CGU / CGV

Object

Under Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the OuiHeberg site are informed of the identity of the various stakeholders within the framework of its implementation and monitoring: The purpose of these conditions is to define the technical conditions and financial services in which OuiHeberg undertakes to host the client's services on its platform. The customer expressly acknowledges that OuiHeberg does not participate in the sense hereof in the design, the development, implementation and implementation of the client's website and its IT tools management and administration.

Owner: OuiHeberg SARL
SIRET: 888 341 997 00011
Publication manager: OuiHeberg SARL - [email protected]
The publication manager is a natural person or a legal person.

General conditions of use of the site and the services offered

The use of the ouiheberg.com site implies full acceptance of the conditions general terms of use described below. These conditions of use are likely to be modified or supplemented at any time, the users of the ouiheberg.com site are therefore invited to consult them on a regular basis. The ouiheberg.com site can be updated at any time moment, as well as for these conditions.

Site content

Any copy, reproduction, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited without written authorization prior to the owner.

Links and cookies

The ouiheberg.com site provides hypertext links to other sites on various pages. Since it is impossible to verify the content of the sites thus visited, the owner can not be held responsible and declines all responsibility. Navigation on this site is likely to cause the installation of cookie (s) on the user's computer. A cookie is a small file, which does not allow identification of the user, but which records information relating to the navigation of a computer on a site. The data as well obtained are intended to facilitate subsequent navigation on the site, and are also intended to allow various measures of attendance. Refusing to install a cookie may make it impossible to access certain services. However, the user can configure their computer as next, to refuse the installation of cookies: In Internet Explorer: tool tab (pictogram in the form of a cog at the top right) / internet options. Click on Privacy and choose Block all cookies. Validate on Ok. In Firefox: at the top of the browser window, click on the button Firefox, then go to the Options tab. Click on the Privacy tab. Configure the retention rules on: use custom settings for history. Finally uncheck it to deactivate the Cookies. In Safari: Click at the top right of the browser on the menu pictogram (symbolized by a cog). Select Settings. Click Show advanced settings. In the “Confidentiality” section, click Content Settings. In the “Cookies” section, you can block cookies. Under Chrome : Click at the top right of the browser on the menu pictogram (symbolized by three horizontal lines). Select Settings. Click Show advanced settings. In the “Confidentiality” section, click on preferences. In the "Confidentiality" tab, you can block cookies.

Responsibility

The owner cannot be held responsible for direct and / or indirect damage caused to the user's equipment when accessing the ouiheberg.com site and resulting either from the use of equipment or from the occurrence of a bug or incompatibility. It can also not be held liable for indirect damages (such as for example a loss of market or loss of opportunity) resulting from the use of this site. The owner reserves the right to question the user's civil and / or criminal liability, particularly in the event of a racist, abusive, defamatory or pornographic message, whatever the medium used (text, photography, etc.) . The provision of erroneous personal information, in particular for the purpose of attempting to obtain a domain name in an almost anonymous manner, is prohibited and will directly result in the termination of the account and of the related domain name (s). The client will bear all the consequences, of whatever nature, including pecuniary, in the event that he has not received a mandate from the persons whose names and contact details he transmits for registration purposes. 'a domain name. The customer will also remain responsible for all facts and acts relating to the registered domain name, in the event that a user license is granted to a third party. It is therefore up to the client to carry out any useful verification himself as to the use of the domain name in accordance with the rules of ICANN, the supervisory authority, and the contractual rules decreed by OuiHeberg. The customer undertakes, where applicable, to comply with the out-of-court dispute settlement procedure applicable to the disputed area.

Jurisdiction

Any dispute in connection with the use of the ouiheberg.com site is subject to French law. It is made attributedexclusive jurisdiction to the competent courts of Paris.

Main laws concerned

Law n ° 78-17 of January 6, 1978, notably amended by law n ° 2004-801 of August 6, 2004 relating to data processing, files and freedoms. Law n ° 2004-575 of June 21, 2004 for confidence in the digital economy.

Newsletter

Each action on the site (via the forms) leads you to accept the receipt of a regular newsletter. You can unsubscribe at any time.

Hosting - VPS / Dedicated

OuiHeberg provides the customer with a virtual VPS hosting infrastructure and an Internet connection, the technical characteristics of which are described online on the OuiHeberg website for a defined total monthly or annual amount, allowing the customer to benefit from a high-speed, multi-use technical platform permanently connected to the Internet. The customer benefits from a management panel allowing him to manage the service, it is only available under the Linux operating system. The customer could not engage the responsibility of OuiHeberg in the event that his operating system is not compatible. OuiHeberg is not obligated to provide technical support on the VPS server operating system or software.

