Effective as of May 25, 2018, the following Customer Terms of Service Agreement replace any previously applicable agreements.
If you have any questions regarding this Terms of Service, contact legal@cyberhour.com.
Introductory Terms.
The parties involved in this Agreement are defined as follows:
- CYBER HOUR Ltd. ("CYBER HOUR", "we", "us" or "our") operates www.cyberhour.com (the "Website"), providing hosting services. CYBER HOUR Ltd is a registered legal entity in the Republic of Bulgaria with UIC 203144520 and address: Blvd. Bulgaria 58, ent. C, fl. 4, office 15; Sofia 1680, Bulgaria.
- You, the Client - As our client and the user of the Website and CYBER HOUR Services, this Agreement will refer to you through any second-person pronouns, such as "Your," "Yours," etc., and the terms "Customer," "user," "sub-user," etc.
The following terms and conditions of service (collectively, with the Privacy Policy, located at https://www.cyberhour.com/privacy and the Data Processing Agreement (“DPA”) under the European General Data Protection Regulation (GDPR) located at https://www.cyberhour.com/dpa), "Terms of Service" or "Agreement") govern your use of the Website and the services, features, content, or applications operated by CYBER HOUR (together with the Website, the "Services"), and provided to the Customer (the "Customer," "user," "sub-user," "you" or "your").
Our Acceptable Usage Policy forms part of these Terms of Service and is located at https://www.cyberhour.com/fair-usage.
Please ensure you are familiar with it, as violations will result in service suspension.
CYBER HOUR reserves the right to modify the Terms of Service without notice.
If you are aware of or believe that a violation of this Agreement has occurred, please report the violation to us at abuse@cyberhour.com.
Supervisory bodies:
(1) Commission for Personal Data Protection, website: www.cpdp.bg
(2) Commission for Consumer Protection, website: www.kzp.bg
To utilize our Services, you must be of legal age to form a binding contract and not be a person prohibited from receiving services under the laws of Bulgaria. To access or use any of the Services, you must furnish current and accurate identification, contact, and other details during the registration process. Maintaining the confidentiality and accuracy of your account information is your responsibility, and you are accountable for all activities conducted under your account. You are the sole party responsible for all content within your account. Promptly inform CYBERHOUR of any unauthorized use of your account or any security breaches. CYBERHOUR will not be held liable for any loss or damage resulting from your failure to provide accurate information or secure your account.
You bear responsibility for the actions of all users associated with your account and for any data created, stored, displayed, or transmitted by your account while utilizing the Services. Engaging in any activity that interferes with or disrupts CYBER HOUR Services or networks connected to CYBER HOUR is strictly prohibited.
You acknowledge that the following activities are considered prohibited usage, and engaging in them will lead to immediate account suspension or cancellation without a refund. CYBERHOUR reserves the right to suspend or terminate all services that violate any laws or agreements between CYBERHOUR and the Customer.
a) Any intentional misuse of network and system resources, including but not limited to the use of programs or applications that consume excessive network capacity, CPU cycles, or disk IO.
b) Spam and Unsolicited Bulk Email (UBE): CYBERHOUR has a zero-tolerance policy on spam, junk e-mail, or UBE. Spam, junk mail, and UBE are defined as the sending of the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of CYBERHOUR services, whether or not the message actually originated from our network.
Mailing Lists: CYBERHOUR's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. An acceptable mailing list will be focused on a targeted audience that has voluntarily signed up for your e-mail information or has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.
c) Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access to computers, networks, and/or accounts not belonging to the party seeking access. Any act that interferes with the services of another user or network. Any act relating to the circumvention of security measures.
d) CYBERHOUR and the Services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information on the disk or RAM memory, data, or material in violation of Bulgarian law or common law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. CYBERHOUR's services may not be used to facilitate infringement of these laws in any way.
e) Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or activities harmful to the operations of CYBERHOUR or CYBERHOUR's customers.
f) You shall not use any method to circumvent the provisions of these Terms of Service or to obtain Services in excess of those for which they contract with CYBERHOUR. Customers shall not use any mechanism to exceed the amount of resources assigned to them through the Services or to conceal such activities.
g) CYBERHOUR allows the use of distributed, peer-to-peer network services such as Tor. CYBERHOUR does not routinely monitor the network communications of customer CYBERHOUR as a normal business practice. However, customers are responsible for the contents of network traffic exiting their Service. Any usage that prompts the receipt of abuse complaints pertaining to violation of Bulgarian copyright law must be promptly discontinued to avoid service cancellation for violation of these terms.
a) Partner bonuses are disbursed 45 days after the referred customer's service payment. Payment is confirmed if the utilized service remains active and is not canceled before the 45th day.
b) The commission amount (percentage) for a referred customer is detailed on the following webpage: https://www.cyberhour.com/affiliates
c) Affiliates are prohibited from using their own referral link to purchase services for themselves. In case of violations, all accounts will be frozen, and commissions canceled.
d) Bonuses can be paid upon request after reaching a minimum amount of 100 EUR, or they can always be utilized to fully or partially pay for services at CYBER HOUR.
