The customer may terminate the Agreement by sending written notice of not less than 30 days before the date of service next month. Notice must be sent by registered mail or e-mail as it appears on the website of Cloud.bg. The cancellation request must be signed by an authorized person on the account.
13. FEES FOR PRE-TERMINATION
If the client wants to terminate the Agreement due to concerns which do not have to be disclosed to Cloud.bg, before the actual termination of the agreement has ended, the customer must pay Cloud.bg all fees for services. In this situation the customer will be responsible for paying the early termination fee and a lump sum payment equal to the remaining monthly fees of the services agreed upon as part of the service plan or other agreement signed.
The Agreement stipulates that the customer will pay a greater fee for early termination of services if such is recorded in a supplementary contract, which regulates the supply of a service in which IT hosting company if Cloud.bg (Cloud.bg Ltd.) has made a significant investment in hardware, software, network or other production on behalf of the particular customer who has not complied with the contract terms.
14. PRIVACY INFORMATION
Each of the parties of this Agreement agrees not to disclose confidential information related to bilateral relations, with the exception of such information which is required for delivery of services to protect the rights of each party entered into the Agreement or required to be provided law. Each of the two parties shall not disclose to any third parties confidential information of the other party relating to the following:
(a) will not inform the competitive companies, providers of similar services or third parties on the terms of the relationship under this Agreement
(b) will not to provide information on the other party to enforcement agencies, unless a judicial basis for doing so or if there is reliable evidence that the other party is preparing to make violation of the law
(c) will not to disclose information unless mandated by law
(d) will not provide data for the other party as part of a litigation, unless it is a duty under the law or if has received written consent from the other party seven (7) days prior to the actual disclosure of the information.
(e) will notify you, in case of a merger or acquisition, that a change of company's ownership is about to occur 30 days prior to the date when new owners would take control over the operations of Cloud.bg.
With this agreement, Cloud.bg has the right to announce publicly what services have been commissioned and can use the domain name of your company in the promotional marketing materials, including press releases or the web site. However, we do not have the right to use your trademark, logo or other materials without your explicit consent given on paper or by electronic mail.
16. LIMITATION, DAMAGES AND BENEFITS
Cloud.bg bears no responsibility or liability to any client for failure to deliver any IT hosting service, unless such a failure has been previously stated in the agreement or if we have violated the terms of the Agreement, and we are negligent in the performance of their duties, or we have intentionally violated the Agreement.
If we have committed misconduct connected with one of the above assumptions, Cloud.bg will provide monetary compensation recorded in the document commissioning of service (Service Order). This is the maximum compensation which we owe under this Agreement.
Cloud.bg (including our employees, agents, partners or suppliers) is not liable for indirect, incidental or any subsequent losses of the client may incur which could have been avoided by the party as a result of adequate action and desire. This is true even if the customer did notify Cloud.bg (Cloud.bg Ltd.) of such problems or their future probability and damages resulted.
Cloud.bg is not responsible for any loss of data and information unless the client has specifically ordered and paid at the date of data loss occurs, a service associated with storing backup of the data (back up) by Cloud.bg. Customers of Cloud.bg (Cloud.bg Ltd.) release them from liability for the loss of data for the period in which data are lost between the periods specified in the Agreement to create a backup of customer data.
If there is a failure of Cloud.bg to deliver guaranteed services agree upon and we are in violation of these terms, the maximum financial liability and compensation by Cloud.bg to its customer will not exceed six (6) monthly service fees. This condition disappears only when it is established purposeful neglect or violation of the client's interests or the safety of the data.
If you, your partner(s), or any employees, agents or suppliers is being sued by a third party because of negligence or carelessness on the part of Cloud.bg (Cloud.bg Ltd.) for targeted action because of the violation of law or failure to secure the agreement of the terms due to our fault, Cloud.bg will pay the cost of defending the accused party, including reasonable costs for legal services, and imposed fines, penalties or other direct damages suffered as a result of legal action.
If fault is that of the customer’s and any employees, agents, suppliers or partners of Cloud.bg are brought up against an action for damages or fines or other financial penalty for failure to comply with the conditions use of services or any other part of the agreement, the customer agrees to cover the costs of the action, including reasonable costs for legal services, subject to fines, penalties and other direct damages which the party suffered as a result of legal action.
