General Terms And Conditions

The following Terms of Service ("TOS," "Terms" or "Agreement") apply to the person or entity ("customer", "you" or "your") using our website or purchasing services, features and/or content provided by CloudHost360. CloudHost360 is the trade name of Radioactive EOOD. By purchasing one or more Services from CloudHost360, you declare that you have read, understood and agree to be bound by this TOS. The latest version of our TOS is always available on the CloudHost360 website.

[1] APPLICATION OF TERMS

[1.1] These TOS apply to all Services provided by CloudHost360 to you throughout the entire Term or Renewal Term. The TOS consist of the following: Terms of Service, Acceptable Use Policy (AUP), Privacy Policy and Data Processing Agreement (DPA). Collectively these documents are referred to herein as the "TOS." They are referred to by their individual names if a particular paragraph applies to that document alone.

[1.2] The TOS, together with your Order, represent the entire Agreement relating to the Services and supersedes any other agreement previously established between you and CloudHost360 . Placing an order to CloudHost360 constitutes acceptance by you of these TOS.

[2] PERSONAL DATA. DATA PROCESSING AGREEMENT

[2.1] In order to purchase and use our Service(s) you will be required to provide personal data. For the purposes of these TOS, personal data shall have the meaning set out in our Privacy Policy. Please refer to our Privacy Policy for complete information on what personal data we collect and how we process and disclose it.

[2.2] By uploading and storing content on our servers you acknowledge and agree that CloudHost360 shall act as a data processor regarding your content. The relationship between you and CloudHost360 related to the processing of your content is set out in our Data Processing Agreement (DPA), which is an integral part of our Privacy Policy and this TOS.

[3] SERVICES

[3.1] For the purposes of these TOS "Service" or "Services" means any and all services provided by CloudHost360 under these TOS including, without limitation, any of our subscription plans for dedicated server hosting, virtual private server hosting, bandwidth setup, additional features, support services, third-party products and services, any other services which may be provided from time to time as set out on the User Area.

[3.2] The Services will be provided to you as configured for our standard customer. We might modify, update or upgrade the Services and/or add, remove or modify any hardware, software, functionality or configuration installed on or used by the Services at any time with or without prior notice. You will bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software as well as any other items you deem necessary to use the Services shall be compatible with the Services. We will not be obliged to modify the Services to accommodate your use.

[3.3] To the maximum extent applicable under national law and without affecting your rights as a Customer, the Services will be provided on "as-is basis". The hardware configurations may vary.

CloudHost360 may replace your host server hardware, transfer it from one data center to another, transfer your account to another server, including to servers in another datacenter or geographic location, or modify certain software configurations when deemed necessary by CloudHost360 in order to ensure the quality and security of the Services.

[4] FEES AND PAYMENT

[4.1] You are responsible for the payment of the fee(s) specified in the Tariff available at the User Area. We charge you monthly for the Service(s) in use.

[4.2] The current fee(s) and payment method(s) are listed on the Tariff available at the User Area. Unless a specific agreement for use of the Service(s) exists between CloudHost360 and you, you acknowledge and agree to pay the fee for the respective Service(s) as per the Tariff at the time you submit your Order. CloudHost360 reserves the right to change the fees at any time without notification. Changes in fees shall be effective immediately.

[4.3] You acknowledge and agree that your payment details shall be stored by our payment providers to process payment for any CloudHost360 (s) you purchase or renew.

[4.4] Our obligation to provide the Service(s) depends on your payment of the Fees. It is your responsibility to ensure that we receive timely payment of the Fees.

[4.5] Invoices are due within 5 /five/ business days upon receipt. CloudHost360 reserves the right to suspend and/ or terminate the Services until payment is made.

[4.6] By accepting these TOS, you hereby authorize CloudHost360 to send you invoices electronically to the email address specified in the Customer Account.

[4.7] Should the Services be suspended due to your fault for any reason, Fees will continue to accrue until the termination of this Agreement.

[5] RENEWAL POLICY

[5.1] All our Services are by default set to renew automatically, with the exception of Reseller Shared Hosting accounts and upgrades.

[5.2] We are not responsible for the operation of the Service(s) if Services are suspended/terminated because your payment methods have expired or are no longer valid for any reason.

[5.3] You agree that CloudHost360 shall not bear any responsibility and liability for any damages whatsoever including, but not limited to, damages for lost profits, lost savings, revenue, business, data or use, or any other pecuniary loss by you or any other third party if we are unable to charge your payment method on file or you fail to cancel the Services.

[6] MONEY BACK POLICY

[6.1] If you no longer need a Service you have purchased or are unsatisfied with its performance, you can cancel it at any time through the User Area.

[6.2] Th? refund grounds will be thoroughly reviewed by us and promptly communicated to you.

[6.3] Money Back Policy does not apply to the termination of individual accounts in a Reseller package.

[6.4] Services that are tailor-made to you, are not covered by our Money Back Policy. These include Dedicated Server Services, Paid support services, including Backup Creation and Backup Restore, and third-party Services.

[6.5] To the maximum extent applicable under national law and without affecting your rights as a Customer, the Money Back Policy is your sole and exclusive remedy should you decide to withdraw from this Agreement.

[7] UPGRADE/DOWNGRADE OF SERVICES

[7.1] You can choose to upgrade or downgrade the Hosting Services at any time.

[7.2] All available Upgrade options are listed in the User Area and are subject to the fees set out on the Tariff.

[7.3] You can choose to upgrade the usage of dedicated hosting by purchasing additional hardware resources. You will need to request it via the client area's ticketing system or by e-mail at orders@cloudhost360.net

[8] CUSTOMER ACCOUNT

[8.1] If you are a new customer, upon purchase of our Services we will create a Customer Account for you. Your Customer Account contains your personal details and grants you access to our User Area where you can access, review, update and manage your Services, payments and contact information.

[8.2] If you purchase Services on behalf of another person or entity, you warrant that you will administer their Customer Account in good faith and in their best interest, and will indemnify us against all losses and liabilities sustained by us should you administer the account in ways that are adverse to the End User and result in any claim against us.

[8.3] Login to the User Area requires the use of username and password. You agree not to use the account, profile, username, or password of another user at any time. You will be solely responsible for the security of your login credentials. You shall keep all passwords confidential and take security measures to prevent unauthorized access to them. For security purposes,

CloudHost360 highly recommends that you keep different passwords for different Customer Accounts and service providers, refrain from using any functionality that saves or stores your login credentials and regularly update your password.

[8.4] You undertake to change the account credentials after the dedicated server, virtual private server or any other service as defined in Article 3 has been provided to you.

[8.5] You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party, and for keeping your Account password secure. You shall notify CloudHost360 immediately of any breach of security or unauthorized use of your Account to the following email address: privacy@cloudhost360.net.

[8.6] You are responsible for providing and maintaining true, current, complete and accurate information. If you fail to do so, we accept no liability in the event that we grant access to the account to another person.

[8.7] It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about the ownership, the account may be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.

[8.8] We may reach out to you to confirm certain details you have entered, or to request further identification information. Pursuant to our internal rules for customer due diligence, a manual verification of your proof of identity, proof of address, exact legal business name and address, contact details, etc. may be required. Only when all of the details have been found compliant, we can proceed with your order. We may request updated information from existing customers, or simply confirm previously provided data.

