Terms and Conditions of Use (TCU)

Subject

Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the OuiHeberg website are informed of the identity of the various parties involved in its creation and monitoring: These terms aim to 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 participate in the design, development, implementation, and establishment of the client's website and its IT management and administration tools.

Owner: OuiHeberg SARL
SIRET: 888 341 997 00029
Publisher: OuiHeberg SARL - contact[@]OuiHeberg.com
The publishing manager is a natural person or a legal entity.

Terms and conditions of use of the site and services offered

The use of the website ouiheberg.com implies full acceptance of the following terms and conditions. These terms of use may be modified or supplemented at any time, so users of the ouiheberg.com website are invited to consult them regularly. The ouiheberg.com website may be updated at any time, as well as these terms.

Website content

Any copy, reproduction, modification, publication, adaptation of all or part of the elements of the site, by any means or process, is prohibited, unless prior written authorization from the owner

Links and cookies

The website ouiheberg.com provides hypertext links to other sites on various pages. Since it is impossible to verify the content of these visited sites, the owner cannot be held responsible and declines 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 the user to be identified but records information related to a computer's navigation on a site. The data obtained in this way aims to facilitate future navigation on the site and is also intended to enable various traffic measurements. Refusing to install a cookie may result in the inability to access certain services. However, the user can configure their computer as follows to refuse the installation of cookies: In Internet Explorer: tools tab (gear icon in the top right corner) / internet options.

Click on Privacy and choose Block all cookies. Confirm by clicking OK. In Firefox: at the top of the browser window, click on the Firefox button, then go to the Options tab. Click on the Privacy tab. Set the Retention Rules to: use custom settings for history. Finally, uncheck it to disable cookies. In Safari: Click on the menu icon (represented by a gear) at the top right of the browser. Select Settings. Click on Show advanced settings. In the “Privacy” section, click on Content Settings. In the “Cookies” section, you can block cookies. In Chrome: Click on the menu icon (represented by three horizontal lines) at the top right of the browser. Select Settings. Click on Show advanced settings. In the “Privacy” section, click on preferences. In the “Privacy” tab, you can block cookies.

Liability

The owner cannot be held responsible for direct and/or indirect damages caused to the user's equipment when accessing the ouiheberg.com website, resulting either from the use of equipment or the appearance of a bug or incompatibility. The owner also cannot be held responsible for indirect damages (such as loss of market share or loss of opportunity) resulting from the use of this site. The owner reserves the right to hold the user civilly and/or criminally liable, especially in the case of messages that are racist, offensive, defamatory, or pornographic, regardless of the medium used (text, photograph, etc.). Providing false personal information, especially in an attempt to obtain a domain name almost anonymously, is prohibited and will result in the immediate termination of the account and the related domain name(s). The client will bear all consequences, of any nature, including financial, if they have not been authorized by the individuals whose names and contact details they provide for the purpose of registering a domain name. The client will also remain responsible for all actions related to the registered domain name, in case a license is granted to a third party. It is therefore the client's responsibility to conduct any necessary verification regarding the use of the domain name in accordance with ICANN rules, the supervisory authority, and the contractual rules established by OuiHeberg. The client agrees, if necessary, to comply with the alternative dispute resolution procedure applicable to the disputed domain.

Jurisdiction

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

Main laws concerned

Law No. 78-17 of January 6, 1978, notably amended by Law No. 2004-801 of August 6, 2004 relating to information technology, files and freedoms. Law No. 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 have the possibility to unsubscribe at any time.

Hosting - VPS / Dedicated

OuiHeberg provides the customer with a virtual VPS hosting infrastructure and an Internet connection whose technical specifications 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-purpose technical platform connected to the internet permanently. The customer enjoys a management panel allowing them to manage the service, available only under the Linux operating system. The customer cannot hold OuiHeberg responsible if their operating system is not compatible. OuiHeberg is not obligated to provide technical support on the VPS server operating system or on the software.