If one of the two parties to this Agreement receives notice of a lawsuit against the other or one associated with bilateral relations, they are obliged to inform as soon as possible the other side. Within one (1) working day, each party is required to consult with the other case, and within five (5) working days to send all the necessary materials and documents related to judicial action.
19. PRODUCTS AND SERVICES OF THIRD PARTIES
It is possible that software products and services of third parties will be used as part of our effort to provide better quality hosting services. Cloud.bg (FColor Ltd.) cannot guarantee that services and software produced by third parties that are not explicitly included in the agreement or contract will work exactly how the customer expects. No commitment to provide support for such standards will be guaranteed nor will Cloud.bg accept responsibility for any reliability issues. No guarantee extends also to personal software products and services that the customer uses at their own risk of responsibility.
20. WHO CAN USE THE SERVICE?
As a client, you can resell hosting services Cloud.bg (Cloud.bg Ltd.) and can get permission from us to authorize these partners and affiliates to market and resell our services. In this case, you are entirely responsible for them abiding by the terms of the agreement and are responsible for whether they meet the "limits of use of services. Host Color only provides technical support to you and is not responsible for third-parties who are granted access to services purchased by Cloud.bg (FColor Ltd.). Any third party is not involved in this Agreement and therefore has no rights or obligations under it. For any unlawful breaches, Cloud.bg reserves the right to take action against violators, whether or not they are part of this Agreement.
21. NOTICES AND COMMUNICATIONS
Communication with Cloud.bg is made possible through a your account. All safeguards and standards for information protection are only valid for services carried out in your account. If you want to send us a notice of termination of service or other communication which refers to the conditions of the Agreement, this should be done by or message in you account to be sent by registered mail paper at: Cloud.bg (Cloud.bg Ltd.), 11 Edison Str, Sofia, 1574, Bulgaria.
CONDITIONS FOR USE OF SERVICES (Terms Of Service)
"Conditions for use of services", abbreviated "terms", governs the way customers use Cloud.bg services. There are different conditions associated with different classes of cloud hosting services, as well as other types of services and products we provide to customers.
The conditions are part of the Agreement and the guarantee of the delivery of services (SLA) and regulate relations between Cloud.bg and the clients and using the services. As an Cloud.bg customer, you agree to abide by the "terms", together with other parts of the Agreement.
1. GENERAL CONDITIONS (apply to all cloud hosting services)
Cloud.bg provides hosting services from data center located in Sofia, Bulgaria. Each of our clients who choose to keep their website and their projects in our data center accepts that it must comply with the European law, and the law of the legislation where they conduct business.
Cloud.bg will create and activate your cloud hosting account after receiving payment for the commissioned service and upon approval by our technical team. Service classes requesting "Virtual Private Servers" and "Dedicated Servers" must fill out a Service Order and/or sign a contract with Cloud.bg, where one is required. Installation fees required for specific services are nonrefundable. Amounts that the customer has paid for the use of hosting services are subject to financial guarantees as follows:
- Cloud Hosting - annual contract for SCloud - 30-day money back guarantee
- Cloud VPS - 15-day money back guarantee
- Cloud Virtual Dedicated Servers - no money back guarantee for service plans that come with waived set up fee or no set up fee, if not expressly entered into a contract
Correspondence between Cloud.bg (Cloud.bg Ltd.) and the customer should be done in customer's account zone or by electronic mail (E-Mail). Service by telephone or any other means of communication programs such as messaging and internet telephone is a secondary channel for communication for the client and is intended to improve convenience and service. These aforementioned channels are not considered official in terms of communication between you and Cloud.bg. Using one of these channels for the award of work, communication of technical problems or to send messages is not evidence of communication between the client and Cloud.bg and cannot serve as evidence in disputes relating to service quality or performance standards and guarantees as stated in the present conditions and in this Agreement.
When using credit and debit cards and other payment instruments in real time, the customer is responsible for the accuracy of information being supplied. In the event of delay in processing of the order and the payment data’s correctness is still your responsibility. In order to insure reliability of payment customer service operators may ask for copies of identification papers, or other evidence that proves that you are the card owner. You are not obligated to provide any personal information, but if an employee of Cloud.bg cannot identify you, we may cancel your order.
Upon request by you, team Cloud.bg can transfer your website to our servers as a courtesy to our new customers However, in order to achieve a high-quality of service; we expect full cooperation on your end with the transfer. If problems of any nature occur, Cloud.bg is not responsible for your information.
