General terms of use and sale

Purpose

Pursuant to Article 6 of French 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 parties involved in its creation and monitoring: These terms define the technical and financial conditions under which OuiHeberg undertakes to host the client's services on its platform. The client expressly acknowledges that OuiHeberg does not take part, within the meaning of these terms, in the design, development, production, and deployment of the client's website and its IT management and administration tools.

• Owner: OuiHeberg SARL
• SIRET: 888 341 997 00029
• Publication manager: OuiHeberg SARL - contact[@]ouiheberg.com

The publication manager is a natural person or a legal entity.

General terms of use for the site and services offered

Use of the ouiheberg.com site implies full acceptance of the terms of use described below. These terms of use may be modified or supplemented at any time, so users of the ouiheberg.com site are invited to consult them regularly. The ouiheberg.com site may be updated at any time, as may these terms.

Site content

Any copying, reproduction, modification, publication, or adaptation of all or part of the elements of the site, by any means or process, is prohibited without the owner's prior written authorization.

Links and cookies

The ouiheberg.com site provides hyperlinks on various pages to other sites. Since it is impossible to verify the content of the sites thus visited, the owner cannot be held responsible and disclaims all liability. Browsing this site may result in the installation of cookie(s) on the user's computer. A cookie is a small file that does not allow user identification, but records information relating to the navigation of a computer on a site. The data obtained are intended to facilitate subsequent navigation on the site, and also to enable various traffic measurements. Refusing the installation of a cookie may make it impossible to access certain services. The user can however configure their computer as follows to refuse the installation of cookies:

Internet Explorer: Tools tab (gear icon at the top right) / Internet Options. Click Privacy and choose Block all cookies. Confirm with OK.

Firefox: at the top of the browser window, click the Firefox button, then go to the Options tab. Click the Privacy tab. Set History settings to Use custom settings for history. Finally, uncheck it to disable cookies.

Safari: Click the menu icon (gear) at the top right of the browser. Select Settings. Click Show advanced settings. In the Privacy section, click Content settings. In the Cookies section, you can block cookies.

Chrome: Click the menu icon (three horizontal lines) at the top right of the browser. Select Settings. Click Show advanced settings. In the Privacy section, click Preferences. In the Privacy tab, you can block cookies.

Liability

The owner cannot be held liable for direct and/or indirect damage to the user's equipment when accessing the ouiheberg.com site, resulting either from the use of equipment or from the appearance of a bug or incompatibility. It also cannot be held liable for indirect damages (such as loss of business or loss of opportunity) resulting from the use of this site. The owner reserves the right to engage the civil and/or criminal liability of the user, in particular in the event of a message of a racist, abusive, defamatory, or pornographic nature, regardless of the medium used (text, photograph, etc.). The provision of incorrect personal information, in particular for the purpose of attempting to obtain a domain name in a quasi-anonymous manner, is prohibited and will directly result in the termination of the account and the related domain name(s). The client shall bear all consequences, of whatever nature, including financial, in the event that they have not received a mandate from the persons whose names and contact details are transmitted for the purpose of registering a domain name. The client shall also remain responsible for all facts and acts relating to the registered domain name, in the event that a license of use is granted to a third party. It is therefore up to the client to carry out all useful checks regarding the use of the domain name in accordance with ICANN rules, the supervisory authority, and the contractual rules issued by OuiHeberg. The client undertakes, where applicable, to comply with the out-of-court dispute resolution procedure applicable to the disputed domain.

Jurisdiction

Any dispute relating to the use of the ouiheberg.com site is subject to French law. Exclusive jurisdiction is assigned to the competent courts of Paris.

Main applicable laws

Law no. 78-17 of January 6, 1978, notably amended by law no. 2004-801 of August 6, 2004 relating to information technology, data files, and civil liberties. Law no. 2004-575 of June 21, 2004 on confidence in the digital economy.

