Terms of Service

22 January 2017

І. General

1. By using CyberHour’s (“CyberHour Ltd.”, “CyberHour.com“, “Provider”, “we”, “us” or “our”) product and services you (“you”, “your”, “Client” or “Customer”) agree to comply with our policies. We reserve all rights to edit our policies in any time. All changes are published on this web address. If you are aware of or believe that a violation of this AUP has occurred, please report the violation to us at [email protected]

2.1. You may use any of our services, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Bulgaria. In order to access any services, you are required to provide current and accurate identification, contact, and other details as part of the registration process.

2.1.1. You are responsible for maintaining the confidentiality and accuracy of your account information, and you are responsible for all activities that occur under your account. You are solely responsible for all content on your account. You agree not to store any data or software, on the disk or memory, which contains material, which is against any Bulgarian law. We reserve the right to remove one or more pages and information which we believe is unlawful.

2.1.2. The Provider reserves all rights to suspend immediately or preventive all services which are in violation of any laws or agreements made between the Provider and the Customer.

2.2. You agree to immediately notify CyberHour.com of any unauthorized use of your account or any other breach of security. CyberHour.com will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.

2.3. We will not be held responsible for any data loss under no circumstances, including hardware failure or accidental deletion. We do not make any backups of the services with the exception of paid backups.

3. CyberHour.com provides services, specifications of which are described in hosting packages on the web site of the Provider.

3.1. We reserve all rights to refuse or terminate services for any reason and in any time without a notice. In the case of a termination, the Provider may not provide access to the VPS or the data stored in it. In case of a registration with false personal data or discrepancy between the registered person and the person which paid the service will result in a refuse of service and full refund, except money transfer taxes if there are any.

3.2. When the Customer violates the Terms of Service, the Provider will terminate all services and may not issue any refund or provide any data and files stored on the service.

3.3. The Provider reserves the right to suspend temporarily the Customer’s VPS, which is under a DDoS attack (unless the Customer has paid for a DDoS protection). In case of frequent and extended attacks, the Provider may terminate permanently the account. The Customer can have a paid option for DDoS proteciton, which will filter 90% of all known attacks.

3.4. The Provider will not be held responsible for any Force majeure events or accidents. This includes DDoS attacks or other crimes which affects directly the service as well as any court orders or interferience by third parties.

3.5. If the service is disrupted by the Provider’s fault, the Customer may receive a refund of the remaining period of the services from the moment the service is disrupted.

4.1. For the services described in 3. the Customer has to make a payment in an amount and term described by the Provider accourding to the chosen by the Customer hosting package.

4.2. In case of failure of the obligations agreed in this document by the Customer, he/she due the Provider a compensation for all direct Provider’s loss, which are caused by this failure.

4.3. In case the Customer would like to terminate his/her services, the Provider will issue a refund unless 3 days have passed after the activation of the service and this is the first service the Customer ordered. For other cases the decision is under the Provider’s discretion.

4.4. If you issue a dispute for a payment, we may suspend your service and issue no refund. Please open a ticket first to avoid refusal of refunding.

4.5. All refunds are made within 30 days using the same payment network the Customer has used.

4.6. The Provider keeps an archive of the services for at least 14 days after expiration but is not obligated to keep any data after service suspension.

5. You may not register more than once on our website. Multiple accounts will be terminated or merged. There is a merge tax of €5.

6. The Customer is responsible for keeping backups and security up to date to prevent data loss or service discruption due to security holes in the VPS.

7. The Provider will not be held responsible for any actions made by the Customer.

8. When there is less than 99.9% UPTIME by the Provider’s fault, the Client can be compensated for 50% of the payment for the current month, unless in event of a maintenance. To request a compensation, the Customer has to open a ticket or write to [email protected] and not open a dispute.

8.1. The provider will perform a maintenance to ensure the quality of the services.

8.2. All maintenance events cannot occur more than once a month and each event cannot result in more than 2 hours of downtime. For all maintenance events, the provider will post a tweet 7 days in advance.

II. Acceptable Use Policy

1. Our services can be used only for lawful purposes. All kind of transfer, storage or linking to data which is in a violation of one or more Bulgarian law(s) is strictly prohibited.

This includes but is not limited to:

1.1. Information or software which is in violation of any copyright laws.

1.2. Information or software which prejudice the dignity of other citizens or contains any racial, sexual or religious discrimination.

1.3. Information or software which present a danger to the community or any other that compromises privacy or privacy protection laws of other citizens.

1.4. Information or any data or software which are against commonly accepted ethical standards or Bulgarian laws.

2. We strictly prohibit:

2.1. Mass sending of advertising or commercial unwanted emails. If the IP address(es) enter a blacklist or there is mass mailing (at rate more than 500 000 emails per hour) we will block 25 port or suspend the service.

2.2. Forging and spoofing of email headers.

2.3. Running a server/daemon which has the ability to send anonimous unwanted emails.

2.4. All kind of spam files, material or services related to spam.

2.5. Usage of BitTorrent protocol, coin mining or similar software that consumes more IO or CPU than we consider a normal server usage.

2.6. Usage of malicious software, which includes but is not limited to: viruses, worms, trojan horses, phishing site or software, hacks or cracks and others.

2.7. Disruptive or distructive behaviour, which includes but is not limited to: cyber or network attacks, taking advantage of exploits or backdoors, any kind of security breach, scanning network ports or systems, scanning other systems’ security, spoofing of TCP/UDP package headers, DoS attacks and all kind of intercepting, reading or accessing any data which is not meant to be accessed by you.

2.8. Running bot nets or xDCC and IRC spam.

3. The following use is allowed but we reserve the right to terminate the Customer’s services in some cases of abuse:

3.1. Internet Relay Chat (IRC), if being used for unlawful purposes.

3.2. Proxy servers or reverse proxy, if being used for unlawful purposes.

3.3. Tor if used for illegal activities or content.

4. All kind of disruptive resource usage is forbidden:

4.1. All activity, intentional or not, which consumes enough resources so that it will affect the other Customers’ services or the hardware node.

4.2. All kind of software or activity, which is considered abuse of resources and is normally not suitable for a VPS service.

4.3. All kind of software or activity, which uses more than 25 IOPS or 10 MB/s IO for an extended period of time.

4.4. All kind of disruptive network usage.

4.5. In the first case of violation of 4.1., 4.2., 4.3 and 4.4. you will be notified by email and you will have to fix the problem within at least 24 hours. If this happens again we may reboot or stop the VPS. If the terms are violated for the third time, we may suspend the service for 24 hours or more.

4.6. The monthly bandwidth traffic is unlimited for the Bulgarian Peering, but the Provider reserves the right to limit the traffic if it is abused. For the international traffic there is a recommended limit on each VPS plan and speed limitations may apply if exceeded.

4.7. The Provider reserves the right to terminate the service, which uses resources many times more than the average usage of the other Customers.

5. The violation of one or more of the terms of the Acceptable Use Policy may result in termination of the service without any issue of refund or prior notice.

III. Support

1. The VPS services are unmanaged.

2. We offer free support which includes:

2.1. First time installation of OS, applications and software, network and basic system or software configuration.

2.2. Monitoring and support of the network and infrastructure.

2.3. Monitoring and support of the hardware nodes.

2.4. Support for the Customer Portal and payment services.

IV. Other

1. Part of this document is also the Privacy Policy.

2. These terms, all information in this website as well as any pricings are subject to change at any time and without a notification or prior notice.