When you take advantage of this type of service you acknowledge that the different platforms and hosting providers often use have varied technology standards, settings and hosting environments. Therefore, in order to better serve you in the process of moving your website team Cloud.bg requests that you begin the transfer of information at least 30 days before the expiration of your domain name and at least 30 days before the service to use with another provider is expired.
Cloud.bg is a business-class hosting provider suitable for IT hosting quality web sites and projects that have clear development plan. All services that we create and provide to our clients must be used for legitimate activities only. As a customer you agree that Cloud.bg (Cloud.bg Ltd.) is not responsible for the content of your web site and that Cloud.bg will not have claims brought up against the company as a result of the way you use the service provided.
Below you see examples that include, but are not limited, the types of activities and prohibited content hosted in Cloud.bg and our network of class "SCloud Hosting" (Shared Cloud Hosting) and RCloud Hosting (Reseller Cloud Hosting)":
- Topsites and top site lists software for indexing (Allowed on Cloud VPS or Dedicated Servers)
- IRC bots and programs (Scripts/Bots)
- Proxy Agenda and anonymity (Scripts Anonymizers)
- Warez pirate software and content
- Programs such as Photo Hosting at Photobucket and class Tinypic (Allowed on Cloud VPS or Dedicated Servers)
- Programs and autosurf Web sites and generate traffic (AutoSurf / PTC / PTS / PPC) (Allowed on Cloud VPS or Dedicated Servers)
- Websites and programs to scan IP addresses and information
- Bruteforce programs and tools
- Program to send mass e-mail or SPAM (Allowed on Cloud VPS or Dedicated Servers)
- Programs and Systems for rotation of banners, with the exception of those included on the services (Might be allowed per request)
- Programs Dump file or create mirror images of sites (Mirror Scripts like rapidshare)
- Commercial software programs and for transfer of audio files such as audio streaming (Might be allowed per request)
- Brokerage, bank or financial data (Allowed on Cloud VPS or Dedicated Servers)
- Web sites with sensitive stock market investment information (Allowed on Cloud VPS or Dedicated Servers)
- Programs and applications requiring large amount of CPU time (more than 1% of the total CPU of the cluster) and resources (Allowed on Cloud VPS or Dedicated Servers)
- Websites connected to lottery and/or gambling
- Basic bank programs
- Sites and pages with content relating to appeals or racial slures, intolerance, sexism and aggression
- Hacker sites or sites with tips for overcoming the copyrights or to remove them
- Web sites that promote illegal activities
- Forums or social networks, which serve as distribution of warez, pirated or illegal content
- Sites that serve to defraud lift personal data and preparing or conducting falsifications
2. DOMAINS AND DOMAIN REGISTRATION
When we use the words "web address", "domain", "internet name", "web name", "name", "domain" or "domain name" in this section of the "Conditions" means each "domain name" (Domain Name).
All domains registered by Cloud.bg for our customers entering the Whois database with names and contacts of their owner. Placing of correct data - name, company name, address, telephone, e-mail, etc. - in the fields for contacts in the registration of web addresses - is required. Putting inaccurate or false information is basis for Cloud.bg to suspend services.
Each domain that you register may be placed on status "Confidential" (Whois Privacy Shield), which allows you to hide your domain contacts and personal data from the general Internet audience. In the case of legal situations Host Color will disclose to the appropriate authorities, only those who have the right to obtain such information about the owner of the domain.
As a client, you agree that the fees that you pay for domain registration are non-refundable and cannot be recovered from Cloud.bg (Cloud.bg Ltd.) if your domain is already registered. Registration of web address (domain) is entirely at your own expense, and once registered name cannot be changed. The domain is your property and Cloud.bg is not liable for any error in registration; you must pay a registration fee for new domain if you want the web address to be changed.
The domain is your property until the expiration of its registration. As an owner you wear full responsibility for the renewal of the web address and release of Cloud.bg of any liability to retain, pay, or care for your domain if it has not been paid within seven (10) days before its expiration date.
Each of the web addresses (domain) a customer registers is governed by certain rules which are determined by the owner and the principal registry which operates the TLD. Upon registration of a domain you agree to the overriding conditions of ICANN and national registers. Any violation of any of them can lead to loss of ownership of your domain.