Newsletter

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

Hosting - VPS / Dedicated

OuiHeberg provides the client with a virtual VPS hosting infrastructure and an Internet connection whose technical characteristics are described online on the OuiHeberg website for a defined total monthly or annual amount, allowing the client to benefit from a high-speed, multi-purpose technical platform permanently connected to the Internet network. The client benefits from a management panel to manage the service, which is available only under the Linux operating system. The client may not hold OuiHeberg liable if their operating system is not compatible. OuiHeberg is not required to provide technical support for the VPS server operating system or software.

Domain names

The client completes a detailed registration on the OuiHeberg website. On this occasion, they provide all elements likely to enable the registration of the requested domain name. They also provide the primary and, if applicable, secondary server addresses for the chosen domain name. Completion of the entire form conditions the admissibility of the registration procedure. Any incomplete information in the form will result in failure of the registration. The client declares that they have received a mandate from all persons whose contact details they disclose, covering not only the registration and communication of names and contact details, but also their collection and publication on the Internet. The indication by OuiHeberg of the availability of a domain name on its website is purely indicative. The same applies to the reservation confirmation sent by email once the registration formalities are completed and payment recorded. Only validation by OuiHeberg after verification and actual registration by the registry or supervisory authority will constitute registration. This validation is carried out within a maximum of 2 business days after confirmation, unless there is a specific difficulty. Requests will be transmitted by OuiHeberg to the registry or supervisory authority.

It is the client's responsibility to regularly check whether the desired domain names are available, since such availability cannot be established in real time by databases, in particular those of the Whois. OuiHeberg is in no way responsible for the data contained in the Whois database or any equivalent database, nor for their updates. If OuiHeberg is unable to perform the service ordered by the client (change of registrar, owner, etc.) due to a default by the client of any kind (provision of supporting documents, correction of erroneous information, etc.), OuiHeberg reserves the right to cancel the order. The client declares that the information provided to OuiHeberg is accurate and releases it from any verification on this point. The client undertakes, in the event of a change to any of the data previously provided when registering or renewing a domain name, to notify OuiHeberg of this change within two business days of its occurrence, by email to the following address: [email protected], or via their customer area. OuiHeberg reserves the right to suspend at any time a domain name whose details appear to be false.

Operation

The OuiHeberg platform is accessible to the public via the Internet worldwide. OuiHeberg guarantees access to the website under conditions of reasonable traffic and access to email inboxes under normal usage conditions.

DDoS attacks

OuiHeberg also reserves the right to block the client's user account or access to their website if the client's usage behavior or the behavior of users of the client's website (such as a large number of simultaneous accesses to the client's website with a DDoS attack) harms in any way the operation of the service or the client's website. OuiHeberg informs the client of the necessary blocking, carried out in advance where possible (depending on the company's resources and the specific circumstances), or as soon as it takes effect.

Article 323-2 of the French Criminal Code: The act of hindering or falsifying the operation of an automated data processing system is punishable by five years of imprisonment and a EUR 75,000 fine.

Definitions

User: Internet user connecting to and using the aforementioned site.

Personal information: "information which allows, in any form whatsoever, the identification of the natural persons to whom it applies, directly or indirectly" (Article 4 of law no. 78-17 of January 6, 1978).

Purpose & Contracts

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

General terms of use for the site and services offered

Use of the ouiheberg.com site implies full acceptance of the terms of use described below. These terms of use may be modified or supplemented at any time, so users of the ouiheberg.com site are invited to consult them regularly. The ouiheberg.com site may be updated at any time, as may these terms.

Definitions and Parties

OuiHeberg: Owner, publisher and full provider of the services covered by this contract and made available to the client.

