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SUPERHOSTING UNIVERSAL TERMS OF SERVICE AGREEMENT

I. SUBJECT

Art. 1. The current General Terms and Conditions are meant to regulate the relations between SuperHosting.BG Ltd, Sofia, Dstr. Iztok, Blvd. Dr. G.M. Dimitrov 36, UIN 131449987, represented by Mr. Lybomir Rusanov, Manager, hereinafter the PROVIDER, and their customers, hereinafter referred as USERS of the provided hosting services, hereinafter referred to as the Services.

ІІ. INFORMATION ABOUT THE PROVIDER

Art. 2. Information under the Electronic Commerce Act and the Consumer Protection Act: 1) name of the Provider: SuperHosting.BG Ltd; 2) Seat and registered address: Sofia, Dstr. Iztok, Blvd. Dr. G.M. Dimitrov 36; email: esales@superhosting.bg, tel.: 0700 45 800, 02 81 08 999; 5) Entry in public registers: UIN 131449987, Data Controller Certificate № 0021684; Supervisory bodies: (1) Commission for Personal Data Protection: Address: Sofia, Ivan Evstatiev Geshov Str. № 15, tel.: (02) 940 20 46, fax: (02) 940 36 40Q email: kzld@government.bg, kzld@cpdp.bg, website: www.cpdp.bg, (2) Commission for Consumer Protection, Address: Sofia 1000, Slaveykov Sq. №4А, Floors 3, 4 and 6, tel.: (02) 980 25 24, fax: (02) 988 42 18, hot line: 0700 111 22, website: www.kzp.bg, VAT registration BG 131449987; The Good Commercial Practice Code - Guidelines on general terms and conditions for providing services on the Web, adopted by the Commission for Consumer Protection and the Bulgarian Web Association , SuperHosting.BG Ltd is party to the Code of Ethics of the Bulgarian Web Association - http://bwa.bg/wp-content/uploads/2013/03/BWA-Ethic-New2.pdf.

III. CHARACTERISTICS OF THE SERVICE

Art. 3. The Services, provided by the Provider to the Users includes the following:
1. Provision of free space and server resources within the Provider’s server infrastructure, where the User has the right to publish and share information on the Internet with third parties;
2. Provision of administrative panel access for publishing, processing and administering information, shared within the provided server resources and space;;
3. Use of email services;
4. Provision of service parameters, as per the up-to-date subscription plan and parameters;
5. Provision of technical maintenance for the Service;
Art. 4. (1) The Provider provides and the Users use the Service, pursuant to the parameters of the subscription plan chosen by the Users in its up-to-date parameters applicable at the time of the performance of the contract.
(2) The Provider provides the Service in good faith, within reasonable usage levels, as accepted in practice and among customers. In its Policies, the Provider announces an indicative list of fraudulent use and technical and software limitations with regard to the Service.
(3) Should deviations from the use as per Para. 2 be established, the Provider has the right to temporarily or permanently limit or suspend the provision of the Service.
(4) In case the User is consumer by the meaning of the Consumer Protection Act, the Provider shall provide the service pursuant to the subscription plan especially intended for Consumers. In case the subscription plan does not specify that it is intended for consumers, it shall be considered that the most restrictive and basic plan with lowest price is intended only to consumers by the meaning of the Consumer Protection Act.
(5) User of the Service shall be only natural and legal persons which have concluded a contract with the Provider and would like to use the Service. The Users may be adults and capable natural persons or legal entities, represented by their legal representatives or duly authorized persons. The natural persons-users use the Services for the following:
  • personal purposes on basic (lowest specifications and price) subscription plan for the Service, if they are consumers by the meaning of the Consumer Protection Act.
  • for its own trade, professional and business activity and declare, that they are not consumers by the meaning of the Consumer Protection Act.
  • (6) Owner of the account for usage of the Service shall be considered the legal entity which has performed the first payment for the Service, to which is issued invoice for such payment or the natural person for contact, specified in the created profile for usage. Third parties are entitled to perform payments for the price of the subscription plan on behalf of the User but they would not become a party to this agreement and shall not become owners of the account for usage of the Service.

    IV. SERVICE PRICE AND RIGHT OF WITHDRAW

    Art. 5. (1) The Provider provides the Service against royalty, to be paid by the Users as per their chosen subscription plan.
    (2) Information for the different subscription plans is available at: http://www.superhosting.bg/web-hosting-compare-hosting-plans.php.
    Art. 6. (1) The Users pay the Service Price in advance, at the beginning of each subscription period.
    (2) The Provider confirms receipt of payment through activation of the Service.
    (3) The User has the right to withdraw from the agreement for the use of the Service and terminate this contract without giving any prior notification or reason within 30 calendar days.
    (4) In cases pursuant to Para.3, the Provider refunds the entire amount for the Service to the User.
    (5) In cases pursuant to Para.3 the right of withdrawal from an agreement does not apply to services which are being performed by the Provider once and have already been carried out. Such services include: domain registration, website registration in popular portals and search engines, website development, system administration, etc.
    (6) In cases pursuant to Para.3, the Provider shall be 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 services to the User and the return of the amount it has paid.
    (7) In cases pursuant to Para.3, should the Users have received some form of additional benefit associated with tangible and intangible expenses on parts of the Provider, the latter shall be entitled to deduct the value of the respective benefit, as well as all expenses incurred in connection with the provision of the Service and not included in the description of the Service, from the User’s reimbursement amount.

    V. PROVISION OF THE SERVICE

    Art. 7. (1) In order to manage and operate the Service, the User shall enter the generated password for remote access.
    (2) The password for remote access is generated by the User in the process of creating of the User’s profile for using of the Service.
    (3) By filling in their details and pressing the buttons for making an order or agreeing with the General Terms and Conditions, the Users declare that they are familiar with these General Terms and Conditions, agree with their content and unconditionally undertake to respect them.
    (4) By performing the actions under art.3 the Provider creates a profile of the User and contractual relations between them arise.
    (5) The Provider confirms the User’s registration by sending an e-mail to the electronic mail address provided by the User to which the data for activation of the Profile for use of the Service shall be sent.
    (6) Upon registration, the User is obliged to provide accurate and current data and declare true facts. In case of changes, the User undertakes to promptly update the data stated in their registration.
    Art. 8. (1) The Provider provides to the User access to the administrative panel for remote use of the Service.
    (2) The Users have the right to manage the Service exclusively through the administrative panel provided by the Provider and after legitimation by their respective user name and password.
    (3) The Users are entitled to remote access only to their respective space and resources within the Provider’s server infrastructure.
    Art. 9. (1) The Users are entitled to share information through recording it within the respective space and resources on a provided by the Provider server connected to the Internet, in accordance with the parameters of the up-to-date subscription plan for the Service.
    (2) The Provider ensures the server’s connectivity to the Internet and the technical equipment’s reliability within the parameters of the up-to-date subscription plan for the Service.
    (3) The Users are entitled to record information on their respective space and use the resources within the Provider’s server infrastructure through the use of specialized software, so long as this does not disrupt the server’s functioning and security and these General Terms and Conditions.
    Art. 10. (1) The Provider provides to the Users the option of using a private e-mail service within the parameters of the up-to-date subscription plan.
    (2) The Users are entitled to use the e-mail service within the parameters of their up-to-date subscription plan.
    Art. 11. (1) The Users are entitled to use the Services in good faith and pursuant to the common purpose of the Services, in compliance with these General Terms and Conditions and within the parameters of the up-to-date subscription plan.
    (2) When using the Services, the Users are restricted from using software, scripts, programming languages or other technologies that may create difficulties for other customers in using the Services.
    (3) The Users shall use technologies and develop their sites in a way that is in accordance with the modern requirements for security, functionality, restrictions for granting of hosting resources to third parties and efficiency. Sites developed by the Users using the Services should not create server load, which exceeds the normal and adopted in practice consumption levels of the Shared Hosting Service pursuant to the up-to date subscription plan for the Service.
    (4) The Users are restricted from using the Service for creating and providing Internet games. Internet game within the meaning of this article does not include organizing promotions, quizzes and other activities of the kind.
    (5) The Users do not have the right to use the Service for creating a "proxy" and initiating resident programs.
    (6) The Users are restricted from using the Services for the following:
    • Publishing, disseminating or providing by any other means of data, messages, text, computer files or other materials, which conflict with Bulgarian legislation, applicable foreign laws, these current General Terms and Conditions, Internet ethics or morals, as well as such, which violate the rights of third parties such as:
      • copyright or related rights, trademarks, patent or other intellectual property rights, title of ownership and any other material or moral rights or legitimate legal interests of third parties;
      • representing commercial, personal or professional secrets or other confidential information;
    • Publishing, disseminating or providing of software and other computer files that contain viruses or other risky programs or their components.
    • Publishing or transmitting pornographic and illegal content.
    • Publishing data, messages, text, computer files or other materials containing threats to the life and physical integrity of an individual, promoting discrimination, terrorism, preaching fascist, racist or other anti-democratic ideologies, the content of which violates human rights or freedoms under the Constitution and laws of the Republic of Bulgaria or international regulations, calling for violent change of the constitutionally established order, committing crimes, etc.
    • For sharing or resale of the whole or parts of the Service or the server’s resources to third parties, including though the functions for adding domains.
    (7) The Users agree not to use the Service for sending out unwanted mail - "SPAM." The violation of this condition may result in suspension of the provided Services, for which the Provider shall inform the Users. In case of repeated violations, the Provider has the right to unilaterally terminate the provision of Services without prior notice.
    Art. 12. (1) The Users shall be obliged not to use the Service for the provision of hosting services to third parties or reselling of server hosting resources, including by use of the function for accessory domains to an existing hosting plan for the Service. The Users shall be entitled to use the Service for providing of hosting services to companies in which they have direct participation in the capital or to which they are legal representatives.
    (2) The Provider shall be entitled to constant reviews for compliance with the obligation under para.1 and to by its own sole discretion and without prior notice undertake proper measures for removal of violations, including by a change of the Subscription plan, restriction or suspension the provision of the Service, as well as by separating the sites into independent accounts.
    (The Users have the right to use the Service for providing hosting services or reselling server resources to third parties according to our Reseller and Affiliate terms of service, available at Provider's web site address:https://www.superhosting.bg/web-hosting-page-resellers.php)
    Art. 13. (1) The Users shall ensure their own equipment, allowing them to access and manage the Services.
    (2) The hosting Services of the Provider do not include the provision of a domain name within the up-to-date subscription plan, unless the respective hosting service does not explicitly include the provision of a domain name
    Art. 14. (1) In order to improve quality of the Services, performed maintenance, troubleshooting and other related activities, the Provider is entitled to temporarily restrict or suspend the Services.
    (2) In cases under Para.1, the Provider is obligated to timely restore the provision of the Services, after circumstances which led to its suspension have been resolved.
    Art. 15. The Provider provides technical maintenance to the Users of the Services, as per their up-to-date subscription plan.
    Art. 16. (1) The Provider shall undertake measures to protect the User’s personal data, pursuant to the Law for Protection of Personal Data.
    (2) For security reasons as regards the User’s personal data, the Provider shall send data only to the e-mail address, that has been specified by the Users at the time of registration.
    Art. 17. (1) At any given time before, during or after the provision of the Services the Provider is entitled to require from the Users to identify themselves and to verify the authenticity of personal data and any of the circumstances declared during the registration.
    (2) If for any reason the Users have lost or forgotten their username and password, the Provider is entitled to apply the published "Procedure for lost or forgotten names and passwords", available at http://www.superhosting.bg/web-hosting-page-terms-and-agreements-password.php.

    VI. AMENDMENTS AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

    Art. 18. (1) The current General Terms and Conditions may be amended by the Provider, for which the latter shall notify all users of the service in an appropriate way.
    (2) The Provider and the Users agree that any supplement or amendment of these General Terms and Conditions shall apply to the Users after explicit notification from the Provider and in case the Users do not reject them within the provided 14 days.
    (3) The Users agree that all statements by the Provider in relation to the amendment of these General Terms and Conditions shall be sent to the e-mail address, specified by the User during the registration process for the use of the Service. The User agrees that emails sent under this article do not need to be signed via electronic signature in order to affect them.
    (4) In case of expiry of the term of the up-to-date subscription plan of the Service the payment of services for a subsequent period by the Users shall be considered as a renewal of the Contract under the current General Terms and Conditions.
    Art. 19. The Provider publishes the current General Terms and Conditions at http://www.superhosting.bg/web-hosting-page-terms-and-agreements.php, together with all supplements and amendments to them.

    VII. TERMINATION

    Art. 20. The current agreement for provision of the Services shall be terminated:
    • with the expiration of the agreement, as per the term of the User’s subscription plan. In this case, the current General Terms and Conditions shall continue to apply as regards other Services used by the User, for which the term of paid subscription has not yet expired.
    • in case of dissolution and liquidation or declaration of bankruptcy of one of the parties;
    • given objective inability of any of the parties to perform their obligations;
    • by the parties’ mutual agreement in writing;
    • in case of seizure or sealing of equipment by public authorities;
    • in cases under Art. 11, Para. 6 of these General Terms and Conditions by a unilateral notification by the Provider, including via e-mail;
    Art. 21. The Provider is entitled to unilaterally terminate the agreement in its sole discretion, without giving prior notice and without being obliged to pay any compensation, if they establish that the provided services are being used in violation of these current General Terms and Conditions, the Provider’s Policies, the Bulgarian legislation, conventional moral norms or rules for the use of the Shared Hosting Service.

    VIII. LIABILITY

    Art. 22 (1) Should the Users terminate this agreement early, outside the hypothesis of exercising the right of withdrawal pursuant to Art. 50 of the Consumer Protection Act or the right of withdrawal under Art. 6, Para. 3 of these General Terms and Conditions, they shall pay to the Provider compensation for damages in the amount due for the remaining period of the agreement.
    (2) If the Provider has received the full amount for the term under the agreement, the remuneration paid by the User shall be accepted by the Provider as compensation for the early termination of the agreement.
    (3) Should the agreement be unilaterally terminated by the Provider due to the User’s failure to observe their obligations under the agreement, the latter shall owe to the Provider compensation for damages in the amount due for the remaining period of the agreement.
    Art. 23. If the User fails to observe their obligations under the agreement for provision of the Service, the Provider is entitled to receive compensation for damages in the amount due for the remaining period of the agreement.
    Art. 24. (1) In case of receipt of a third party complaint about the use of the Service in violation of legal provisions, moral rules or the provisions of these General Terms and Conditions, the parties agree that the Provider may temporarily restrict the Service or access to the User’s information until the case is resolved.
    (2) The Provider is not liable for damages and lost profits resulting from the suspension of the User’s sites or other communication services, effected by virtue of an official act or order issued by a public authority.
    Art. 25. The User shall indemnify and relieve the Provider from any responsibility in lawsuits and other third party claims (whether justified or not) for all damages and expenses (including attorney and court fees) arising from or in connection with (1) failure to observe any of their obligations under the agreement, (2) breach of copyright, production and broadcasting rights or any other intellectual or industrial property rights and (3) unlawful transfer of rights granted to the User for the duration and under the provisions of this agreement to third parties.
    Art. 26. The Provider shall not be held liable in the event of failure to provide connectivity or operation of the equipment over a period of time due to force majeure, random events, problems with the Internet, technical or other objective reasons, including competent state authorities’ orders.
    Art. 27. (1) The Provider shall not be held liable for damages caused by the User to third parties.
    (2) The Provider shall not be held liable for pecuniary or non-pecuniary damages in terms of lost profits or damages caused to the User in the process of use or non-use of the Service.
    (3) The Provider shall not be held liable for the time during which the Service has not been provided to the User as per Art. 24.
    (4) The Provider shall not be held liable for damages to the Users in case of restriction of the Service or a change to another Subscription plan as a result of violation of the obligation for not providing of hosting and server resources to third parties.
    Art. 28. (1) The Provider shall not be held liable in cases of breach of security measures of the technical equipment, through which the service is being provided, which resulted in loss of information, dissemination of information, access to information, restricting access to information, changes to information published on the User’s sites and other similar consequences.
    (2) The Provider shall not be held liable in cases of providing access to information, loss or alteration of data or parameters of the Service, including with regard to the transfer of accounts or domains to a third party as a consequence of fake identification of a third person pretending to be the User, if from the circumstances it can be assumed that this person is the User.

    IX. OTHER CONDITIONS

    Art. 29. (1) The User and the Provider shall be obliged to protect each other's rights and legal interests, as well as any trade secrets which have come to their knowledge in the process of executing the agreement and these General Terms and Conditions.
    (2) During and after the expiration of the agreement’s term, the User and the Provider shall abstain from making public knowledge any written or verbal correspondence held between them. Public knowledge is to be understood as publication of correspondence in the press and electronic media, internet forums, personal or public websites, etc.
    Art. 30. In case of a conflict between these General Terms and Conditions and the clauses of a specific agreement between the Provider and the User, the clauses of the special agreement shall prevail.
    Art. 31. The potential annulment of any provision of these General Terms and Conditions shall not invalidate the entire agreement.
    Art. 32. (1) The Users are entitled to refer all disputes with the Provider arising from the performance of this contract to the Alternative Dispute Resolution platform, available at https://webgate.ec.europa.eu/odr/main/?event=main.home.show.
    (2) All disputes arising from the current General Terms and Conditions or related to them, which cannot be settled amicably and through negotiations between the Provider and the User, shall be referred to the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry, pursuant to its Rules for cases based on arbitration agreements, whereas Bulgarian law shall be applicable. In case the Users are consumers within the meaning of the Consumer Protection Act, they shall be entitled to refer the dispute to the competent Bulgarian courts.
    (3) The User accepts that in case of dispute with third parties regarding the use of the Services the Provider shall apply its Dispute Resolution Policy and the final decision shall be obligatory for the User, third party and the Provider.
    Art. 33. The commercial and civil legislation of the Republic of Bulgaria shall apply to any matter not settled in this agreement and related to its execution and interpretation.
    Art. 34. The current General Terms and Conditions shall take effect for all Users as of (August 23,2016)
    Art. 35. The Policies for the use of the Shared Hosting Service are published on: Policies



    •  Former Shared Hosting Terms of Service
    (Introduced on: December, 01, 2015; Canceled on: August, 22, 2016)


    Appendix № 1

    Standard Form for Exercising the Right of Withdrawal from the Agreement:
    (complete and return this form only if you wish to cancel your agreement)
    – To SuperHosting.BG Ltd, Sofia, Dstr. Iztok, Blvd. Dr. G.M. Dimitrov № 36; UIN 131449987, email: esales@superhosting.bg, tel.: 0700 45 800, 02 81 08 999:
    – I/we* hereby inform you that I/we* withdraw from the agreement concluded between us with regard to the provision of the following service: *
    – Ordered on*/received on*
    – Customer name/s
    – Customer address
    – Customer signature/s (only if the present form is in hard copy)
    – Date
    ------------------------------------------------------
    * Delete as appropriate.