As the owner of the web address you are solely responsible for its renewal. If the date for the continuation of ownership of a domain is missed, Cloud.bg will examine options for returning your property on the domain, but this is not a commitment that will restore your rights to the corresponding name. Upon recovery of the domain (General TLD - COM, NET, ORG, BIZ, INFO, EU, WS, etc.), whose subscription has expired, the customer must pay a redemption fee of $120. This fee is required under the rules of ICANN and domain registering partners of Cloud.bg (Cloud.bg Ltd.). If Cloud.bg can restore the ownership on an already expired domain without paying this fee, you also are exempt from this fee.
If you want to transfer your domain from one register to another, including to the system of Cloud.bg or beyond, you are required to make a request at least 21 days before the expiration date of web addresses. Failure to comply with this condition could pose a possible risk to your transferred domain, and thus gives Cloud.bg the automatic right to refuse implementation. When transferring a domain the customer is required to pay all charges which stem from the move in or out of the Cloud.bg.
3. WEB SITE HOSTING (CLOUD HOSTING OR SCLOUD)
All web site hosting services of Cloud.bg meet the highest standards of quality in the hosting industry and are produced by software owned by Cloud.bg, cPanel Inc or other third parties with whom we entered into agreement.
Using SCloud Hosting (SCloud Hosting) accounts for the storage of backup data (backup/storage) is not allowable except in the case for using the control panel of your hosting account or FTP client to create an external copy of your data and information.
Cloud.bg guarantees the 100% (99.999%) uptime by mirroring all the data in mirror storage area network (SAN). However all customers are notified they they must make their own archive copy (archive back up copy) of the information they host on the Cloud.bg. Cloud.bg does not make archive copies of your information as a part of the standard SCloud, RCloud or RSCloud hosting services. The use 100 GB (or more) of premier SAN space to keep archive of your data is separate service which is a subject of an additional fee. So although your websites and data are fully safe, we still recommend you to make a weekly archive of the data you host in your CLoud.bg account.
4. Cloud VPS (VIRTUAL PRIVATE SERVERS)
Cloud.bg uses full virtualization (KVM) and OS virtualization technologies to create virtual environments and to provide this service to their customers. All software products and applications are owned by us and our third party software partners. You may not alter or attempt to change system settings on the software products or rights of use and intellectual property on them.
All virtual environments and Cloud VPS hosting services produced by Cloud.bg (FColor Ltd.) are available to our customers without service management (Unmanaged). The client is obliged to manage the virtual server and should not expect Cloud.bg to work on a Cloud VPS hosting account. This part of the conditions for use is for the protection and the information and to ensure the quality of services that a customer uses. Any attempt to breach is grounds for termination of service.
Each client of Cloud.bg, who wants to receive partial or full-intervention from a team of specialists from Cloud.bg to manage (FM VPS) the virtual server must send a request by pZone and to buy a single block of subscription services FM VPS. It costs €50 per month and includes four (4) hours of work management and VPS hosting for the customer.
Cloud.bg creates and registers your virtual environments (virtual servers) for a period of 1 to 24 hours after receipt of payment and activation of your VPS Hosting account. You agree to cooperate with any delay in your order due to the workload of our staff and the fact that other customers have ordered our company services and products that require work on our team put into service. Time required for installation and commissioning is different than in the burden of the workload of team Cloud VPS. Standard time to prepare for use of the service is 2 hours.
All conditions for the use of virtual servers Cloud.bg is subject to general agreement, including "limits the use of the service”. Any violation of this agreement entitles Cloud.bg to terminate the service.
Cloud.bg may provide customers with Cloud VPS virtual environments on a free license of its proprietary web hosting automation products (control panel or other software packages) for managing web servers in an attempt to reduce the costs of managing their VPS hosting accounts. Cloud.bg owns the copyright on this software. Attempts to modify its functionality, for violation of its integrity and functionality are in breach of the Agreement and an offense under copyright law.
5. CLOUD DEDICATED HOSTING (CLOUD SERVERS)
The services provided by "web servers" or "Dedicated servers" comply strictly with regulated technical standards. These standards ensure high quality of service. If a customer violates imposed standards, this can result in the elimination of the guarantees put forth by this Agreement. Cloud.bg "Cloud Dedicated Servers" users are not authorized to change system settings and configurations of web servers available. This includes, but is not limited, to operating systems, setup web server, mail server and other system settings.
Cloud.bg allows customers to customize the way servers are tuned, but requires customers to notify changes by Cloud.bg accounts zone, the personal customer center. This requirement is to guarantee the quality of services provided at any time a team specialist of Cloud.bg in charge of technical support whenever necessary or is requested.