Client: 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, they automatically accept these terms (Terms of Use and Terms of Sale), and thus become the holder of their account. The client undertakes to prove their identity and exact contact details by providing supporting documents (identity card, passport, etc.). Following the creation of the Client's Account, they receive an email acknowledging the opening of their account containing the information necessary to connect to their account. The client fully authorizes OuiHeberg to collect their personal data and to use it in accordance with OuiHeberg's privacy policy. If the client is under 18 years of age, they certify on their honor that they have the full agreement of at least one of their legal guardians before opening an account on OuiHeberg. Their legal guardian then fully authorizes OuiHeberg to collect their personal data and to use it in accordance with OuiHeberg's privacy policy. The client may at any time request all of their data from OuiHeberg 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, expired or incomplete identification information, OuiHeberg may result in the immediate suspension of the Client's service(s), without notice. A minor may open a customer account with OuiHeberg on the strict condition that they have the explicit consent of their legal guardians. Therefore, OuiHeberg cannot be held responsible for purchases made by a minor.

Contract Duration and Renewal

Services are automatically renewed for an indefinite period, unless you have requested cancellation. In the event of failure to pay the renewal price before expiration of the client's service(s), OuiHeberg will not be able to renew them. The client will be alerted by email. OuiHeberg will permanently delete the client's data after 7 days in the event of non-payment from the service renewal anniversary date.

• Invoice generation: 10 days before the service due date.
• 1st payment reminder: 5 days before the service due date.
• 1st non-payment notice: 1 day after the service due date.
• Service suspension: 1 day after the service due date.
• 10% late payment penalty: 2 days after service suspension.
• 2nd non-payment notice: 3 days after the service due date.
• Service deletion: 7 days after the service due date.

Any renewal request after expiration of a domain name may result in delays in the effective online availability of the service as well as fees. The client acknowledges OuiHeberg's right to modify the renewal price of their purchased domain, corresponding to currency exchange rate variations (Euro / Dollars; Euro / Pound Sterling; Euro / Swiss Franc, etc.). OuiHeberg reserves the right to terminate the contract on its due date if it considers that it may harm the proper functioning of its structure.

Right of withdrawal and refund

According to Article L.121-28 of the French Consumer Code, the client expressly waives their right of withdrawal. OuiHeberg grants the right to a full refund within 14 days after the order. Beyond this period, the client may not claim any refund. To receive a refund, the client must contact OuiHeberg via ticket only. In the event of a refund, you agree that it will be issued as account credit. OuiHeberg never refunds via the payment method used in the process above. Domain names are neither refundable nor exchangeable regardless of the situation encountered. The client may not claim any refund from OuiHeberg in case of misuse of the product or following a service suspension.

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

Since the choice of a domain name by the client is personal, both in the name and the extension chosen, the client acknowledges that this domain name constitutes a custom-made good or at least a clearly personalized one. Consequently, the client does not benefit from any right of withdrawal under the contract, in accordance with Article L121-21-8 3° of the French Consumer Code.

Client responsibility

The client is solely responsible for the content hosted on the services made available by OuiHeberg, and undertakes at their own expense to defend OuiHeberg in the event that it is subject to a claim relating to data, information, messages, etc., and to bear the compensation due for any damage suffered, provided they have full freedom to settle and conduct the proceedings. The Client declares that they fully accept all legal obligations arising from the ownership of their services. OuiHeberg cannot be sought or troubled in this respect for any reason whatsoever, particularly in the event of violation of laws or regulations applicable to the Client's services. The client undertakes to respect the people who work at OuiHeberg. In case of non-compliance, the client will no longer be able to benefit from assistance from OuiHeberg via support. The client also exposes themselves to the suspension of their services without notice or formality. In the event that the client calls on various people to finance their services, only the client remains the owner of the service. The client undertakes not to use the service's features to send messages in large numbers (SPAM), to people who do not wish to receive them or to incorrect addresses. To this end, OuiHeberg reserves the right to implement software tools on the service concerned to prevent these practices. The Client undertakes to implement the backup measures necessary for the continuity of their activity. The Client is solely responsible for the use of their password and undertakes to keep it secret and not disclose it. OuiHeberg is in no way responsible for password loss or hacking. In this case, the client undertakes to take the necessary measures as soon as possible.