    Appendix № 2

    Information about Exercising the Right of Withdrawal from an Agreement:
    Standard instructions for a withdrawal:
    I. Right of withdrawal from a distance or off-premises agreement.
    II. You have the right to withdraw from this agreement without giving any reasons within 30 days.
    III. The withdrawal period is 30 days from the date on which the agreement was concluded.
    In order to exercise your right of withdrawal, you need to notify us (SuperHosting.BG Ltd, Sofia, Dstr. Iztok, Blvd. Dr. G.M. Dimitrov № 36; UIN 131449987, email: esales@superhosting.bg, tel: +359 2 81 08 999, also about your decision to withdraw from the agreement through a unequivocal statement (e.g. written letter sent via registered mail, fax or email).
    You may use the attached standard withdrawal form, but it is not obligatory. You may also fill out and submit the standard withdrawal form or any other unequivocal statement electronically, via our website (www.superhosting.bg). If you opt for the above, we shall immediately notify you via a durable medium (e.g. by email), confirming receipt of the withdrawal.
    In order to meet the deadline for withdrawal, it is enough to send your communication about exercising your right of withdrawal prior to the expiration of said deadline.
    IV. Act of withdrawal.
    Should you opt to withdraw from this agreement, we shall reimburse all payments we received from you, including costs of delivery (excluding additional expenses associated with your selected way of delivery, differing from the least expensive standard delivery offered by us), without undue delay and in any event, no later than 14 days from the date on which we were notified about your decision to withdraw from this agreement. We shall carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you explicitly agree to another method of payment; in any event, such reimbursement shall not result in additional expense for you. In the event that the User has received any commodities under the agreement, we expect them to send or return to us such commodities without undue delay and in any case, no later than 14 days from the date on which you notified us about your decision to withdraw from this agreement.
    The deadline is met, if you send back the respective commodities before the expiration of the 14-day period. With regard to agreements for provision of services - If you have requested the provision of services to begin during the withdrawal period, you shall pay us an amount, proportionate to the services provided up until the moment you informed us that you have opted to exercise your right of withdrawal from this agreement as compared to the total amount under the agreement.
    Completion Instructions:
    1. Fill in one of the following quotes:
    a) with regard to contracts for services or supply of water, gas or electricity, when they are not offered for sale, packaged in limited volume and in set quantity, as well as central heating or digital content, not provided on a tangible medium: "the date on which the agreement was concluded.";
    b) with regard to sales contracts: "the date on which you or a third party, other than the carrier and indicated by you, took possession of the commodities.";
    c) with regard to contracts under which the customer has set one order for many goods delivered separately: "the date on which you or a third party, other than the carrier and indicated by you, took possession of the last commodity.";
    d) with regard to contracts under which the delivered goods consist of multiple batches or pieces: "the date on which you or a third party, other than the carrier and indicated by you, took possession of the last batch or piece.";
    e) with regard to contracts for the regular supply of goods within a certain period of time: "the date on which you or a third party, other than the carrier and indicated by you, took possession of the first commodity.";
    2. Fill in your name, geographical address and, if available, your telephone number, fax number and email address.
    3. If you allow consumers to electronically fill in and submit information about their withdrawal from an agreement on your website, fill in the following:
    "You may also fill out and submit the standard withdrawal form or any other unequivocal statement electronically, via our website (fill in the internet address). If you opt for the above, we shall immediately notify you via a durable medium (e.g. by email), confirming receipt of the withdrawal."
    4. With regard to sales contracts, in which you have not offered to collect the goods in case of withdrawal, fill in the following:
    "We may delay reimbursing the payments until the return of the commodities or until you present proof that you have sent them back to us, depending on whichever of the two occurs earlier."
    5. If the customer has received commodities under the agreement:
    (a) include either:
    – "We shall collect the commodities", or
    – “We expect you to send or return such commodities to us or to ... (include the name and geographical address) without undue delay and in any case, no later than 14 days from the date on which you notified us about your decision to withdraw from this agreement.
    The deadline is met, if you send back the respective commodities before the expiration of the 14-day period.`;
    (b) include:
    – "We shall bear all costs for returning the commodities.";
    – “You shall bear all direct costs related to the return of the commodities.";
    – if under a distance contract you do not offer to bear the cost for returning the commodities and, given their nature, such commodities cannot be returned in a conventional manner by mail: "You shall bear the direct costs related to the return of the commodities, amounting to ______ EUR (insert amount).", or if the costs related to the return of the commodities cannot be reasonably calculated in advance: "You shall bear all direct costs related to the return of the commodities. Such costs are not expected to exceed approximately _____ EUR (insert the amount).", or
    – if under an off-premises contract the nature of the commodities does not allow their return in a conventional manner by mail and if they were delivered to the consumer's home at the time of concluding the contract: "We shall collect the commodities at our own expense.", and
    (c) include: "You are liable only with regard to the reduced value of the commodities as a result of testing them in a way different from what is necessary to establish their nature, characteristics and good performance."
    6. With regard to contracts for provision of services or supply of water, gas or electricity, when they are not offered for sale, packaged in limited volume and in set quantity, as well as central heating, include the following:




    "If you have requested the provision of services or supply of water/gas/electricity/central heating (delete as appropriate) to begin during the withdrawal period, you shall pay us an amount, proportionate to the services provided up until the moment you informed us that you have opted to exercise your right of withdrawal from this agreement, as compared to the total amount under the agreement.`
    The current General Terms and Conditions are meant to regulate the relations between SuperHosting.BG Ltd, Sofia, Dstr. Iztok, Blvd. Dr. G.M. Dimitrov 36, UIN 131449987, hereinafter referred as the PROVIDER, and its customers, hereinafter referred as USERS of the provided Virtual Private Server Service, hereinafter referred to as the SERVICE.

    I. INFORMATION ABOUT THE PROVIDER

    Information under the Electronic Commerce Act and the Consumer Protection Act: 1) name of the Provider: SuperHosting.BG Ltd; 2) Seat and registered address: Sofia, Dstr. Iztok, Blvd. Dr. G.M. Dimitrov 36; email: esales@superhosting.bg, tel.: 0700 45 800, 02 81 08 999; 5) Entry in public registers: UIN 131449987, Data Controller Certificate № 0021684; Supervisory bodies: (1) Commission for Personal Data Protection: Address: Sofia, Ivan Evstatiev Geshov Str. № 15, tel.: (02) 940 20 46, fax: (02) 940 36 40Q email: kzld@government.bg, kzld@cpdp.bg, website: www.cpdp.bg, (2) Commission for Consumer Protection, Address: Sofia 1000, Slaveykov Sq. №4А, Floors 3, 4 and 6, tel.: (02) 980 25 24, fax: (02) 988 42 18, hot line: 0700 111 22, website: www.kzp.bg, VAT registration BG 131449987; The Good Commercial Practice Code - Guidelines on general terms and conditions for providing services on the Web, adopted by the Commission for Consumer Protection and the Bulgarian Web Association , SuperHosting.BG Ltd is party to the Code of Ethics of the Bulgarian Web Association - http://bwa.bg/wp-content/uploads/2013/03/BWA-Ethic-New2.pdf.

    II. CHARACTERISTICS OF THE SERVICE

    Art. 1 (1) The Provider shall provide to the User the Virtual Private Server Service in accordance with the specifications defined under the plan selected by the latter, and shall ensure connectivity and technical reliability of the provided service (the Service). For this purpose, the Provider shall ensure the indicated parameters under the plan selected by the User at their own expense. The Virtual Private Server Service shall include the following:
    1. Provision of free space within the Provider’s server infrastructure, where the User has the right to publish and share information on the Internet with third parties;
    2. Provision of full (administrator) access for managing the Service and publishing, processing and administering information, shared within the provided space;
    3. Ensuring the Service parameters, as per the subscription plan chosen by the User;
    4. Provision of a virtually allocated part of technical equipment resources intended for use with regard to the transmission, storage and sharing of information and the provision of information society services;
    5. Provision of technical reliability of the Service.

    (2) With regard to the Service under Para. 1, the User shall be required to pay royalty to the Provider in the amount and under the conditions specified in accordance with the plan selected by the former.
    (3) The User shall not acquire any ownership rights over the equipment used for the provision of the Service.

    III. TERM OF THE AGREEMENT

    Art. 2. (1) The Provider and the User shall determine the term of the agreement concluded between them by the order form on the Provider’s website or express agreement.
    (2) In the event that the due subscription fee is not paid within 5 days after the expiration of the period for which it was paid, the agreement shall be considered terminated and access to the Service shall be suspended. Above clause shall apply to each subsequent period without limitation in time.
    (3) Provision of the Service shall begin after the User’s payment of the first monthly fee and the notification about its activation.

    IV. PRICE

    Art. 3. (1) The User shall be required to pay royalty to the Provider in an amount specified in accordance with the plan selected by the former.
    (2) The User shall owe royalty under Para. 1 on a monthly basis, in accordance with the deadlines and conditions specified with regard to the selected plan.
    (3) The Provider shall issue a fiscal document for the payment made by the User.
    Art. 4. (1) The Provider shall be entitled to provide additional services (Additional Services) to the User, related to the use of the Service and against separate remuneration payable by the User.
    (2) Prices for the types of Additional Services shall be determined by the Provider on its website at the following address:
    http://www.superhosting.bg/web-hosting-page-servers-vps.php.

    V. RIGHTS AND OBLIGATIONS OF THE PROVIDER

    Art. 5. The Provider shall be obliged to:
    1. Provide the Virtual Private Server Service in accordance with the specifications defined under the plan selected by the User.
    2. Provide the use of the Virtual Private Server Service;
    3. Ensure technical reliability of the Service;
    4. Provide the Virtual Private Server Service’s connectivity to the Internet in accordance with the Service parameters (Parameters) specified under the plan selected by the User;
    5. Ensure adequate conditions for the technical functionality of the Service;
    6. Provide to the User a username and password for remote administrator access to all functionalities of the Service;
    7. Provide the Service via pre-installed and functioning software in accordance with the plan selected by the User;
    8. Ensure security of the technical equipment used for the provision of the Service, as per the Provider’s respective technical capabilities and circumstances;
    9. To maintain Service Parameters and connectivity around-the-clock;
    Art. 6. The Provider shall have the following rights in connection with the execution of this agreement:
    1. To receive payment from the User for the provided services;
    2. To exercise constant supervision over the Service’s technical reliability;
    3. To limit Parameters when performing system maintenance of premises and equipment or changing elements of communications infrastructure;
    4. To temporarily limit Parameters in order to ensure communications infrastructure security;
    5. To receive additional payment from the User for Additional Services related to the use of the Service;
    6. To provide Additional Services only after receiving the User’s written consent;
    7. To require, given the circumstances, the necessary User legitimization when receiving instructions by the latter with regard to the use or management of the Service;
    8. To temporarily or permanently restrict or suspend the use of the Service, should it be determined that the User uses the Service in bad faith or in violation of Bulgarian law or moral standards.
    Art. 7. (1) The Provider shall provide the necessary assistance to state authorities with regard to investigative actions within the legal scope of exercising their powers and pursuant to the applicable legislation, including the following:
    • Providing information on the User and the Service;
    • Disclosing the User’s personal data;
    • Providing traffic data under if requited as per the applicable legislation;

    (2) When undertaking actions under Para. 1, the Provider shall not be under the obligation to inform the User, unless expressly specified otherwise under the law.
    (3) The User shall not be entitled to compensation for damages resulting from the Provider’s actions under Para. 1.
    Art. 8. (1) The Provider shall have the right to adopt Policies on Acceptable Use of the Service and the rules specified therein shall be a major criterion for determining the bona fide or fraudulent behavior of Users and their consumers.
    (2) The parties agree that the Policies shall represent an integral part of this agreement and shall be available at the following address http://www.superhosting.bg/web-hosting-page-terms-and-agreements-politics.php. By signing this agreement, Users shall declare that they are familiar with the Policies and agree with their provisions, which are binding.
    (3) The Provider shall have the right to amend or supplement the Policies at all times, in accordance with the evolvement of public relationships within the information society. The parties agree that any supplement of the Policies shall apply to the User after explicit notification by the Provider and in case the User does not reject them within the provided 7-days term.

    VI. RIGHTS AND OBLIGATIONS OF THE USER

    Art. 9. The User shall be obliged to:
    1. Pay the agreed royalty for use of the Service to the Provider;
    2. Use the Service in a bona fide way, while observing the applicable legislation;
    3. Use the Service as intended and in a way that is not harmful to the Provider’s other clients or its communications infrastructure;
    4. Use and manage the Service only remotely (from a distance) through the username and password for administrator access provided by the Provider;
    5. Abstain from using the Service in a way that does not correspond to its purpose (i.e. creating a proxy, etc.).
    6. Install themselves software to be used on the Server, other than the one specifically provided by the Provider upon the Service’s activation.
    Art. 10. The User shall be entitled to the following, in connection with the execution of this agreement:
    1. Use the Service as intended and according to agreed Parameters;
    2. Perform remote administrator access to the Service, including management, installation and administration of software on the Virtual Private Server;
    3. Receive remote, telephone, around-the-clock customer support for the Service by the Provider’s qualified staff. Customer support for the Service shall not include installation of software on the Virtual Server on behalf of the User, neither shall it include providing advice on software, website and script development, use of content management programs, etc.
    Art. 11. The User undertakes to abstain from using the Service for the following:
    1. Publishing, disseminating or providing by any other means of data, messages, text, computer files or other materials, which conflict with Bulgarian legislation, applicable foreign laws, these current General Terms and Conditions, Internet ethics or morals, as well as such, which violate the rights of third parties such as:
      - copyright or related rights, trademarks, patent or other intellectual property rights, title of ownership and any other material or moral rights or legitimate legal interests of third parties;
      - representing commercial, personal or professional secrets or other confidential information;
    2. Publishing, disseminating or providing of software and other computer files that contain viruses or other risky programs or their components.
    3. Publishing or transmitting pornographic and illegal materials.
    4. Publishing data, messages, text, computer files or other materials containing threats to the life and physical integrity of an individual, promoting discrimination, preaching fascist, racist or other anti-democratic ideology, the content of which violates human rights or freedoms under the Constitution and laws of the Republic of Bulgaria or international regulations, calling for violent change of the constitutionally established order, committing crimes, etc.
    5. The User agrees not to use the Service for sending out unwanted mail - "SPAM." The violation of this condition gives ground for the suspension of the provided Service, for which the Provider shall inform the User. In case of repeated violations, the Provider has the right to unilaterally terminate the provision of the service without prior notice.

    VII.TERMINATION OF THE AGREEMENT

    Art. 12. The agreement shall be terminated:
    • with the expiration of the agreement.
    • in case of dissolution and liquidation or declaration of bankruptcy of one of the parties;
    • by the parties’ mutual agreement in writing;
    • given material breach of the agreement’s clauses and should compliance not be restored within two weeks after a written request sent to the defaulting party to rectify the breach;
    • given objective inability of any of the parties to perform their obligations;
    • in case of seizure or sealing of equipment by public authorities.
    Art. 13. The Provider has the right to unilaterally terminate the current agreement in its sole discretion, without giving prior notice and without being obliged to pay any compensation, if they establish that the provided services are being used in violation of the Bulgarian legislation.

    VIII. LIABILITY

    Art. 14. (1) Should the current agreement be unilaterally terminated by the User before the appointed time, they shall owe to the Provider compensation for damages in the amount due for the remaining period of the agreement.
    (2) If the Provider has received the full amount for the term under the agreement, the remuneration paid by the User shall be accepted by the Provider as compensation for the early termination of the agreement.
    (3) Should the agreement be unilaterally terminated by the Provider due to the User’s failure to observe their obligations under the agreement, the latter shall owe to the Provider compensation for damages in the amount due for the remaining period of the agreement.
    Art. 15. If the Provider fails to observe its obligations under the agreement for provision of the Service, the User shall be entitled to receive compensation for damages in the amount due for the remaining period of the agreement.
    Art. 16. Regardless of Art. 13 and Art. 14, if the User culpably fails to observe their obligations under the agreement, they shall owe to the Provider compensation for all damages suffered as a direct loss and consequence of the agreement’s breach.
    Art. 17. The User shall indemnify and relieve the Provider from any responsibility in lawsuits and other third party claims (whether justified or not) for all damages and expenses (including attorney and court fees) arising from or in connection with (1) failure to observe any of the obligations under the agreement, (2) breach of copyright, production and broadcasting rights or any other intellectual or industrial property rights and (3) unlawful transfer of rights granted to the User for the duration and under the provisions of this agreement to third parties.
    Art. 18. The Provider shall not be held liable in the event of failure to provide connectivity or operation of the equipment over a period of time due to force majeure, random events, problems with the Internet, technical or other objective reasons, including competent state authorities’ orders.
    Art. 19. The Provider shall not be held liable for damages caused by the User to third parties.

    IX. OTHER CONDITIONS

    Art. 20. Both parties shall be obliged to protect each other's rights and legal interests, as well as any trade secrets which have come to their knowledge in the process of executing the current agreement.
    Art. 21. During the term of the agreement, the parties shall be entitled to agree on new conditions, amendments and supplements by mutual consent and expressed in writing.
    Art. 22. The potential annulment of any provision of this agreement shall not invalidate the entire agreement.
    Art. 23. All disputes arising from the current agreement or related to it, which cannot be settled amicably and through negotiations between the parties, shall be referred to the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry, pursuant to its Rules for cases based on arbitration agreements, whereas Bulgarian law shall be applicable.
    Art. 24. The commercial and civil legislation of the Republic of Bulgaria shall apply to any matter not settled in this agreement and related to its execution and interpretation.

    The current General Terms and Conditions shall take effect as regards all Users of the Service ‘Virtual Private Server’ (VPS) as of October 01, 2008

    I. SUBJECT

    Article 1. These Terms and conditions regulate the relations between SuperHosting.BG Ltd, Sofia, Iztok district, no 36 Dr. G.M. Dimitrov Blvd., UIN 131449987, hereinafter referred to as PROVIDER, and the Clients, referred to as USERS, of the delivered service of providing and maintenance of managed virtual server, referred to as the Services.

    Article 2. (1) Managed VPS is a hosting service (referred to as Managed VPS), where the User receives a virtually separate, undependable server maintained by the Provider.

    (2) Users of the Service shall be only natural persons, who conclude a contract with the Provider and want to use the service Managed VPS for performing their professional or commercial activity. The Users can be natural persons of age and full legal capacity or legal entities, represented by their legal representatives or duly authorized persons. Natural persons - Users shall use the services for their commercial, professional and business activity and declare that they are not consumers within the meaning of the Bulgarian Law on Consumer Protection.

    (3) Owner is the legal entity, that performed the first payment of the service Managed VPS, to which an invoice has been issued for the payment or a physical person for contact, pointed in the created profile for use of Managed VPS.

    (4) The services under these Terms and conditions include administering and technical management of the virtual server, monitoring and maintenance of the back-up content.

    II. INFORMATION ABOUT THE SUPPLIER

    Article 3. Information pursuant to the Bulgarian Electronic Trade law:
    1. Name of the Provider: SuperHosting.BG Ltd.
    2. Seat and registered office of management: No 36, Dr. G.M. Dimitrov Str., Iztok district, Sofia, Bulgaria.
    3. Address of activity: No 36, Dr. G.M. Dimitrov Str., Iztok district, Sofia, 1797, Bulgaria.
    4. Contact information: No 36, Dr. G.M. Dimitrov Str., Iztok district, Sofia, 1797, Bulgaria. E- mail: sales@superhosting.bg, phone: 0700 45 800; 02 81 08 999
    5. Registered in the public records with UIN 131449987, Certificate as administrator of personal data Number 0021684
    6. Registration under the Law of value added tax No BG131449987.