CYBER HOUR shall not be held responsible for any failure to perform due to unforeseen circumstances or causes beyond its reasonable control (any Force majeure events or accidents), including but not limited to: war, riot, embargoes, acts of civil or military authority, or terrorism; fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server, or software for as long as such an event continues to delay CYBER HOUR's performance.
Payment for Services is required in advance of the time period it covers. Billing occurs after the Customer submits an order for a new Service or a renewal order of an existing Service.
CYBER HOUR accepts payments with Bitcoin, Litecoin, PayPal, and debit or credit bank cards: Maestro, Borica, VisaElectron, VISA, MasterCard, trans.card, Diners Club, Discover, UnionPay with a virtual POS terminal. Other forms of payment, such as Bank Wire Transfer, may be arranged by contacting billing@cyberhour.com.
You agree to pay any and all taxes, including personal property, value-added, or sales taxes, resulting from your use of the Services. CYBER HOUR is not responsible for any and all other fees your financial institution may impose due to your use of the Services.
If CYBER HOUR receives less than full payment of the Fees due to taxes, bank charges, transfer fees, exchange rates, cryptocurrency processors charges, miners fee, or the like, CYBER HOUR may invoice you for the difference between payment received and the Fees due.
In the case of late payment, the Service is suspended three days after the payment due date. During the suspension, the Service is still being charged because the system resources are still allocated to the Service, even though it is stopped.
In the case of registration with false personal data or a discrepancy between the registered person and the person who paid the service, it may result in a refusal of service and a full refund, except money transfer fees if any.
We will never increase prices during a specific term or time period that you have prepaid. We reserve the right to change prices listed on the Website at any time, without notice, and the right to modify the amount of resources given to plans at any time.
If the Customer wishes to cancel the Services, CYBER HOUR will issue a full refund if the cancellation request is made within 14 days of the first-time Service activation.
If the service is disrupted due to CYBER HOUR's fault at any time, the Customer may receive a pro-rated refund or credit for the period of the disruption.
For other cases, the decision for a full or partial refund is at our sole discretion.
If you initiate a dispute for a payment with the Payment Processor, we may terminate all Services and issue no refund. Please open a ticket first to avoid such issues.
All refunds are transferred within 30 calendar days of the request using the same payment method as the payment was received.
You acknowledge that your use of CYBER HOUR's Services is at your own risk, and CYBER HOUR is not liable for any data loss in connection with its Services. You are solely responsible for creating backups of your content. If, during our routine maintenance, we create a backup of your content, and you later request us to restore it to your account, we cannot guarantee that we will be able to do so or that your content will be unharmed as a result of the initial data loss or the subsequent restore procedure. Therefore, we highly recommend that you establish your own routine backup procedure and periodically test restoring files from your backup media to ensure that you are making viable backups.
If you wish for CYBER HOUR to provide you with routine backup service, in addition to the Services provided under this Agreement, please contact us. We offer various backup solutions as an add-on service to our regular Services, and all such services are provided through a separate, written agreement.
For the Shared hosting Service, we have configured an automated backup system that is available to the Customer according to their hosting plan. This backup service is free, and the above terms are in effect.
Except during scheduled maintenance, CYBER HOUR guarantees a 99.99% uptime on all CYBER HOUR hardware and network connectivity. In any given month, if your Service is down for more than 0.01% of the time (excluding scheduled maintenance), you may request a pro-rated credit for the downtime.
CYBER HOUR will perform scheduled maintenance to ensure the high quality of the Services.
All scheduled 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, CYBER HOUR will inform you by email at least 7 days in advance.
CYBER HOUR support is handled through email (support@cyberhour.com) and tickets submitted on our website. Tickets are processed in the order they are received, and multiple replies to tickets do not guarantee a faster response. We provide support in English, Greek, Bulgarian, and Russian languages, and communication with our staff should be conducted in one of these languages.
The Services are unmanaged and are intended for advanced Linux administrators and experienced webmasters. To successfully use and manage the Services, customers should be familiar with GNU/Linux operating systems, tools, applications, and proper security measures. For the Shared hosting Service, we do not provide root administrative access to the system; instead, we offer jailed SSH access, and we manage and administer the operating system and server applications. We provide a control panel (cPanel) for your convenience and easy application management.
We are not responsible for disruptions or issues caused by the customer's management of the Services unless the issue is related to hardware, infrastructure, network, or virtualization issues managed by us. We may assist the customer upon request in managing the Services for free or for an additional mutually agreed fee.
