Shared Hosting Policy

General Terms and Conditions for the “Shared Hosting” Service

 

I. SUBJECT MATTER
Art. 1. These General Terms and Conditions are intended to regulate the relationship between “Evhod” Ltd., Sofia, Obelya 1 residential district, building 108, entrance B, apartment 34, UIC 175106958, hereinafter referred to as the PROVIDER, and the users, hereinafter referred to as USERS, of the shared hosting service provided by the Provider, hereinafter referred to as the Service.

II. PROVIDER INFORMATION
Art. 2. Information in accordance with the Electronic Commerce Act and the Consumer Protection Act:

Provider: “Evhod” Ltd.;
Management address: Sofia, Obelya 1 residential district, bl. 108, ent. B, apt. 34;
Business address: Sofia, 50 Ekzarh Stefan Str.;
Correspondence details: Sofia, Obelya 1 residential district, bl. 108, ent. B, apt. 34;
email: contact[at]evhod.com;
tel: +359 878 536 592;
VAT number: BG175106958;

III. SERVICE CHARACTERISTICS
Art. 3. The Service provided by the Provider to the User includes the following:

Provision of storage space and resources on the Provider’s server, on which the User is entitled to publish and share information with third parties over the Internet;
Provision of access to an administrative control panel for publishing, managing, and administering the information shared on the allocated space and server resources;
Provision of the ability to use email services;
Provision of the Service in accordance with the current subscription plan and its parameters;
Provision of technical support for the Service, including sending email notifications about changes to the Service, suggestions for improving the Service, adding new features, or upgrading to a higher-tier plan.

Art. 4.

(1) The Provider provides, and the Users use, the Service in accordance with the parameters of the subscription plan selected by the User, as current at the relevant time during the performance of the contract.
(2) The Provider provides the Service within the bounds of good-faith, reasonable, and industry-accepted usage. The Provider publishes a non-exhaustive list of examples of bad-faith usage and the technical and software limitations of the Service in the Policies.
(3) In the event that a deviation from usage as described in paragraph 2 is established, the Provider has the right to temporarily or permanently restrict or terminate the provision of the Service.
(4) If the User qualifies as a consumer within the meaning of the Consumer Protection Act, the Provider provides only the Service under the subscription plan directed at consumers. If this is not explicitly stated in the subscription plan, it is assumed that the most restricted and basic subscription plan with the lowest price is directed solely at consumers within the meaning of the Consumer Protection Act.
(5) Users of the Service are exclusively natural and legal persons who enter into a contract with the Provider and wish to use the Service. Users may only be adult and legally capable natural persons or legal persons represented by their legal representatives or duly authorised individuals. Natural persons who are Users use the services for the following purposes:

For personal purposes under the basic (lowest in specifications and price) subscription plan for the Service, if they qualify as consumers within the meaning of the Consumer Protection Act.
For their commercial, professional, and business activities, and declare that they are not consumers within the meaning of the Consumer Protection Act.

(6) The owner of the account for using the Service is considered to be the legal entity that made the first payment for the Service and for which an invoice was issued for that payment, or the contact natural person indicated in the created user profile. Third parties may pay the subscription plan fee on behalf of the User without becoming a party to the contract and without becoming the owner of the account for using the Service.

IV. SERVICE PRICE
Art. 5.

(1) The Provider provides the Service in exchange for a fee payable by the User in accordance with the subscription plan selected by the User.
(2) Information about the various subscription plans is available at: https://evhod.com/hosting/
Art. 6.

(1) The User pays the price of the Service at the beginning of each subscription period.
(2) The Provider confirms receipt of payment by activating the Service.
(3) The User has the right, within 7 calendar days, to withdraw from the use of the Service and to terminate the contract without notice and without stating a reason.
(4) In the cases referred to in paragraph 3, the Provider refunds the User the full amount paid for the Service.
(5) In the cases referred to in paragraph 3, amounts paid for services that are performed on a one-time basis by the Provider and have already been performed are not subject to refund. Such services include: domain registration, website registration with popular portals and search engines, website development, system administration, and similar.
(6) In the cases referred to in paragraph 3, the Provider has the right to deduct from the refund amount the value of all fees and commissions paid by the Provider that are directly related to the provision of the Service to the User and the return of the amount paid by the User.
(7) In the cases referred to in paragraph 3, where the User has received in any form an additional benefit that involves material or non-material costs on the part of the Provider, the Provider has the right, when refunding the amount to the User, to deduct the cost of that benefit from the amount to be refunded, as well as the cost of all expenses incurred in connection with the provision of the Service that are not included in the description of the Service. Additional benefits include gifts under current promotions, additional free services provided as a bundle, promotional advertising credits, cash bonuses, and similar.