    III. CHARACTERISTICS OF THE SERVICE

    Article 4. The service, provided by the Provider to the User includes the following:
    1. 4.1. Providing and administrating a virtually separate server with a control panel (cPanel) in Bulgarian language.
    2. 4.2. Provision of 24- hour technical support of the virtual server;
    3. 4.3. Guarantee of a resource, which shall not be shared with other clients.
    4. 4.4. Provision of 24-hour monitoring and reaction in case of problems.
    5. 4.5. Regular archiving (back-up) of the server content, in compliance with the politics of the Provider, available on address: Politics;
    6. 4.6. Enabling deployment services to client’s application.
    Article 5. (1) The Provider shall provide and the Users shall use the service within the parameters of the relative Subscription plan chosen by the Users.
    (2) The Provider shall provide the Service within the good faith consumption, that is reasonable and accepted in the practice. The Provider announces a list of bad faith uses and technical and software limitations of the Service in the Politics.
    (3) In case a deviation from the use under para. 2 is established, the Provider has the right to temporarily or permanently limit or suspend the provision of the service.

    IV. PRICE OF THE SERVICE

    Article. 6. 1) The Provider provides the Service in exchange of remuneration payable by the User accordingly to the chosen Subscription plan.
    (2) Information about the different subscription plans is available on address: https://www.superhosting.bg/web-hosting-common-managed-vps.php
    Article. 7. (1) The User shall pay the price of the service at the beginning of every subscription period.
    (2) The Provider confirms the receiving of the first payment by activation of the Service, and the latter payments by extension of the timelines for its use.
    (3) For payment of the service, the Provider shall issue an electronic invoice on the name of the person that has the obligation to pay the service and send it to a pointed by them electronic mail or in the absence of such – by the electronic mail given by the User at his registration. Regardless of the payment and issuance of an invoice, the Owner shall be a Party to this contract and entitled to the rights of the hosting service.

    V. PROVISION OF THE SERVICE

    Article. 8 (1) In order to use the Service the User must insert the password for remote access given by the Provider.
    (2) The password for remote access shall be generated and sent to the User by the Provider, at the registration on the Provider’s site, accordingly to the procedure indicated on it.
    (3) With the submission of information and clicking of the buttons “I accept” and “Registration”, the User declares that it is familiar with these Terms and conditions, agrees with their content and shall be obliged to comply them unconditionally.
    (4) The Provider confirms the registration of the User by sending a letter to the electronic address pointed by the User, where the data for the activation shall be sent. After the activation, an account of the User shall be created, and between the User and the Provider relationships under this contract shall arise.
    (5) When registering the User shall be obliged to present accurate and actual information. In case of changes the User shall be obliged to update the data of its registration in a timely manner.
    (6) The User shall be obliged not to provide or resell the hosting service or parts of it to third parties, except when such possibility is provided in the parameters of the chosen Subscription plan.

    Article. 9. 1) The Provider shall provide access to an administrative panel for remote use of the Service.
    (2) The Provider shall provide a Personal profile to the User, that is a separate part of the technical devises (servers) of the Provider, containing information about the User, required by SuperHosting.BG Ltd. at the registration and stored at SuperHosting.BG Ltd., as the access to the Personal profile by the registered User shall be made after submission of User name and Password. The Personal profile enables the User to use certain Services the access to which is restricted, to configure the use of the Services, to change its Password and other functions.
    (3) The User has the right to manage the Service only through the given by the Provider administrative panel and after legitimation with its Name and Password.
    (4) The User is entitled to a remote access only to the specified for him separate space on the server of the Provider.

    Article 10. (1) The User has the right to share information by recording it to the provided space on the Provider’s server connected to the Internet.
    (2) The Provider provides connectivity of the server to the Internet and the good working order of its technical equipment within the parameters of the chosen Subscription plan.
    (3) The User has the right to record information on the specific separate space on the Provider’s server and through a specialized software as far as this does not affect the functionality or security of the server.

    Article 11. (1) The Provider provides to the User the option of an independent electronic mail service.
    (2) The User can use the electronic mail within the parameters of the chosen subscription plan.

    Article. 12. (1) The User has the right to use the Service in good fate and according to its purpose.
    (2) The User has the right within 30 working days to renounce the use of the service and terminate the contract, without prior notice and without pointing reasons for that.
    (3) In the cases under para. 2 the Provider recovers to the User the whole sum payed for the Service.
    (4) In the cases under para. 2 the costs for services that shall be performed only once by the Provider and were already performed, shall not be recovered. Such services are as follows: registration of domains, registration of websites at popular web portals and search engines, website development, system administration and other.
    (5) When using the Service, the User shall not use software, scripts, program codes or other technologies that may affect the use by other Users.
    (6) The User does not have the right to use the Service for creation of “proxy” and establishment of residential programs.
    (7) The User shall be obliged not to use the Service for the following:
    • For publication, distribution or provision in any way of data, messages, text, computer files or other materials, that do not comply with the Bulgarian legislation, applicable foreign laws, these Terms and conditions, the Internet ethics and good morals and which violate the rights of third parties, such as:
      • Copyrights and similar rights, rights over trade marks, patent and other intellectual property rights, ownership rights as well as any other material or moral rights or legal interests of third parties;
      • that represent a commercial, professional or personal secret or other confidential information;
    • For publication, distribution or provision of software or other computer files, that contain viruses or other risk programs or their components.
    • For the publication or transfer of pornographic or illegal materials;
    • For publication of data, messages, text, computer files or other materials, containing treat for the life or the physical integrity of a person, provoking discrimination, advocating fascist, racist or other undemocratic ideology, whose content violates the rights or freedoms under the Constitution and laws of the Republic of Bulgaria or international regulations, calling for violent change of the constitutional order, towards committing a crime, etc.
    Article 13. (1) In relation to the improving the quality of the Service, performing of prophylactics, troubleshooting and other related to them activities, the Provider has the right to temporarily or permanently limit or suspend the provision of the service.
    (2) In the cases under para. 1, the Provider shall be obliged to restore in a timely manner the provision of the service once the cause for the suspension has been removed.

    Article 14. (1) With respect to the improvement of the Service’s quality and in relation with the interests of the User for the functioning of the service, the Provider has the right to replace the subscription plan with a higher class, without prior consent from the User.
    (2) In case the change in the Subscription plan has to be made not earlier than 30 days before the expiry of the initial subscription plan, the Provider increases the plan for free until the end of the remaining period of the plan. In this case, after the expiration of this period it shall be considered that a new contract is concluded for the use of the Service according to the new subscription plan for the period and under appropriate conditions. If the User wants to reduce the parameters of the plan, the User must make a specific request to the Provider.
    (3) In the event that a change in subscription plan is required earlier than 30 days before the expiry of the initial subscription plan, the Provider changes the plan by reducing the period in accordance with the recalculation of the cost under the new plan. The User uses the new plan until the end of the restated period without paying extra for the service and after the expiry of this period the User resumes the using of the Service according to the new subscription plan for the period and under appropriate conditions.

    Article. 15. (1) If the contract with the Provider is not terminated after the expiry of the term in the previous article, it shall be considered as concluded for the new subscription plan and to it shall apply the current terms and conditions, which the User shall be obliged to become familiar with in a timely manner.
    (2) In the cases under article 14 the User has a right to terminate this contract with a unilateral statement addressed to the Provider within a timeline of 30 days from the change in the characteristics of the service by the Provider.

    Article 16. The provider provides technical support to the Users of the service, in compliance with the chosen subscription plan.

    Article 17. (1) The Provider undertakes measures for the protection of the personal data of the User pursuant to the Bulgarian Personal Data Protection Act.
    (2) For security reasons for the personal data of Users, the Provider shall send the data only via the e-mail address pointed by the User at his registration.

    Article 18. (1) At any time before, during or after the provision of the service, the Provider has the right to request from the User legitimation and verification of the reliability of each of the circumstances and personal data announced at the registration.
    (2) In case for some reason, the User has forgotten or lost its name and password, the Provider has the right to apply the announced “Procedure for lost or forgotten usernames and passwords”, available on address: http://en.superhosting.bg/web-hosting-page-terms-and-agreements-password.php.

    VI. CHANGE AND ACCESS TO THE TERMS AND CONDITIONS

    Article. 19. 1) The current Terms and conditions can be amended by the Provider for which the latter shall inform all Users of the service in an appropriate manner.
    (2) The Provider and the Users agree that every amendment of these Terms and conditions shall have an effect on the User after its explicit notification from the Provider and if the Provider does not reject them within the provided 14-days period.
    (3) The User agrees that all announcements by the Provider in relation to the amendment of these Terms and conditions shall be sent to the e-mail address, pointed by the User at its registration for use of the Service. The User of the service agrees that the electronic letters sent under this article do not need to be signed with an electronic signature in order to be effective.
    (4) When the current subscription plan for this Service expires, User payments for additional period of this Service are considered as a renewal of contract by the current Terms of Service.

    Article. 20. The Provider announces these Terms and conditions on address http://en.superhosting.bg/web-hosting-page-terms-and-agreements.php, together with every amendment and additions to them.

    VII. TERMINATION

    Article. 21. The contract for provision of the service shall be terminated:
    • With the expiry of the term of the contract pursuant to the subscription plan chosen by the User;
    • in case of termination or announcement of liquidation or insolvency of one of the parties under the contract;
    • by mutual consent of the parties in writing;
    • in case of an objective inability of one of the parties to the contract to perform its obligations;
    • in case of seizure or sealing of equipment by the state authorities;
    • in the cases under Article 15, para 2.
    Article. 22. The Provider has the right by its sole discretion and without the sending of a prior notice and without obligation for compensation, to terminate the contract unilaterally, in case it is established that the provided services are being used in violation of the current Terms and conditions, the Politics of the Provider, the legislation in the Republic of Bulgaria, the common moral norms or accepted rules for use of the service "Managed VPS".

    VIII. LIABILITY

    Article. 23. (1) In case the User terminates the contract before the expiration of its term, the User owes to the Provider a compensation in the amount of the due remuneration for the remaining period of the contract.
    (2) In case the Provider has received the complete amount for the term of the contract, the remuneration payed by the User shall be accepted as a compensation for the early termination of the contract.
    (3) In case of unilateral termination of the contract by the Provider due to the User’s culpable nonfulfillment of its obligations, the latter owes a compensation to the Provider in the amount of the due remuneration for the remaining period of the contract.

    Article 24. In case of culpable non-fulfillment of obligations by the User for provision of the Service, the Provider is entitled to a compensation amounting to the due remuneration for the rest of the Contract period.

    Article 25. In case a complaint by a third person is filed for use of the service in violation of legal provisions, moral rights or the current Terms and conditions, the parties agree that the Provider has the right to limit or suspend the provision of the service or the access to the information of the User until resolving of the issue.

    Article 26. The User shall be obliged to compensate and to discharge the Provider in lawsuits and other claims of third parties (regardless of their justification) for all damages and costs (including attorney's fees and court costs) arising from or in connection with (1) nonfulfillment of any of its obligations under this contract, (2) breach of copyright, producing, broadcasting rights or other intellectual or industrial property right and (3) the unlawful transfer to third parties of the rights granted to the User, for the duration and under the conditions of the contract.

    Article 27. The Provider shall not be liable in case of inability to provide connection or functioning of the technical equipment for a certain period of time caused by force major, contingency, problems on the Internet, technical or other objective reasons, including orders by the competent state authorities.

    Article 28. (1) The Provider shall not be liable for damages caused by the User to third parties. (2) The Provider shall not be held responsible for material or moral damages, resulting in lost profits or damages incurred by the User in the process of using or non-using of the Service. (3) The Provider shall not be held liable for the term in which the Service has not been provided to the User pursuant to Article 23.

    Article 29. (1) The Provider shall not be liable in cases of overcoming the security measures of technical equipment through which the service is provided, that results in loss of information, spreading of information, access to information, restricting access to information, changes to the information published on the websites of the User and other similar consequences.

    (2) The Provider shall not be liable in case of provision of access to information, loss or changes in data or parameters of the Service, as a result from false legitimation of a third person, that has presented itself as the User, if from the circumstances a conclusion can be made that this person is the User.

    IX. OTHER CONDITIONS

    Article 30. (1) The User and the Provider shall be obliged to protect each other's rights and legal interests, as well as any trade secrets which have come to their knowledge in the process of executing the agreement and these General Terms and Conditions.
    (2) During and after the expiration of the contract’s term, the User and the Provider shall abstain from making public knowledge any written or verbal correspondence held between them. Public knowledge is to be understood as publication of correspondence in the press and electronic media, internet forums, personal or public websites, etc.

    Article. 31. In case of a conflict between these General Terms and Conditions and the clauses of a specific agreement between the Provider and the User, the clauses of the special agreement shall prevail.

    Article. 32. The potential annulment of any provision of these Terms and Conditions shall not invalidate the entire agreement.

    Article. 33. All disputes arising from the current Terms and conditions or related to them, which cannot be settled amicably and through negotiations between the Provider and the User, shall be referred to the Arbitration Court with the Bulgarian Chamber of Commerce and Industry, pursuant to its Rules for cases based on arbitration agreements, whereas Bulgarian law shall be applicable.

    Article. 34. The commercial and civil legislation of the Republic of Bulgaria and the Provider’s Politics shall apply to any matter not settled in this agreement and related to its execution and interpretation.

    Article. 35. The current Terms and Conditions shall take effect for all Users as of March 01, 2016.

    Article. 36. The Policies for the use of the service “Managed virtual server” (Managed VPS) are announced on the following address: Politics

    I. SUBJECT

    Art. 1. The current General Terms and Conditions are meant to regulate the relations between SuperHosting.BG Ltd, Sofia, Dstr. Iztok, Blvd. Dr. G.M. Dimitrov 36, UIN 131449987, hereinafter the PROVIDER, and their customers, hereinafter USERS of the provided services for registration and management of domains, hereinafter referred to as the Services.

    ІІ. INFORMATION ABOUT THE PROVIDER

    Art. 2. Information under the Electronic Commerce Act and the Consumer Protection Act: 1) name of the Provider: SuperHosting.BG Ltd; 2) Seat and registered address: Sofia, Dstr. Iztok, Blvd. Dr. G.M. Dimitrov 36; email: esales@superhosting.bg, tel.: 0700 45 800, 02 81 08 999; 5) Entry in public registers: UIN 131449987, Data Controller Certificate № 0021684; Supervisory bodies: (1) Commission for Personal Data Protection: Address: Sofia, Ivan Evstatiev Geshov Str. № 15, tel.: (02) 940 20 46, fax: (02) 940 36 40Q email: kzld@government.bg, kzld@cpdp.bg, website: www.cpdp.bg, (2) Commission for Consumer Protection, Address: Sofia 1000, Slaveykov Sq. №4А, Floors 3, 4 and 6, tel.: (02) 980 25 24, fax: (02) 988 42 18, hot line: 0700 111 22, website: www.kzp.bg, VAT registration BG 131449987; The Good Commercial Practice Code - Guidelines on general terms and conditions for providing services on the Web, adopted by the Commission for Consumer Protection and the Bulgarian Web Association , SuperHosting.BG Ltd is party to the Code of Ethics of the Bulgarian Web Association - http://bwa.bg/wp-content/uploads/2013/03/BWA-Ethic-New2.pdf.

    III. CHARACTERISTICS OF THE SERVICE

    Art. 3. The Provider undertakes to provide the following services to the User against payment of a price:
    (1) Inquiry for free domain name;
    (2) Registration of the domain name in the Internet domain name registers;
    (3) Ensuring remote management of the domain and its parameters, with the following functionalities:

    • managing the forwarding process from the main domain address to other Internet addresses (forwarding);
    • managing the forwarding of emails to the domain;
    • configuring the required addresses for use of the domain for hosting and email services;
    • safeguarding against prohibited transfer by third parties.
    (4) Information on zones within which a domain may be registered, as well as pricing for the different zones is available at:
    http://www.superhosting.bg/web-hosting-register-domains.php

    IV. PROVISION OF THE SERVICE

    Art. 4. (1) In order to be able to use the provided Services, the User shall undertake a registration process by providing the required information when filling in the registration form and by payment of the respective subscription fee.
    (2) After registration and receipt of payment, the Provider shall enter the chosen domain in the Internet domain name registers selected by the User. Upon entry, the Provider shall comply with the registration rules of the organization maintaining the area of the domain name (ICANN, EURid and others).
    (3) The domain User (Registrant) shall determine the term for which the domain is registered within the respective registers.
    (4) The full activation of the domain shall occur within 3 days following its registration in the internet domain name registers.
    Art. 5. The possibility for remote management of the domain and its parameters shall be made accessible to the User upon registration of the domain name in the respective internet domain name registers.
    Art. 6. The Provider shall inform the User about the successful domain registration via email, sent to an email address specified by the User beforehand.
    Art. 7. The Provider shall not be held liable in cases when:

    1. The domain registration data provided by the User is false, incomplete or inaccurate and this leads to the refusal of registration or suspension of registration by the registrar or the organization maintaining the area for the domain name;
    2. The domain name, submitted by the User for registration, has been reserved by a third party between the time of order and the actual payment confirmation.
    3. When submitting the order, the User has entered (written) the domain name incorrectly and the registered domain is not the one the User has asked for.

    Art. 8. (1) The Provider shall give the User the opportunity to renew the period for which the selected domain is registered, whereas the Provider shall send a reminder to the User’s indicated email address before the expiration of the domain registration term requested by the latter.
    (2) The Provider shall send three notifications:

    • 30 days before the service's expiration;
    • 15 days before the service's expiration;
    • on the day of the service’s expiration.
    (3) The Provider shall not be held liable if the User has not received a remainder due to false or inaccurate email addresses or change of email addresses, about which the Provider has not been notified.
    (4) The Provider shall not be held liable if after the expiration of the registration the domain name was requested and/or registered by a third party, the price for new registration or renewal is higher, the domain is not functional or is deleted from the records due to the User’s failure to promptly pay for the registration’s continuation.
    (5) Amounts paid by the User for domain registration/transfer are not refundable, except in cases when the domain registration/transfer service has not been performed (finalized).
    Art. 9. (1) The Provider shall provide to the consumer a domain name management username and password.
    (2) The User undertakes to enter information about their person in the respective fields of the registration form of the internet domain name registers.
    (3) All information provided by the User in the registration form of the respective organization maintaining the area of the domain name becomes publicly accessible.
    (4) If by any reason the User has lost or forgotten its domain name management username and password, the Provider is entitled to perform the published ‘Procedure for lost or forgotten names and passwords’, available at http://www.superhosting.bg/web-hosting-page-terms-and-agreements-password.php and which is an integral part of the current General Terms and Conditions.
    (5) At any given time the Provider has the right to require special legitimization by the User of the domain name, when the User undertakes actions with regard to the domain name management.
    (6) Prices and terms for the recovery of an expired domain within the areas .COM, .NET, .ORG, .INFO, BIZ and .EU are listed at: https://www.superhosting.bg/web-hosting-register-domains.php

    V. TRANSFER

    Art. 10. (1) In case of domain transfer from a different provider to the Provider, the User undertakes to follow the instructions laid out in the emails sent by the Provider and to provide the latter with a special code for the transfer. When undertaking such transfer, the Provider shall act only based on the information provided by the User as regards domain pointing.
    (2) The Provider is obliged to effect the transfer of the domain name registered by the User to a different provider upon the User’s explicit request.
    (3) The Provider shall not be held liable, and shall not refund the price paid by the User in the event that due to the User’s or their provider’s actions or omissions the domain name was not transferred to SuperHosting.BG Ltd.
    (4) The Provider shall notify the User about the successful completion of the domain name transfer procedure.
    Art. 11. (1) Should the User transfer the domain to a third party - user, the Provider shall be entitled to request from the User the following:

    1. Certificate of rights on the domain name;
    2. Username and password for access to the domain name management;
    3. Confirmation of the request to transfer a domain name to another user via email;
    4. Identity card, the User’s certificate of legal status or a document certifying the representative authority of the person, presenting themselves as the User of the domain name.