[9] USE OF SERVICES. CUSTOMER RESPONSIBILITY

[9.1] You acknowledge and agree that your use of the Service(s) and any Content uploaded, stored, published and displayed on or through the Service(s) are in compliance with these TOS and all applicable laws, including laws of the jurisdiction where the Service or Content is uploaded, hosted, stored, accessed or used. You acknowledge and agree that your use of the

Service(s) and any Content uploaded, stored, published and displayed on or through the Service(s) are in compliance with the EU and the US laws and regulations. You shall implement any restrictions necessary in order to prohibit the use of the Services by any third party or in any jurisdiction, as required to comply with such laws.

[9.2] You must ensure that each of your End-users complies with these TOS, and with any policies and agreements that are incorporated by reference.

[9.3] You may not upload, store, publish and display on or through our Service(s) any personal data, private or any other personally identifying information, images, videos of minors or any third party, without the consent of said party (or a parent's consent in the case of a minor). If you use the Services to upload, store, publish, display or otherwise disclose such information, you acknowledge and agree that you have obtained the prior consent of the said parties.

[9.4] You shall not use our Service(s) for hosting websites for high-risk activities where the interruption or malfunction of the Services could lead to serious consequences, including but not limited to personal injury, death, environmental damage, etc. For such websites, you must receive confirmation from us that you can use the Services before submitting your Order. Examples of high-risk activities include but are not limited to nuclear facilities, air traffic control, life and health support, etc. Please refer to our Acceptable Use Policy for detailed information on the rules and guidelines for using our Services.

[9.5] You are strictly prohibited from utilizing our Service(s) for the following activities:

[9.5.1]Phishing Scams: These scams involve fraudsters posing as legitimate organizations, such as banks or popular websites, and sending deceptive emails or messages to trick users into sharing sensitive information like passwords, credit card details, or social security numbers.

[9.5.2] Nigerian Prince Scams: Also known as the 419 scam, this scam typically involves an email from someone claiming to be a wealthy individual, government official, or a relative of a deposed dictator, offering a large sum of money in exchange for a small upfront payment or personal information.

[9.5.3] Online Auction and Shopping Scams: Scammers may create fake listings on auction and shopping websites, pretending to sell items at low prices. They either take the money without delivering the product or send counterfeit or significantly inferior goods.

[9.5.4] Fake Tech Support Scams: Scammers impersonate technical support representatives from reputable companies and contact individuals claiming that their computers are infected with viruses. They trick victims into paying for unnecessary software or services or gain remote access to their devices to steal personal information.

[9.5.5] Romance Scams: Fraudsters create fake profiles on dating websites or social media platforms and build emotional connections with individuals. They then ask for money, often citing emergencies, travel expenses, or investments, exploiting their victims' trust.

[9.5.6] Pyramid Schemes: These fraudulent schemes promise high returns on investment by recruiting new members into a network. Participants are usually required to make an initial investment and earn profits by recruiting others. Ultimately, only the initiators benefit, leaving others at a loss.

[9.5.7] Work-from-Home Scams: Scammers offer enticing job opportunities that allow individuals to work from home with flexible hours and high pay. However, they often require upfront fees or personal information and fail to deliver on their promises.

[9.5.8] Lottery or Sweepstakes Scams: Scammers inform individuals that they have won a large sum of money in a lottery or sweepstakes, even though they haven't participated. Victims are then asked to pay fees or provide personal information to claim their prize, but the winnings never materialize.

[9.5.9] Investment and Trading Scams: Fraudulent investment platforms promise extraordinary returns with little risk. They may use persuasive tactics or false information to convince individuals to invest in fake stocks, cryptocurrencies, or other financial products.

[9.5.10] Identity Theft: Cybercriminals obtain personal information through various means, such as hacking, phishing, or data breaches. They then use this information to open fraudulent bank accounts, make unauthorized transactions, or commit other crimes.

[9.5.11] Other: any other activities that are unlawful, illegal, or contrary to commonly accepted moral standards. This encompasses activities that are deemed illegal under applicable laws and regulations or activities that are deemed morally objectionable by societal norms.

[9.6] You are responsible to provide accurate and complete information about you and your organization (if you purchase on behalf of an organization) and promptly updating all provided information. We shall not be liable for any errors or damages caused by any failure from your side to provide complete and accurate information.

[9.7] You are responsible for all your activity related to the use of our Service(s) and the activity of any user who has access to your Customer Account and the Services.

[9.8] You declare that (i) you have the technical knowledge necessary to ensure the proper use, administration, management of our Service(s); (ii) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Services necessary to take advantage of them.

[9.9] You acknowledge and agree that if you resell our Services or administer Services on behalf of others, you must ensure that each of your clients and/or End Users comply with these TOS.

You understand and agree that you are responsible for all content uploaded, stored or transmitted on or through the Services and any acts or omissions of your clients or End Users that violate these TOS or the law.

[9.10] When using the Services, you will ensure that neither you nor any of your End Users make use of the Server resources to CloudHost360's detriment or that of other CloudHost360 customers.

[9.11] You shall indemnify, defend and hold harmless CloudHost360, and its respective officers, directors, shareholders, employees, agents and representatives against all damages, claims, liabilities, losses and other expenses, including without limitation reasonable attorneys' fees and costs, whether or not a lawsuit or other proceeding is filed, that arise directly or indirectly from you, your clients or your End Users' acts or omissions.

[9.12] You must obtain all equipment necessary to access and use our Service(s). It is your responsibility to use equipment, software or applications which are compatible with our Service(s). When accessing or using our Services you may not use equipment and/or software that are faulty or with malfunctions that may cause security issues with our servers, damage the integrity of the network and/or vulnerability of the Service(s).

[9.13] You are solely responsible for obtaining all intellectual property rights in the intellectual property of others, including, but not limited to, clearances and/or other consents and authorizations necessary to use the names, marks or any content, materials which are used by you on or transmitted through the Services.

[9.14] If you use any third-party software on the Services, you warrant to CloudHost360 that you are duly licenced to use the software and that the licence grants sufficient rights to CloudHost360 to provide the Services. You agree to provide us with such licence(s) upon request. If you fail to provide reasonable evidence of licensing, CloudHost360, at our sole discretion, may suspend the Services and/or terminate the Agreement with immediate effect.

[9.15] You acknowledge and agree that CloudHost360 may periodically run a series of scripts (audit) on your Service(s) to determine what third-party software is installed on the Service(s) and how many Users have access to each piece of software. You authorize us to disclose the results of such audits to third parties. You shall indemnify CloudHost360 against any costs, claims, losses, damages, liabilities, demands and/or expenses including reasonable legal costs incurred and/or suffered as a result of any failure by you to be properly licensed in respect of the use of third-party software.

[9.16] You shall provide to CloudHost360, at your cost, any information, resources or facilities reasonably requested by CloudHost360 for the delivery of the Service(s) and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with CloudHost360 to such aim.

[9.17] Any instructions supplied by you to CloudHost360 must be complete and accurate and clearly legible. We shall not be liable for any errors caused by any failure from your side to provide complete and accurate information. It's your obligation to follow our instructions and to cooperate with us for the proper provision of our Services.

[9.18] You acknowledge and agree not to make any modification or alteration of any part of our Service(s) or related technologies.

