Art. 1. These Terms and Conditions are intended to govern the relationship between VipeHost.com / VipeHost.ME, hereinafter referred to as the PROVIDER, and the users, hereinafter referred to as USERS, of the hosting service he provides, hereafter referred to as the Service.
II. SERVICE CHARACTERISTICS
Art. 3. Service provided by the User’s Provider includes the following:
1. Providing free space and server resources to the Provider, to which the User has the right to publish and share with third parties on the Internet information;
2. Providing access to an administrative panel for publishing, processing and disposing of information shared on the provided space and server resources;
3. Providing the ability to use email services;
4. Providing the Service, according to the current subscription plan and parameters;
5. Provide technical support for the service, including sending email notifications to change the service, suggestions to improve the service, add new functionalities, or upgrade to its parameters;
Art. 4. (1) The Provider shall provide and the Users shall use the Service in accordance with the parameters of the respective subscription plan selected by the Users in its current parameters at the relevant moment of performance of the contract.
(2) The Provider shall provide the Service within the reasonable, reasonable and accepted practice and custom of consumption. The Provider announces an exemplary listing of the dishonest use and technical and software limitations of the Service in Policies.
(3) In case of establishment of a deviation from the use under para. 2, the Provider has the right to temporarily or permanently restrict or discontinue the provision of the service.
(4) In the event that the User is a user within the meaning of the Consumer Protection Act, the Provider shall only provide the Service according to the subscription plan addressed to users. If this is not explicitly stated in the subscription plan, it is considered that the most limited and basic subscription plan with the lowest cost is targeted only to users within the meaning of the Consumer Protection Act.
(5) Users of the Service are only natural and legal persons who conclude a contract with the Provider and wish to use the Service. Users may be adult and capable individuals or legal entities, represented by their legal representatives or duly authorized persons. Physical persons – users use the services for the following:
– for personal purposes on a basic (lowest price and specification) subscription plan for the Service if they have the quality of a consumer within the meaning of the Consumer Protection Act.
– for their commercial, professional and business activity and declare that they are not consumers within the meaning of the Consumer Protection Act;
(6) The owner of the account for use of the Service shall be the legal entity that made the first payment for the Service with an invoice for this payment or the physical contact person specified in the created account for use. Third parties are entitled to pay the subscription plan price on behalf of the User without becoming a party to the contract and without becoming the owner of the Service account.
III. PRICE OF THE SERVICE
Art. 5. (1) The Provider shall provide the Service against remuneration payable by the User in accordance with the subscription plan chosen by him / her.
(2) Information about the various subscription plans is available on our web site.
Art. 6. (1) The user pays the price of the service at the beginning of each subscription period.
(2) The supplier confirms the receipt of the payment by activating the service.
(3) The user has the right within 30 calendar days to give up the service and terminate the contract without notice and without giving any reason.
(4) In the cases under para. 3 The Provider shall refund to the User the entire amount paid for the Service.
(5) In the cases under para. 3 are not subject to refund amounts paid for services that are performed once by the Provider and have already been performed. Such services include: domain registration, web site registration in popular portals and search engines, website development, system administration, and more.
(6) In the cases under para. 3 The Provider is entitled to deduct from the refund amount the value of all fees and commissions paid by the Provider which are directly related to the provision of the service to the User and the return of the amount paid by the User.
(7) In the cases under para. 3, when the User has received in some form and additional benefit, which is related to tangible and intangible expenses by the Provider, the latter is entitled to refund the amount of the Beneficiary to deduct the cost of the given benefit from the amount to be reimbursed; the cost of all costs incurred in connection with the provision of the Service and not included in the Service description.
Additional benefits include gifts on current promotions, bundled additional free services, promotional advertising credits, cash bonuses, and more.
IV. PROVISION OF SERVICE
Art. 7 (1) In order to use the Service, the User shall enter the generated remote access password.
(2) The Remote Access Password is generated by the Provider in the process of creating a User Account for using the Service.
(3) By filling in data and pressing the button to perform the contract or agreement with the general conditions, the user declares that he is familiar with these terms and conditions, agreed with their content and unconditionally undertakes to respect them.
(4) By carrying out the actions under para. 3 The Provider creates a User Account and a contractual relationship arises between the Provider and the Supplier.
(5) The Provider confirms the registration made by the User by sending a letter to an email pointed out by the User, to which the account activation data for the use of the Service are sent.
(6) When making the registration, the User undertakes to provide correct and up-to-date data and to declare the correct circumstances. The user is obliged to update the data specified in his / her registration in a timely manner.
Art. 8. (1) The Provider shall grant the User access to an administrative panel for remote use of the Service.
(2) The User shall have the right to manage the Service only through the administrative panel provided by the Provider and legitimizing with a name and password.
(3) The User shall have the right to remote access only to the space and server resources of the Provider.
Art. 9 (1) The User shall have the right to share information through the Provider’s space and resources on a server connected to the Internet in accordance with the parameters of the current subscription plan for the Service.