    (2) The Provider shall notify the User and the person, to whom the domain name is being transferred about the transfer’s completion.
    Art. 12. In the event of a transfer pursuant to Art. 9 and Art. 10, the User undertakes to deactivate the ban on domain name transfer, if such exists, in order for the transfer to be effected.
    Art. 13. (1) Should a transfer be refused, the Provider is obliged to notify the User about such refusal by sending a letter to the email address provided by the latter, whereas the former shall point out possible causes and make recommendations for their elimination.
    (2) Upon successful transfer, the Provider is obliged to notify the User about the domain’s successful transfer and provide management data for the transferred domain.
    Art. 14 (1) The Provider shall not be held liable by the User in cases when:

    • The domain transfer was not performed due to the User’s failure to provide the Provider with the special code for a domain transfer from one register to another;
    • The domain transfer was not performed due to fact that less than 60 days have passed since its registration date;
    • The domain transfer was not performed due to fact that the domain registration term/activity has expired;
    • The domain transfer was not performed due to the fact that the the User has provided an incorrect special code for the domain transfer from one register to another;
    • The domain transfer was not performed due to the User’s failure to deactivate the ban on domain transfer from one register to another;
    • The domain transfer was not performed due to the User’s failure to declare their consent with regard to the transfer in a special email, sent by the registrar to which the domain shall be transferred;
    • The domain transfer was not performed as the User has refused the transfer request in a special email, sent by the registrar from which the domain shall be transferred;
    • The User has not received a transfer verification email because:
      • The email address provided in the domain contact information is not functional;
      • The User has no access to the email address provided in the domain contact information;
      • The User has filtered the verification email sent by the registrar to which the domain shall be transferred.

    VI. PROVISION OF THE SERVICE

    Art. 15. (1) The Provider is entitled to provide information about the User entered in the internet domain name registers to third parties.
    (2) The Provider is entitled to provide the entire information about the User, if ordered to do so by competent state authorities under the applicable legal procedures.
    (3) In terms of protection of the User’s personal data, the Provider shall enforce its adopted Personal Data Protection Policy, which is an integral part of the current General Terms and Conditions.
    Art. 16. (1) The Provider shall have the right to suspend access to the domain or its management in case they discover that the domain is being used in violation of the applicable legislation, the rules of international organizations or associations or in violation of moral and ethical standards with regard to the Internet.
    (2) The Provider and the User agree that access to the domain and its management may be suspended if one of the following circumstances occurs:

    • Evidence on the infringement of a third party trademark is presented;
    • A court or arbitration decision or a state authority act, ruling on the suspension of access to the domain or on its deletion, is presented;
    • The content of the site, to which the domain name points, suggests that it is being used in contradiction with applicable law or rules, standards and norms accepted in practice;
    • Evidence that the domain’s use violates the rights of third parties is presented.
    (3) The Provider shall not be held liable by the User for pecuniary and non-pecuniary damages, including damages and lost profits incurred as a result of suspension of access to the domain or its management due to any of the above mentioned reasons.
    (4) In all cases under this article the Provider shall have the right to delete the domain name from the internet domain name registers, while at the same time terminating the contract with the User without notice and without compensation.
    Art. 17. The User and the Provider agree that the rules for registration, transfer, management, alternative dispute resolution for the respective area of domain names and any other documents of the organization maintaining the area of the domain name (ICANN, EURid and others) shall apply to them.

    VII. AMENDMENTS AND ACCESS TO THE GENERAL TERMS

    Art. 18. (1) The current General Terms and Conditions may be amended by the Provider, about which the latter shall notify all users of the service in an appropriate manner.
    (2) The Provider and the User agree that any supplement or amendment of these General Terms and Conditions shall apply to the User after explicit notification from the Provider and in case the User does not reject them within the provided 14-days term.
    (3) The User agrees that all statements by the Provider in relation to the amendment of these General Terms and Conditions shall be sent to the e-mail address specified by the User during the registration process for the use of the Service. The User agrees that emails sent under this article do not need to be signed via electronic signature in order to affect them.
    Art. 19. The Provider shall publish the current General Terms and Conditions at http://www.superhosting.bg/web-hosting-page-terms-and-agreements.php, together with all supplements and amendments to them.

    VIII. TERMINATION

    Art. 20. The current agreement for provision of the Service shall be terminated:

    • With the expiration of the agreement, as per the term of the User’s subscription plan;
    • In case of dissolution and liquidation or declaration of bankruptcy of one of the parties;
    • By the parties’ mutual agreement in writing;
    • Given objective inability of any of the parties to perform their obligations;
    • In case of seizure or sealing of equipment by public authorities.
    Art. 21. The Provider has the right to unilaterally terminate the agreement in its sole discretion, without giving prior notice and without being obliged to pay any compensation, if established that the provided services are being used in violation of the current General Terms and Conditions, the Provider’s Policies, the applicable legislation and conventional moral norms.

    IX. LIABILITY

    Art. 22. The User shall indemnify and relieve the Provider from any responsibility in lawsuits and other third party claims (whether justified or not) for all damages and expenses (including attorney and court fees) arising from or in connection with (1) failure to observe any of the obligations under the agreement, (2) breach of copyright, production and broadcasting rights or any other intellectual or industrial property rights and (3) unlawful transfer of rights granted to the User for the duration and under the provisions of this agreement to third parties.
    Art. 23. The Provider shall not be held liable in the event of failure to provide the service over a period of time due to force majeure, random events, problems with the Internet, technical or other objective reasons, including competent state authorities’ orders
    Art. 24. The Provider shall not be held liable for damages caused by the User to third parties.
    Art. 25. (1) The Provider shall not be held liable in cases of breach of security measures of the technical equipment, through which the service is provided, which results in loss of information, dissemination of information, access to information, restricting access to information, changes to information published on the User’s sites and other similar consequences.
    (2) The Provider shall not be held liable in cases of providing access to information, loss or alteration of data or parameters of the Service as a consequence of fake identification of a third person pretending to be the User, if from the circumstances it can be inferred that this person is the User.

    X. OTHER CONDITIONS


    Art. 26. The User and the Provider shall be obliged to protect each other's rights and legal interests, as well as any trade secrets which have come to their knowledge in the process of executing the agreement and these General Terms and Conditions.
    Art. 27. In case of a conflict between these General Terms and Conditions and the clauses of a specific agreement between the Provider and the User, the clauses of the special agreement shall take precedence.
    Art. 28. The potential annulment of any provision of these General Terms and Conditions shall not invalidate the entire agreement.
    Art. 29. All disputes arising from the current General Terms and Conditions or related to them, which cannot be settled amicably and through negotiations between the Provider and the User, shall be referred to the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry, pursuant to its Rules for cases based on arbitration agreements, whereas Bulgarian law shall be applicable. In case the Users are consumers within the meaning of the Consumer Protection Act, they shall be entitled to refer the dispute to the competent Bulgarian courts.
    Art. 30.(1)The commercial and civil legislation of the Republic of Bulgaria, as well as the rules of international organizations for domain name management and those of arbitration courts for ADR on domain names shall apply to any matter not settled by this agreement and related to its execution and interpretation.
    (2) The User explicitly authorizes the Provider to act as his “Designated Agent” to approve each “Change of Registrant” on his behalf. The User explicitly provides its consent with 60-day inter-registrar Transfer Lock after a Change of Registrant. The terms Designated Agent, Change of Registrant and Transfer Lock are as defined in ICANN’s transfer policy.
    Art. 31. The current General Terms and Conditions shall take effect as regards all Users as of October 01, 2008.

    I. SUBJECT

    Art. 1. The current General Terms and Conditions are meant to regulate the relations between SuperHosting.BG Ltd, Sofia, Dstr. Iztok, Blvd. Dr. G.M. Dimitrov 36, UIN 131449987, hereinafter SUPERHOSTING.BG, and its consumers, hereinafter CLIENTS, with regard to the provided service of obtaining digital certificates issued by a certificate-issuing authority (CA), hereinafter referred to as the SERVICE.

    ІІ. SUPERHOSTING.BG DATA

    Art. 2. Information under the Electronic Commerce Act:
    1. Name of the Provider: SuperHosting.BG Ltd;
    2. Seat and registered address: Blvd. Dr. G.M. Dimitrov 36, Dstr. Iztok;
    3. Address of operations: Sofia 1797, Dstr. Iztok, Blvd. Dr. G.M. Dimitrov 36;
    4. Contacts: Sofia, 1797 Dstr. Iztok, Blvd. Dr. G.M. Dimitrov 36; email: esales@superhosting.bg, tel: 0700 45 800;
    5. Entry in public registers: UIN 131449987 in the Commercial Register with the Registry Agency;
    6. Data Controller Certificate № 0021684;
    7. Supervisory bodies:
      (1) Commission for Personal Data Protection
      Address: Sofia, Ivan Evstatiev Geshov Str. № 15,
      tel.: (02) 940 20 46
      fax: (02) 940 36 40
      Email: kzld@government.bg, kzld@cpdp.bg
      Website: www.cpdp.bg

      (2) Commission for Consumer Protection
      Address: Sofia 1000, Slaveykov Sq. №4A, Floors 3, 4 and 6,
      tel.: 02 / 980 25 24
      fax: 02 / 988 42 18
      hot line: 0700 111 22
      Website: www.kzp.bg

      (3) Commission for Protection of Competition Bulgaria
      Sofia 1000, Vitosha Blvd. № 18
      Telephone: (02) 935 61 13
      fax: (02) 980 73 15
      Website: www.cpc.bg
    8. 8. Registration under the Value Added Tax Act № BG 131449987;

    III. CHARACTERISTICS OF THE SERVICE

    Art. 3. (1) Under the current General Terms and Conditions, SUPERHOSTING.BG undertakes to provide to the CLIENT means to send a request for the issuance of digital certificates by one of the CAs listed on SUPERHOSTING.BG’s website against royalty. (2) The SERVICES provided to the CLIENT by SUPERHOSTING.BG shall include:
    • Providing means of payment for the digital certificate;
    • Providing an interface, which generates the application for obtaining a digital certificate;
    Art. 4. (1) In order to request the issuance of a digital certificate, the CLIENT shall send an application to SUPERHOSTING.BG, listing all parameters the certificate needs to include. (2) SUPERHOSTING.BG shall enable the CLIENT to fill in information, which identifies them and shall be used for obtaining the digital certificate, in the interface on SUPERHOSTING.BG’s website. (3) SUPERHOSTING.BG shall submit the data filled in by the CLIENT to the CA, which shall then be used for the issuance of the digital certificate. (4) After SUPERHOSTING.BG has provided the CLIENT’s data to the CA, the CLIENT shall on their own perform all necessary steps and follow the CA’s instructions for the issuance of the digital certificate.
    Art. 5. The CLIENT undertakes always to provide to SUPERHOSTING.BG and to the CA accurate and current information, needed for obtaining the digital certificate.
    Art. 6. (1) The CLIENT shall pay to SUPERHOSTING.BG for organizing the issuance of the digital certificate by a CA, as selected by the CLIENT. (2) The payment pursuant to Para. 1 shall include the cost for the digital certificate itself, which SUPERHOSTING.BG shall pay to the CA. (3) The CLIENT shall effect payment under Para. 1 via their preferred means upon concluding the contract or at another point in time, when explicitly agreed between the parties.
    Art. 7. (1) In case of necessity to provide documents, attest circumstances or perform actions with regard to the issuance of the certificate, the CLIENT shall undertake those on their own, according to the CA’s instructions. (2) Given the provision of Para. 1, the parties agree that SUPERHOSTING.BG shall have no obligations to the CLIENT after receiving and submitting the respective data for the issuance of the digital certificates to the CA and effecting payment of the price for the issuance of the digital certificate to the CA on behalf of the CLIENT.
    Art. 8. (1) The CLIENT undertakes to review in detail the general terms and conditions of their preferred CA, before accepting the current General Terms and Conditions. (2) The CLIENT agrees with the CA’s general terms and conditions and other requirements and undertakes to respect them unconditionally.
    Art. 9. (1) By filling in their details and pressing the buttons "Yes, I accept` and "Registration", the CLIENT declares that they are familiar with these General Terms and Conditions, agrees with their content and unconditionally undertakes to respect them. (2) The CLIENT may change their profile information at any time, but undertakes to keep the data up-to-date. (3) At any given time before, during or after the provision of the SERVICE, SUPERHOSTING.BG has the right to require from the CLIENT to identify themselves and to verify the authenticity of data and any of the circumstances declared during the registration. (4) If for any reason the CLIENT has lost or forgotten their username and password, SUPERHOSTING.BG is entitled to effect the published "Procedure for lost or forgotten names and passwords", available at http://www.superhosting.bg/web-hosting-page-terms-and-agreements-password.php. (5) For security reasons as regards the CLIENT’s data, SUPERHOSTING.BG shall send any and all data only to the e-mail address that has been specified by the CLIENT at the time of their profile registration.

    IV. ACCESS TO THE GENERAL TERMS AND CONDITIONS

    Art. 10. SUPERHOSTING.BG shall publish the current General Terms and Conditions at http://www.superhosting.bg/web-hosting-page-terms-and-agreements.php, together with all supplements and amendments to them.

    V. TERM AND EXECUTION

    Art. 11. (1) The agreement for provision of the SERVICE under these General Terms and Conditions shall be concluded with a term up to the issuance of the digital certificate by a CA, as selected by the CLIENT. (2) SUPERHOSTING.BG and the CLIENT agree that with the issuance of the digital certificate by the CA, SUPERHOSTING.BG has fulfilled all its obligations under the agreement towards the CLIENT.

    VI. TERMINATION

    Art. 12. The current agreement for provision of the SERVICES shall be terminated:
    • in case of dissolution and liquidation or declaration of bankruptcy of one of the parties;
    • by the parties’ mutual agreement in writing;
    • given objective inability of any of the parties to perform their obligations;
    • in case of seizure or sealing of equipment by public authorities;
    • unilaterally, by either party, with a one week prior notice sent to the other party. The written form shall be deemed observed when the notice is sent via e-mail, even if not signed with an e-signature;
    Art. 13. SUPERHOSTING.BG has the right to unilaterally terminate the agreement in its sole discretion, without giving prior notice and without being obliged to pay any compensation, if they establish that the provided services are being used or will be used in violation of these current General Terms and Conditions, the General Terms and Conditions for other services provided by SUPERHOSTING.BG, the Bulgarian legislation, conventional moral norms or rules for the provision of digital certificates.
    Art. 14. Should the agreement between SUPERHOSTING.BG and the CLIENT be terminated due to the CLIENT’s fault, royalty paid to SUPERHOSTING.BG shall be considered forfeit and may be kept by SUPERHOSTING.BG as compensation for damages suffered by the latter due to for-cause termination.

    VII. LIABILITY

    Art. 15. The CLIENT shall indemnify and relieve SUPERHOSTING.BG from any responsibility in lawsuits and other third party claims (whether justified or not) for all damages and expenses (including attorney and court fees) arising from or in connection with (1) failure to fulfill any of their obligations under the agreement, (2) breach of copyright, production and broadcasting rights or any other intellectual or industrial property rights, (3) stating or providing false circumstances to SUPERHOSTING.BG or the CA in relation with the issuance of the digital certificate.
    Art. 16. (1) SUPERHOSTING.BG shall not be held liable in the event of failure to provide connectivity or operation of the equipment over a period of time due to force majeure, random events, problems with the Internet, technical or other objective reasons, including competent state authorities’ orders. (2) SUPERHOSTING.BG shall not be held liable for any damages suffered by the CLIENT, except in the event of intent or gross negligence.
    Art. 17. (1) SUPERHOSTING.BG shall not be held liable for damages caused by the CLIENT to third parties. (2) SUPERHOSTING.BG shall not be held liable for pecuniary or non-pecuniary damages in terms of lost profits or damages caused to the CLIENT in the process of providing or withholding the SERVICE.
    Art. 18. (1) SUPERHOSTING.BG shall not be held liable in cases of breach of security measures of the technical equipment through which the SERVICE is provided, which results in loss of information, dissemination of information, access to information, restricting access to information, changes to published information and other similar consequences. (2) SUPERHOSTING.BG shall not be held liable in cases of providing access to information, loss or alteration of data or parameters of the SERVICE as a consequence of fake identification of a third person pretending to be the CLIENT, if from the circumstances it can be inferred that this person is the CLIENT. (3) SUPERHOSTING.BG shall not be held liable in the event of suffered damages or lost profits resulting from unauthorized third party access to CLIENT data in their SUPERHOSTING.BG account, including access to the digital certificate’s private or public key.

    VIII. OTHER CONDITIONS

    Art. 19. (1) The CLIENT and SUPERHOSTING.BG shall be obliged to protect each other's rights and legal interests, as well as any trade secrets which have come to their knowledge in the process of executing the agreement and these General Terms and Conditions. (2) During and after the expiration of the agreement’s term, the CLIENT and SUPERHOSTING.BG shall abstain from making public knowledge any written or verbal correspondence held between them. Public knowledge is to be understood as publication of correspondence in the press and electronic media, internet forums, personal or public websites, etc.
    Art. 20. In case of a conflict between these General Terms and Conditions and the clauses of a specific agreement concluded between SUPERHOSTING.BG and the CLIENT, the clauses of the special agreement shall take precedence.
    Art. 21. The potential annulment of any provision of these General Terms and Conditions shall not invalidate the entire agreement.
    Art. 22. All disputes arising from the current General Terms and Conditions or related to them, which cannot be settled amicably and through negotiations between SUPERHOSTING.BG and the CLIENT, shall be referred to the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry, pursuant to its Rules for cases based on arbitration agreements, whereas Bulgarian law shall be applicable.
    Art. 23. The commercial and civil legislation of the Republic of Bulgaria shall apply to any matter not settled in this agreement and related to its execution and interpretation.
    Art. 24. The current General Terms and Conditions shall take effect as regards all CLIENTS as of June 01, 2009.
    Art. 1. These acceptable use policies form an integral part of the Terms of Service.

    A. SHARED HOSTING

    I. SERVICE FEATURES

    Art. 2. Information on the different subscription plans for the shared hosting service is available at:
    http://www.superhosting.bg/web-hosting-compare-hosting-plans.php.