Domain names

The customer proceeds to his detailed registration on the OuiHeberg site. It provides on this occasion all the elements likely to proceed to the registration of the requested domain name. It will also provide the addresses of the primary and possibly secondary servers for the chosen domain name. Completion of the entire form determines the admissibility of the registration procedure. Any missing information on the form will cause the registration to fail. The Customer ensures that he has received a mandate from all the persons whose contact details he discloses, not only for the registration and communication of names and contact details, but also for their collection and publication on the Internet. The indication by OuiHeberg of the availability of the domain name on its site is purely indicative. The same applies to the booking confirmation made by email as soon as the registration formalities have been completed and the payment registered. Only the validation of OuiHeberg after verification and effective registration by the registry or by the supervisory authority will be worth registration. This validation is made 2 working days maximum after confirmation, except for particular difficulties. Requests will be transmitted by OuiHeberg to the registry or to the supervisory authority. It is up to the customer to regularly check the availability or not of the desired domain names, which availability cannot be established in real time by the databases, in particular those of “Whois”. OuiHeberg is in no way responsible for the data contained in the Whois database or any equivalent database, nor for their updates. In the event that OuiHeberg would not be able to perform the service ordered by the customer (change of registrar, owner, etc.) due to a failure by the customer whatever the nature (provision of supporting document, correction of erroneous information ...), OuiHeberg reserves the right to cancel the order. The Customer declares the information transmitted to OuiHeberg as being accurate and exempts it from any verification on this point. He undertakes, in the event of a change in any of the data previously transmitted on the occasion of the registration or renewal of a domain name, to notify OuiHeberg of this modification within two working days of from its occurrence, by email to the following address: [email protected], or through its customer area. OuiHeberg reserves the right to suspend at any time the domain name whose contact details appear to be false.

Operation

The OuiHeberg platform is accessible to the public through the Internet worldwide. OuiHeberg guarantees access to the website under conditions of reasonable traffic and access to mailboxes under normal conditions of use.

DDOS attacks

OuiHeberg further reserves the right to block the customer's user account, or access to the customer's website, if his or her user behavior or behaviort users of the customer's website (such as a large number of simultaneous accesses to the client's website with a DDOS * attack) in any way interferes with the operation of the service, or the client's website. OuiHeberg informs the customer of the necessary blocking, respectively carried out (as far as possible according to the resources of the company and the concrete circumstances) in advance, or as soon as this takes effect. Article 323-2 of the Penal Code: Obstructing or distorting the operation of an automated data processing system is punishable by five years' imprisonment and a fine of 75,000 euros.

Definitions

User: Internet user connecting, using the aforementioned site. Personal information: "information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (article 4 of law n ° 78-17 of January 6, 1978). / p>

Objects & contracts

These General Terms and Conditions of Sale and Use govern the framework within which OuiHeberg provides the customer with the service to which the Customer has subscribed. These General Conditions of Sale and Use are governed by French law. (Art 15) These General Conditions of Sale and Use may be supplemented by Special Conditions. The creation of a customer account on OuiHeberg implies full understanding and acceptance by the customer of these General Conditions of Sale and Use. No tolerance on the part of OuiHeberg in the execution of these general conditions of sale and use can be interpreted as a waiver at the end of these or of the applicable special conditions. In application of articles 1316 et seq. Of the Civil Code and, where applicable, of article L.110-3 of the Commercial Code, the parties declare that the information indicated in the customer area and these general conditions of sale are faith between the parties.

General conditions of use of the site and the services offered

The use of the ouiheberg.com site implies full acceptance of the conditions general terms of use described below. These conditions of use are likely to be modified or supplemented at any time, the users of the ouiheberg.com site are therefore invited to consult them on a regular basis. The ouiheberg.com site can be updated at any time moment, as well as for these conditions.

Definitions and parts

OuiHeberg: Owner, publisher and full supplier of the services concerned by this contract and made available to the customer. Customer: Natural or legal person holding a customer account, user (or not) of one (or more) service (s) offered by OuiHeberg.