V. PROVISION OF THE SERVICE
Art. 7.

(1) To use the Service, the User must enter the generated remote access password.
(2) The remote access password is generated by the Provider during the creation of the User’s profile for use of the Service.
(3) By filling in their details and clicking the button to submit a request or to agree to the general terms and conditions, the User declares that they are familiar with these General Terms and Conditions, agree to their content, and unconditionally undertake to comply with them.
(4) By performing the actions described in paragraph 3, the Provider creates a User profile and a contractual relationship is established between the User and the Provider.
(5) The Provider confirms the User’s request by sending an email to the address specified by the User, which also contains the data for activating the profile for use of the Service.
(6) When submitting a request, the User undertakes to provide accurate and up-to-date information and to declare truthful circumstances. The User undertakes to promptly update the information provided during registration whenever changes occur.
Art. 8.

(1) The Provider grants the User access to an administrative control panel for remote use of the Service.
(2) The User is entitled to manage the Service exclusively through the administrative panel provided by the Provider, by authenticating with a username and password.
(3) The User is entitled to remote access only to the storage space and server resources allocated to them by the Provider.
Art. 9.

(1) The User is entitled to share information through the storage space and server resources provided by the Provider with Internet connectivity, in accordance with the parameters of the current subscription plan for the Service.
(2) The Provider ensures server connectivity to the Internet and the proper functioning of the technical equipment, within the bounds of the current subscription plan for the Service.
(3) The User is entitled to store information in the allocated space and to use the Provider’s server resources through specialised software, only insofar as this does not compromise the operation and security of the server or violate these General Terms and Conditions.
Art. 10.

(1) The Provider grants the User the ability to use email services in accordance with the parameters of the current subscription plan.
(2) The User may use email services within the parameters of the current subscription plan.
Art. 11.

(1) The User is entitled to use the Service in good faith, for its intended purpose, in accordance with these General Terms and Conditions and within the bounds of the current subscription plan.
(2) When using the Service, the User must not use software, scripts, programming languages, or other technologies that could create difficulties in the use of the Service by other users.
(3) The User employs technologies and designs their websites in a manner that complies with contemporary requirements for security, functionality, restrictions on subletting hosting resources to third parties, and efficiency. Websites created by the User through the Service must not generate server load exceeding the normal and industry-accepted consumption of the “Shared Hosting” service under the current subscription plan.
(4) The User is not permitted to use the Service to create and operate Internet gambling services. An Internet gambling service within the meaning of this article does not include the organisation of promotions, quizzes, and other similar activities.
(5) The User is not permitted to use the Service to create proxy servers or to run resident programs.
(6) The User undertakes not to use the Service for the following:

Publishing, distributing, or making available in any manner data, including personal data, messages, text, computer files, or other materials that are contrary to Bulgarian legislation, applicable foreign laws, these Terms and Conditions, Internet ethics, or public morality, and that infringe the rights of third parties, including:

Copyright or related rights, trademarks, patents, or other intellectual property rights, property rights, or any other proprietary or non-proprietary rights or legitimate interests of third parties;
Information constituting trade, professional, or personal secrets or other confidential information.

Publishing, distributing, or making available software or other computer files containing viruses or other malicious programs or components thereof.
Publishing or transferring pornographic or illegal materials.
Publishing data, messages, text, computer files, or other materials containing threats to human life or physical integrity, promoting discrimination, terrorism, or fascist, racist, or other undemocratic ideologies, whose content violates human rights or freedoms under the Constitution and laws of the Republic of Bulgaria or international instruments, or that incite violent change of the constitutionally established order, commission of crimes, etc.
Subletting or reselling all or part of the Service or the server resources to third parties, including through the function of adding domains as additional domains.

(7) The User agrees not to use the Service to send unsolicited email — “SPAM”. Violation of this requirement is grounds for temporary suspension of the Service, of which the Provider will notify the User. In the event of a repeat violation, the Provider has the right to unilaterally terminate the provision of the Service without prior notice.
Art. 12.

(1) The User undertakes not to use the Service to provide hosting services to third parties or to resell server resources for hosting purposes, including through the use of the add-on domains function under an existing hosting plan. The User is entitled to use the Service to provide hosting services to companies in which they hold a direct equity interest or of which they are the legal representative.
(2) The Provider has the right to conduct ongoing checks for compliance with the requirement in paragraph 1 and, at its own discretion, to unilaterally and without notice take appropriate measures to remedy any violation, including by changing the User’s subscription plan, restricting or terminating the provision of the Service, or separating websites into independent accounts.
Art. 13.