[9.19] You acknowledge and agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, or services contained on our Site, except where explicitly authorised by us.

[9.20] You acknowledge and agree that any information, articles, tutorials, guidelines or technical support advice may be provided by us only for your convenience and do not constitute official statements.

[9.21] You are responsible to make backup copies of all your content uploaded, stored, published and displayed on or through our Service(s) in a location independent of ours.

[9.22] You acknowledge and agree that your hosting resources may be terminated or replaced due to failure, retirement or other requirements. The use of the Service(s) does not grant you, and you hereby waive any right of physical access to, or physical possession of, any servers, equipment, real or personal property, or other assets, owned by or licensed to CloudHost360.

[10] USER CONTENT. MONITORING OF USER CONTENT

[10.1] You may upload, store, publish, display and disclose information, text, files, emails, images, designs, graphics, photos, videos, sounds, software and other content on or through the Services ("User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or disclosing User Content on or through the Services, you represent and warrant to CloudHost360 that (i) you have all necessary rights to display and disclose such content, and (ii) your posting or disclosure of User Content does not violate the rights of CloudHost360 or any third party, as well as any applicable laws and regulations.

[10.2] Solely for purposes of providing our Services, you hereby grant us a worldwide, nonexclusive, royalty-free, perpetual, irrevocable right and license to (i) use, modify, publicly perform, publicly display, reproduce, excerpt (in whole or in part), publish, distribute User Content, including to make back-up copies of User Content and User Websites without any payment. Except for the rights expressly granted herein, CloudHost360 does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

[10.3] CloudHost360 shall not exercise control over and accepts no responsibility for User Content or any other information passing through our Services. CloudHost360 may monitor User Content but is under no obligation to do so. If you or your End Users post or publish any material in violation of these TOS, or otherwise violate these TOS, in order to resolve the issue CloudHost360 reserves the right to review your Content and immediately take any corrective action, including without limitation removal of part or all of the User Content or User Websites, suspension or termination of any and all Services with no refund. You hereby agree that CloudHost360 shall have no liability due to or arising out of any corrective action that CloudHost360 may undertake.

[11] TECHNICAL SUPPORT

[11.1] Technical support services:

[11.1.1]We provide technical support for issues related to the functionality of any Service(s) and features purchased from us. Our technical support is available for all customers and is provided on an as-is, as available basis.

[11.1.2]We aim to deliver support in a fast and efficient manner, however, we cannot guarantee that all inquiries will be handled within the statistical averages advertised on our site.

[11.1.3]You may request technical support via ticketing system in the client area or by contacting us at orders@cloudhost360.net. Technical support will be provided ticket.

[11.1.4]If you request technical support, you agree that we may have full access to your Services and/or Content. It is your obligation to perform and store a backup of your data and files prior to requesting technical support. You are solely responsible for any instructions you provide to us as part of your technical support request. You understand and agree that any modifications we perform in order to address your technical support issue may affect the functionality of your website and/or Services. It is your responsibility to ensure that your website is operational and the Services are configured to your needs once we complete work on your request.

[11.1.5]If your request for technical support exceeds that of similarly situated customers or is outside the scope of our free technical support, we reserve the right to deny service related to such request.

[11.1.6]To the maximum extent applicable under national law and without affecting your rights as a Customer, all technical support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in these TOS. While we use reasonable efforts to provide technical support in a timely and professional manner, we cannot guarantee the result you expect or that an issue might not occur again. We retain the right not to process your technical support request(s), if: (i) you violate these TOS; (ii) you are abusive towards our employees or subcontractors; (iii) the need for Technical Support Services is due to any modification or attempted modification of the Services made by you or any third party outside of CloudHost360's control, or your failure or refusal to implement changes recommended by CloudHost360. We may refuse to perform any request that requires changes not compatible with the Services or not related to them or that might create a security risk or deteriorate their performance.

[11.2] Scope of free technical support

[11.2.1]We provide free technical support for issues related to our hosting platforms and features:

• Issues related to the functioning and functionality of any of our Services, including issues you report related to the uptime and stability of our Services;
• Issues related to the proper functionality of CloudHost360 User Area, including tools and features provided by CloudHost360, such as auto-update services, caching, staging, integration for currently supported SSL certificates, daily backup, control panels, CDN and others;
• Assistance related to settings and proper usage of the tools and features provided by us;
• Inquiries related to the registration, renewal, and transfer of domains to us, DNS or WHOIS updates. For issues related to domain transfer from CloudHost360 to another hosting provider or registrar, our support is limited to making sure the domain is transferable per the requirements for the respective domain extension.

[11.3] Issues outside the scope of free technical support

[11.3.1]Certain issues are outside the scope of our free technical support:

• Issues related to the installation of third-party scripts/applications not provided by CloudHost360;
• Website related inquiries such as coding issues, database optimizations, benchmark tests, installation of new software on the server, changing the current setup of your servers, etc.;
• Issues related to web design, web development and/or customization;
• Inquiries related to the functioning of scripts, optimizations, SEO services, themes or extensions;
• Website security audits and malicious code clean-up issues.

[11.3.2]If you request technical support for issues outside the scope of our free technical support services, we may provide you with assistance at our own discretion, subject to availability and additional fees. We will inform you, and receive your consent, prior to charging you for technical support. Fees for technical support must be paid in advance.

[12] BACKUP

[12.1] You acknowledge and agree that it is your responsibility to regularly back up all your Content in order to prevent potential data loss. We are not obliged to back up your data, yet we may offer separate backup services subject to dedicate service agreement, not covered by the provisions of these TOS.

[13] CLOUDHOST360 CONTENT. INTELLECTUAL PROPERTY RIGHTS

[13.1] CloudHost360 retains ownership of all intellectual property rights related to the provisioning of the Service(s). CloudHost360 grants to you a non-exclusive, non-transferable limited license to access and use the Service(s) during the Term or any Renewal Term. All trademarks, product names, services, software, script, source code, content, photos, graphics, videos on our website, logos or slogans ("CloudHost360's content") used by CloudHost360 are owned by or licensed to CloudHost360. You acknowledge and agree not to modify, copy, reproduce, download, transmit, distribute, sell, license, publish, broadcast, create derivative works from, or store CloudHost360's content for purposes other than using our Services, without our express prior written consent.

Unless otherwise set out in these TOS, you own all rights, title and interest to the information you place on our servers pursuant to the Services. If you submit feedback to us concerning your idea and suggestions related to the Services, we shall have the right to use that information to improve our business processes. You have no right to any intellectual property that is based on an improvement to our business based on this feedback.

[14] THIRD-PARTY LINKS

[14.1] Our site and Services may contain link(s) to other websites operated by or with content provided by third parties. You understand and agree that CloudHost360 has no control over any such third-party websites or their content and will have no liability arising out of or related to your use of any third-party websites or their content. CloudHost360 shall not bear any responsibility for any legal documents (agreements, terms and conditions, policies and etc), content and practice of any third-party websites. The existence of any third-party links does not constitute an endorsement of such websites, their content, or their operators. CloudHost360 includes these links only for your convenience.

[14.2] You acknowledge and agree that third-party links on our website may contain affiliate tracking and CloudHost360 may collect a share of sales or other compensation from such links.