    II. CONTENT HOSTING

    Art. 3. The installation of the following is not allowed for the shared hosting service:
    1. BitTorrent trackers;
    2. BitTorrent clients;
    3. Online games, as the term "online game" refers to a game that has to use a server resource to function and may not be played if the participant is not connected to the server;
    4. Proxy servers, as well as any other traffic relay/manipulation software;
    5. File sharing and download sites and all kinds of sites related to p2p (peer to peer) activities (e.g. rapidshare.com, depositfiles.com, megaupload.com, etc.);
    6. Cryptocurrency software (mine cryptocurrency), such as Bitcoin, Litecoin, etc.
    Art. 4. Launching of background processes, such as IRC servers, bots, vulnerability scanners, Trojan horses, shells, etc., is not allowed.

    Art. 5. Launching of programs that open a given port and expect incoming network connections is not allowed.

    III. RIGHTS AND OBLIGATIONS

    Art. 6. User shall understand and agree that Provider shall be entitled to decide which actions and applications installed represent acceptable use policy violations, as well as to take respective measures to eliminate such violations.
    Art. 7. Provider shall be entitled to ban the use and launch of a specific software or script hosted on a User account or to forbid access to the Service for certain IP addresses or use of certain network ports., if the Provider considers there is a potential security risk and/or interference in the server’s normal equipment functioning.
    Art. 8. User shall understand and agree that Provider shall be entitled to delete (terminate) any account violating acceptable use policy if User fails to take measures to eliminate such violation within the term specified by the Provider, as in such case, the Provider shall not be held liable for any loss of data on the part of the User.
    Art. 9. User shall be entitled to request Provider's decision on acceptable use policy violation to be reconsidered only once for the particular type of violation.
    Art. 9a. In the control panel, User shall not be entitled to add or configure any domains that they have no right to use, control, and manage.

    IV. LIMITS


    Of bandwidth usage

    Art. 10. User's monthly bandwidth is limited in compliance with the hosting plan used. In case the bandwidth used reaches the limit before the end of the month, the account shall be automatically suspended until the first day of the following month.
    Art. 11. Bandwidth that is not used within a month shall not be transferred to the following month.

    For email use

    Art. 12(1). User shall be entitled to send up to 350 emails within one hour.
    (2). User shall be entitled to send up to 50,000 emails within one week.
    Art. 13. User shall agree not to use the services provided to them by the Provider to send unsolicited bulk emails (i.e., SPAM). The violation of this condition shall result in temporary service suspension until the liability for the violation is clarified.
    Art. 14. In case of a repeated violation of Art. 12 of these acceptable use policies, Provider shall be entitled to unilaterally suspend service provision without any notice.
    Art. 15. When a violation under Art. 12 is detected and it is proven that User is not at fault, in the cases of unauthorized access to the account or break-in to the scripts/web applications used by the User, Provider shall temporarily suspend the service and shall inform User on that fact. User shall be obliged to take immediate actions to eliminate such violation. In case User fails to take any actions within one month as of the time notification was sent, Provider shall be entitled to unilaterally suspend service provision without any notice.
    Art. 16. Provider shall be entitled to delete, without any warning, all emails marked as SPAM that are older than one month and are located in email boxes belonging to the User.

    For CPU time used

    Art. 17. The maximum CPU time allowed that software applications hosted on the User account may use for their functioning shall be determined depending on the hosting plan used:
    1. For the 'SuperStart' hosting plan – up to900 minutes of 0,5 CPU cores per month
    2. For the 'SuperPro' hosting plan – up to 3300 minutes of 1,2 CPU cores per month
    3. For the 'SuperHosting' hosting plan – up to 4800 minutes of 1,8 CPU cores per month
    4. For the 'SuperHosting+' hosting plan – up to 8400 minutes of 1,8 CPU cores per month
    5. For Reseller Hosting Plans – up to 900 minutes of 0,5 CPU cores per month for each customer account hosted on the reseller account. Time may not be shared among customer accounts.
    Accounting for the CPU time used consists of summing up the time used for script and application processing and the time used by the database (MySQL).

    The minutes that are not used within the month will not be transferred to the next month.

    Measures in case the used CPU time limit is exceeded

    Art. 18. In case specified limits are exceeded, Provider shall inform the User to take the necessary actions to optimize applications hosted on their account; Provider shall give the User statistics reflecting the exact CPU time used by the account. Provider shall provide User with a term in which the latter must take necessary measures so that their applications would stop exceeding specified limits.
    Art. 19. If, after the term indicated to the User, their applications still continue to exceed specified limits by more than 10%, Provider shall be entitled to suspend or limit service usage.
    Art. 20. In case applications hosted on User's account exceed the limits specified by more than 10% within 1 hour, Provider shall be entitled to temporarily suspend or limit service usage without being obliged to warn User.

    MySQL and MSSQL server usage limit

    Art. 21. User shall be entitled to use database resources in a manner not interfering with server equipment performance.
    Art. 21a. The maximum number of queries to SQL server allowed per one hosting account is 100,000 queries within one hour.
    Art. 22. When a violation is found, Provider shall inform the User that they must take the necessary steps to optimize or remove problem queries to the database.
    Art. 23. In case User fails to take any measures to eliminate the violation within one month as of the time when notification was sent, Provider shall be entitled to unilaterally suspend or limit service provision.
    Art. 24. User shall not be able to host a database larger than 1GB of disk space and/or containing more than 1,000 tables.

    Simultaneous HTTP connections limit

    Art. 25. Applications hosted on User account may use up to 100 simultaneous HTTP connections to their site/subdomains/addon domains.
    Art. 26. User shall not be entitled to use their account to serve content to websites hosted outside the respective account.
    Art. 27. When any violations under Art. 24 and Art. 25 are determined, Provider shall be entitled to unilaterally suspend or limit service provision.

    Cron jobs

    Art. 28. User shall not be entitled to set up cron jobs that are executed at intervals shorter than 15 minutes.

    Other scripts, processes, and software applications

    Art. 29. Provider shall reserve the right to temporarily suspend service provision for users whose applications cause overload or other events, interfering with the usual functioning of the Provider's server equipment.
    Art. 30. User shall not be able to start more than 20 (twenty) simultaneously running processes.

    Other limits

    Art. 31. User shall not be entitled to host in their account space backup copies of said account that are older than 1 month.
    Art. 32. Each week, Provider shall make several backups of the accounts hosted on their shared hosting servers. These backups shall be for internal use only. Some file types are excluded from the backup. Such files are, for example (but not limited to), .iso; .ace; .arj; .avi; .bak; .bin; .bz; .bz2; .cab; .car; .cbr; .ccd; .cdr; .cue; .drw; .exe; .flv; .gz; .gzip; .img; .jar; .jmy; .lbs; .md; .mid; .midi; .mov; .mp2; .mp3; .mp4; .mpa; .mpeg; .mpg; .nrg; .pae; .pak; .psb; .psd; .r00; .r01; .r02; .r03; .ram; .rar; .rm; .rmf; .sea; .sub; .tar; .tar.gz; .tgz; .vob; .wad; .wav; .wave; .wma; .wmv; and .zip.
    Art. 33. User shall not be able to host files exceeding 500MB on a hosting account, as well as files of the following types: .iso; .avi; .cue; .bin; .nrg, as well as DVD/CD images and other digital media.
    Art. 34. By purchasing services from Provider, including backup services, User shall agree to maintain their own backup set, independent of those maintained by Provider.
    Art. 35. In case Provider provides User with backup data, they shall be raw data type, and User shall have to further process them so as to make them usable and able to be processed.
    Art. 36. User shall be obliged to organize account/s in such way that neither they, nor any of the visitors of sites hosted on accounts administered by User, shall use resources that greatly exceed the average usage of the respective resource used by the other users of the same or similar service.
    Art. 37. Remote access to MySQL and MSSQL shall be provided only for database administration. It may not be used by applications functioning on computer systems other than the one where the respective database is hosted. In case a violation under this Article is established, Provider shall be entitled to unilaterally suspend service provision without any notice.
    Art. 38. Applications hosted on User account can use the operating memory (RAM) in accordance with the limit set according to the parameters of the respective hosting plan.
    (2) The maximum number of inodes (files, directories, etc.) allowed, which User may host on a hosting account shall be determined depending on the hosting plan used, as follow:
    - for the 'SuperStart' hosting plan – up to 90 000 files and directories
    – for the 'SuperPro' hosting plan 180 000 files and directories
    – for the 'SuperHosting' hosting plan – up to 270 000 files and directories
    – for the 'SuperHosting+' hosting plan – up to 350 000 files and directories
    – for reseller hosting plans – up to 60 000 files and directories for each customer account hosted on a reseller account.
    Art. 38b. When the maximum allowed number of files and directories in an account is reached, Provider shall inform User that they must take necessary actions to reduce them to the limit allowed. Provider shall provide User with a term in which the latter must take necessary measures so that the number of files and directories is not exceeding the limits specified.
    Art. 38c. In case that after the term specified by the Provider, the number of files and directories in User account still exceeds specified limits, Provider shall be entitled to suspend or limit service usage and/or suspend account content backup (backup copy) generation.

    B. VIRTUAL SERVER

    I. SERVICE FEATURES

    Art. 39. Information on the different virtual server configurations is available at: http://www.superhosting.bg/web-hosting-page-servers-vps.php.

    II. DEFINITION

    VPS – Virtual Private Server or just Virtual Server represents a technology for division of one physical server into several logical (virtual) servers in such manner, that, in view of the logical (virtual) servers, the virtual server represents a completely independent (server) with strictly determined hardware parameters.

    III. CONTENT HOSTING

    Art. 40. With the virtual server service the following may not be hosted:
    1. BitTorrent clients;
    2. Proxy servers, as well as any other traffic relay/manipulation software;
    3. File sharing and download sites and all kinds of sites, related to p2p (peer to peer) activities, e.g. rapidshare.com, depositfiles.com, megaupload.com, etc.;
    4. Cryptocurrency software (mine cryptocurrency), such as Bitcoin, Litecoin, etc.

    IV. RIGHTS AND OBLIGATIONS


    Art. 41. User shall agree that Provider shall be entitled to decide which actions and applications installed represent acceptable use policy violation, as well as to take the respective measures to eliminate such violation.
    Art. 42. Provider shall be entitled to ban the use and launch of a specific software or script hosted on a User account or to forbid access to the Service for certain IP addresses or use of certain network ports., if the Provider considers there is a potential security risk and/or interference in the server’s normal equipment functioning.
    Art. 43. (1) The User understands and agrees that the Provider can delete (terminate) any content which violates the acceptable use policies if the User doesn’t take measures to remove the violation in term set by the Provider and the Provider is not responsible for user’s data loss.
    (2) By buying a VPS (Virtual Private Server) service the User agrees that he will keep his own backups, because the Provider doesn’t provide with such.
    (3) The User can request (order) from the Provider an option for partly or full VPS content backup, which is activated after an additional payment.
    (4) Activation price for the option of full or partly backup is available here: en.superhosting.bg/web-hosting-page-servers-vps.php
    Art. 44. User shall be entitled to request Provider's decision on acceptable use policy violation to be reconsidered only once for the particular type of violation.

    V. LIMITS


    Limit of bandwidth usage

    Art. 45. Internet line usage capacity (mbps) is not limited in terms of bandwidth.
    Art. 46. In case of Internet capacity deficiency User may shift to a plan, providing a larger capacity or ask the Provider for an increase of the capacity in their current plan by paying for the additionally provided resource.

    Email usage limits

    Art. 47. User shall agree not to use the services provided to them by the Provider to send unsolicited bulk emails (i.e., SPAM). The violation of this condition shall result in temporary Service suspension until the liability for the violation is clarified.
    Art. 48. In case of a repeated violation of these acceptable use policies under the previous Article Provider shall be entitled to unilaterally suspend Service provision without any notice.
    Art. 49. When a violation under Art. 41 is detected and it is proven that User is not at fault, in the cases of unauthorized access to the account or break into the scripts/web applications used by the User, Provider shall temporarily suspend the Service and shall inform User on that fact. User shall be obliged to take immediate actions to eliminate such violation. In case User fails to take any actions within one month as of the time notification was sent, Provider shall be entitled to unilaterally suspend Service provision without any notice.

    Script, process and software application-related limits

    Art. 50. Provider shall reserve the right to temporarily suspend service provision for users whose applications cause overload or other events, interfering with the usual functioning of the Provider's server equipment.

    C. DEDICATED SERVER

    I. SERVICE FEATURES

    Art. 51. Information on the different dedicated servers is available at: http://www.superhosting.bg/web-hosting-page-servers-dedicated.php.

    II. DEFINITION

    Art. 52. A dedicated server is an individually separated computer configuration which is provided to User, as the latter shall be entitled to use the whole hardware and software resource of the server.

    III. CONTENT HOSTING

    Art. 53. With the dedicated server service the following may not be hosted:
    1. BitTorrent clients;
    2. Proxy servers, as well as any other traffic relay/manipulation software;
    3. File sharing and download sites and all kinds of sites related to p2p (peer to peer) activities (e.g. rapidshare.com, depositfiles.com, megaupload.com, etc.);

    IV. RIGHTS AND OBLIGATIONS

    Art. 54. User shall agree that Provider shall be entitled to decide which actions and applications installed on the server represent a violation to the acceptable use policy, as well as to take the respective measures to eliminate such violation.
    Art. 55. User shall not be entitled to use or authorize third persons with the right to use equipment, hosted in Provider's network in order to initiate and perform attacks and malicious actions directed to any other computer system, connected to the Internet.
    Art. 56. In case a violation under the previous Article is established, Provider shall be entitled to temporarily suspend service provision until the problem is eliminated, as they shall duly inform User on that fact.
    Art. 57. User shall be obliged to take measures to eliminate the violation within one month after they have received the notification.
    Art. 58. (1) The User understands and agrees that the Provider can delete (terminate) any content which violates the acceptable use policies if the User doesn’t take measures to remove the violation in term set by the Provider and the Provider is not responsible for user’s data loss.
    (2) By buying the service Dedicated Server, the User agrees that he will keep his own backups, because the Provider doesn’t provide with such.
    (3) The User can request (order) from the Provider an option for partly or full Dedicated Server content backup, which is activated after an additional payment.
    (4) Activation price for the option of full or partly backup is available here: en.superhosting.bg/web-hosting-page-servers-dedicated.php
    Art. 59. User shall be entitled to request Provider's decision on acceptable use policy violation to be reconsidered only once for the particular type of violation.

    V. LIMITS


    Limit of bandwidth usage

    Art. 60. Internet line usage capacity (Mbps) is not limited in terms of bandwidth.
    Art. 61. In case of Internet capacity deficiency User may shift to a plan, providing a larger capacity or ask the Provider for an increase of the capacity in their current plan by paying for the additionally provided resource.

    Email usage limits

    Art. 62. User shall agree not to use the services provided to them by the Provider to send unsolicited bulk emails (i.e., SPAM). The violation of this condition shall result in temporary Service suspension until the liability for the violation is clarified.
    Art. 63. In case of a repeated violation of these acceptable use policies under the previous Article Provider shall be entitled to unilaterally suspend Service provision without any notice.
    Art. 64. When a violation under Art. 54 is detected and it is proven that User is not at fault, in the cases of unauthorized access to the account or break into the scripts/web applications used by the User, Provider shall temporarily suspend the Service and shall inform User on that fact. User shall be obliged to take immediate actions to eliminate such violation. In case User fails to take any actions within one month as of the time notification was sent, Provider shall be entitled to unilaterally suspend Service provision without any notice.

    D. Managed VPS

    I. SERVICE FEATURES

    Art. 65. Information on the different virtual server configurations is available at: http://www.superhosting.bg/web-hosting-common-managed-vps.php.

    II. DEFINITION

    Managed Virtual Private Server represents a technology for division of one physical server into several logical (virtual) servers in such manner, that, in view of the logical (virtual) servers, the virtual server represents a completely independent (server) with strictly determined hardware parameters.

    III. CONTENT HOSTING

    Art. 66. With the virtual server service the following may not be hosted:
    1. BitTorrent clients;
    2. Proxy servers, as well as any other traffic relay/manipulation software;
    3. File sharing and download sites and all kinds of sites, related to p2p (peer to peer) activities, e.g. rapidshare.com, depositfiles.com, megaupload.com, etc.;
    4. Cryptocurrency software (mine cryptocurrency), such as Bitcoin, Litecoin, etc.

    IV. RIGHTS AND OBLIGATIONS

    Art. 67. User shall agree that Provider shall be entitled to decide which actions and applications installed represent acceptable use policy violation, as well as to take the respective measures to eliminate such violations.
    Art. 68. If the Provider considers there are potential security risks and/or interference in the server equipment functioning, Provider shall be entitled to ban the use and launch of a specific software or script hosted on a User account.
    Art. 69. Provider shall be entitled to ban the use and launch of a specific software or script hosted on a User account or to forbid access to the Service for certain IP addresses or use of certain network ports., if the Provider considers there is a potential security risk and/or interference in the server’s normal equipment functioning.
    Art. 70. User shall be entitled to request Provider's decision on acceptable use policy violation to be reconsidered only once for the particular type of violation.

    V. LIMITS


    Internet usage limit

    Art. 71. Internet line usage capacity (mbps) of the User is limited based on the plan used.
    Art. 71a. In case of Internet capacity deficiency User may shift to a plan, providing a larger capacity or ask the Provider for an increase of the capacity in their current plan by paying for the additionally provided resource.

    Email usage limits

    Art. 72. User shall agree not to use the services provided to them by the Provider to send unsolicited bulk emails (i.e., SPAM). The violation of this condition shall result in temporary service limitation until the liability for the violation is clarified.
    Art. 73. In case of a repeated violation of these acceptable use policies under the previous Article Provider shall be entitled to unilaterally suspend Service provision without any notice.
    Art. 74. When a violation under Art. 67 is detected and it is proven that User is not at fault, in the cases of unauthorized access to the account or break into the scripts and web applications used by the User, Provider shall temporarily suspend the service and shall inform User of that fact. User shall be obliged in turn to take immediate actions to eliminate the violation. In case User fails to take any actions within one month as of the time notification was sent, Provider shall be entitled to unilaterally suspend service provision without any notice.

    Script, process and software application-related limits

    Art. 75. Provider shall reserve the right to temporarily suspend Service provision for applications that cause overload or other events, interfering with the usual functioning of the Provider's server equipment.

    Disk operation limit

    Art. 76. Upon Managed Virtual Private Server Service usage, applications hosted on the server may generate up to 65 million input/output disk operations (IOPS) per month. Input/output disk operations (IOPS) that are additionally realized above this number of 65 million within a month must be paid by User at the price specified by Provider, information of which is available at: http://www.superhosting.bg/web-hosting-common-managed-vps.php
    Art. 77. When many input/output disk operations (IOPS) are realized by User's virtual server by means of which allowed usage limits of this resource are exceeded, Provider shall reserve the right to temporarily limit service provision to secure service quality.

    System administration limit

    Art. 78. When using the Managed Virtual Private Server Service, User may use up to 3 (three) hours of system administration within a single month. Hours that are additionally realized above this number of hours within a single month must be paid by User at the price determined by Provider, information of which is available at: http://www.superhosting.bg/web-hosting-common-managed-vps.php
    Art. 79. The hours for the system administration service that are not used within one month shall not be transferred to following months.