We provide 24/7/365 support for critical issues related to infrastructure, hardware server, or network problems. For non-critical issues, we are available between 10 AM and 7 PM EET (Eastern European Time - local Bulgarian timezone) during workdays (Monday - Friday, except Bulgarian national holidays).
You may contact us for support regarding issues related to network access, server hardware, Virtualizor VPS/VDS control panel, OS templates and ISOs, and cPanel control panel.
Additionally, you can contact us for billing and sales questions, such as sales-related inquiries, requests for custom configurations, consulting regarding custom infrastructure and business solutions, and issues related to services billing, payments, refunds, cancellations, and other account-related matters.
This list may not be exhaustive but represents the general idea of our unmanaged hosting services. We may provide managed services upon request, so please ask for a quotation. Anything not managed, installed, and configured by us for the client is the client’s responsibility and is not covered by our support.
We do not tolerate profanity or abusive language in any form of contact with us, including emails, our ticket system, community forums, and communications. Engaging in such activities may result in a warning and suspension of the Services.
CYBER HOUR reserves the right to suspend network access to any customer if, in the judgment of the CYBER HOUR’s network administrators, the customer's server is the source or
target of a violation of any of the other terms of service or for any other reason which CYBER HOUR chooses. CYBER HOUR will use reasonable care in notifying the Customer and in
resolving the problem in a method resulting in the least amount of service interference. CYBER HOUR reserves the right to terminate Services without notice for continued and
repeated violations of the Agreement. If inappropriate activity is detected, all Services of the Customer in question will be deactivated until an investigation is
complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be refunded
for the time the Services were suspended.
If at any time it becomes necessary for CYBER HOUR to cancel a customer's service without a cause, CYBER HOUR will provide 30 days advance notice and refund any payments related to
remaining periods of time or terms that are prepaid.
You may cancel the Services and close your account at any time by using the "Close Account" link located on the client area. Accounts are canceled immediately after
confirmation. A refund may not be issued for the remaining period of payments.
The Customer acknowledges that the Services provided are of such a nature that service can be interrupted for reasons beyond the negligence of CYBER HOUR, and damages resulting from any interruption of service are challenging to ascertain. Therefore, the Customer agrees that CYBER HOUR shall not be liable for any damages arising from causes beyond the direct and exclusive control of CYBER HOUR. The Customer further acknowledges that CYBERHOUR.COM's liability for its own negligence may not, in any event, exceed an amount equivalent to charges payable by the Customer for services during the period in which damages occurred. In no event shall CYBER HOUR be liable for any special or consequential damages, loss, or injury. CYBER HOUR is not responsible for any damages your business may suffer. CYBER HOUR does not make implied or written warranties for any of our Services. CYBER HOUR denies any warranty of merchantability or fitness for a specific purpose. This includes the loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by CYBER HOUR.
Warranty Disclaimer: You agree that your use of CYBERHOUR.COM Services and Website shall be at your sole risk. All services provided by CYBER HOUR are available as is, without a warranty.
The Agreement explicitly prohibits the use of our Services for illegal activities. Therefore, the Customer agrees that CYBER HOUR may disclose any and all Customer information, including assigned IP numbers, account history, account use, etc., to a Bulgarian court that sends us a valid Court Order, without further consent or notification to the Customer. In addition, CYBER HOUR shall have the right to terminate all services set forth in this Agreement.
YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR AFFILIATES, PARENTS, SUBSIDIARIES, ANY RELATED COMPANIES, LICENSORS AND PARTNERS, AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, DIRECTORS, SUPPLIERS AND REPRESENTATIVES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARISE FROM OR RELATE TO YOUR (OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY IN THE SERVICES) USE OR MISUSE OF, OR ACCESS TO, THE SERVICES, CONTENT, OR OTHERWISE FROM YOUR USER CONTENT, VIOLATION OF THESE TERMS OF SERVICE OR OF ANY LAW, OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
All notices permitted or required under this Agreement may be sent by e-mail, express mail, mail, or registered mail to the e-mail address, or address most recently
provided by You and will be effective upon transmission. Evidence of successful transmission shall be retained. Each of the parties may communicate with the other by
electronic means as described in this Agreement.
Part of this agreement are also:
Privacy Policy, located at https://www.cyberhour.com/privacy
Data Processing Agreement (“DPA”) under the GDPR located at https://www.cyberhour.com/dpa
Fair Usage Policy located at https://www.cyberhour.com/aup
The agreement and the relationship between you and CYBER HOUR shall be governed by the laws of Republic of Bulgaria without regard to its conflict of law provisions. You and
CYBER HOUR agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Sofia (Sofia-Grad), Bulgaria.
These terms and all information published in the Website are subject to change at any time and without a notification or prior notice.
Email: admin@cyberhour.com
Effective Date: May 25th, 2018.