[15] RESELLER PROGRAM

[15.1] You may not resell the Service(s) without CloudHost360 's prior written consent. On such consent, CloudHost360 authorizes you to resell or otherwise provide the Service(s) to Customer's End Users subject to these TOS.

[15.2] Any marketing of our Service(s), utilization of CloudHost360 information and/or materials, or use of CloudHost360's marks, shall be undertaken in accordance with these TOS.

[15.3] CloudHost360 hereby grants to Customer a royalty-free, non-exclusive, non-transferable and revocable license for the term of this agreement to use the CloudHost360 marks, and associated materials, language or code for the sole and exclusive purpose of marketing the Service(s) to potential End Users. We may revoke this license at any time by giving the Customer written notice (including via email).

[15.4] You may use only the information, CloudHost360 marks and materials provided by us to market Service(s) in the manner CloudHost360 agree, unless we have reviewed the materials in advance and given written consent. You may not translate any information or materials, including any CloudHost360 marks, provided by us without our prior written consent. Any marketing activities undertaken by either party shall be at their sole expense unless otherwise agreed in advance in writing.

[15.5] You may not use CloudHost360's name in any bulk email whatsoever unless we have given advance written consent. We may terminate the Customer's participation in the Reseller Program if any meaningful spam complaints naming CloudHost360 result from Customer's marketing activities. You may not disparage CloudHost360 in any manner nor engage in any conduct that is harmful to the reputation of CloudHost360.

[15.6] You acknowledge and agree that for the purpose of the Reseller Program you shall be the first line of support for Customer's End Users, and shall provide live support to Customer's End Users during normal business hours, including basic troubleshooting for the Service(s). Unless you have made special arrangements with CloudHost360, we do not expect to communicate directly with Customer's End Users regarding support questions. You hereby also agree that Customer's End Users shall not be referred to us for direct support without CloudHost360's prior written consent.

[16] WARRANTIES

To the maximum extent allowed by applicable law and without affecting your rights as a Customer, you acknowledge and agree that the Services are provided by CloudHost360 as-is and you assume all risks and liabilities arising from or relating to your use of and reliance upon the Services and that CloudHost360 makes no representation or warranty with respect thereto. CloudHost360 hereby expressly disclaims all representations, warranties and conditions regarding the Services, whether express or implied, including any representation or warranty in regard to quality, performance, non-infringement, commercial utility, merchantability or fitness of the services for a particular purpose. In addition, CloudHost360 expressly disclaims any express or implied obligation or warranty of the Services, that could be construed to require CloudHost360 to provide Services in such a manner to allow the Customer to comply with any law, regulation, rule or court order applicable to the actions or functions of the Customer. Without limiting the generality of the foregoing, we do not warrant that the Service(s) will meet any or all of your needs; will operate in all of the combinations which may be selected for use by you; or that the operation of the Service(s) will be uninterrupted, error-free or completely secure. No CloudHost360 employee, supplier or subcontractor is authorized to make any warranty on our behalf and if they make such warranties CloudHost360 shall not be bound by them.

[17] LIMITATION OF LIABILITY

[17.1] Your use of the Service(s) may only be for lawful purposes and must comply with the AUP. Transmission of any material in violation of any law, regulation or the AUP is strictly prohibited.

CloudHost360 shall not be liable for the acts and/or omissions made in violation of the aforementioned provisions and regulations.

[17.2] To the maximum extent permitted by applicable law, and without affecting your rights as a Customer, you agree that you will not under any circumstances, including negligence, hold CloudHost360, its officers, directors, employees, licensors, agents, subcontractors and/or third party service providers liable for any direct or indirect damages of any nature and type suffered by the Customer or third parties, including, but not limited to, damages for loss of profits, lost savings, revenue, business, data or use, or any other pecuniary loss that may result from: delays, malfunctions, suspension and any other interruption in the provision of the Service(s) due to events beyond our reasonable control (for example: force majeure, third party conduct/acts, including CloudHost360's licensors and suppliers, faults and malfunctions of the machines, software and other equipment, whether owned by us or our licensors/suppliers; acts and/or omissions made by Customers and in contrast with the obligations undertaken under these TOS); data loss due to hardware or software failure; any information, data, content in or accessed through the Services; any action, information or instruction provided as part of our technical support Services; your use of the Service(s). You agree that the foregoing limitations apply whether based on warranty, contract or tort or any other legal theory and apply even if we have been advised of the possibility of such damages. In no event, we will be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective Service(s) during the twelve-month period preceding a claim giving rise to such liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law and your rights as a Customer will not be affected.

[17.3] By accessing our website and purchasing the Service(s) you acknowledge that we do not monitor, and disclaim all liability and responsibility for, the content uploaded, stored, published, displayed, disclosed and transmitted by you or others, and disclaim all liability and responsibility for unauthorized use or misuse of the Service(s).

[18] INDEMNITY

You acknowledge and agree to indemnify, defend and hold harmless CloudHost360, its officers, directors, employees, licensors, agents, subcontractors, affiliates, subsidiaries, parent and related companies, and any third-party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Services; (ii) any violation by you of these TOS, AUP and all other policies or documents which are incorporated herein, or any applicable law and regulation; (iii) any breach of any of your representations, warranties or covenants contained in these TOS; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these TOS. For the purpose of this clause only, the term "you" as set out in subparagraphs (i) through (iv) includes you, your subsidiaries, parent andrelated companies, End Users, visitors to your website, and users of your products or services. The terms of this Article shall survive the termination of the Agreement.

[19] TERM AND TERMINATION

[19.1] The Term for each Service will commence on the activation date and will remain in effect until terminated under Section 19.

[19.2] You may terminate a Service at any time through the User Area. If you fail to cancel the Services, the Services will not be terminated, and Fees will continue to be charged. You must follow this procedure in order to terminate each Service.

[19.3] Without prejudice to the provisions laid down in other clauses of th?s? TOS, CloudHost360 shall be allowed to terminate this Agreement with or without notice with immediate effect if (i) you fail to pay any fees due; (ii) you or your End-User(s) breach these TOS, our Acceptable Use Policy or any other policy incorporated herein by reference, or any applicable law or regulation;(iii) you repeatedly infringe any policy incorporated herein or announced on our website; (iv) in case of any action and/or omission, failure and/or malfunction caused by you or your End-User(s) which damage CloudHost360 servers and facilities or the servers and facilities of other network hosts or Internet users; (iv) you disclose false or misleading allegations that may negatively impact our reputation and (v) transfer all or part of your obligations and/or rights under this Agreement to third parties, without our prior written consent.

[19.4] CloudHost360 may also terminate this Agreement by fifteen (15) days written notice as of the date of its receipt if (i) according to CloudHost360's reasonable opinion, you do not have the basic technical knowledge to use the Service(s) without excessive ongoing technical support; (ii) CloudHost360 determines in good faith that continued provision of the Service has become unfeasible for technical, legal, regulatory, economic or any other material reason.

[19.5] CloudHost360 may discontinue provisioning of certain Service(s) or terminate this Agreement if a third party ceases to make components of the Service available to us.