Registration

When a person has successfully completed the account creation form on the registration page, he automatically accepts these conditions (T & Cs and T & Cs), he then becomes the holder of his account. The customer thus undertakes to justify his identity and his exact contact details by providing supporting documents (identity card, passport, etc.). Following the creation of the Client's Account, the latter receives an email acknowledging receipt of the opening of his account containing the information necessary to connect to his account. The customer fully authorizes OuiHeberg to collect and use their personal data in accordance with the OuiHeberg privacy policy. If the client is under the age of 18, he certifies on his honor to fully benefit from the agreement of at least one of his legal representatives before opening an account on OuiHeberg. Its legal guardian then fully authorizes OuiHeberg to collect its personal data and use it in accordance with OuiHeberg's privacy policy. The customer can request all of his data from OuiHeberg at any time in order to ensure portability. OuiHeberg reserves the right to carry out identity checks at any time by requesting administrative documents (proof of address, identity document, etc.). In the event that the Client intentionally provides false, inaccurate, outdated or incomplete identifying information, OuiHeberg may result in the immediate suspension of the Client's service (s), without notice. A minor can open a customer account with OuiHeberg on the condition that he has the explicit consent of his legal guardians. Therefore, OuiHeberg cannot be held responsible for purchases made by a minor.

Duration and renewal of the contract

The services are renewed automatically for an indefinite period, unless you have made a cancellation request. In the absence of payment of the renewal price before the expiration of the customer's service (s), OuiHeberg cannot renew them. The customer will thus be alerted by email. OuiHeberg will allow itself to permanently delete the customer's data after 7 days in the event ofunpaid debts from the anniversary date of the renewal.
Generation of the invoice: 10 days before the due date of the service.
1st payment reminder: 5 days before the due date of the service.
1st unpaid reminder: 1 day after the due date of the service.
Suspension of the service: 1 day after the expiry date of the service.
10% late penalties: 2 days after suspension of service.
2nd unpaid reminder: 3 days after the due date of the service.
Termination of the service: 7 days after the expiration date of the service.
Any request for renewal after the expiration of a domain name may result in delays in the effective putting online of the service as well as costs. The customer acknowledges the right of OuiHeberg to modify the renewal price of his purchased domain, corresponding to variations in the exchange rate (Euro / Dollars; Euro / Pound Sterling; Euro / Swiss Franc, etc.). OuiHeberg reserves the right to terminate the contract on its expiry date if it considers that this could affect the proper functioning of its structure.

Right of withdrawal and refund

According to Article L.121-28 of the Consumer Code, the customer expressly waives his right of withdrawal. OuiHeberg, grants the right to issue a full refund within 14 days of ordering. Beyond this period, the customer will not be able to claim any reimbursement. To benefit from the refund, the customer must contact OuiHeberg by phone only. In the event of a refund, you agree that these will be in the form of a credit note. OuiHeberg does not reimburse in any case by the means of payment used in the case of the above process. Domain names are neither refundable nor exchangeable whatever the situation encountered. The customer will not be able to claim any reimbursement from OuiHeberg in the event of misuse of the product or following a suspension of service.

Right of withdrawal and refund for the purchase of a domain name

Insofar as the choice of a domain name by the customer is his own, both because of the name and the extension chosen, the customer recognizes that this domain name constitutes a tailor-made good or has at the very least clearly personalized. Therefore, the customer does not benefit from any right of withdrawal under the contract, in accordance with Article L121-21-8 3 ° of the Consumer Code

Customer responsibility

The customer is solely responsible for the content hosted on the services made available by OuiHeberg, he undertakes to ensure at his own expense the defense of OuiHeberg in the event that the latter is the subject of a claim, relating to data, information, messages etc.…, and to bear the compensation due in compensation for any damage suffered, on condition of having complete freedom to compromise and conduct the procedure. The Client declares that he fully accepts all legal obligations arising from the ownership of his services. OuiHeberg cannot be investigated or worried in this regard for any reason whatsoever, in particular in the event of a violation of laws or regulations applicable to the Client's services. The client undertakes to respect the people who work at OuiHeberg. In the event of non-compliance, the customer will no longer be able to receive help from OuiHeberg via support. The customer also exposes himself therefore to the suspension of his services without notice or formality. In the event that the client calls on various people for the financing of his services, only the client remains the owner of the service. The customer agrees not to use the functionalities of the service to send messages in large numbers (SPAM), to people who do not wish to receive them or to incorrect addresses. As such, OuiHeberg reserves the right to set up software tools on the service concerned to prevent these practices. The Customer agrees to put in place the necessary safeguards for the sustainability of his activity. The Customer is solely responsible for the use of his password and undertakes to keep it secret and not to disclose it. OuiHeberg is not responsible for lost passwords or hacks. In this case, the customer agrees to do what is necessary as soon as possible.