    Other limits

    Art. 80. (1) The maximum number of inodes (files, directories, etc.) allowed, which User may host on a Managed Virtual Private Server, shall be determined depending on the server used as follows:

    - for Managed VPS Start – up to 500 000 files and directories
    - for Managed VPS Duo – up to 700 000 files and directories
    – for Managed VPS Pro – up to 1 000 000 files and directories
    - for Managed VPS Mega – up to 1 200 000 files and directories
    – for Managed VPS Business – up to 1 500 000 files and directories

    (2) The maximum disk space allowed, which User may use for MySQL databases shall be determined depending on the server used as follows:

    - for Managed VPS Start – up to 2,5 GB
    - for Managed VPS Duo – up to 5 GB
    – for Managed VPS Pro – up to 7,5 GB
    - for Managed VPS Mega – up to 10 GB
    – for Managed VPS Business – up to 15 GB

    Art. 81. When the maximum allowed number of files and directories or the disk space used for MySQL is reached, Provider shall inform User that they must take necessary actions to reduce them to the limit allowed. Provider shall provide User with a term in which the latter must take necessary measures so that the number of files and directories or MySQL disk space is not exceeding the limits specified.
    Art. 82. In case that after the term specified by the Provider, the number of files and directories or disc space used for MySQL still exceeds specified limits, Provider shall be entitled to suspend or limit service usage and/or suspend account content backup (backup copy) generation.

    VI. BACKUP COPIES

    Art. 83. User shall not be entitled to host backup copies of the virtual server content within the virtual server space if the copies are older than 1 month.
    Art. 84. Provider shall make three (3) backup copies of virtual server content per week. Some file types are excluded from the backup. Such files are as follows (but not limited to): iso; ace; arj; avi; bak; bin; bz; bz2; cab; car; cbr; ccd; cdr; cue; drw; exe; flv; gz; gzip; img; jar; jmy; lbs; md; mid; midi; mov; mp2; mp3; mp4; mpa; mpeg; mpg; nrg; pae; pak; psb; psd; r00; r01; r02; r03; ram; rar; rm; rmf; sea; sub; tar; tar.gz; tgz; vob; wad; wav; wave; wma; wmv; and zip.
    Art. 85. User shall not be able to host files exceeding 500MB in virtual server space, as well as files of the following types: .iso; .avi; .cue; .bin; .nrg, as well as DVD/CD images and other digital media.
    Art. 86. By purchasing services from Provider, including backup services, User shall agree to also maintain their own backup set, independent of the ones maintained by Provider.
    Art. 87. (1) User may request (order) a virtual server content full backup option from Provider, which is then activated upon additional payment.
    (2) Virtual server content full backup option includes the generation and storage of seven (7) backups per week, which also includes the file types specified in Art. 80.
    (3) The price for full content backup option activation is available at: http://www.superhosting.bg/web-hosting-common-managed-vps.php

    E. Cloud VPS services

    I. SERVICE FEATURES

    Art. 88. Information on the different configuration options is available at: http://www.superhosting.bg/web-hosting-page-cloud-hosting-services.php.

    II. DEFINITION

    Cloud VPS services represent a platform by means of which User may create and delete virtual servers, as well as manage and amend at any time the resources (disk space, RAM, processor cores, Internet access) of the servers created within the parameters specified by Provider.

    III. CONTENT HOSTING

    Art. 89. With the Cloud VPS services the following may not be hosted:
    1. 1. BitTorrent clients;;
    2. 2. Proxy servers, as well as any other traffic relay/manipulation software;
    3. 3. File sharing and download sites and all kinds of sites, related to p2p (peer to peer) activities, e.g. rapidshare.com, depositfiles.com, megaupload.com, etc.;
    4. 4. Cryptocurrency software (mine cryptocurrency), such as Bitcoin, Litecoin, etc.

    IV. RIGHTS AND OBLIGATIONS

    Art. 90. User shall agree that Provider shall be entitled to decide which actions and applications installed represent acceptable use policy violation, as well as to take the respective measures to eliminate such violations.
    Art. 91. Provider shall be entitled to ban the use and launch of a specific software or script hosted on a User account or to forbid access to the Service for certain IP addresses or use of certain network ports., if the Provider considers there is a potential security risk and/or interference in the server’s normal equipment functioning.
    Art. 92. (1) The User understands and agrees that the Provider can delete (terminate) any content which violates the acceptable use policies if the User doesn’t take measures to remove the violation in term set by the Provider and the Provider is not responsible for user’s data loss.
    (2) By buying a Cloud VPS service the User agrees that he will keep his own backups, because the Provider doesn’t provide with such.
    (3) The User can request (order) from the Provider an option for partly or full Cloud VPS content backup, which is activated after an additional payment.
    (4) Activation price for the option of full or partly backup is available here: en.superhosting.bg/web-hosting-page-servers-vps.php
    Art. 93. User shall be entitled to request Provider's decision on acceptable use policy violation to be reconsidered only once for the particular type of violation.

    V. LIMITS


    Internet usage limit

    Art. 94. Internet line usage capacity (mbps) shall be determined by User within parameters specified by Provider.

    Email usage limits

    Art. 95. User shall agree not to use the services provided to them by the Provider to send unsolicited bulk emails (i.e., SPAM). The violation of this condition shall result in temporary service limitation until the liability for the violation is clarified.
    Art. 96. In case of a repeated violation of these acceptable use policies under the previous Article Provider shall be entitled to unilaterally suspend Service provision without any notice.
    Art. 97. When a violation under Art. 95 is detected and it is proven that User is not at fault, in the cases of unauthorized access to the service or break into the scripts and web applications used by the User, Provider shall temporarily suspend the service and shall inform User of that fact. User shall be obliged in turn to take immediate actions to eliminate the violation. In case User fails to take any actions within one month as of the time notification was sent, Provider shall be entitled to unilaterally suspend service provision without any notice.

    Script, process, and software application-related limits

    Art. 98. Provider shall reserve the right to temporarily suspend Service provision for applications that cause overload or other events, interfering with the usual functioning of the Provider's server equipment.

    Disk operation limit

    Art. 99. Upon Cloud VPS service usage applications hosted on the server may generate up to 65 million input/output disk operations (IOPS) per month. Input/output Disk operations (IOPS) that are additionally realized above this number of 65 million within a month must be paid by User at the price specified by Provider, information of which is available at: http://www.superhosting.bg/web-hosting-page-cloud-hosting-services.php
    Art. 100. When many input/output disk operations (IOPS) are realized by means of which the allowed usage limits of this resource are exceeded, Provider shall reserve the right to temporarily limit service provision to secure service quality.

    F. SuperMail services

    I. SERVICE FEATURES


    Art. 101. Information on the different configuration options is available at: http://www.superhosting.bg/web-hosting-page-terms-and-agreements.php#supermail

    II. DEFINITION


    SuperMail is a service where User is provided with access to a mailbox by means of which they may send, receive, and manage emails.

    III. RIGHTS AND OBLIGATIONS


    Art. 102. User shall agree that Provider shall be entitled to decide which actions represent acceptable use policy violation, as well as to take the respective measures to eliminate such violation.

    Art. 103. User shall understand and agree that Provider shall be entitled to delete (terminate) any content violating acceptable use policy if User fails to take measures to eliminate such violation within the term specified by the Provider; as in such a case, the Provider shall not be held liable for any loss of data on the part of the User.

    Art. 104. User shall be entitled to request Provider's decision on acceptable use policy violation to be reconsidered only once for the particular type of violation.

    IV. EMAIL USAGE LIMITS


    Art. 105. Provider shall be entitled to delete, without any warning, all emails marked as SPAM that are older than one month and are located in email boxes belonging to the User.

    Art. 106. Provider shall make several backups per week. These backups shall be for internal use only.

    Art. 107. By purchasing services from Provider, including backup services, User shall agree to maintain their own backup set, independent of those maintained by Provider.

    Art. 108. User shall agree not to use the service provided to them by the Provider to send unsolicited mail – SPAM. The violation of this condition shall result in temporary service limitation until the liability for the violation is clarified.

    Art. 109. In case of a repeated violation of these acceptable use policies under the previous Article Provider shall be entitled to unilaterally suspend Service provision without any notice.

    Art. 110. When a violation under Art. 105 is detected and it is proven that User is not at fault, in the cases of unauthorized access to the service or break into the scripts and web applications used by the User, Provider shall temporarily suspend the service and shall inform User of that fact. User shall be obliged in turn to take immediate actions to eliminate the violation. In case User fails to take any actions within one month as of the time notification was sent, Provider shall be entitled to unilaterally suspend service provision without any notice.

    Art. 111. (1) The maximum number of emails allowed that User may store in their email box shall be determined depending on the plan used, as follows:
    • - for SuperMail 1 - up to 7500 emails
    • - for SuperMail 2 - up to 15000 emails
    • - for SuperMail 4 - up to 30000 emails
    • - for SuperMail 10 - up to 50000 emails
    • - for SuperMail 20 - up to 100000 emails
    • - for SuperMail 50 - up to 150000 emails
    • - for SuperMail 100 - up to 300000 emails
    (2) When the maximum number of emails allowed in the mailbox is reached, Provider shall inform User that they must take the necessary measures to reduce them to the allowed limit. Provider shall provide User with a term in which the latter must take necessary measures so that the number of emails is not exceeding the limits specified based on the plan.

    (3) In case that after the term specified by the Provider the number of emails in User mailbox still exceeds specified limits, Provider shall be entitled to suspend or limit service usage and/or suspend account content backup (backup copy) generation.

    Art. 112. (1) User shall be entitled to send up to 100 email messages within one hour.

    (2). User shall be entitled to send up to 7000 email messages within one week.

    Art. 113. (1) User shall be entitled to realize up to 5 simultaneous SMTP connections to their email box.

    (2). User shall be entitled to realize up to 10 simultaneous IMAP and/or POP3 connections to their email box.

    G. Policies to observe good manners, moral and polite behaviour criteria that have been adopted in traditions


    Art. 114. In case User when making system maintenance requests or performing any other communication with Provider employees fails to observe good manners, moral and polite behavior criteria that have been adopted in traditions, SuperHosting.BG Ltd. shall be entitled to refuse collaboration to the User, as well as to limit the channels for communication with the latter, without specifying any reason and without owing any indemnification.

    In the cases specified above at Provider's discretion contractual relationship with User may be unilaterally terminated by the Provider and User may be refused any further service provision, and Provider shall not owe User any indemnification therefor.
    This document stipulates the rules, which SuperHosting.BG Ltd., Sofia, Iztok Dstr., blvd. "Dr. G.M. Dimitrov" № 36, UIN 131449987, shall apply towards Users of the services it offers such as, but not limited to:
    1. Hosting services;
    2. Registration and management of domain names;
    3. Virtual servers;
    4. Dedicated servers;
    Art. 1. (1) "SuperHosting.BG Ltd. collects and processes personal data of Service Users on the grounds of Art. 4, Para. 1, Pt. 2 and 3 of the Law for Protection of Personal Data and more specifically based on the following:
    • User’s explicit consent;
    • SuperHosting.BG Ltd.’s performance of their obligations towards Users under the respective service agreements.
    (2) By accepting the general terms and conditions of the services provided by SuperHosting.BG Ltd., Users expressly agree that SuperHosting.BG would be entitled to process personal data, disclosed by Users with the registration for the use of the services.
    (3) "SuperHosting.BG Ltd. is registered as a personal data administrator with the Commission for Personal Data Protection under № 0021684.
    Art. 2. (1) SuperHosting.BG Ltd. collects and processes personal data submitted by Users for the purposes of providing the Services under the agreement with respective Users, including with regard to the following:
    • accounting purposes;
    • statistical purposes;
    • ensuring information security;
    • ensuring the implementation of the agreement for the respective service;
    • dispute resolution between the User and third parties;
    (2) "SuperHosting.BG Ltd. shall observe the following principles when processing Users’ personal data:
    • lawfulness and a bona fide approach;
    • specific determination of possessing purposes;
    • relevance with regard to possessing purposes;
    • accuracy and currentness;
    • Users’ consent to data processing.
    Art. 3. (1) SuperHosting.BG Ltd. shall not collect and process personal data and Users shall not disclose such data which:
    • reveals racial or ethnic origin;
    • reveals political, religious or philosophic beliefs, membership in political parties or organizations, associations of a religious, philosophical, political or trade union nature;
    • relates to overall health, sexual life or the human genome;
    (2) Para. 1 shall not be applicable in cases pursuant to Art. 5, Para. 2 of the Law for Protection of Personal Data.
    Art. 4. (1) In collecting and processing Users’ personal data, SuperHosting.BG Ltd. shall ensure a sufficient degree of protection against accidental or unlawful destruction or accidental loss, unauthorized access, modification or distribution, as well as other illegal forms of processing, in accordance with the current development of information technologies.
    (2) Users shall be diligent with regard to storing and protecting their personal data when providing it to SuperHosting.BG Ltd.
    (3) Users shall be required to maintain the currentness of personal data provided to SuperHosting.BG Ltd.
    Art. 5. In cases when personal data has been received from the User it relates to, SuperHosting.BG Ltd. shall be entitled to provide to that User in each case, and after initial assessment of the need for such provision in order to ensure fair processing of data relating to the respective natural person, the following information:
    • recipients or recipient categories to whom data may be disclosed;
    • information on the obligatory or voluntary nature of disclosing data and the consequences of refusing to do so;
    • information on right of access and right to adjust collected data.
    Art. 6. SuperHosting.BG Ltd. shall provide Users with access to personal data collected in the registration process for use of services.
    Art. 7. SuperHosting.BG Ltd. shall provide the Commission for Personal Data Protection with access to the registers it keeps and shall not hinder control over data processing.
    Art. 8. (1) SuperHosting.BG Ltd. shall disclose Users’ personal data to state authorities after receiving an explicit written order and in cases provided by law, as well as to an extent not exceeding the purposes for which such data is being requested.
    (2) SuperHosting.BG Ltd. shall disclose Users’ personal data to state authorities also under the following circumstances:
    • Art. 251B, Para. 1 of the Electronic Communications Act;
    • Art. 16, Para. 3 of the Electronic Commerce Act;
    • Art. 148, Para. 1 of the Ministry of Interior Act.
    Art. 9. After achieving the objectives of processing Users’ personal data, SuperHosting.BG Ltd. shall destroy the data or transfer it to another personal data administrator, observing the requirement under Art. 25, Para. 1 of the Law for Protection of Personal Data.
    Art. 10. (1) Users shall be entitled to access personal data, which relates to them, after submitting a request for electronic access to SuperHosting.BG Ltd.
    (2) SuperHosting.BG Ltd. shall provide access only to data relating to the respective natural person, who has submitted the request for access.
    Art. 11. (1) The natural person, to whom the data relates, shall be entitled to request from SuperHosting.BG Ltd. at any time the following:
    • confirmation as to whether their data is being processed, information on the purposes of such processing, data categories and recipients or recipient categories to whom data is being disclosed;
    • notification in an intelligible form, containing the individual’s personal data subject to processing, as well as any available information on data sources;
    • information on the logic behind any automatic personal data processing, relating to that person.
    (2) The natural person, whose data is being processed, shall be entitled to require actions under Para. 1 free of charge once every 12 months at the most.
    Art. 12. The natural person, whose data is being processed by SuperHosting.BG Ltd., shall be at any time entitled to request from the latter:
    • to delete, adjust or block their personal data, should its processing not meet the requirements of the Law for Protection of Personal Data;
    • to inform third parties, to whom personal data has been disclosed, of any deletion, adjustment or blocking carried out in accordance with the above sentence, except in cases when this is impossible or involves excessive efforts.
    Art. 13. (1) Requests submitted to SuperHosting.BG Ltd. under the current policy shall include at least the following:
    • name, address and other data for the identification of the respective natural person;
    • description of what is being requested;
    • the preferred form for provision of information;
    • signature, submission date of the request and mailing address.
    (2) When the request is being submitted by a proxy, a notarized power of attorney shall need to be enclosed.
    Art. 14. (1) SuperHosting.BG Ltd. shall rule on the natural person’s request pursuant to Art. 13, Para. 1 within 14 working days from its submission.
    (2) The term under Para. 1 may be extended by SuperHosting.BG Ltd. up to 30 working days, should gathering all requested data objectively require a longer time and thus, seriously hamper SuperHosting.BG Ltd.’s activities.
    (3) SuperHosting.BG Ltd. shall notify the natural person, who has submitted the request, if their request is being met in writing or else, send a reasoned refusal. The notification shall be provided by SuperHosting.BG Ltd. to the natural person via registered mail or in person, against signature.
    (4) The lack of notification by SuperHosting.BG Ltd. to the natural person under this article shall be considered a refusal.
    Art. 15. The natural person, to whom the data relates, shall be entitled to:
    • object before SuperHosting.BG Ltd. as regards the processing of their personal data, should there be legal grounds to do so; should such opposition be deemed justified, the personal data of the individual may no longer be processed;
    • object to the processing of their personal data for the purposes of direct marketing;
    • receive notification before their personal data is disclosed to third parties for the first time or used on their behalf for the purposes of Pt. 2, and be given the opportunity to object to such disclosure or use.

    Art. 16. (1) The natural person agrees that SuperHosting.BG Ltd. has the right to store information or gain access to information stored in the terminal equipment of the recipient of services offered by SuperHosting.BG Ltd (cookies).
    (2)„SuperHosting.BG Ltd. shall ensure that the service recipient has the opportunity to receive information on data stored in terminal equipment at any time. The respective natural person shall exercise that right by sending an inquiry via email to SuperHosting.BG Ltd. and by legitimation through their ID card.
    (3) If a natural person has not expressly objected to information storing or gaining access to information stored on terminal equipment, SuperHosting.BG Ltd. shall be entitled to carry out these actions without the individual’s explicit consent. The natural person shall have the opportunity to submit an objection under the current article via SuperHosting.BG Ltd.’s main internet site.
    (4) „SuperHosting.BG Ltd. grants no explicit opportunity to natural persons to disagree with this article in cases of provision of service of information society, which is expressly requested by the recipient of the service of information society.

    Commission for Personal Data Protection
    Address: Sofia 1592 Prof. Tsvetan Lazarov Str. № 2,
    tel.: (02) 940 20 46, fax: (02) 940 36 40
    Email: kzld@government.bg, kzld@cpdp.bg
    Website: www.cpdp.bg

    І. SUBJECT

    Article 1. These Terms and Conditions are purposed to regulate the relations between ‘SuperHosting.BG’ Ltd., having its seat and registered address in Sofia, Iztok, 36 G. M. Dimitrov Blvd., UIN 131449987, represented by Mr. Lyubomir Rusanov, in his capacity of Manager, hereinafter referred to as PROVIDER, and the customers, hereinafter referred to as USERS, of the services related to the creation of Internet websites, hereinafter referred to as the Services.