[19.6] It is important to understand that certain Services are bundled together. As a result, termination of the Services that provide hosting may result in immediate termination of multiple aspects of the Services. Upon termination, any information, data, content and files stored by you on our server shall be deleted. We may keep backup data for terminated Services for up to sixty(60) days after termination and provide you with access to that data upon request and subject to availability. IP addresses and server space are recycled. It is your obligation to ensure that you arrange to migrate your website(s) or content off our servers and relinquish the use of the IP address assigned to you in connection with the use of our Service(s) prior to termination. We have no obligation to provide any Service(s) to you including forward of email(s) following termination.

[20] COMPLAINTS

[20.1] If for any reason you are not satisfied with our Services, you may send your complaint to us via: (1) email at complaints@cloudhost360.net, or (2) registered mail to the following address: Bulgaria, Sofia 1408, Triaditsa District, South Park Residential Group, bl.43, ent. D, office 1A

[20.2] We will take care to review, investigate and respond to any complaint(s) fairly and thoroughly. All complaints must be in writing and clearly indicate the name and contact details of the complainant. If you have relevant documentary evidence to support your complaint, it shouldbe ?nclosed to the complaint. Evidence submitted should be as concise as possible and relevant to the complaint.

[20.3] When you submit a complaint, CloudHost360 will acquire any and all personal data included in the complaint. In order to follow up on your complaint, CloudHost360 may need to provide your complaint enclosed with evidence to a person subject of the complaint and third parties as consultants and subcontractors. CloudHost360 shall process all personal data included in the complaints in compliance with our Privacy Policy.

[20.4] CloudHost360 will review the complaint and will provide a written answer within 10 (ten) business days from receipt of the complaint. If the complaint requires a more detailed investigation, you will receive an interim response describing what is being done to deal with the matter, and when you can expect a final reply.

[21] DISPUTE RESOLUTION. JURISDICTION

[21.1] In the event of any dispute, controversy or claim arising out of or related to this Agreement, you and CloudHost360 shall use reasonable effort to settle such disputes or differences. To this effect, we shall consult and negotiate with each other with the aim to reach a solution satisfactory to each Party.

[21.2] You agree that the Bulgarian Courts shall have the sole jurisdiction over all disputes and other matters relating to the execution, interpretation, enforcement and termination of this Agreement or any other document entered into by the Parties related thereto. All disputes and other matters relating to the interpretation and enforcement of th?s? TOS as well as any other document entered into by the Parties shall be governed by the laws of the Republic of Bulgaria.

[21.3] Based on Regulation No. 524/13/EC, if you are a Consumer you have the right to use the internet platform for the Online Settlement of Disputes between Entrepreneurs and Consumers ("OS-Platform"), established and operated by the EU Commission. The OS-Platform can be accessed at the following web page:http://ec.europa.eu/consumers/odr/.The internet platform for the Online Settlement of Disputes is applicable only for the Consumers.

[22] NOTICES

[22.1] We will send notices to you using the contact information in your User Area. We may send you notices by email or a notice posted in your User Area. We have no responsibility for notices not delivered due to outdated or inaccurate contact information.

[22.2] Any notices to us related to issues governed by our Privacy Policy shall be addressed to us at privacy@cloudhost360.net.

[22.3] You may send us notices, requests, claims, consents, waivers, demands or any other communication related to this Agreement by (i) email; (ii) first-class mail; or (iii) internationally recognized courier.

Bulgaria, Sofia 1408, Triaditsa District, South Park Residential Group, bl.43, ent. D, office 1A

Email: support@cloudhost360.net

[22.4] Notice shall be considered duly given and effective: (i) if sent by email, on the day when received in the designated email account; (ii) if sent by first-class mail, on the date of delivery by the appropriate postal service; (iii) if sent by internationally recognized courier, on the date of delivery by such courier.

[23] GENERAL PROVISIONS

[23.1] Applicable law. This Agreement will be governed by and interpreted in accordance with the laws of the Republic of Bulgaria.

[23.2] Waiver. If at any time during the term of this Agreement we fail to insist upon strict performance of any of your obligations under this Agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under this Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any term of this Agreement shall be effective unless it is expressly stated to be a waiver and is communicated by you in writing.

[23.3] Assignment. Successors. You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without our prior explicit written consent. Any assignments in violation of the foregoing shall be null and void and of no force or effect. You acknowledge and agree that CloudHost360 may assign its rights and obligations under this Agreement, and may engage subcontractors in performing its duties and exercising its rights hereunder, without your further explicit consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assignees.

[23.4] Independent Contractors. This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.

[23.5] Severability. If any one or more of the provisions contained herein or of the applicable policies of CloudHost360 shall, for any reason, be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such provision(s) will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law. You further agree and understand that the validity of or enforceability of any other provision

(or of such provision, to the extent its application is not invalid or unenforceable) of this Agreement and the policies announced on our site shall not be affected.

[23.6] Force Majeure. With the exception of Customer's payment obligations, neither Party will be responsible for any interruption, delay or another failure to fulfil any obligation under this Agreement resulting from acts of God, storms, flood, riots, fire, acts of civil or military authority, war, terrorism, epidemics, pandemics, shortage of power, telecommunications or internet service interruptions or other acts or causes reasonably beyond the control of that Party.

In the event of an occurrence of a Force Majeure, the Party whose performance is affected thereby shall give to the other Party notice of suspension as soon as reasonably practicable, stating the date and extent of such suspension and the cause thereof, and such Party shall resume the performance of such obligations as soon as reasonably practicable upon the cessation of such Force Majeure and its effects.

During a Force Majeure Event, you shall be entitled to seek an alternative hosting provider at your own cost with respect to the affected Services. If a Force Majeure event continues to exist for more than twenty (20) consecutive days, each Party shall be entitled to terminate the Agreement for affected Services.

[24] CHANGE OF TOS

CloudHost360 may modify these TOS at any time with immediate effect. We will inform you about modifications to the TOS by email. CloudHost360 shall not be liable for your failure to receive an email notification due to an inaccurate email address.

If you do not agree to the changes in the TOS, you must suspend use of the Services and terminate this Agreement within ten (10) business days of receiving notification from us.

To the extent permitted by applicable law, continued use of the Services after you have received a notice for changes to the TOS will be considered as acceptance of such changes and in force in the agreement between the user and CloudHost360, unless you have sent us a termination notice.

Where the change in Terms is required by law or related to the addition of a new service, extra functionality to the existing Service(s) or any other change which neither reduces your rights nor increases your responsibilities, the TOS will be changed without prior notice to you and shall have immediate effect.

No clarification or explanation of the Terms provided by the Parties will have the power to modify the provisions of these TOS.

[25] SURVIVAL

Articles 4, 9.10., 12.6., 16, 17, 18, 21, 22, 23.1., 23.5 and 25 shall survive the termination of this Agreement.

We at CloudHost360 care about your privacy and believe in transparency. Therefore, we only collect the necessary personal information to deliver our services and handle it carefully and sensibly.

This Policy explains our privacy practices for services provided by Radioactive EOOD ("CloudHost360, "we", "us" and "our"). By accepting this Privacy Policy, you agree with collecting, using, and disclosing your personal information following the provision hereunder.

Definitions

‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data;

‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;

‘recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not.

‘third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data;

‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by clear affirmative action, signifies agreement to the processing of personal data relating to him or her;

Principles

CloudHost360 complies with the core principles of personal data processing. The six overall guiding principles are:

• Lawfulness, fairness and transparency
• Purpose limitation
• Data minimisation
• Accuracy
• Storage limitation
• Integrity and confidentiality

What personal data do we collect?