Cloud.bg offers its customers the opportunity to SSL certificates. The client pays in full in advance for the wanted certificate. All paid fees for the use of SSL certificates are final and not refundable.
ACCEPTABLE USE OF POLICY AND LIMITATION OF USE OF SERVICES (AUP)
"Limits of use of services" (Acceptable Use of Policy abbreviated as "rules" or “AUP”) are an integral part of the Agreement (SLA). The customer agrees to them by submitting a commission of service (Service Order) on Cloud.bg website and is aware that violation of the rules means that the service they use will be terminated in accordance with the Agreement. Printed as “AUP” or "rules", these terms have the same meaning as "limits of use of services.
All inquiries relating to the policy of Host Color terms of norms can be sent to our e-mail via the contact form and pZone.
A customer may not use the network of Cloud.bg or of our suppliers and partners to participate, encourage or promote illegal, fraudulent activities or to demonstrate irresponsible behavior. This includes but is not limited to the following activities:
- There is no right to encourage, support or give support to the infringement of copyrights, software licenses, trademark rights and all other kinds of property.
- No right to perform unauthorized and improper access to data, systems or networks and no right to use the services and network access as Cloud.bg such.
- There is no right to use the services and network of Cloud.bg for breakthroughs in technology systems and networks to overcome the security systems and distorting the law to access personal data without the express written permission of the owner of these networks or data
- There is no right to make the transfer of monitoring data or traffic on any network or system without express written consent of its owner
- There is no right to interfere in the network HostColor.com or any other network, including sending unsolicited and unauthorized e-mail for commercial purposes and to send any electronic queries that lead to load or limiting the ability of systems and networks.
- There is no right to use the hosting account of another without his written permission
- There is no right to use the network of Cloud.bg for the collection or use of electronic mail addresses or other identifiers without the express consent of the other party. This includes but is not limited to, spamming, theft of passwords, or collect personal information without the consent of the owner
- There is no right to use false, misleading or false TCP-IP information and data in e-mail (Email) or newsgroups (Newsgroup)
- There is no right to use the services or network Cloud.bg to distribute software that collects information about users or sending or receiving such
- There is no right to use the services of Cloud.bg to use software for delivery and display of advertising media and distribution of advertising content unless: (a) the user or owner of the website is not clearly stated their willingness to accept such ads or software (b) The software cannot be removed easily with standard tools available in the major operating systems
- There is no right to use the network Cloud.bg in activities that violate the laws of the European union or any other International legislation
- There is no right to use the services, products and network Cloud.bg, to offend, insult to employees, customers, partners or agents of Cloud.bg (FColor.bg).
- There is no right to encourage, support or tolerate any activities that lead to a server or network component Host Color be subject to DoS attacks (denial of service attack)
2. MASS COMMUNICATIONS IN E-MAIL (Bulk or Commercial Email)
Every customer of Cloud.bg is obliged to comply with international legislation against spam and the rules concerning the unauthorized use of email. All customers are required to abide by the terms of the usage of e-mail with the following laws and directives:
- CAN-SPAM Act of 2003 United States federal law setting standards in the electronic correspondence
- EU 95/46/ES Directive on data protection
- EU 2002/58/ES Directive for the processing of personal data and confidentiality of electronic communications
- Directive 2000/31/EC of services related to information society
- Directive 97/66/EC of confidentiality and privacy in the telecommunications sector
Please note that recipients of your sent e-mail should have given you express consent to send details of your offers and other electronic communications of a commercial nature, which invites them to conclude the transaction or to buy the product or service.
You may not send a message to standard mailing addresses that has not expressly consented to receive news or other form of correspondence from you. This includes even your existing customers.
If we receive complaints from third parties that have received spam from your web address, Cloud.bg will require you to present clear evidence that you are authorized to send messages via email.
With the creation and management of mailing lists (email lists) and newsgroups, it is extremely important that the recipients have access to a visible link to a subscription web page in which their email address can be immediately removed from the ballot or the list of recipients.
If you send emails to recipients who have given their permission to receive messages from you, there must be a web page on your site that serves as a place where complaints related to spamming and other types of e-mail abuse can be addressed. Furthermore, it is mandatory for you to register a relevant e-mail address at abuse.net if you work in international markets and if you send electronic mail to other EU based or U.S. recipients. You also are required to have a clearly defined policy of confidentiality and respond quickly to any queries and complaints from recipients.