    ІІ. DEFINITIONS

    Article 2. For the purposes of these Terms and Conditions, the terms listed below would have the following meaning:

    2.1. Shopiko – A platform for the creation of an Online shop for the sale of services to the Users;

    2.2. Online shop – it provides the end users with information for the Client’s Products and the terms for their purchase by ordering and paying the respective purchase price;

    2.3. Users – natural persons and corporate bodies, which have concluded a contract with the Provider and wish to commence online commerce through Shopiko™ by placing their Online shop on the technical devices of the Provider. The Users can be natural persons of full legal age and capacity, as well as corporate bodies, represented by their legal representatives or duly authorized persons, who own a validly created Personal profile;

    2.4. Products – goods and services, published at the User’s online shop;

    2.5. Owner – a corporate body which has effected the first payment for the Online shop for which an invoice has been issued or the contact person who is indicated in the created Personal profile;

    2.6. Personal profile – it is a separate part from the Provider’s technical devices (servers), containing the User’s information which is requested by ‘SuperHosting.BG’ Ltd. at the registration and is stored at ‘SuperHosting.BG’ Ltd., as the access to the Personal profile by the Registered user is performed by inserting a User name and Password. The Personal profile grants the User the possibility to use certain Services, to which the access is restricted, to configure the use of the Services, to make suggestions for the inclusion of new Services, to terminate the use of the Services, to change his Password and others;

    2.7. Services – include the services for creation, storage and use of the Online shop and the service Shared hosting, e-mail, in accordance with these Terms and Conditions;

    2.8. Shared Hosting - storage of one or multiple websites on the server of ‘SuperHosting.BG’ Ltd., which has permanent access to the Internet.

    ІІI. SUPERHOSTING.BG DATA

    Art. 2. Information under the Electronic Commerce Act:
    1. 1. Name of the Provider: SuperHosting.BG Ltd;
    2. 2. Seat and registered address: Blvd. Dr. G.M. Dimitrov 36, Dstr. Iztok;
    3. 3. Address of operations: Sofia 1797, Dstr. Iztok, Blvd. Dr. G.M. Dimitrov 36;
    4. 3. Address of operations: Sofia 1797, Dstr. Iztok, Blvd. Dr. G.M. Dimitrov 36;
    5. 4. Contacts: Sofia, 1797 Dstr. Iztok, Blvd. Dr. G.M. Dimitrov 36; email: esales@superhosting.bg, tel: 0700 45 800;
    6. 5. Entry in public registers: UIN 131449987 in the Commercial Register with the Registry Agency;
    7. 6. Data Controller Certificate № 0021684;
    8. 7. Supervisory bodies:
      (1) Commission for Personal Data Protection
      Address: Sofia, Ivan Evstatiev Geshov Str. № 15,
      tel.: (02) 940 20 46
      fax: (02) 940 36 40
      Email: kzld@government.bg, kzld@cpdp.bg
      Website: www.cpdp.bg

      (2) Commission for Consumer Protection
      Address: Sofia 1000, Slaveykov Sq. №4A, Floors 3, 4 and 6,
      tel.: 02 / 980 25 24
      fax: 02 / 988 42 18
      hot line: 0700 111 22
      Website: www.kzp.bg

      (3) Commission for Protection of Competition Bulgaria
      Sofia 1000, Vitosha Blvd. № 18
      Telephone: (02) 935 61 13
      fax: (02) 980 73 15
      Website: www.cpc.bg
    9. 8. Registration under the Value Added Tax Act № BG 131449987;

    IV. PRICE OF THE SERVICE



    4.1. The Provider provides the Services Online Shop and Shared Hosting in a package for remuneration which is payable in Bulgarian leva and is due by the User in accordance with the subscription plan chosen by the User.

    4.2. Information about the different subscription plans and the service package included in them is accessible on address: http://www.superhosting.bg/web-hosting-compare-shop-plans.php

    4.3. The User pays the price of the Service in the beginning of every subscription period.

    After the receipt of payment for the subscription and all necessary information for an invoice, as long as the latter have not been submitted at the time of creation of the Personal Profile, the Provider shall send to the User an electronic invoice on the e-mail indicated by the User. The Customer agrees and accepts the electronic invoice as a sufficient and valid document verifying the effected payment.

    4.4. The Provider confirms the receipt of the payment by activating the Service and shall not be responsible if the User has not presented a valid e-mail or does not receive the invoice due to another reason, for which the Provider is not responsible.

    4.5. The User has the right within 30 calendar days from the conclusion of the contract to refuse the use of the Service and to terminate the contract without prior notification and without stating any reasons.

    4.5. The User has the right within 30 calendar days from the conclusion of the contract to refuse the use of the Service and to terminate the contract without prior notification and without stating any reasons.

    4.6. In the cases under para 4.5. the Provider refunds the whole sum, paid by the User for the Service.

    4.7. In the cases under para 4.3. the sums paid for Services which are performed by the Provider once and have already been done, are not refundable. For such services are considered: registration of a domain, registration of a website at popular portals and search engines, system administration and others.

    4.8. In the cases of para 4.5. the Provider has the right to deduct the sum for restoration, the price of all fees and commissions paid by the Provider, which are directly connected with the provision of the Provider’s service and the restoration of the sum paid by the User.

    4.9. In the cases of para 4.3. when the User has received some form of additional benefit, related to material and non-material expenses on behalf of the Provider, the latter has the right, when restoring the sums to the User, to compensate the cost price of certain benefit with the sum to be restore, as well as the cost price of all expenses, made in connection with the provision of the Service and not included in the description of the Service.

    For additional benefits are considered gifts with current promotions, additionally provided free services in a package, promotional credits for advertising, monetary bonuses and others.

    4.10. The Client explicitly agrees that when it has not paid the monthly subscription price for a given time period and/or for a specific Online shop, it does not wish to use the services related to this Online shop or for such time period and the Provider is entitled to immediately remove the Online shop/Online shops of the Customer from its server, without owing any notification, warning or compensation to the Customer.

    V. CREATION OF AN ONLINE shop



    5.1. In order to commence the use of the Service Shopiko, it is necessary to create your Online shop and Private profile.

    5.1.1. The password for remote access is chosen by the User through an online registration at the Provider’s website according to the procedure indicated therein.

    5.1.2. By filling its information and pressing the buttons "Yes, I accept" and "Registration", the User declares that it is familiar with these Terms and Conditions, agrees to their content and unconditionally undertakes the obligation to observe them.

    5.1.3. The Provider confirms the registration made by the User by sending a letter to an e-mail, indicated by the User, on which the activation data for the registration shall be sent. After the activation is done, the User’s account shall be created and contractual relations occur between the User and the Provider.

    5.1.4. By registering the User undertakes the obligation to provide correct and current data. The User undertakes the obligation to update the data provided in the registration, if any change occurs.

    5.2. When creating your Online shop, you have to indicate:

    a) Name of the shop;

    b) Domain or sub-domain;

    c) Information about a client’s profile;

    d) Subscription plan for the use of your Online shop.

    5.3. With pressing the button "Create" you create your Online shop pursuant to these Terms and Conditions and conclude an individual contract for the creation of the respective Online shop.

    5.4. For the creation of an Online shop you receive confirmation via the e-mail, indicated at the creation of your profile.

    5.5. For the launch of the Online shop you have to pay the full amount of the subscription price according to the chosen plan.

    5.6. The Provider does not carry responsibility for irregularly or incorrectly filled information.

    5.7. In order to avoid any doubt, the parties agree that the Provider provides to the User Online shop without content, as the User has to include the name, description and price of the Products it offers, as well as to attach images of the Products.

    5.8. The responsibility for the regularity and the legality of the presented information about the Products is of the User. The User is responsible for the news, answers to FAQs, as well as any other texts, images and materials, published by it. The Customer agrees that the Provider is not responsible for the information, texts, images and materials, published by the User.

    5.9. The Customer is responsible for the intellectual property rights over the attached images of the Products. The client agrees that the Provider shall not be responsible for acquiring and using of these rights.

    5.10. The responsibility for the use of the offered Products’ trademarks is for the Customer. The Customer agrees that the Provider is not responsible for acquiring and using these rights.

    5.11. The Client agrees that the Provider does not offer and does not sell the Products to the Customer, does not bear responsibility for the sale, payment, deliveries and claims for the return of Products, ordered by the End users.

    5.12. The User undertakes the obligation not to publish texts, images and materials which violate the law or third parties’ rights.

    5.13. The Customer agrees that the Provider shall not be responsible towards the end users by the meaning of the Customers Protection Act, as well as towards the other traders and enterprises in the sense of the Law on Protection of Competition, since it is not a trader or provider of the sold Products, but only offers a service for the creation and maintenance of the Customer’s Online shop. The Provider shall not be responsible towards the User when the latter has violated the law when performing the sale of his Products or has violated the rights or legal interests of third parties.

    5.14. The Customer is obliged to provide by himself all licenses, permissions and registrations for the sale of the Products via the Online shop.

    5.15. The Customer agrees that when a dispute with third parties arises or an imposed sanction or other type of penalty is imposed on the Provider, the Customer obliges to compensate the Provider for all penalty payments, compensations and other expenses, as a result of bad-faith or illegal actions or lack of action of the client, including the cases when the Customer has indicated incorrect information at the Online shop, has violated the customers’ rights, the third parties’ intellectual property rights, personal data or the rules of competition and others.

    VI. CHARACTERISTICS OF THE SERVICE


    6. The Service provided by the Provider to the User includes the following:

    6.1. Provision of different options for publication and management of publications, including but not only through creation and maintenance of the Online shop, as well as provision of free space on the Provider’s service, on which the User has the right to publish and share with third parties on the Internet information, as well as to shop the information about the Online shops, created by him;

    6.2. Provision of access to administrative panel for publication, process and disposal with the information at the Online shops created by him and shared on the space provided;

    6.3. Provision of possibility to use an e-mail;

    6.4. Provision of server space for the storage of information related to the Online shop;

    6.5. Provision of parameters of the Service, according to the subscription plan as chosen by the User;

    6.6. Provision of parameters of the Service, according to the subscription plan as chosen by the User;

    6.7. The Provider provides and the Users use the Service in accordance with the parameters of the subscription plan chosen by the User, but without any obligation of the Provider to ensure Internet connection to the User, through which the latter receive access to the Services.

    6.8. The Provider provides the Service within the good-faith, reasonable and common in practice and customs consumption and the chosen subscription plan. The Provider announces a non-exhaustive list of the bad-faith use of technical and software restrictions of the Service on the Policy, published on the following address: http://www.superhosting.bg/web-hosting-page-terms-and-agreements-politics.php

    6.9. In case of deviation from the use pursuant to these Terms and Conditions, the Provider has the right to temporarily or permanently restrict or cease the provision of the service, as well as to remove from its technical devices the information regarding a bad-faith User.

    VII. PROVISION OF THE SERVICE


    7.1. The Provider provides the User with access to an administrative panel for remote use of the Service Online shop.

    7.2. The User has the right to manage the Service only via the administrative panel provided by the Provider and to legitimize himself by filling his name and password.

    7.3. The User has the right of remote access only to the space on the Provider’s service, specified for it and to the created by or for it Online shops.

    7.4. The User has the right to share information by saving it on the server space which is provided by the Provider and is connected to the Internet.

    7.5. The Provider provides connection of the server to the Internet and good working condition of the technical equipment pursuant to the chosen subscription plan.

    7.6. The User has the right to save information on the specified server space of the Provider and by means of a special software, as long as this does not violate the functioning and security of the server.

    7.7. The Provider provides the User with the possibility to use autonomous e-mail service.

    7.8. The User can use the e-mail service within the parameters of the subscription plan chosen by it.

    7.9. The User has the right to use the Services – Online shop and e-mail in good faith and in accordance with their purpose.

    7.10. When using the Service, the User does not have to use software, scripts, programming languages or other technologies which could create difficulties for the use of the Service by other Users.

    7.11. The User uses technologies and builds up each of his Online shops in its own manner, which is in accordance with the modern safety requirements, functionality and effectiveness. The Online shops created by the User by using the service, must not cause server load which exceeds the normal and accepted in the practice service consumption.

    7.12. The User undertakes the obligation to use the Service for the following:
    • For the publication, distribution or provision in any way of information, messages, text, computer files or other materials which contradict the Bulgarian legislation, the applicable foreign laws, the present Terms and Conditions, the Internet ethics or the principles of morality and which violate third parties’ rights, such as:
    • Copyrights, trademarks, patent or other intellectual property rights, as well as any other monetary or non-monetary rights or legal interests of third parties;
    • Commercial, business or private secret or other confidential information;
    • For publication, distribution or provision of software or other computer files, which contain viruses or other risk programs or their components;
    • For publication or transfer of pornographic or illegal materials;
    • For publication of information, messages, text, computer files or other materials, containing a threat for the life or physical integrity of people, popularizing discrimination, fascist, racist or other non-democratic ideology, whose content violates personal rights and freedoms according to the Constitution and the laws of the Republic of Bulgaria or international acts, which appeal for forced changes of the constitutionally settled order, commitment of crimes, etc.


    7.13. The User agrees not to use the Service for sending unwanted mail – ‘SPAM’. The violation of this requirement is a condition for temporary suspension of the provided Service, for which the Provider notifies the User. In case of a repeated violation, the Provider has the right to unilaterally cease the provision of the service without warning.

    7.14. The User himself secures the equipment for access to the Service and its management.

    7.15. The provision of the service does not include provision of a domain name.

    7.16. In order to increase the quality of the Service, perform maintenance, remove problems and other related activities, the Provider has the right to temporarily restrict or discontinue the provision of the service.

    7.17. In the cases of para 7.18 the Provider is obliged to restore in a timely manner the provision of the service after the circumstance which caused the discontinuation ceases to exist.

    7.18. The Provider provides technical support to the Users of the service Online shop and Shared hosting in accordance with the subscription plan chosen by the User. Within the chosen subscription plan the Service could be provided in various scope and amount.

    VIII. PAYMENT OF THE PRODUCTS, BOUGHT FROM THE ONLINE SHOP



    Article 8.1. Shopiko grants the User the possibility to choose by itself the means by which the end users shall pay the bought Products. The possible means of payment are: payment in cash, bank transfer, ePay, EasyPay, PayPal, credit and debit card.

    8.2. In order to use all proposed means of payment, the User has to create its own registrations and accounts at the respective organizations and to connect them to his Online shop, while observing the instructions published at Shopiko.

    8.3. The User consents that the Provider is not a payment institution, does not offer payment services and does not perform payment operations. These activities are performed by the persons who have received a license for the provision of such services. The Provider provides the Client with the technical possibility to integrate the described means of payment at the Online shop, but the User shall be responsible for securing the services, related to the payments. 8.4. The User consents that the Provider does not bear responsibility towards the User in relation to the receipt of the purchase price of the offered Products by the end clients.

    IХ. SUPPORT



    Article 9.1. In case a problem occurs with the access or the use of the Online shop, the User shall inform the Provider on telephone number: 02 81 08 991 or e-mail: .

    9.2. The Provider shall make all reasonable efforts for the removal of the problem which arose.

    9.3. The Provider does not bear responsibility if problems occur as a consequence from force majeure or reasons other than program mistake, as well as when the client and the end users have filed false or incorrect information or have used the Online shop without observing these Terms and Conditions, the Terms and Conditions of the respective Online shop, the instructions for creation and use of Shopiko, the Provider’s instructions and the provisions of the law. The Provider does not bear responsibility for the caused damages and loss of future profit of the User as a consequence from a problem with the Online shop.

    XI. TEMRS AND CONDITIONS OF THE ONLINE SHOP



    Article 10.1. In order to secure the prompt and easy launch of the Online shops, the Provider has integrated in each of them a sample of the Terms and Conditions. The User is obliged to get familiar with the Online shop’s Terms and Conditions, to file the identification data and to enter all necessary information and corrections in them in accordance with the specifications of his status, activity and the offered Products, if needed.

    10.2. The User understands and consents that the Terms and Conditions on the Online shop proposed by the Provider are only exemplary, that they are not adapted to the specific activity of the User and that the User is responsible for their finalization, as well as for the correctness and legality of their content. The Terms and Conditions of the Online shop do not include information about the User and it has to file them in itself. The Terms and condition of the Online shop are not adapted to the specific activities of the User and the procedures, terms, values and other information included therein shall be adapted by the User in accordance with his activity and the Products that he offers. The Provider does not bear responsibility for the content of the Terms and Conditions of the Online shop.

    XI. PERSONAL DATA



    Article 11.1. The Provider is a personal data administrator, registered under the Personal Data Protection Act. The Provider is obliged to take due care for the protection of the personal data, as well as not to distribute, sell and provide to third parties his Users’ personal data, unless this is required for the performance of the Provider’s activity or is requested by the competent authorities in accordance with the rules of law.

    11.2. By filing its personal data, the User confirms that it has presented his personal data voluntarily and that gives its explicit permission for the collection, process, storage and provision of the data in accordance with the Bulgarian legislation and whenever this is necessary to secure the offered services, for accounting purposes, for contacting the User and for sending notifications for the services, provided by the Provider.

    11.3. By filing its data, the User is obliged to present full and correct information about its identity and the other required information. If the User has presented false or incomplete information, the Provider does not bear responsibility in case of non-performance of its commitments.

    11.4. The User does not bear responsibility for the filing of other personal data. If a dispute arises who is bound by these Terms and Conditions, for a client is considered the person who paid the price for the use of the Online shop.

    11.5. The User has to register as a personal data operator in accordance with the Personal Data Protection Act and to request the consent of the end users for the collection, process and storage of their personal information. The User is responsible for the means by which it collects, processes and shops the personal data of the end users.

    11.6. The Provider has the right to send to the Users commercial correspondence for which there has been no previous application, to carry out surveys or to offer advertisements or information about goods and services offered by itself or other traders. By filing its personal information the User consents that the Provider shall collect and other data for the User and the end users, e.g. IP address, time of visit, access spot to the webpage, name and version of the web-browser, operating system and other parameters, provided by the web-browser through which the webpage was accessed and any other information. The Provider could use the collected data for statistic and market surveys, for improvement of the services provided to the clients.

    11.7. The User grants the Provider with the right to access, storage and processing of the end users’ personal data, as well as any other information regarding the offered Products, prices and their entire activity. The Provider has the right to compare all these parameters and to publish on its sole judgement all information and statistics about the client, its Products and activity (the so called price aggregator).

    11.8. The User is obliged to ensure the consent of the end users for the collection of this information through the Terms and condition of the respective Online shop.

    11.9. For safety reasons regarding the Users’ personal data, the Provider shall sent the data only to the e-mail address which was indicated by the Users at the time of registration.

    11.10. At any time before, during or after the provision of the Service, the Provider has the right to request from the User to legitimize himself and verifies the authenticity of each of the circumstances and personal data which were announced at the time of the registration.

    11.11. In case that for some reason the User has forgotten or lost his name and password, the Provider has the right to apply the announced ‘Procedure for lost or forgotten names and passwords’, which is accessible on address http://www.superhosting.bg/web-hosting-page-terms-and-agreements-password.php.

    XII. RIGHTS AND OBLIGATIONS OF THE PARTIES



    Article 12.1. The User understands and consents that the Provider is entitled to decide which actions of the User are considered violation of the present Terms and Conditions, as well as to undertake the required measures for elimination of the violation.

    12.2. The Provider is entitled, after an assessment on the potential risk for the security and/or violation of the ordinary work of the platform, to forbid the use and start of a certain software, script or other materials, positioned on the Client’s shop.

