Master Service Agreement
This Master Service Agreement shall constitute a binding contractual agreement between BELCLOUD LTD, a Corporation duly formed in the Republic of Bulgaria, ("BELCLOUD LTD"), and the subscriber of services ("Customer").
Both parties agree to be bound to the following agreements as found posted on the Host.ag web site in their current and revised form:
- Terms of Service (TOS)
- Acceptable Use Policy (AUP)
- Money-Back Guarantee Policy (MBGP)
- Service Layer Agreement (SLA)
- Copyright Infrigement Policy (CIP)
As applicable in a Month to Month agreement, both parties agree that BELCLOUD LTD reserves the right to supplement and/or amend, at any time, the terms and conditions of its TOS, AUP,SLA,MGBP, CIP and EPP. It is the Customer's responsibility to review BELCLOUD LTD policies on a frequent basis to ensure compliance because the Master Service Agreement in place during your most current month applies, not the MSA which was in place when you registered. Changes requested by Customer to any of these agreements or to the Master Service Agreement must be agreed to in writing by BELCLOUD LTD.
Both parties agree that notices and legal correspondence to BELCLOUD LTD shall be sent to:BELCLOUD LTD Cherni lom 10, floor 5, Sofia, 1233 , Bulgaria
Acceptable Use PolicyThis agreement is part of a Master Service Agreement (MSA) that governs the relationship between BELCLOUD LTD and its customers. All customers ordering and using BELCLOUD LTD services must agree to be bound by the MSA. The MSA can be found at: http://www.host.ag
This Acceptable Use Policy applies to all persons and entities (collectively, "customers") using the products and services of BELCLOUD LTD, LTD., ("BELCLOUD LTD") . The policy is designed to protect the security, integrity, reliability, and privacy of both the BELCLOUD LTD networks and the products and services BELCLOUD LTD offers to its customers. BELCLOUD LTD reserves the right to modify this policy at any time, effective immediately upon posting of the modification. Your use of BELCLOUD LTD's products and services constitutes your acceptance of the Acceptable Use Policy in effect at the time of your use. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the service, and you agree not to engage in any unacceptable use of the service. Unacceptable use includes, but is not limited to, any of the following:
- Posting, transmission, re-transmission, or storing material on or through any of BELCLOUD LTD products or services, if in the sole judgment of BELCLOUD LTD such posting, transmission, retransmission or storage is: (a) in violation of any law or regulation of the Republic of Bulgaria or any law or regulation of Bulgaria (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.
- Installation or distribution of "pirated" or other software products that are not appropriately licensed for use by customer.
- Deceptive marketing practices.
- Actions that restrict or inhibit anyone - whether a customer of BELCLOUD LTD or otherwise - in his or her use or enjoyment of BELCLOUD LTD products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.
- Introduction of malicious programs into the BELCLOUD LTD network or servers or other products and services of BELCLOUD LTD (e.g., viruses,trojan horses and worms).
- Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient, or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing and forged routing information.
- Executing any form of network monitoring that will intercept data not intended for the customer.
- Circumventing user authentication or security of any host, network or account.
- Storing or linking to any kind of pornography
- Interfering with or denying service to any user other than the customer's host (e.g., denial of service attack).
- Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user's terminal session.
- Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document "use" of BELCLOUD LTD's products or services.
- Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship (e.g., E-mail "spam"); or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.
- Harassment, whether through language, frequency, or size of messages.
- Unauthorized use or forging of mail header information.
- Solicitations of mail or any other E-mail address other than that of the poster's account or service, with the intent to harass or collect replies.
- Creating or forwarding "chain letters" or other "pyramid schemes" of any type.
- Use of unsolicited E-mail originating from within the BELCLOUD LTD network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by BELCLOUD LTD or connected via the BELCLOUD LTD network.
- No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.
- Sending more than 100 e-mails per hour or more than 800 e-mails per day shall be considered SPAM and the respective service shall be terminated.
- Websites offering or advertising unlicensed financial products including but not limited to Forex, credit/debit cards, investments, ICO or MLM.