In addition, you should not attempt to send e-mail to an address in which three consecutive failed attempts to deliver your mail has occurred. The time period between the third and final refused attempt from that address should not be less than 15 business days.
The above rules apply for the services used in conjunction with Cloud.bg and messages sent from mail servers which serve external e-mails. Cloud.bg reserves the right to at any time to monitor the observance of the above rules and to check whether customers of Cloud.bg are complying with the standards of this agreement and limits of the use of this service.
If Cloud.bg has suspended a customer account due to sending spamming or unauthorized email messages or due to violation of any of the laws and/or directives quoted above, the owners of the account is not eligible for refund. Any chargeback initiated by customer of Cloud.bg who has violated this term of the SLA is not legitimate in terms of this Service Level Agreement (SLA). As customer of Cloud.bg you agree with the terms of this SLA
Attempts to find a vulnerability (Vulnerability Testing): To test or scan with the intention of trying to penetrate or test the vulnerability of systems of Cloud.bg or under any circumstance to try and breakthrough network security and the system of authentication without the express permission of Cloud.bg is not permitted.
Newsgroups, Chat and networks (Newsgroup, Chat Forums, Other Networks): Customers must comply with the rules and the agreements of published content in forums, chat groups or other types of internet communities and discussion formats, which allow users to take part as IRC and USENET groups. Observance of their rules is mandatory. You will be denied use of HostColor.com services if found in direct violations of the rules in the above communities.
Aggressive offensive content (Offensive Content): The publication and sending offensive and aggressive content on servers in the network Cloud.bg or links to any content of this nature is a violation of the Agreement. In our network, you may not:
- Store, promote, encourage or tolerate child pornography and other forms of brutality
- Invite violence, or approve forms of violence, or to justify forms of violence or threaten violence
- Offend people, groups of people, or different ethnic groups * Infringe on privacy
- Create safety or health hazards in the lives of individuals
- Violate public or health safety, national security or disrupt the investigation of authorized bodies of the Judiciary
- Violate of laws that protect consumers, no matter the jurisdiction, and to perform or fraudulent pyramid schemes
- Violate trade secrets or post information owned by others
- Support third party infringement on copyrights and licenses
- Violate the property rights of other people or organizations, trademarks, patents or other forms of intellectual property
- Promote illegal activities such as dissemination of drug information to support the spread of drugs, illegal gambling, illegal arms trafficking, people, money or goods It is important to know that the content published, sent or received through the Cloud.bg network or through Cloud.bg equipment includes web content, e-mail, posting messages in forums, chat and other publications, or transmission of information on the Internet.
Materials subject to copyright (Copyrighted Material): Customers may not use the network and equipment of Cloud.bg to download, publish, distribute, copy or other activity which relates to copyright infringement, including text, music, software, artwork , photos, video and sound files and any other files in which the right to use such copyrighted material has not been granted. Exceptions are:
- Cases when authorized by the copyright owner to use the material
- When authorization to use copyrighted material from relevant institutions in the texts of non-infringement of Copyright Act is applicable. Otherwise Cloud.bg may without notice to terminate the use of the service.
Information on the web address (Domain Contacts): Customers of Cloud.bg are required to provide accurate and current information about registered domains and other services that are used or available for use by third parties, if they use the direct Services of Cloud.bg.
When using the services of Cloud.bg customers may only use IP addresses provided by Cloud.bg. As part of the "rules" to which customers agree is that if the IP address (property or Cloud.bg) which is available for your use is found to be used for spam by any of the internet bases set up to fight against spam like Spamhaus, Spews, NJABL, etc., the customer is automatically found in violation of the "limits the use of service”. In such a case Cloud.bg may take any steps it deems necessary to protect their IP numbers. This includes termination of services and prohibition of access to the server or hosting account. This action will be taken whether or not the corresponding IP address has fallen onto the prohibition list because of your actions or for some other reasons.
Consequences of violation of norms "(Consequences of Violation of AUP): Cloud.bg may impose penalty charges on customers who violate" limits the use of the service” and consequently cause a technical problem in a system or network Cloud.bg and jeopardize our other customers.
The penalty charge is the amount of $150 for each hour in which our team is forced to work on the restoration of security, network or services. This fee does not cover any damages to equipment and inquiries necessary to investigate the violations of rules, or benefits owed to other customers under this Agreement as a result of this violation of the AUP, and any other damages, which the company or/and other customers suffers as a result of violation of limits on use of the service.
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