    12.3. The User is not entitled to add/configure in the control panel domains or sub-domains which are not within his sphere of use, control and management.

    12.4. The User undertakes the obligation not to publish materials, containing viruses or other programs which aim at destroying or damaging the platform or other system, as well as materials containing forbidden, inappropriate, slanderous, threatening or ill-natured content for the Provider or a third party. The Provider reserves the right to remove and/or edit such materials.

    12.5. The Provider reserves the right to cease the provision of the Service for Users whose Online shops cause overload, or due to other circumstances which violate the normal work of the Online shop, including if the User has exceeded the limits set by the Provider.

    12.6. The User agrees not to use the services provided by the Provider for sending of unsolicited commercial messages (unwanted mail, spam) in violation of the Bulgarian legislation and third parties’ rights.

    12.7. The User is not entitled to use or permit to third parties to use the Online shop or the Shopiko platform in order to undertake and perform attacks and malicious actions towards any other computer system, connected to the Internet.

    12.8. The User is obliged to observe the principles of good faith, morality and the commonly accepted criteria for appropriate behavior when addressing requests for system support or other forms of communication with the Provider’s employees.

    12.9. When the User provides access to the use and management of his Online shop to third parties, it bears the responsibility for the third parties’ actions as for its own.

    12.10. The User is responsible for the confidentiality of its access data to the Online shop (user name and password) and assumes full responsibility for action/actions, performed through his Personal profile and in his Online shop. In case of doubt that for some reason the confidentiality of its information is under threat, the User has to immediately notify the Provider’s team.

    12.11. The Provider is not obliged to monitor the information which it stored, transmits or makes accessible, nor to look for facts and circumstances, indicating the commitment of such illegal activity.

    12.12. The User understands and consents that the Provider has the right to cease the User’s access to the Online shop if the User violates the Terms and Conditions, the Policies or the law, as in this case the Provider does not bear the responsibility for loss of the User’s data or other damages.

    XIII. TERMINATION OF THE SERVICE



    Article 13.1. The violation of these Terms and Conditions or the Policies of use, published on the website of the platform may lead to temporary or constant termination of the services and suspension of the access of the User to the Online Shop without an obligation of the Provider for prior notification or warning and without any compensation due to the User.

    13.2. When the User uses the Online shop in contradiction to the active legislation, the present Terms and Conditions, the Policies of use, published in the website of the Provider or other rules, as well as when there is a reasonable doubt for such action or inaction, the Provider has the right to deny the provision of the service and to terminate the access of the User to the Online shop without any notification, notice and without any kind of compensation.

    13.3. By its sole assessment the Provider has the right instead of terminating the service, to require from the User to eliminate the violation and the User shall be obliged to undertake the actions towards elimination of the violation in 24 hours after it has received the notification, if the Provider has not appointed a different deadline. Until the remedy of the violation the Provider shall be obliged to terminate temporary the distribution of the services to the User. When the User eliminates the violation in the appointed term the Provider has the right to entirely cease the provision of the services to the User. In all cases the Provider does not bear responsibility for the loss of data by the User and does not owe compensation.

    13.4. In all cases the User owes the Provider compensation for all damages and lost profits incurred by the violation.

    XIV. SUBMISSION OF CLAIMS AND COPMLAINTS



    Article 14.1. The User has the right to submit a complaint if the services of Shopiko do not comply with the present Terms and Conditions. The complaint may be submitted in electronic or written form and must contain information about the User, including an e-mail address and a description of the violated terms.

    14.2. The address for submission of complaints in written form is: 36 Doctor G. M. Dimitrov Blvd., Iztok.

    14.3. The address for submission of complaints in electronic form: . 14.4. The term for submission of complaints is 3 days from the event.

    14.5. The team of the Provider shall consider the duly submitted complaints within 14 days after their receipt and will answer to the e-mail given by the User.

    XV. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS



    Article 15.1. The whole content of the Shopiko portal including all published texts, images, pictures, video materials, articles, program code (without these introduced and applied by the client in connection with the offered by him Products) are with reserved copyrights. They belong to the Provider and are under the protection of the Law on Copyright and Neighboring Rights. Their copying and use is a flagrant violation of the copyrights and the mandatory provisions of the Bulgarian legislation.

    15.2. The User has no right to copy, preserve, process, publish, distribute in original or transformed form, as well as to use in any other way the texts, images or other parts of the content of Shopiko.

    15.3 With the creation of an Online shop the User does not acquire any rights or licenses over Shopiko, the created by it Online shop or the trademarks of the Provider or Shopiko. The User has only the right to use his Online shop while paying the monthly subscription fee or until the termination of the service by the Provider under the present Terms and Conditions. The User has no right to claim any rights or licenses over Shopiko, the Online shop, their separate elements or trademarks used or owned by the Provider, has no right to offer or distribute such rights to third parties.

    15.4. The User has no right of access to the program code of the Online shop or right to copy or modify it in any way. Every attempt of the User for access, copy or change in the program code of the platform will be considered a rough violation of the current Terms and Conditions and the rights of the Provider. The User has no right to remove or hide information for the copyrights or the rights over the trademarks of the Provider.

    15.5. In case of non-fulfillment the Provider has right to immediately terminate the use of the Online shop by the Client without any notification or prior notice, as well as to claim compensation for all incurred damages and lost profits by the User’s actions.

    15.6. The User shall be obliged to provide the consent of the end users for observance of the Provider’s copyrights and other rights of intellectual property.

    15.7. The trademark of Shopiko and the domains with this name are property or are being used on a valid legal ground by the Provider. The use of this trademark, domain or name, directly or indirectly (for example, but not exhaustively, through meta tags or other techniques for indexing or searching in the Internet) without prior written consent by the Provider, is prohibited and is punishable by law.

    15.8. The prohibitions of violation of the copyrights and other rights of intellectual property of the Provider are valid for all third parties, in case of violation the Provider shall be compensated for all incurred damages and lost profits by the third party actions.

    XVI. CHANGES OF THE PLATFORM



    Article 16.1. The Provider is entitled at any time to make changes and improvements in the platform, as well as of the form and content of the provided Services, as far as the main functions of the Online shop remain undamaged.

    16.2. The Provider has the right to temporarily cease the provided Services if that is necessary for their actualization.

    16.2. In these cases the Provider does not bear responsibly for the damages and lost profits incurred by the Users.

    XVII. COMMUNICATION WITH THE USER



    Article 17.1. With the filling of the information and coordinates for contact, the User gives his explicit consent for the use of the Provider of all technical devices for communication with the Client, for which the User has indicated coordinates for contact.

    17.2. The provision of information and coordinates for contact by the Client does not oblige the Provider to realize contact with the User.

    17.3. The language of these Terms and Conditions and for communication with the User is English.

    XVIII. INFORMATION AND CONSENT



    Article 18.1. The User declares that it has been given the information and is familiar with:

    a) the name and address, as well as all other information for identifying the Provider;

    b) all characteristics of the products and services, provided by the Provider;

    c) the price of the products and services with all taxes and costs included, as well as the quantity of the ordered products;

    d) the requirements for payment and the provision of the services;

    e) the right of the User to decline the services;

    f) the period during which the price of the services if valid;

    g) the terms of use of the services;

    h) the terms and expiration date of the guarantee;

    i) contact information for the Provider, including through telephone and e-mail;

    j) the technical steps for the conclusion of the contract and their legal value;

    k) the technical means for determination and redress of errors at the entering of information before the declaration for conclusion of the Contract is made.

    18.2. The User agrees for the conclusion of the contract from distance, as well as for advance and prior payments of the delivered Products.

    XIХ. ANNOUNCEMETS



    20. All announcements shall be made on the contact addresses declared on a visible place on address http://www.superhosting.bg/web-hosting-page-contact.php respectively via e-mail and the contact address of the User.

    XX. INFORMATION FOR VISITORS



    Article 20.1. All Visitors of the platform shall be obliged to comply with the present Terms and Conditions in their part regarding the copyrights and other rights of the Provider, as well as to restrain from any actions that might damage the rights and legal interests of the Provider. Such actions are: publications of materials containing viruses or other programs that aim to destroy or harm the platform or other system, as well as materials with forbidden, indecent, false, threatening or malicious content for the Provider or a third party. The Provider reserves the right to remove and/or edit such materials.

    20.2. The Provider only supports the platform Shopiko and does not sell the Products to the Users. The Provider does not bear responsibility for damages incurred by the improper behavior of Users of the Online shop or by third parties; for the quality, the delivery and other conditions for the purchase of the Products by the Users; for violation of copyrights and other rights of third parties by the Clients; for damages incurred by lack of or interruption of the accessibility to the platform Shopiko, for reasons beyond the Provider’s control.

    ХХI. TERMINATION



    Article 21.1. The Contract for provision of the Service under these Terms and Condition terminates:
    • with the expiration of the term of the Contract, according to the chosen by the User subscription plan;
    • with termination and declaration of liquidation or declaration of inconsistency of one of the parties to the Contract;
    • by mutual consent of the parties in written form;
    • in case of objective inability of one of the parties to the Contract to perform its obligations;
    • in case of expropriation or sealing of the equipment by the state authorities;
    • in the cases explicitly indicated in these Terms and Conditions;


    21.2. The Provider is entitled by his sole discretion to send a notice and without owing compensation to unilaterally terminate the Contract, in case he finds out that the provided services are being used in violation of these Terms and Conditions, the Policies established by the Provider, the legislation of the Republic of Bulgaria, the common moral norms or the common rules for use of the service "Online shop" or the service "E-mail".

    ХХII. LIABILITY



    Article 22.1. In case the User terminates the Contract before the expiration of the term of the Contract concluded under these Terms and Conditions, the User owes to the Provider compensation equal to the due payment for the complete period of the Contract.

    22.2. If the Provider has received the full price for the complete period of the Contract, the remuneration paid by the User shall be considered a compensation of the Provider for the preliminary termination of the contract.

    22.3. In case the Contract concluded pursuant to these Terms and Conditions is unilaterally terminated by the Provider as a result of the culpable non-fulfillment of obligations by the User, the latter owes to the Provider compensation equal to the due payment for the rest of the Contract period.

    22.4. In case of culpable non-fulfillment of obligations by the User for provision of the Service, the Provider is entitled to a compensation amounting to the due remuneration for the rest of the Contract period.

    22.5. In case of a complaint by a third party for use of the service in violation of the legislation, the common principles of morality or the provisions of these Terms and Conditions, the parties agree that the Provider has the right to temporarily restrict the provision of the service or the access to the information of the User until the case in solved.

    22.6. The User shall be obliged to compensate the Provider in case of court claims and other claims of third parties (regardless of their validity) for all damages and expenses (lawyer fee and court taxes included) that result from or are related to (1) non-fulfilment of any of the obligations according to this Contract, (2) violation of copyrights, rights of the producer, rights of broadcasting or other rights of intellectual property and (3) unlawful transfer to other persons of the rights given to the User for the term and under the conditions of the Contract.

    22.7. The Provider shall not be liable in cases of inability to provide connection or functioning of the technical equipment for a certain amount of time due to force majeure, chance event, issues in the Internet, technical or other objective reasons, including rulings of the competent state authorities.

    22.8. The Provider shall not be liable for damages caused by the User to third parties.

    22.9. The Provider shall not be liable for the material and non-material damages, consisting of lost profits or suffered damages, incurred by the User in the process of usage or non-usage of the Service.

    22.10. The Provider shall not be liable in case the security measures of the technical equipment through which the Service is being provided, have been overcome and this results in loss of information, distribution of information, restriction of the access to information, changes in the information published on the websites of the User and other similar consequences.

    22.11. The Provider shall not bear responsibility in case of provision of access to information, loss or change of data and parameters of the Service, occurred as a result of false legitimation of a third person that presents himself as the User, if from the circumstances can be concluded that this person is the User.

    22.12. The Provider shall not be liable for the non-fulfillment, fully or partially, of the obligations and commitments in case of force majeure.

    22.13. The Provider shall not be liable for damages, lost profits, expenses, claims and other responsibilities to the Users or to the end users, if they occurred as a result of non-compliance to these Terms and Conditions and the Policies of Shopiko, the Terms and Conditions of the relevant Online shop or the active legislation by the User or the end user.

    22.14. The User shall agree that in all cases the liability of the Provider shall not exceed the amount of a three month subscription according to the subscription plan, chosen by the User.

    ХХIII. AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS



    Article 23.1. These Terms and Conditions can be amended by the Provider, for which the latter shall inform in a suitable manner all Users of the Service.

    23.2. The Provider and the User shall agree that every supplement and amendment of these Terms and Conditions shall have effect to the User after an express notification by the Provider and if the User does not declare within 14 day their rejection.

    23.3. The User agrees that all statements of the Provider in connection with the amendment of these Terms and Conditions shall be sent to the e-mail address, indicated by the User during the registration for the use of the Service. The User of the Service agrees that the e-mails sent according to this Article need not be signed with digital signature in order to have effect towards him.

    23.4. The Provider publishes these Terms and Conditions on address http://www.superhosting.bg/web-hosting-page-terms-and-agreements.php#shopiko, along with all amendments and supplements therein.

    XХV. OTHER PROVISIONS



    Article 24.1. The User and the Provider shall be obliged to mutually protect their rights and legal interests, as well as to keep their commercial secrets, that became known in the process of execution of the Contract and these Terms and Conditions.

    24.2. The User and the Provider shall be obliged during and after the expiration of the Contract not to make publicly known any written or oral correspondence between them. For publicly known can be considered the correspondence published in print or electronic media, Internet forums, private or public websites, etc.

    24.3. In case of controversy between these Terms and Conditions in a specific Contract between the Provider and the User, the provisions of the specific Contract shall prevail.

    24.4. The possible invalidity of any of the provisions of these Terms and Conditions shall not lead to invalidity of the whole Contract.

    24.5. All disputes raised by or related to these Terms and Conditions, that cannot be settled in a friendly manner by the Provider and the User through negotiations, shall be referred for resolution to the Arbitration Court with the Bulgarian chamber of Commerce and Industry, pursuant to its Rules for cases, grounded on arbitration agreements, and the applicable law shall be the Bulgarian legislation.

    24.6. For all issues not specified in this Contract related to the implementation and interpretation of these Terms and Conditions, the legislation of the Republic of Bulgaria and the Policies of the Provider shall be applicable.

    Article 25. These Terms and Conditions enter into force for all Users on May 01, 2014.

    Article 26. The Policies for use of the Services "Online shop" and "E-mail" are announced on address: http://www.superhosting.bg/web-hosting-page-terms-and-agreements-politics.php
    Article 1. The current General Terms and Conditions are meant to regulate the relations between SuperHosting.BG Ltd, Sofia, Dstr. Iztok, Blvd. Dr. G.M. Dimitrov 36, UIN 131449987, and the Visitors of the site www.superhosting.bg, the blog available at http://blog.superhosting.bg/en/ and the help page available at http://help.superhosting.bg/en/ (hereinafter referred as the Pages).

    Article 2. The Pages of SuperHosting.BG provide to the Visitors information from variety of topics from the area of the information technologies, the usage of hosting and cloud services, registration and management of domain names, technical assistance and other topics related to the commercial activity of SuperHosting.BG.

    Article 3. (1) All the publications on the Pages are exclusive intellectual property of SuperHosting.BG and may not be used by any means without the prior written consent of SuperHosting.BG, including may not be copied in the blogs of third parties or sites for technical support.

    (2) The images in the Pages of SuperHosting.BG and the other visual elements, representing intellectual property of SuperHosting.BG may not be used or reproduced by any means by third parties without the prior written consent of SuperHosting.BG.

    Article 4. (1) SuperHosting.BG does not allow the usage by any means the content of the Pages by visualization of all or part of the materials, published therein by designated space or framing in other site.

    (2) Deep-linking to the materials in the Pages from other sites shall be permissible, provided that with the linking and the method for representation of the link the Visitors are not misled and provided that the good behavior has not been violated.

    Article 5. SuperHosting.BG provides access to the content of the Pages in compliance with the common commercial practice.

    Article. 6. (1) SuperHosting.BG shall undertake measures for protection of the personal data of the Visitors pursuant to the Personal Data Protection Act and the Privacy Policy published at the website of SuperHosting.BG.

    (2) SuperHosting.BG does not send passwords or other identification information and does not require registration for use of the Pages by the Visitors.

    Article 7. (1) The current general terms and conditions may be amended by SuperHosting.BG for which the latter shall notify for appropriate means all the Visitors of the Pages.

    (2) The amendments to these general terms and conditions shall have effect for all Visitors of the Pages as of the moment of their announcement by SuperHosting.BG.

    Article 8. SuperHosting.BG may upon its own decision, without prior notification and without payment of any compensation terminate or restrict the access to the Pages or part of it for Visitors who are using it in violation of the current general terms and conditions, the applicable law in the Republic of Bulgaria, the generally accepted ethic rules or in case of violation of the intellectual property rights of SuperHosting.BG.

    Article 9. (1) SuperHosting.BG shall provide access to the content of the Pages as is and shall not guarantee that the guidelines in the material in the Pages lead to the results aimed by the Visitors.

    (2) SuperHosting.BG shall not be liable for any damages or lost profit due to execution by the Visitors of advices or guidelines containing in the published on the Pages materials.

    (3) SuperHosting.BG shall not be liable for damages incurred by the Visitors to third parties resulting from the usage of the Pages and the materials contained therein.

    Article 10. The Visitors of the Pages shall be obliged to comply with the ethic norms and shall not harm the reputation of SuperHosting.BG in the course of the usage of the Pages and the materials contained therein.

    Article 11. The commercial and civil legislation of the Republic of Bulgaria shall apply to any matter not settled in this agreement and related to its execution and interpretation.

    Article 12. The current General Terms and Conditions shall take effect as regards all Visitors of the Pages as of June 01, 2015.
     
    Article 1. By the current Policy SuperHosting.BG LTD regulated the procedure which should be applied to the User of the Services and disputes between the Users and between the Users and Third Parties.

    Article 2. A User, another user of the service or any third party which claims infringement of its rights from the use of the services shall be entitled to initiate procedure for dispute resolution pursuant to these policies.

    Article 3. SuperHosting.BG LTD shall have the right to impose fees for dispute settlement to third parties or the Users, which initiate procedure pursuant to these policies.

    Article 4. Following the receipt of the complaint by initiator of the procedure, SuperHosting.BG LTD shall notify the opposing party and shall provide a right of answer to the statements in the complaint.

    Article 5. (1) Based on the complaint and the receipt of the answer pursuant to Article 4, SuperHosting.BG LTD shall be entitled to issue a decision on the dispute which shall be obligatory for the initiator and the User of the service.

    (2) For the dispute resolution pursuant to Article 1, SuperHosting.BG LTD shall be entitled to establish committees by various experts.

    (3) SuperHosting.BG LTD shall not bear any liability for the decision issued pursuant to para 1 for resolution of the dispute between the disputing parties and the latter have granted voluntary its consent SuperHosting.BG LTD to resolve the dispute by its own discretion.

    Article 6. These Policies for dispute resolution shall enter into force as of August, 23, 2016 and may be amended unilaterally by SuperHosting.BG LTD.
     
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