Availability of services

OuiHeberg will inform the customer, as far as possible, within a reasonable time of any interruption in the service, so that the customer can make arrangements. The Customer declares and guarantees that he is fully aware of the characteristics and constraints of the Internet, and in particular that data and information transmissions over the Internet benefit only from relative technical reliability. These circulate on heterogeneous networks with various characteristics and technical capacities, which disrupt access or make it impossible at certain times. OuiHeberg makes every effort to maintain all of its services 7 days a week, 24 hours a day, but is under no obligation to do so. OuiHeberg may therefore interrupt access, in particular for reasons of maintenance and upgrading, or for any other reasons, in particular technical. OuiHeberg is in no way responsible for these interruptions and the consequences that may result for the Customer or any Third Party. Yes Heberg reserves the right to interrupt aservice, in particular if the service in question constitutes a danger for the maintenance of its platform. OuiHeberg disclaims all express or implied warranties, including any warranties of value, quality, correspondence to the description, or fitness of the OuiHeberg site for a particular purpose. OuiHeberg does not warrant that the use or the result of the use of material available through OuiHeberg or third party sites will be correct, accurate, timely, reliable or of any quality. OuiHeberg reserves the right to block one person from the entire infrastructure in the event of DDOS, for a limited or unlimited time. OuiHeberg sets up a backup service. However, the customer agrees to make his own backups. OuiHeberg is under no obligation to make the backups available to the customer free of charge.

Paysafecard

All payments made by Paysafecard are refunded in credit.

Hosting service

For hosting offers, all content, whether accessible or not, is prohibited, such as:
- Files subject to intellectual property laws and for which the client does not have the necessary consent for distribution.
- P2P links whose content is subject to intellectual property laws and for which the client does not have the necessary consent for distribution from the author. - Offensive, defamatory, racist, xenophobic files (etc ...)
- Files inciting discrimination, committing any offense.
- The use of VPS servers or dedicated servers for crypto mining.
The customer agrees not to include redirection of his domain (including any type of hypertext links) to sites disseminating illegal content or as indicated above. The sending of electronic mails (email) through the OuiHeberg services is not limited in the case of normal, non-automated use. The sending of electronic mails (email) through the OuiHeberg services is limited, to avoid any abuse, to twenty thousand sends (number of electronic mails) per day in the case of the use of any mechanism of automated dispatch. Sending unsolicited e-mail (SPAM) through the OuiHeberg services is strictly prohibited and penalized. This may result in the immediate closure without notice of the account concerned. All sending of grouped e-mails must be carried out with the prior consent of the recipients. All canvassing e-mails are prohibited, whatever the nature of the sender, as long as the sender has not requested receipt. In all the cases mentioned above, OuiHeberg may terminate the accommodation contract concerned without notice and without payment of compensation. The customer is SOLELY responsible for the content of all information hosted on his account as well as for the dissemination of this information. In any case OuiHeberg can not be held responsible for a breach of French or other laws that the customer may have violated.

Shared web offers

In the context of shared web hosting, the customer agrees to respect certain rules for the good of everyone. In order to avoid server saturation, you must not:
- Run any process requiring more than 2.9ghz of CPU resources, more than 32gb of RAM, more than 420 consecutive seconds of CPU usage, or using more than 95% of all the resources of a physical server, no matter what when.
- Run programs in server-side mode on the server. This includes all kinds of daemons, like IRCD. Run any binary program other than those made available by OuiHeberg.
- Make any use other than the POST, GET, OPTIONS, PUT requests necessary for the proper functioning of a website.
- Consume more than 10000pps, at the same time, on the network interface of the server hosting your site.
- Store or host a file whose unique size isst greater than 50go. Create a directory containing, on its own, more than 20,000 files (this is particularly the case with uncontrolled cache systems which induce massive writing of small files, saturating and reducing the performance of a hard disk). Use more than 500,000 inodes on the same web hosting space.
- Run softwares (eggdrops for example) having a connection with an IRC network (Internet Relay Chat).
- Make use of the services made available by OuiHeberg as a direct or indirect backup solution, or as a third-party service.
- Web hosting must not be used for other purposes than hosting websites or any related service (such as messaging). Any other use is prohibited by our general conditions.
- The databases serve only the websites hosted in the OuiHeberg infrastructure and must not be subject to any external access. Exterior access is possible for development use. Is understood as development use, a marginal access to a single IP address of an Internet access provider.
- Make use of all or part of the services made available by OuiHeberg in addition to hosting services provided by a third party. Generally, the customer is warned of overconsumption without his site being deactivated. However, OuiHeberg reserves the right of immediate suspension without notice if this seriously endangers the stability of the installations. The subletting of a shared web hosting space is strictly prohibited by our services. It will be liable to suspension and then to destruction of the account concerned. The guest will then be alerted by email. - Only site creators or webmasters can offer value-added services for their customers. - In any case, the "one-stop-shop", shared web hosting of OuiHeberg should not be used as a basis for the creation of a third party hosting service, whatever its nature, its technical or commercial destination. /> - The use of quotas for the storage of backups or photos / mass media is prohibited on all offers without the prior written consent of OuiHeberg.