(1) The User independently provides the equipment required for accessing and managing the Service.
(2) The Provider’s hosting services do not include the provision of a domain name under the current subscription plan, unless the relevant hosting service expressly provides for the provision of a free domain name.
Art. 14.

(1) In order to improve the quality of the Service, perform maintenance, remedy faults, and carry out other related activities, the Provider has the right to temporarily restrict or suspend the provision of the Service.
(2) In the cases referred to in paragraph 1, the Provider is obliged to promptly restore the provision of the Service once the circumstance causing the suspension has ceased.
Art. 15. The Provider provides technical support to Users of the Service in accordance with the current subscription plan.
Art. 16.

(1) The Provider takes measures to protect the personal data of the User in accordance with the Personal Data Protection Act (Privacy Declaration).
(2) For reasons of personal data security, the Provider will send data only to the email address provided by the User at the time of registration.
Art. 17.

(1) At any time before, during, or after the provision of the Service, the Provider has the right to require the User to identify themselves and to verify the accuracy of any of the circumstances and personal data declared at the time of registration.
(2) In the event that the User has for any reason forgotten or lost their username and password, the Provider has the right to apply the published “Procedure for Lost or Forgotten Usernames and Passwords”, available at: https://evhod.com/hosting-policy#lost_info/

VI. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 18.

(1) These General Terms and Conditions may be amended by the Provider, who will notify all Users of the Service in an appropriate manner.
(2) The Provider and the User agree that any additions or amendments to these General Terms and Conditions will take effect with respect to the User after explicit notification by the Provider, provided that the User does not declare within 7 days that they reject the changes.
(3) The User agrees that all statements by the Provider in connection with amendments to these General Terms and Conditions will be sent to the email address provided by the User upon registration for the Service. The User agrees that emails sent in accordance with this article do not need to be signed with an electronic signature in order to have effect with respect to them.
(4) In the event of the expiry of an active subscription plan for the Service, the act of payment by the User for the next period is considered as renewal of the contract under the current General Terms and Conditions for the Service.
Art. 19. The Provider publishes these General Terms and Conditions at: https://evhod.com/hosting-policy/

VII. TERMINATION
Art. 20. The contract for the provision of the Service is terminated:

Upon expiry of the contract term in accordance with the subscription period selected by the User;
Upon dissolution and entry into liquidation or declaration of insolvency of one of the parties to the contract;
By mutual written agreement of the parties;
In the event of objective inability of either party to fulfil their obligations under the contract;
In the event of seizure or sealing of equipment by state authorities;
In the cases referred to in Art. 11, paragraph 6 of these General Terms and Conditions, by unilateral declaration by the Provider, including electronically.

Art. 21. The Provider has the right, at its sole discretion, without issuing prior notice and without owing compensation, to unilaterally terminate the contract if it establishes that the services provided are being used in violation of these General Terms and Conditions, the Policies adopted by the Provider, the legislation of the Republic of Bulgaria, generally accepted moral standards, or generally accepted rules for the use of the “Shared Hosting” service.

VIII. LIABILITY
Art. 22.

(1) In the event that the User terminates this contract early, the User owes the Provider a penalty equal to the fee due for the remaining period of the contract.
(2) If the Provider has received the full amount for the term of the contract, the fee paid by the User is considered compensation to the Provider for early termination of the contract.
(3) In the event that this contract is unilaterally terminated by the Provider due to culpable non-performance by the User, the User owes the Provider a penalty equal to the fee due for the remaining period of the contract.
Art. 23. In the event of culpable non-performance by the User of their obligations in relation to the provision of the Service, the Provider is entitled to a penalty equal to the fee due for the remaining period of the contract.
Art. 24. In the event of a complaint from a third party regarding 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 has the right to temporarily restrict the provision of the Service or access to the User’s information until the matter has been clarified.
Art. 25. The User undertakes to indemnify and hold harmless the Provider against any judicial claims and other claims by third parties (whether well-founded or not), for all damages and costs (including attorney’s fees and court costs) arising from or in connection with:
(1) non-performance of any obligation under this contract;
(2) infringement of copyright, producer’s rights, broadcasting rights, or other intellectual or industrial property rights; and
(3) the unlawful transfer to other persons of rights granted to the User under the terms and conditions of this contract.
Art. 26. The Provider bears no liability in the event of inability to provide connectivity or operation of the technical equipment for a given period of time due to force majeure, unforeseen events, Internet problems, technical or other objective reasons, including orders from competent state authorities.
Art. 27.

