This legally binding Terms of Service Agreement (“Agreement”) is made between Hugo.bg EOOD (“Hugo.bg”, “We”, or “Us”), and the individual or legal person (“You”) that creates an account with Hugo.bg and electronically signs the order form. This Agreement governs your use of our services. By ordering from us and accepting these terms, you are bound to this agreement for as long as your account remains active.
1. Violation of this Agreement
In the case(s) in which you violate this Agreement, we reserve the right to issue consequences which may include any of the following: A one-time warning, temporary suspension of your products/services, termination of your products/services, and/or a revocation of your refund opportunity (if applicable).
2.Delivery of Services
Our hosting products/services are made available to all persons in all countries with the exceptions of The Islamic Republic of Iran, Syria, The Democratic People’s Republic of Korea, and the Republic of Cuba. Upon successful completion of the order process for Hugo.bg Services, you will be automatically fraud screened by our fraud screening system, MaxMind MinFraud. Upon passing the fraud screening, your order may or may not be flagged for manual provisioning and activation. Managed VPS and Unmanaged VPS hosting services are typically activated within 24 hours of purchase, Dedicated Servers are typically activated within 24-48 hours of purchase, and SSL certificates are typically activated within a few minutes of purchase.
3.Service Level Agreement (SLA)
Hugo.bg agrees to maintain a service level agreement of 99.9% uptime on all of our Managed VPS, Unmanaged VPS, and Dedicated Server hosting services. In the case(s) whereas uptime is below 99.9% in any given month, you may request compensation for the excess downtime by contacting our accounting department. Compensation may be negotiated between you and a member of our accounting team, however the compensation given may not exceed 1 month of free credit at any given time unless it is approved by an executive management team member. Downtime caused by Distributed Denial of Service (DDoS) or Denial of Service (DoS) attacks do not count towards the Service Level Agreement.
4.Usage of Products/Services
All products/services provided by Hugo.bg may be used for lawful purposes only. Transmission, storage, presentation, or encouragement of any information, data, or material in which is unlawful by the laws of the Bulgaria are strictly prohibited.
5.Examples of unacceptable usage and/or materials include, but are not limited to:
Copyrighted material that does not belong to you
Nulled scripts, pirated software, and/or warez linking
Mail bombers/spamming scripts
Hacking community websites or any website promoting the act(s) of hacking or phishing
Denial of service attack launching applications, scripts, and/or botnet controllers
Scamming and/or fake/replicate websites
Digital currency miners (Bitcoin, Litecoin, Dogecoins, etc)
ToR Anonymity associated applications
Failure to comply may result in the account in question hosting websites being suspended.
6.VPS Resource Usage
Hugo.bg “Managed VPS” and “Unmanaged VPS” plan clients are allowed to able to burst up to their total allocated CPU for up to 90 seconds, unless otherwise specified in advertisements as “fair share”. Hugo.bg’s “fair share” CPU policy employs a “good neighbor policy”. As long as your virtual server maintains the status of a “good neighbor” (e.g: Not intentionally running resource intensive applications for extended periods of time, hogging resources), your virtual server will not face termination. The specified “key” for determining the CPU usage of a virtual server is the following: A CPU load average of “1” equals usage of “1” CPU core. In cases where virtual servers endanger the performance or uptime of other virtual servers on the same node/machine, the absuing virtual server in question may be suspended by Hugo.bg at our discretion. If in the case that your virtual server is suspended, you will be informed via ticket and will be provided with an opportunity to work with us to resolve the issue.
Failure to cooperate with our abuse department in permanently resolving your virtual server’s resource abuse related issues may result in unsuspension fees being imposed.
If your server is suspended for the first time, you are not liable to pay any fee.
If your server is suspended for the second time, you are liable to pay a fee of $5.00
If your server is suspended for the third time, you are liable to pay a fee of $15.00
For further violations past the third time, you may be throttled or asked to upgrade to a dedicated server or face termination.