Service availability

OuiHeberg will, as far as possible, inform the client within a reasonable time of any service interruption so that the client can take appropriate measures. The Client declares and guarantees that they are fully aware of the characteristics and constraints of the Internet, and in particular that transmissions of data and information over the Internet are only relatively reliable. These circulate over heterogeneous networks with diverse technical characteristics and capacities, which may disrupt access or make it impossible at certain times. OuiHeberg endeavors, as far as possible, to maintain all its services 7 days a week and 24 hours a day, but is under no obligation to do so. OuiHeberg may therefore interrupt access, in particular for maintenance and upgrades, or for any other reasons, in particular technical ones. OuiHeberg is in no way responsible for these interruptions and the consequences that may result for the Client or any Third Party. OuiHeberg reserves the right to interrupt a service, particularly if the service in question constitutes a danger to the maintenance of its platform. OuiHeberg excludes any express or implied warranty, including any warranty of value, quality, conformity to description, or adequacy of the OuiHeberg site for a particular use. OuiHeberg does not guarantee that the use or the result of the use of elements available through OuiHeberg or third-party sites will be correct, accurate, timely, reliable or of any quality whatsoever. OuiHeberg reserves the right to block a person from the entire infrastructure in the event of a DDoS attack, for a limited or unlimited duration. OuiHeberg provides a backup service. However, the client undertakes to make their own backups. OuiHeberg is in no way obliged to make backups available to the client free of charge.

Paysafecard

All payments made with Paysafecard are refunded as credit.

Operation

The OuiHeberg platform is accessible to the public via the Internet worldwide. OuiHeberg guarantees access to the website under conditions of reasonable traffic and access to email inboxes under normal usage conditions.

Hosting service

For hosting offers, all content is prohibited whether accessible or not, such as:

• Files subject to intellectual property laws for which the client does not have the necessary authorization to distribute.
• P2P links whose content is subject to intellectual property laws and for which the client does not have the author's authorization to distribute. - Files of an abusive, defamatory, racist, xenophobic nature (etc...)
• Files inciting discrimination or the commission of any offense.
• Using VPS servers or dedicated servers for cryptocurrency mining.

The client undertakes not to include any redirection of their domain (including any type of hyperlinks) to sites distributing illegal content or such as indicated above. The sending of emails via OuiHeberg services is not limited in the case of normal, non-automated use. The sending of emails via OuiHeberg services is limited, in order to avoid any abuse, to twenty thousand sends (number of emails) per day in the case of the use of any automated sending mechanism. The sending of unsolicited emails (SPAM) via OuiHeberg services is strictly prohibited and sanctioned. This may lead to immediate closure without notice of the account concerned. All bulk email sends must be carried out with the prior consent of the recipients. All prospecting emails are prohibited, whatever the nature of the sender, as long as the recipient has not requested their receipt. In all the cases listed above, OuiHeberg may interrupt the hosting contract concerned without notice and without payment of compensation. The client is SOLELY responsible for the content of all information hosted on their account as well as the dissemination of this information. In no case can OuiHeberg be held responsible for a breach of French laws or other laws that the client may have infringed.

Shared web hosting offers

Within the framework of shared web hosting, the client agrees to respect certain rules for the benefit of everyone. In order to avoid server saturation, you must not:

• Run any process requiring more than 2.9ghz of CPU resources, more than 32go of RAM, more than 420 consecutive seconds of CPU usage, or using more than 95% of all resources of a physical server, at any time.
• Run programs in server-side mode on the server. This includes all kinds of daemons, such as 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 single size is greater than 50go. Create a directory containing, by itself, more than 20000 files (this is notably the case with uncontrolled cache systems that induce massive writing of small files, saturating and reducing the performance of a hard drive). Use more than 500000 inodes on the same shared web hosting space.
• Run software (eggdrops for example) having a connection with an IRC (Internet Relay Chat) network.
• Use the services made available by OuiHeberg as a direct, indirect backup solution, or as a third-party service.
• Web hosting must not be used for purposes other than hosting websites or any related service (such as email). Any other use is prohibited by our terms and conditions.
• Databases only serve the hosted site's websites within the OuiHeberg infrastructure and must not be accessed externally. External access is possible for development use. Development use is understood as marginal access and intended for a single IP address from an Internet access provider.
• Use all or part of the services made available by OuiHeberg in addition to hosting services provided by a third party. Generally, the client is warned of overconsumption without their site being deactivated. However, OuiHeberg reserves the right to immediately suspend without notice if it seriously endangers the stability of the installations. Subleasing a shared web hosting space is strictly prohibited by our services. It will be subject to suspension and then destruction of the account concerned. The hosted party will then be alerted by email. - Only site creators or webmasters may offer value-added services to their clients. - In no case should OuiHeberg's shared web hosting "single offer" serve as the basis for creating a third-party hosting service, whatever its nature, technical or commercial destination.
• The use of the quota for storing backups or mass photos/media is prohibited on all offers unless prior written agreement from OuiHeberg.

Unlimited shared 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 up to 300GB maximum for hosting websites only. The use of the quota for storing backups or mass photos/media is prohibited on all offers unless prior written agreement from OuiHeberg.

Service delivery

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

Hosted content

OuiHeberg is in no way responsible for files hosted on its servers, with the client alone being responsible. OuiHeberg does not accept sites of a defamatory, pornographic nature, containing illegal data, copyrighted documents, constituting threats or attacking good morals and the proper operation of its servers. OuiHeberg reserves the right to request compensation for any damage suffered. OuiHeberg is in no way responsible for failures of files hosted by the client. In case of copyright violations, OuiHeberg reserves the right to suspend the service in question.

Payments and disputes

The client undertakes to contact OuiHeberg by email (contact[@]ouiheberg.com) before opening a dispute with a payment or collection company in order to settle it amicably. OuiHeberg reserves the right to charge the client 40€ in administrative fees when a dispute is opened by the client with a payment or collection company if they have not contacted OuiHeberg first. In the event of a payment opposition, OuiHeberg reserves the right to charge administrative fees to the client in the amount of 40€, as well as to open a collection file and/or legal proceedings in order to recover the funds. In the event of a dispute, OuiHeberg reserves the right to cut all services of the client without notice. In addition, if this dispute does not succeed, access to the service(s) will remain restricted and cannot be restored. In the event of a PayPal dispute from a bank, OuiHeberg reserves the right to pass on the bank's administrative fees to the client (16€ per transaction). OuiHeberg reserves the right to use a collection company. Collection fees will be borne by the client.

Changes to services

It is recalled 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 close a free account at any time without reason.

Non-compliance with the contract

OuiHeberg reserves the right to temporarily or permanently suspend or even terminate the client's services in case of non-compliance with these conditions. The client's account will thus be automatically terminated by law without notice, without delay, without any formality and without prejudice to any damages and interest for OuiHeberg. Once registered, the client undertakes to act diligently to respond to any complaint. The client will indemnify OuiHeberg at all times upon first request against any action, procedure, complaint, demand, attorney's fees, expert fees, tax fees, sums awarded, damages and interest whatever their origin, direct or indirect, and any advances made, related to the client's non-compliance with any of the commitments defined herein and/or the use of the services. OuiHeberg reserves the right to close access to services used by the client without notice in the event of a DDoS attack through the services made available by us.

Contract changes

OuiHeberg reserves the right to modify these conditions without notice. They are regularly updated on this same page, and it is up to everyone to consult them regularly. If the client does not agree with the update of these conditions, they must send an email to contact[@]ouiheberg.com but accept that their client account as well as all related contracts and services will be terminated without notice for non-compliance with the contract.

Support and complaints

If the client encounters a problem or has any question, they can contact OuiHeberg support by phone, live chat, or tickets. In case of insults and/or harassment, OuiHeberg reserves the right to temporarily or permanently suspend the client'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, French courts will have exclusive jurisdiction to recognize and handle this dispute.