Upon notification of the existence of an abusable resource (e.g., open news server, unsecured mail relay, or smurf amplifier), the customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after the customer has received such notification shall be considered a violation of this policy and enforced as such.Enforcement
BELCLOUD LTD may immediately suspend and/or terminate the customer's service for violation of any provision of this policy upon verbal or written notice, which notice may be provided by voicemail or Email. Prior to suspension or termination, BELCLOUD LTD attempts to work with our customers to cure violations of this policy and ensure that there is no re-occurrence; however, BELCLOUD LTD reserves the right to suspend or terminate based on a first offense.Terms of Service
This agreement is part of a Master Service Agreement (MSA) that governs the relationship between BELCLOUD LTD and its customers. All customers ordering and using BELCLOUD LTD services must agree to be bound by the MSA. The MSA can be found at: http://www.host.ag
- Term and Termination: Customer agrees to a month to month contract term for services unless otherwise agreed to in writing. The month to month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer. Please carefully review BELCLOUD LTD cancellation policy set forth in Paragraph 8 below. BELCLOUD LTD may terminate this Agreement upon non-payment as set forth in paragraph 10 below. At its sole discretion, BELCLOUD LTD may terminate this Agreement if Customer violates any terms and conditions of BELCLOUD LTD's AUP or this agreement.
- Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date ("Anniversary Billing Date") for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
- Upgrade Fees: Upgrades ordered on the Anniversary Billing Date will be billed for a full month service and will continue each month on the Anniversary Billing Date. Upgrades ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one-time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
- Additional Service Fees: Additional services ordered on the Anniversary Billing Date will be billed for the full month service and will continue each month on the Anniversary Billing Date. Additional services ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one-time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
- One Time Fees: One time fees, such as setup fees, administrative fees, and late fees are due and payable at the time they are incurred, and/or agreed upon in writing or via ticket. One time fees, such as bandwidth overages are due and payable upon an invoice following the billing cycle in which they are incurred, and are based on standard rates, or as otherwise agreed upon in writing or via ticket. The standard rate for bandwidth overages are: EUR 3 per TB Used.
- Taxes: Customers located in The Republic of Bulgaria are responsible for sales tax.
- Currency Value Changes: As a convenience to our customers, we provide all services to our customers priced in EUR. However, when providing services, BELCLOUD LTD's purchases several components from vendors (Bandwidth Connectivity, Collocation services, etc.) which are prices in alternate currencies than the EUR. As a result of this situation, BELCLOUD LTD reserves the right to raise or lower the monthly costs of services provided to our customers based on severe changes in the exchange rates between the EUR, and other major currencies (Such as the USD and CHF). BELCLOUD LTD will give the customer 30 days notice of the price change. In the event that the customer does not agree to the price change, the service will be cancelled at the next billing cycle.
- Service Credits: Service credits will be issued to your Customer account and shall be used to offset future billable services. Service credits shall not be issued as cash back to the Customer nor shall the service credits be transferable to other account holders. Service credits shall expire if Customer's account is fully terminated.
- Cancellation: BELCLOUD LTD requires a written cancellation notice via email to email@example.com, a minimum of 3 days prior to Anniversary Billing Date for discontinuance or downgrades of month to month services. Failure to supply the requisite 3 day written notice of cancellation will result in a full billable monthly cycle prior to cancellation. Any server cancellation prior to the minimum deadline will remain online until the automated process reclaims your server on the Anniversary Billing Date.
- Server Data:All Customer data remaining after the cancellation date will be destroyed for security and privacy reasons.
- Shared Web Hosting: This section refers to our shared web hosting products (cPanel Accounts). Customers may not:
- Use more than 25 percent of the system resources for longer than 90 seconds.
- Run any type of web spider or indexer
- Run any software that interfaces with IRC
- Run any bit torrent application
- Participate in any file sharing / peer to peer activities
- Run any gaming software
- Run CRON entries with intervals of 15 seconds or less
- Run any MYSQL queries lasting longer than 15 seconds
- Virtual Private Servers: This section refers to our virtual private servers products (VPS Servers). Customers may not:
- Maintain a container load average of 10 or above for a period of 30 minutes or longer.