Unlimited mutualized offer

The shared web offer described as "Unlimited" is offered to customers via the "web hosting and database" section. This offer provides customers with disk space that can reach a maximum of 300GB for hosting websites only. The use of quotas for the storage of backups or photos / mass media is prohibited on all offers without the prior written consent of OuiHeberg.

Delivery of services

OuiHeberg will use all diligence to deliver the services ordered within a maximum of 72 working hours after payment of the invoice. Factors may cause delays on final delivery beyond OuiHeberg's control.

Hosted content

OuiHeberg is in no way responsible for files hosted on its servers, only the customer being responsible. OuiHeberg does not accept sites of a defamatory or pornographic nature, containing illicit data, copyrighted documents, constituting threats or detrimental to good morals and the proper functioning of its servers. OuiHeberg reserves the right to seek compensation for any damage suffered. OuiHeberg is in no way responsible for the failures of files hosted by the client. In the event of copyright infringement, OuiHeberg reserves the right to suspend the service in question.

Payments and disputes

The customer agrees to contact OuiHeberg by email ([email protected]) before opening a dispute with a payment or collection company in order to settle it amicably. OuiHeberg reserves the right to charge the customer 40 € for processing fees when the customer opens a dispute with a payment or collection company if he has not contacted OuiHeberg first.er. In the event of a stop payment, OuiHeberg reserves the right to invoice processing fees payable by the customer in the amount of 40 €, as well as to open a recovery file and / or legal proceedings in order to to recover the funds. In the event of a dispute, OuiHeberg reserves the right to cut off all customer services without notice. In addition, if this dispute does not result in access to the service (s) will remain restricted and cannot be put back into service. In the event of a paypal dispute from a bank, OuiHeberg reserves the right to transcribe the administrative costs from the bank to the customer (€ 16 per transaction). OuiHeberg reserves the right to use a collection company. The collection costs will be borne by the customer.

Modification of services

It is reminded that OuiHeberg may terminate or modify the characteristics of its services at any time, and without notice for any reason. OuiHeberg reserves the right to terminate a free account at any time without reason.

Non-respect of the contract

OuiHeberg reserves the right to temporarily or permanently suspend or even terminate the client's services in the event of non-compliance with these conditions. The customer's account will thus be automatically terminated automatically without notice, without delay, without any formality and without prejudice to any damages for OuiHeberg. Once registered, the customer undertakes to act diligently to respond to any complaint. It will hold OuiHeberg indemnified at all times at first request against any action, procedure, complaint, request, legal fees, expertise, tax costs, sums judged, damages whatever their origin, direct or indirect, and all advances made, related to non-compliance by the customer with any of the commitments defined herein and / or the use of the services. OuiHeberg reserves the right to terminate, without notice, access to the services used by the customer in the event of a DDOS attack thanks to the services made available by us.

Modification of the contract

OuiHeberg reserves the right to modify these conditions without notice. They are updated regularly on this same page, so it is up to everyone to read them regularly. If the customer does not agree with the update of these conditions, he must send an email to [email protected] but accepts that his customer account as well as all contracts and related services be terminated without notice for non-compliance. of the contract.

Support and complaints

If the customer has a problem or has any questions, they can contact OuiHeberg support by phone, liveTchat, or tickets. In the event of insults and / or harassment, OuiHeberg reserves the right to temporarily or permanently suspend the customer's access to support

Applicable law

All OuiHeberg services, their terms, the website and its content are governed by French law, regardless of the place of use. In the event of a dispute, after failure of an amicable solution, the French courts will have sole jurisdiction to recognize and deal with this dispute.