CloudHost360 collects different information depending on how you use the website and interact with us

• Information provided by you: We collect any information you provide in relation to our offerings.
• Automatic Information: We automatically collect certain types of information when you interact with CloudHost360 websites and services.
• Information from Other Sources: We might collect information about you from other sources, including service providers, partners, and publicly
available sources.

Depending on your use of CloudHost360 services, you might supply us with such information as:

• your name, email address, physical address, phone number, and other similar contact information;
• payment information, including credit card and bank account information;
• usernames, aliases, roles, and other authentication and security credential information;
• information regarding identity, including government-issued identification information;
• corporate and financial information;

The automatically collected information includes:

• technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
• information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including the date and time); products you viewed or searched for; page response times, download errors, lengths of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs), methods used to browse away from the page, any phone number used to call our customer service number if you linked to our site from another website, the address of that website, and, if you linked to the site from a search engine, the address of that search engine and the search term you used.

How do we use personal data?

We collect, store and use your personal information for various purposes:

• Customer contact – to contact you regarding the progress of your orders, status of the services, functionality changes to our products and services, and - where you have opted in to receive such information - other/new services, and/or special offers/newsletters we think you might find useful, we use email, telephone, and/or text message, as well as to inform you about hosting account issues, service interruptions or updates, service improvements or new products in accordance with our Terms of Service and applicable law.
• Payment and billing information – we need it together with your contact details, to process your orders, to enter into a contractual agreement for any Services, to invoice you and to fulfil our legal obligations.
• Automated information – to diagnose problems with our servers, to administer our Site and services. This is not linked to any personally prevent fraud or abuse on our Site and systems.
• Analytics tools – to assess the performance and improve our services.
• Information logs – for diagnosing problems, administering our website and resolving issues.
• Other information - to maintain your account and purchased products, to have an accurate record of any inquiries in case of a dispute and to identify certain characteristics that could help us optimize and improve our products and services.

Legal basis

Consent - we will only use your personal data for advertising and marketing, personalisation of content and services, analytical purposes and to track purchases if we have your specific consent to do so. This includes the use of data provided by you and our partners with the ultimate purpose of improving our products and services.

Legitimate interests - the legitimate interests pursued by us are to duly process, deliver and collect the payment for your order, keep relevant records on our relations with customers, analyse website traffic and products/services in use, further develop them and grow our business, without prejudice to adequate preventive measures from fraud, hacks and any data breaches.

Performance of a contract - when you purchase a product or service from us, we will need to process your details in order to supply the item to you.

Legal obligation - we need to process your data to comply with a legal obligation.

Disclosing personal data

We may send personal information such as your name, address and country of residence to our suppliers in order to improve the payment process, reconcile business processes and combat fraud and money laundering.

We will share information with third-party vendors based within the European Union and the United States, Data Center services providers based within the European Union and the United States, external advisors/consultants, business partners, tax, accounting and legal companies, collaborators based within the European Union and the United States, who need to know information about you in order to provide various services on our behalf.

With your explicit consent or at your direction we may share and disclose information you have authorized us to with third parties. We will not, however, sell, rent, share or otherwise disclose personally identifiable information for commercial purposes in any way that is contrary to the commitments made in this Privacy Policy. We will take all reasonable steps to notify you when and what information might go to third parties and you will be able to choose whether to share it or not.

We require all the recipients of your personal data to respect its security and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

We reserve the right to disclose your personal information to comply with applicable laws and government or regulatory bodies' lawful requests for information. The information may also be released because of a legal requirement on us or pursuant to a court order.

How do we store your information?

We may store your information in hard copy or electronic format, in storage facilities which we own and operate ourselves, or that are owned and operated by our service providers. It is possible that some of the information about you that we hold may be transferred to, and stored at, a destination outside the European Economic Area ('EEA') which may not provide the same level of protection as within the EEA. It may also be processed by personnel operating outside the EEA who work for us, one of our service providers or someone else. Any such transfers of personal data outside the EEA will comply with the requirements of the GDPR. By submitting your personal data, you agree to this transfer, storing or processing.

Retention of personal data

Your personal information will not be kept for longer than is necessary to fulfil the specific purposes outlined in this Privacy Policy and to allow us to comply with our legal requirements.

Security measures

We will take all steps we deem to be reasonably necessary to ensure that your information is treated securely and in accordance with this Privacy Policy. We seek to ensure that we keep your personal data accurate and up to date. However, you are responsible for informing us of any changes to your personal data and other information (such as a change in contact details).

While we take these steps to maintain the security of your information, you should be aware of the many information security risks that exist and take appropriate care to help safeguard your information. The nature of the internet is such that we cannot guarantee the security of the information you transmit to us electronically, and any transmission is at your own risk. We store the information you provide to us on secure servers and deploy appropriate technical and organizational security measures in the storage and disclosure of your personal data to try to prevent unauthorized access or loss.

Your rights

Right of access - you have the right to request a copy of the data that we hold about you.

Right of rectification - you have a right to correct data that we hold about you that is inaccurate or incomplete.

Right to be forgotten - you can ask for the data we hold about you to be erased from our records. Right to restriction of processing - you can ask us to restrict how we process your data.

Right of portability - you have the right to have the data we hold about you transferred to another organisation.

Right to object - you have the right to object to our processing your data where we rely on a legitimate interest to process it.

Right to withdraw your consent - you have the right to withdraw your consent at any time.

Please note that these rights are not absolute, and certain exemptions apply.

Our website may contain links to and from third-party websites. Please be advised that we are not responsible for their privacy policies. We strongly recommend reading these privacy statements before you submit any personal data to these websites.

Control over personal information

In case of a change in your personal information, you are responsible for timely updating this data on your account - either manually by logging in or requesting assistance from customer support.

We decline responsibility for any losses arising from your failure to maintain the confidentiality of your data.

If you want to close your account, you need to contact our customer service. We are committed to preserving some of your records for a period not less than five years after the account is closed.

Cookies

We use cookies and similar tracking technologies to track the activity on our website, store certain information, analyse and improve our services.

A cookie is a small file placed on your device. You can instruct your browser to refuse all cookies or indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some parts of our services. Cookies can be "Persistent" or "Session". Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as the web browser is closed.

We use both Session and Persistent cookies to provide you with services available through the website and enable some of their features. Cookies help to authenticate users and prevent fraudulent use of user accounts. They also remember your choices when you use the website, such as remembering your login details or language preference.

The cookies allow us to track traffic to the website and how users use the website. The information gathered via these cookies may directly or indirectly identify you as an individual visitor. We may also use it to test new pages, features, or new website functionality to see how our users react to them.

Notification of changes

From time to time, we may make changes to this Privacy Policy. This may be in relation to changes in the law, best practices or changes in our services. The latest effective date will be highlighted at the top of the policy information.