(1) The Provider bears no liability for damages caused by the User to third parties.
(2) The Provider bears no liability for proprietary or non-proprietary damages in the form of lost profits or suffered losses caused to the User in the course of using or not using the Service.
(3) The Provider bears no liability for the period during which the Service was not provided to the User on the grounds of Art. 24.
(4) The Provider bears no liability for damages to the User in the event of restriction of the Service or a change to another subscription plan due to violation of the requirement not to provide hosting and server resources to third parties.
Art. 28.

(1) The Provider bears no liability in cases where the security measures of the technical equipment through which the Service is provided are circumvented, resulting in loss of information, dissemination of information, access to information, restriction of access to information, modification of information published on the User’s websites, or other similar consequences.
(2) The Provider bears no liability in the event of provision of access to information, or loss or modification of data or Service parameters, resulting from false identification by a third party impersonating the User, if the circumstances reasonably suggest that the person in question is the User.
Personal Data Protection
Art. 28.

(1) The Provider takes measures to protect the personal data of the User in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR), and the Personal Data Protection Act.
(2) The Provider processes the personal data of Users on the basis of Art. 6(1)(b) of the GDPR — processing is necessary for the performance of a contract to which the data subject is a party.
(3) The Provider has published information regarding the personal data it processes, the purposes for which it is processed, and all other required information pursuant to Regulation (EU) 2016/679 in the Mandatory Information on Data Subjects’ Rights Regarding Personal Data Protection, available at: https://evhod.com/privacy-policy/ — which the User declares, by accepting these General Terms and Conditions, that they have read and agreed to.
(4) In providing the Service, the Provider acts solely on the instructions of the User and only to the extent that it may have control over the personal data processed by the User. The contract for use of the Service and the use of its features and capabilities, made available by the Provider as part of the Service, constitute the exhaustive and explicit instructions of the User to the obligated party (the service provider). Accordingly, the Provider (the service provider) has no control over the content and data that the User chooses to upload to the Service (including whether or not such data includes personal data). In that case, the Provider plays no role in deciding whether the User uses the Service to process personal data, for what purposes, or whether such data is adequately protected. The Provider’s liability is therefore limited to: (1) acting in accordance with the User’s instructions as set out in the service contract; and (2) providing information about the Service and its features through its interface. In the present case of hosting services provided by the Provider, the Provider has no control over and bears no liability for the personal data processed by the User of the Service.
(5) For reasons of personal data security, the Provider will send data only to the email address provided by the User at the time of registration.

IX. OTHER TERMS
Art. 29.

(1) The User and the Provider undertake to mutually protect each other’s rights and legitimate interests, and to keep confidential any trade secrets that come to their knowledge in the course of performing the contract and these General Terms and Conditions.
(2) The User and the Provider undertake, during and after the expiry of the contract period, not to make public any written or oral correspondence conducted between them. Making correspondence public includes publication in print or electronic media, Internet forums, personal or public websites, and similar channels.
Art. 30. In the event of a conflict between these General Terms and Conditions and the provisions of a specific contract between the Provider and the User, the clauses of the specific contract shall prevail.
Art. 31. The potential invalidity of any provision of these General Terms and Conditions shall not result in the invalidity of the contract as a whole.
Art. 32.

(1) The User has the right to refer any disputes with the Provider regarding the performance of this contract to the Online Dispute Resolution (ODR) platform for out-of-court settlement, available at: https://webgate.ec.europa.eu/odr/main/?event=main.home.show
(2) All disputes arising from or relating to these General Terms and Conditions that cannot be settled amicably between the Provider and the User through negotiation shall be resolved in accordance with the applicable legislation of the Republic of Bulgaria.
(3) The User accepts that in the event of a dispute between a third party and the Provider regarding the use of the Service, the Provider will apply its Dispute Resolution Policy (https://evhod.com/dispute-resolution-policy/) and the final decision will be binding on the User, the third party, and the Provider.
Art. 33. For matters not regulated by this contract that relate to its performance and interpretation, the laws of the Republic of Bulgaria and the Policies shall apply.
Art. 34. These General Terms and Conditions enter into force for all Users on 10 May 2018.
Art. 35. The Acceptable Use Policies for the “Shared Hosting” service are published at: https://evhod.com/hosting-policy/