(2) The Provider shall ensure the connection of the server to the Internet and the maintenance of the technical equipment within the current subscription plan for the Service.
(3) The user has the right to store information on separate space for it and use the resources of the server and via special software, just as it does not disrupt the functioning and security of the server and these terms and conditions.
Art. 10. (1) The Provider shall provide the User with the possibility to use e-mail services according to the parameters of the current subscription plan.
(2) The user may use e-mail services within the parameters of the current subscription plan.
Art. 11. (1) The User shall be entitled to use the Service in good faith, as intended, according to these General Terms and within the framework of the current subscription plan.
(2) When using the Service, the User shall not use software, scripts, programming languages or other technologies that could create difficulties for the other Users.
(3) The user uses technology and designs their sites in a way that is in line with current security requirements, functionality, limitations on non-hosting of third party hosting resources, and efficiency. User-created sites using the service should not create server load, which exceeds the normal practice is adopted and consumption of the “shared hosting” under current subscription service plan.
(4) The User may not use the Internet Gaming Creation and Delivery Service. An internet game within the meaning of this article is not the organization of promotions, quizzes, and the like.
(5) The User is not entitled to use the Proxy Creation Service and the Launch of Residential Programs.
(6) The user undertakes not to use the Service for the following:
• For publication, distribution or disclosure in any way of data, messages, text, computer files or other materials that conflict with Bulgarian law, applicable foreign laws, current conditions, Internet ethics or good morals and which violate the rights of third parties such as :
• Copyright or related rights, trademarks, patents or other intellectual property rights, proprietary rights, and any other proprietary or non-proprietary rights or legitimate interests of third parties;
• Representing trade, business or personal secrets or other confidential information;
• For publishing, distributing or providing software or other computer files that contain viruses or other risky programs or their components.
• For publishing or transferring pornographic and illegal material.
• For Publishing data, messages, text, computer files or other material that pose a threat to the life and physical integrity of a person promoting discrimination, terrorism, fascist preaching, racist or other undemocratic ideology whose content violates human rights or freedoms under the Constitution the laws of the Republic of Bulgaria or international acts calling for a violent change of the constitutionally established order to commit a crime, etc.
• For relinquishing or reselling all or part of the Service or third-party server resources, including through domain add-on features as additional domains.
(7) The User agrees not to use the Spam Service. Violation of this requirement is grounds for temporary suspension of the Service provided for which the Provider notifies the User. Upon re-action, the Provider may terminate unilaterally the provision of the service without notice.
Art. 12. (1) The User undertakes not to use the Service to provide hosting services to third parties or to resell server resources for hosting, including by using the additional domain function to an existing hosting plan of the Service. The User has the right to use the Service to provide hosting services to companies in which there is a direct participation in the capital or to which he is a legal representative.
(2) The supplier shall have the right to carry out permanent checks on the observance of the requirement under para. 1 and, at its discretion, take unilaterally and without warning the appropriate measures to remedy the violation, including by changing the Subscriber Subscription Plan, limiting or terminating the provision of the Service, and separating the sites into stand-alone accounts.
Art. 13. (1) The User shall independently provide the equipment for access to the Service and its management.
(2) Supplier’s hosting services do not include the provision of a domain name to the current subscription plan unless the hosting service explicitly provides for the provision of a free domain name.
Art. 14. (1) In order to increase the quality of the Service, perform prevention, repair and other related activities, the Provider shall have the right to temporarily restrict or suspend the provision of the service.
(2) In the cases under para. 1, the Supplier shall be obliged to reimburse the provision of the service in good time after the circumstance which gave rise to the suspension has ceased.
Art. 15. The Provider provides technical support to the Users of the Service, according to the current subscription plan.
Art. 16. (1) The Provider shall take measures to protect the personal data of the User pursuant to the Personal Data Protection Act.
(2) For security reasons of the User’s personal data, the Provider will only send the data to an e-mail address that was designated by the Users at the moment of registration.
Art. 17. (1) At any time before, during or after the provision of the Service, the Provider shall have the right to require the User to legitimize and certify the authenticity of each of the circumstances and personal data announced during the registration.
(2) In the event that for any reason the User has forgotten or lost his name and password, the Provider is entitled to apply the announced “Lost or Forgotten Names and Passwords Procedure”.
V. AMENDMENT AND ACCESS TO GENERAL CONDITIONS
Art. 18. (1) These General Terms and Conditions may be amended by the Provider, for which the latter will properly inform all Users of the Service.
(2) The Provider and the User agree that any supplementation and amendment of these General Terms and Conditions will have effect upon the User upon his express notification by the Provider and if the User does not declare within 14 days that he rejects them.
(3) The User agrees that all statements by the Provider regarding the modification of these General Terms and Conditions will be sent to the e-mail address indicated by the User upon registration for use of the Service. The Service User agrees that emails sent under the terms of this Article need not be signed with an electronic signature to act on it.
(4) In the event of expiration of the current subscription plan for the Service, the payment of sums for the next period by the User shall be deemed to be renewed under the current General Terms and Conditions for the Service.