- Run any "jail-breaking" software that circumvents the restrictions placed on the container by the parent node.
- Run any software that interfaces with IRC
- Run CRON entries with intervals of 15 seconds or less
- Run any MYSQL queries lasting longer than 15 seconds
- Non-Payment: All payments are due in full on the Anniversary Billing Date. Failure to remit payment for five (5) consecutive days, including the Anniversary Billing Date, shall result in a termination of access to Customer services. Failure to remit payment for services within (7)consecutive days, including the Anniversary Billing Date, shall result in complete termination and all services shall be reclaimed. A late fee of $25 may be incurred for failure to remit payment for services on or before the monthly Anniversary Billing Date.
- Data: BELCLOUD LTD agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership.
- Laws: BELCLOUD LTD is incorporated in the country of Bulgaria, and provides services from the country of Bulgaria. Customer agrees to abide by all laws pursuant to services delivered in The Republic of Bulgaria depending on the location that the service is delivered. Regardless of service location, this agreement is made under and will be construed in accordance with the laws of the Republic of Bulgaria without regard to conflict of the law principals. Exclusive venue and jurisdiction for any and all legal remedies arising out of or related to this agreement shall be in the Republic of Bulgaria. Each party irrevocably consents to the foregoing jurisdiction and venue requirements and waives any and all objections to such requirements.
- Indemnification: Customer agrees to indemnify and hold harmless BELCLOUD LTD, BELCLOUD LTD's affiliates, and its respective officers, directors, attorneys, agents and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines,punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney's fees) brought by a third party under any theory of legal liability arising out of related to customers content, illegal activity and/or actual or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.
- Limitation of Liability: BELCLOUD LTD shall not be liable to the customer for harm caused by or related to customer's services or inability to utilize the services unless caused by gross negligence or willful misconduct. BELCLOUD LTD shall not be liable to customer for lost profits, indirect, special or incidental consequential or punitive damages. Notwithstanding anything else in this agreement, the maximum aggregate liability of BELCLOUD LTD and any of its employees, agents or affiliates, under any theory of law shall not exceed the amount paid by the customer for hosting services for the three months prior to the occurrence of the event(s) giving rise to the claim.
- Legal Compliance: Customer further represents and warrants that he/she has full authority and power to execute this Agreement on behalf of the Company he/she represents, if any. Additionally, Customer warrants that he/she is at least 18 years of age or older and are not otherwise legally incapacitated to execute this Agreement.
- Electronic Signature: Acceptance by Customer of the Agreement incorporating the Terms of Service, Acceptable Use Policy, Service Level Agreement and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.
Money-back guarantee policy (MBGP)
You may request a refund within 3 days of purchase of a dedicated server. The refund will be issued for maximum 1 server per account.
NOTE: Refunds will be sent in the same method as the original payment. If the payment method does not support refunds or it is marked as non-refundable during the payment process, ex: paysafecard, bitcoin and any cryptocurrency, the refunds will be issued only as account credit.
Host.ag is not responsible for any additional charges that PayPal or any other payment processor may take.
Bandwidth usage is not refundable, if it's above 1TB and will be charged with 3 EUR per TB.
If abuse messages are received for the server, no refund will be issued.
Any service suspension for abuse or the breaking of this terms of service forfeits the refund policy for all the services in the account, including the unused account credit.
Refunds take up to 30 days to be completed.