Resolving complaints

If you have concerns about the way CloudHost360 is handling your personal information, please let us know immediately by sending an email at privacy@cloudhost360.bg

In the EU you also have the right to direct questions or lodge a complaint about our treatment of your personal information with our supervisory body for data protection - the Commission for Personal Data Protection (CPDP), at any time at:

Address: 2 Prof. Tsvetan Lazarov Blvd., Sofia 1592

Е-mail: kzld@cpdp.bg

Web-site: www.cpdp.bg

THIS DATA PROCESSING AGREEMENT ('DPA') GOVERNS THE DATA PROCESSING OPERATIONS BETWEEN THE CUSTOMER ('DATA CONTROLLER') AND RADIOACTIVE EOOD WITH COMPANY NUMBER BG203435508 ('DATA PROCESSOR'). BY ENTERING A COMMERCIAL AGREEMENT THAT REFERENCES THIS DPA, THE CUSTOMER AGREES TO THE TERMS AND CONDITIONS OF THIS DPA.

[1] BACKGROUND

[1.1] The Data Controller and the Data Processor have entered into the above-mentioned Commercial Agreement ('Agreement') under which the Data Processor shall provide certain services to the Data Controller. Within the scope and for the purpose of the performance of the services defined in the Agreement, the Data Processor will process besides other data potentially Personal Data on behalf of the Data Controller.

[1.2] The Data Controller and the Data Processor have entered into this DPA in order to fulfil the requirement of a written agreement between a data controller and a data processor of Personal Data as set out in Applicable Data Protection Legislation. In addition to what may be set out in the Agreement, the following shall apply in relation to the Data Processor's processing of Personal Data on behalf of the Data Controller. Data subjects, data categories as well as the extent, nature and purpose of data processing are determined by the Agreement, Appendix 1 to this DPA and the Data Controller's instructions.

[2] DEFINITIONS

All terms used in this DPA are to be understood in accordance with the EU General Data Protection Regulation ((EU) 2016/679 'GDPR'), unless otherwise expressly agreed. The following terms and expressions in this DPA shall have the meaning set out below:

'Applicable Data Protection Legislation' means any national or internationally binding data protection laws or regulations (including but not limited to the GDPR and the Austrian Data Protection Act ('DSG')) including any requirements, guidelines and recommendations of the competent data protection authorities applicable at any time during the term of this DPA to, as the case may be, the Data Controller or the Data Processor;

'Data Controller' means the legal person which, alone or jointly with others, determines the purposes and means of the processing of Personal Data under this DPA;

'Data Processor' means a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Data Controller under this DPA;

'Sub-processor' means any legal or natural person, including any agents and intermediaries, processing Personal Data on behalf of the Data Processor as set forth in Art 28 (2) and (4) GDPR and section 4.1 below;

'Personal Data' means any information relating to an identified or identifiable living, natural person ('data subject') as set forth in Art 4 (1) GDPR;

'Processing' means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means as set forth in Art 4 (2) GDPR.

[3] PROCESSING OF PERSONAL DATA

[3.1] The Data Processor and any person acting under its authority (e.g. personnel, Sub-processors and persons acting under the Sub-processor's authority) undertake to only process Personal Data in accordance with documented instructions communicated by the Data Controller (Appendix 1). The Data Processor shall only process Personal Data to the extent necessary to fulfil its obligations under this DPA or Applicable Data Protection Legislation.

[3.2] If the services are altered during the term of the Agreement and such altered services involve new or amended processing of Personal Data, or if the Data Controller's instructions are otherwise changed or updated, the parties shall ensure that Appendix 1 is updated as appropriate before or at the latest in connection with the commencement of such processing or change.

[3.3] When processing Personal Data under this DPA, the Data Processor shall comply with any and all Applicable Data Protection Legislation and applicable recommendations by competent Data Protection Authorities or other competent authorities and shall keep itself updated on and comply with any changes in such legislation and/or recommendations. The Data Processor shall accept to make any changes and amendments to this DPA that are required under Applicable Data Protection Legislation.

[3.4] The Data Processor shall assist the Data Controller in fulfilling its legal obligations under Applicable Data Protection Legislation, including but not limited to the Data Controller's obligation to comply with the rights of data subjects and in ensuring compliance with the Data Controller's obligations relating to the security of processing (Art. 32 GDPR), the notification of a Personal Data Breach (Art 33, 34 GDPR) and the Data Protection Impact Assessment and the prior consultation (Art 35, 36 GDPR), obligation to respond to requests for exercising the data subject's rights to information regarding the processing of its Personal Data. The Data Processor shall not carry out any act, or omit any act, that would cause the Data Controller to be in breach of Applicable Data Protection Legislation.

[3.5] The Data Processor shall immediately inform the Data Controller of a request, complaint, message, or any other communication received from a competent authority or any other third party regarding the processing of Personal Data covered by this DPA. The Data Processor may not in any way act on behalf of or as a representative of the Data Controller and may not, without prior instructions from the Data Controller, transfer or in any other way disclose Personal Data or any other information relating to the processing of Personal Data to any third party, unless the Data Processor is required to do so by law. The Data Processor shall assist the Data Controller in an appropriate manner to enable him to respond to such a request, complaint, message or other communication in accordance with Applicable Data Protection Legislation. In particular, the Data Processor shall not publish any submissions, notifications, communications, announcements or press releases in the event of a breach of data protection as defined in section 6.3. In the event that the Data Processor, according to applicable laws and regulations, is required to disclose Personal Data that the Data Processor processes on behalf of the Data Controller, the Data Processor shall be obliged to inform the Data Controller thereof immediately, unless prohibited by law.

[4] SUB-PROCESSORS

[4.1] The Data Controller authorizes the Data Processor to engage the Sub-processors. All Subprocessors authorized by the Data Controller shall be acting under the authority and be subject to direct instructions of the Data Controller. A list of the current Sub-processors is set out in Appendix 1 for the purposes specified therein. The Data Processor shall notify the Data Controller in writing in advance of any changes, in particular before engaging other Sub-processors in which event the Data Processor shall without undue delay and at the latest 8 weeks prior to transferring any Personal Data to a Sub-processor, inform the Data Controller in writing of the identity of such Subprocessor as well as the purpose for which it will be engaged.

[4.2] The Data Controller at its own discretion may object to any such changes within 8 weeks after the Data Processor's notice.

[4.3] The Data Processor shall impose by a written agreement, which includes an electronic form, on all Sub-processors processing Personal Data under this DPA (including inter alia its agents, intermediaries and sub-contractors) the same obligations as apply to the Data Processor, in particular the obligations defined in section 4.1 (in particular, the procedure of notification to Data Controller and Data Controller's right to issue direct instructions to Sub-processors) and section 4.2 of this DPA.

[5] TRANSFER TO THIRD COUNTRIES

[5.1] The location(s) of the intended or actual processing of Personal Data is set out in Appendix 1. The Data Processor must not transfer or otherwise directly or indirectly disclose Personal Data outside the European Economic Area without the prior written consent of the Data Controller (which may be refused or granted at its own discretion) and ensure that the level of protection of natural persons guaranteed by the GDPR and as set forth in this DPA is not undermined. Unless otherwise agreed between the Parties, adequate protection in the receiving country shall be secured through an agreement incorporating the European Commission's Standard Contractual Clauses.