Art. 22. (1) In the event that the User terminates the present contract in advance, the User shall owe to the Provider a penalty in the amount of the due remuneration for the remaining period of the contract.
(2) If the Provider has received the full amount for the duration of the Contract, the remuneration paid by the User shall be deemed to be a compensation of the Supplier for early termination of the Contract.
(3) Should this Contract be unilaterally terminated by the Provider due to a default on the User’s obligations, the latter shall owe to the Supplier a penalty in the amount of the due remuneration for the remaining period of the Contract.
Art. 23. In the event of a fault in the User’s obligations to provide the Service, the Supplier shall be entitled to a penalty payment equal to the due remuneration for the remaining period of the Contract.
Art. 24. In the event of a third party making a complaint about using the Service in violation of legal provisions, moral rules or the provisions of these General Terms, the parties agree that the Provider may temporarily restrict the provision of the service or access to the information of User to clarify the case.
Art. 25. The User undertakes to indemnify and hold harmless the Supplier from any claims and other claims of third parties (whether reasonable or unreasonable) for any damages and costs (including attorneys’ fees and court fees) arising from or in connection with (1) failure to perform any of the obligations under this Agreement, (2) breach of copyright, productions, broadcasting rights or other intellectual or industrial property rights, and (3) unauthorized transfer of other rights granted to Usage for the duration and under the terms of the contract.
Art. 26. The Provider shall not be liable in the event of failure to provide connectivity or operation of the technical equipment over a period of time due to force majeure, incidental events, Internet problems, technical or other objective reasons, including dispositions of the competent governmental authorities.
Art. 27. (1) The Provider shall not be liable for damages caused by the User to third parties.
(2) The Provider shall not be liable for any material or non-pecuniary damage resulting from loss of profits or damages caused to the User in the process of using or not using the Service.
(3) The Provider shall not be liable for the time during which the Service was not provided to the User on the grounds of Art. 24.
(4) The Provider shall not be liable for any damages to the User in case of limiting the Service or switching to another subscription plan due to violation of the requirement for non-provision of hosting and server resources to third parties.
Art. 28. (1) The Provider shall not be liable in case of overcoming the security measures of the technical equipment through which the service is provided, and consequently loss of information, dissemination of information, access to information, restriction of access to information, change of posted on the User’s Sites and other similar effects.
(2) The Provider shall not be liable in case of providing access to information, loss or alteration of data or parameters of the Service resulting from the false legitimation of a third party presented to the User if it can be reasonably assumed from the circumstances that that person is the User.
VII. Protection of personal data
Art. 28A. (1) The Provider shall take measures to protect the User’s personal data pursuant to Regulation (EC) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data data and repealing Directive 95/46 / EC (GDPR) and the Personal Data Protection Act.
(2) The Provider shall process the personal data of the Beneficiaries pursuant to Art. 6, para. 1, b. “B” of the GDPR – processing is necessary to fulfill a contract to which the entity is a party.
(3) The provider has published the information concerning the personal data it is processing and the purposes for which it is processed, as well as all the required information pursuant to Regulation (EC) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of physical persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (GDPR) in the Mandatory Information on Personal Data Protection Rights available on our Web site by which the User declares with the acceptance of
(4) When providing the Service, the Provider acts only on the instruction of the Service User and only to the extent that it may have control over the personal data the user is processing. The Service Use Agreement and the use of its functions and capabilities are made available by the Provider as part of the Service and are exhaustively and explicitly addressed by the User of the Service to the Obliged Person (the Service Provider). In this sense, the Provider (the Service Provider) has no control over the content and data that the Service user chooses to upload to the Service (including whether or not such data includes personal data.) In this case, the Provider has no role in deciding whether the user uses the personal data processing service for which purposes and whether they are protected.Therefore, the liability of the Provider in this case is limited to 1) compliance with the instructions of the user of the service according to and as described in the agreement In the present case of provision of Hosting Services by the Provider, the Provider has no control and no responsibility for the personal data that the user of the service processes.
(5) For security reasons of the User’s personal data, the Provider will only send the data to an e-mail address that was designated by the Users at the moment of registration.
VIII. OTHER TERMS
Art. 29. (1) The User and the Provider undertake to protect each other their rights and legitimate interests, as well as to protect their business secrets, which have become known to them during the execution of the contract and these general conditions.
(2) The User and the Provider undertake, during and after the expiry of the contract period, not to make public written or verbal correspondence between them. Publishing of correspondence in print and electronic media, internet forums, personal or public web sites, etc. may be considered public domain.
Art. 30. In the event of a discrepancy between these general terms and arrangements in a special agreement between the Provider and the User, the provisions of the special contract shall prevail.
Art. 31. Any invalidity of any provision of these General Terms and Conditions will not invalidate the entire contract.
Art. 32. (1) The User shall have the right to refer all disputes with the Supplier regarding the implementation of this Agreement to the Alternative Dispute Resolution (ODR) platform available at https://webgate.ec.europa.eu/