Service Layer Agreement (SLA)99% Network Uptime
We guaranty that our datacenter network will be available 99% of the time in a given month, excluding scheduled maintenance. The datacenter network means the portion of the Host.AG network extending from the outbound port on your edge device to the outbound port of the datacenter border router and includes Host.AG managed switches, routers, cabling.Infrastructure
We guaranty that datacenter HVAC and power will be functioning 100% of the time in a given month, excluding scheduled maintenance. Infrastructure downtime exists when a particular server is shut down due to power or heat problems. For managed customers, the overall Managed SLA applies.Hardware
We guaranty the functioning of all server hardware components for servers provided by Host.AG and will replace any failed component at no cost. "Hardware" means the processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with the server. Hardware replacement will begin once we identify the cause of the problem. Hardware replacement is guaranteed to be complete within 24 hours of problem identification.Shared Bandwidth
The shared bandwidth package is to be used only for websites. It shall not be used for download websites, streaming or any kind of high-bandwidth services like p2p or filesharing. Upon abuse, we reserve the right to limit abusers to 100Mbps. The pakage is promotional and we reserve the right to discontinue without prior notification from new and existing orders.Credits If we fail to meet a guaranty stated above, you will be eligible for a credit. Credits will be calculated as a percentage of the fees for the server adversely affected by the failure for the current monthly billing period during which the failure occurred (to be applied at the end of the billing cycle), as follows:
- Host.ag offers 99% Network uptime SLA for all customers. Unscheduled network outages of any nature will make customers eligible for a service credit valued at 1 days of service for every 10 minutes of unscheduled network outage accrued during a calendar month. For all managed customers, the overall Managed SLA applies.
- Infrastructure: Unscheduled Infrastructure outages of any nature will make customers eligible for a service credit valued at 1 days of service for every 10 minutes of unscheduled network outage accrued during a calendar month. For managed customers, the overall Managed SLA applies.
- Host.ag Managed SLA Guaranty: Host.ag offers a 99.9% uptime guarantee on managed server solutions. A service will be generally available to the internet - Isolated ISP or transit outages are out of our control and not covered by this SLA. This SLA covers unscheduled maintenance windows within our networks and datacenter. Host.ag will credit 50% of your monthly fee if we are responsible for an outage resulting in an uptime less than 99.9% for a calendar month. Host.ag will credit 100% of your fee if we are responsible for an outage resulting in an uptime less than 99% for a calendar month.
Please note - Scheduled Maintenance Windows and H-Sphere Control Panel Service are exempt from any uptime SLA's as our control panel services are isolated from our other services and typically we will take the control panels offline while performing major system upgrades - however, other core services will not be affected and are still protected per our SLA above.Limitations
You are not entitled to a credit if you are in breach of your services agreement with The Host.ag (including your payment obligations to us) until you have cured the breach. You are not entitled to a credit if the downtime would not have occurred due to your actions or a breach of your agreement with Host.ag, your misuse/actions of the server systems whether on purpose or accidentally, or through an attack against your server. This Service Level Guaranty is your sole and exclusive remedy for your servers unavailability. Not withstanding anything in this Service Level Guaranty to the contrary, the maximum total credit for the monthly billing period, including all guaranties, shall not exceed 100% of your fee for a monthly billing period on a per server basis. Credits that would be available but for this limitation will not be carried forward to future billing periods.
This Service Level Guaranty is part of your Agreement with Host.ag, along Terms of Service and the AUP, and is subject to the terms and conditions stated in those documents. To receive an SLA credit, Host.ag customers must contact the billing department via the ticketing system. You must show that your use was adversely affected in some way as a result of the downtime to be eligible for the credit.
Copyright Infrigement Policy (CIP)Notice And Procedure For Making Claims Of Copyright Infringement
Host.ag customers are required to respect the legal protection provided by copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide to the Host.ag copyright agent the information listed below. This procedure is exclusively for notifying Host.AG that your copyrighted material has been infringed:
- An electronic or physical signature of the person legally authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim infringes your copyright is located on the site.
- Your address, telephone number and e-mail address.
- A statement by you that you have good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or legally authorized to act on behalf of the copyright owner.
A notification of claimed copyright infringement must be provided in by email to abuse[at]host[dot]ag
Upon receipt of notification of claimed copyright infringement, Host.AG will act in accordance to the Bulgaria laws.
If Host.ag is notified of a credible claim of copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is potentially infringing. Repeat Infringers
Under appropriate circumstances, Host.AG may, in its discretion, terminate the accounts of customers who are repeat infringers. Accommodation Of Standard Technical Measures
It is Host.ag's policy to accommodate and not interfere with standard technical measures, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works, and (1) have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process; (2) are available to any person on reasonable and nondiscriminatory terms; and (3) do not impose substantial costs on us or place substantial burdens on our systems or networks.