[6] SECURITY OF PROCESSING

[6.1] As set forth in Appendix 2, the Data Processor guarantees to implement and uphold appropriate technical and organizational measures according to the current state of the art to ensure an appropriate level of security for the Personal Data and shall continuously review and improve the effectiveness of its security measures. The Data Processor shall protect the Personal Data against destruction, modification, unlawful dissemination, or unlawful loss, alteration or access. The Personal Data shall also be protected against all other forms of unlawful processing. Having regard to the state of the art and the costs of implementation and taking into account the nature, scope, context and purposes of the processing as well as the risk of varying likelihood and severity for the rights and freedoms of data subjects, the technical and organizational measures to be implemented by the Data Processor shall include, as appropriate:

• the pseudonymization and encryption of Personal Data;
• the ability to ensure the ongoing confidentiality, integrity, availability and resilience of systems and services processing Personal Data;
• the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident;
• and a process for regularly testing, assessing, and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.

[6.2] he Data Processor shall without undue delay notify the Data Controller of any accidental or unauthorized access or supposed access to Personal Data or any other actual or supposed, threatened or potential security incidents (Personal Data Breach) after becoming aware of such incidents. The notification shall be in written form and shall at least:

• describe the nature of the Personal Data breach including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of Personal Data records concerned;
• communicate the name and contact details of the data protection officer or another contact point where more information can be obtained;
• describe the likely consequences of the Personal Data Breach;
• describe the measures taken or proposed to be taken by the controller to address the Personal Data Breach, including, where appropriate, measures to mitigate its possible adverse effects;
• include any other information available to the Data Processor which the Data Controller is required to notify the Data Protection Authorities and/or the data subjects.

[6.3] The Data Processor will furthermore provide reasonable assistance requested by the Data Controller for the Data Controller to investigate the Personal Data Breach and notify it to the Data Protection Authorities and/or the data subjects as required by Applicable Data Protection Legislation.

[6.4] In addition, the Data Processor shall at its own expense immediately take necessary measures to restore and/or reconstruct Personal Data that has been lost, damaged, destroyed or corrupted as a result of the Personal Data Breach.

[6.5] The Data Processor undertakes to not disclose or otherwise make the Personal Data processed under this DPA available to any third party, without the Data Controller's prior written approval. This section 6.5 shall not apply if the Data Processor is required by applicable laws and regulations to disclose Personal Data that the Data Processor processes on behalf of the Data Controller, in which case what is set out in section 3.5 shall apply.

[6.6] The Data Processor undertakes to ensure that access to Personal Data under this DPA is restricted to those of its personnel who directly require access to the Personal Data in order to fulfill the Data Processor's obligations in accordance with this DPA and the Agreement. The Data Processor shall ensure that such personnel (whether employees or others engaged by the Data Processor) (i) has the necessary knowledge of and training in the Applicable Data Protection Legislation to perform the contracted services; and (ii) is bound by a confidentiality obligation concerning the Personal Data to the same extent as the Data Processor in accordance with this DPA.

[6.7] The Data Processor requires all of its personnel (employees and Sub-processors) authorized to process Personal Data not to process Personal Data for any other purpose, except on instructions from the Data Controller or unless required by applicable law. The Data Processor shall ensure that this confidentiality obligation extends beyond the termination of employment contracts, Sub- Page 4 of 6 processor contracts, service contracts or the termination of this DPA. This confidentiality obligation shall remain in force after the expiry or termination of the DPA.

[7] AUDIT RIGHTS

[7.1] The Data Processor shall allow the Data Controller or an external auditor mandated by the Data Controller to conduct audits, investigations and inspections on data protection and/or data security ('audit') in order to ensure that the Data Processor or Sub-processors are able to comply with the obligations under this DPA and Applicable Data Protection Legislation and that the Data Processor or Sub-processors have undertaken the required measures to ensure such compliance.

[7.2] The Data Processor makes available all information necessary to demonstrate compliance with this DPA and Applicable Data Protection Legislation and assists the Data Controller in the performance of audits.

[8] INDEMNIFICATION

The Data Processor shall indemnify and hold harmless the Data Controller upon the Data Controller's first demand insofar as third parties (Data subjects in particular) make claims against the Data Controller on the grounds of an infringement of their personal rights or of data protection law where such infringement is caused by actions of the Data Processor in intentional or gross negligent violation of this DPA. The obligation to indemnify is - except in cases of willful intent or in relation to personal injuries or death - capped with the amount of fees paid by the Controller in the 12 (twelve) months immediately before the infringing incidence.

[9] TERM

[9.1] The term of this DPA follows the above-mentioned Agreements.

[9.2] Tn case of a termination of the Agreement, this DPA shall remain in force as long as the Data Processor processes Personal Data for the Data Controller.

[9.3] TThe Data Controller may terminate the Agreement without notice as a result of a breach of the obligations under this DPA by the Data Processor or one of its Sub-processors.

[10] NOTICES

[10.1] Any notice or other communication to be provided by one party to the other party under this DPA, shall be provided in accordance with the notices provision of the Agreement.

[10.2] In case the Data Processor determines that any instruction to process data of the Data Controller violates Applicable Data Protection Legislation or substantial provisions of this DPA (including technical and organizational measures), it will immediately inform the Data Controller thereof.

[11] MEASURES UPON COMPLETION OF PROCESSING OF PERSONAL DATA

[11.1] Upon expiration or termination of this DPA, the Data Processor shall delete or return all Personal Data (including any copies thereof) to the Data Controller, as instructed by the Data Controller, and shall ensure that any Sub-processors do the same unless otherwise required by applicable law. When returning the Personal Data, the Data Processor shall provide the Data Controller with all necessary assistance.

[11.2] Upon request by the Data Controller, the Data Processor shall provide written notice of the measures taken by itself or its Sub-processors with regard to the deletion or return of the Personal Data upon the completion of the processing.

[12] FINAL PROVISIONS

[12.1] If the Data Controller and the Data Processor have entered into additional agreements in conflict with this DPA, the provisions of this DPA regarding the processing of Personal Data shall take priority. All other conflicting provisions shall be governed by the provisions of the Commercial Agreement.

[12.2] This DPA is governed by the law of the Republic of Bulgaria. In the event of all disputes arising from a contract - including disputes about its existence or non-existence - the courts with subjectmatter jurisdiction at the registered seat of the Data Processor shall be the exclusive forum. If a provision or parts of a provision in this DPA is or becomes ineffective under applicable legislation, this will not affect the effectiveness and validity of the remaining provisions. The Page 5 of 6 contracting parties will replace it with a provision that, in terms of content, is as close as possible to the ineffective provision.

Appendix 1 - Data Processing Instructions

Appendix 2 - Technical and Organizational Measures (“TOMs”)

The Data Processor confirms that the implemented technical and organizational measures provide an appropriate level of protection for the Data Controller's Personal Data considering the risks associated with the processing.

[1] APPLICATION: Cookie Statement

[1.1] These TOS apply to all Services provided by CloudHost360 to you throughout the entire Term or Renewal Term. The TOS consist of the following: Terms of Service, Acceptable Use Policy (AUP), Privacy Policy and Data Processing Agreement (DPA). Collectively these documents are referred to herein as the "TOS." They are referred to by their individual names if a particular paragraph applies to that document alone.

[1.2] The TOS, together with your Order, represent the entire Agreement relating to the Services and supersedes any other agreement previously established between you and CloudHost360 . Placing an order to CloudHost360 constitutes acceptance by you of these TOS.