7.ARIN IPv4 Justification
We require justification from our clients to purchase and utilize IPv4 addresses above the quantity of 5. Justification that you provide must be in compliance with the assignment policies and procedures set forth by the American Registry for Internet Numbers (ARIN) in RFC 2050. We reserve the right to deny IPv4 requests and IPv4 justification at our discretion.
Sending unsolicited, unauthorized spam emails in violation of the CAN-SPAM Act is striclty prohibited. If you are found to be utilizing your product/service for the act of sending unsolcited, unauthorized spam emails, your product/service may be immediately terminated and you may be issued up to a $200.00 administrative fee.
9.Overdue Payments Policy
Products/services which carry an outstanding balance may be immediately suspended at our discretion. Products/services which carry an outstanding balance exceeding three (3) days may be terminated at our discretion. A maximum grace period of seven (7) days may be granted upon the approval of Hugo.bg. If you require additional time to pay an outstanding invoice/balance, you are held responsible for contacting our accounting department prior to the invoice due date.
10.Cancellation and Refund Policy
Hugo.bg does not force contracts onto it’s customers. All of our products/services are on a pre-paid basis and may be cancelled at any time. The following products/services are strictly non-refundable under any and all circumstances: Domain name registration, web hosting, Dedicated servers, Managed VPS hosting, cPanel/WHM licenses, WHMCS licenses, ClientExec licenses, SSL certificates, and account credits.
Only one refund may be claimed per product/service category per customer. The 15-day money back period starts from your original purchase.
Refunds from Visa, Mastercard and all major credit and debit cards are refunded only to the same card
11.Chargebacks and/or Disputes
Filing a chargeback with your credit/debit card company and/or filing a dispute via PayPal against us will result in the immediate termination of all of your Hugo.bg products/services. Billing disputes and disagreements must be resolved with our accounting department.
The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of .COM/NET/ORG and Nominet in the case of domain names ending with .UK you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
Hugo.bg is not responsible for providing support for the software licenses that we issue unless stated otherwise. This includes software licenses such as WHMCS, ClientExec, cPremote, etc. If in the case that we receive a support ticket requesting support for these softwares, we will provide our best effort support however we reserve the right to instruct you to contact the appropriate company in which the software originates from and they shall be responsible for providing you support for their product.
Only registered clients who currently have active services with us may participate in our Affiliate Program. Affiliates must not mask, hide, or modify the affiliate link provided. Affiliate links may only be used as they are. Upon signup to our affiliate program. You will earn 5% to 50% commission of the purchase price of each sale that you refer, however the commission will not be available until and unless the client that you have referred has stayed with us for at least 45 days. To withdraw your affiliate credit balance into your PayPal account, you must have a minimum of a $50.00 balance. If you violate any of these Affiliate Program terms, you may not be eligible to withdraw your affiliate credit balance and your affiliate credit balance may be revoked.
15.Refusal of Service
Hugo.bg reserves the right to refuse service to any individual or organization for any reason at our discretion.
You may not verbally abuse our staff in forms of harrassment, threats, blackmailing, yelling, shouting, and/or swearing. Threats of physical abuse will be reported to the appropriate authorities. Any abuse towards our staff will result in your entire account and all of your products/services being immediately terminated without notice and without a refund provided.
17.Limitation of Liability
You agree that use of the Service is at your own risk. You are responsible for keeping backups of your own data in rare cases of unrecoverable disk failure and/or data corruption. Except for information, products, or services clearly identified as being supplied by Hugo.bg, neither Hugo.bg nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Hugo.bg neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that we are not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on Hugo.bg equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Hugo.bg and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
You shall also indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the services.
18.Amendments to the Terms of Service
Hugo.bg reserves the right to revise this Agreement at any time. The customer’s continued use of services provided by Hugo.bg will be deemed consent to the policies aforementioned in this Terms of Service Agreement.
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