Domain names

The customer proceeds with detailed registration on the OuiHeberg website. On this occasion, the customer provides all the elements necessary for registering the requested domain name. Additionally, the customer will provide the primary and possibly secondary server addresses for the chosen domain name. The completion of the entire form is a prerequisite for the registration process to be considered admissible. Any incomplete information in the form will result in registration failure. The Customer confirms that they have been authorized by all individuals whose contact details they disclose, not only for the registration and communication of names and contact details, but also for their collection and publication on the Internet. OuiHeberg's indication of the domain name's availability on its website is purely indicative. The same applies to the reservation confirmation sent by email once the registration formalities are completed and payment is received. Only OuiHeberg's validation after verification and effective registration by the registry or supervisory authority will constitute registration. This validation is done within a maximum of 2 working days after confirmation, unless there are specific difficulties. Requests will be forwarded by OuiHeberg to the registry or supervisory authority.

It is the client's responsibility to regularly check the availability or non-availability of the desired domain names, which cannot be established in real time by databases, especially 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. In the event that OuiHeberg is unable to carry out the service ordered by the client (change of registrar, owner...) due to a failure by the client of any kind (provision of supporting documents, correction of incorrect information...), OuiHeberg reserves the right to cancel the order. The Client declares the information provided to OuiHeberg to be accurate and waives any verification on this point. In the event of a change in any of the data previously provided in connection with the registration or renewal of a domain name, the Client undertakes to notify OuiHeberg of this change within two working days of its occurrence, by email to the following address: [email protected], or through their client area. OuiHeberg reserves the right to suspend at any time the domain name if the contact 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 boxes under normal usage conditions.

DDOS Attacks

OuiHeberg also reserves the right to block the client's user account, or access to their website, if their usage behavior or the behavior of the users of the client's website (such as a large number of simultaneous accesses to the client's website with a DDOS attack*) in any way impairs the operation of the service, or the client's website. OuiHeberg informs the client of the necessary blocking, respectively carried out (to the extent possible according to the company's resources and the specific circumstances) in advance, or as soon as it 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 that allows, in any form whatsoever, directly or indirectly, the identification of the individuals to whom it applies" (article 4 of law n° 78-17 of January 6, 1978)...

General Terms and Conditions of Sale (GTCS)

Objects & contracts

These General Terms and Conditions of Sale and Use govern the framework within which OuiHeberg provides the service to the customer to which the Customer 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 Specific Conditions. Creating a customer account on OuiHeberg implies the full understanding and acceptance by the customer 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 specific conditions. In application of articles 1316 and following of the Civil Code and, where applicable, of article L.110-3 of the Commercial Code, the parties declare that the information indicated on the customer space and these general terms and conditions of sale are binding between the parties.

Conditions générales d'utilisation du site et des services proposés

The use of the website ouiheberg.com implies full acceptance of the following terms and conditions. These terms of use may be modified or supplemented at any time, so users of the website ouiheberg.com are invited to consult them regularly. The website ouiheberg.com may be updated at any time, as well as these terms.

Definitions and parts

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 (TOS and T&C) and become the account holder. The customer agrees to provide proof of identity and accurate contact information by providing supporting documents (ID card, passport, etc.). Following the creation of the Customer's Account, they receive an email acknowledging the opening of their account containing the necessary information to log in. The customer fully authorizes OuiHeberg to collect their personal data and use it in accordance with OuiHeberg's privacy policy. If the customer is under 18 years old, they certify in good faith that they have full consent from 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 use it in accordance with OuiHeberg's privacy policy. The customer may request all their data from OuiHeberg at any time for portability. OuiHeberg reserves the right to verify identities at any time by requesting administrative documents (proof of address, ID card, etc.). If the Customer intentionally provides false, inaccurate, outdated, or incomplete identification information, OuiHeberg may immediately suspend the Customer's service(s) without notice. A minor can open a customer account with OuiHeberg on the strict condition that they have explicit consent from their legal guardians. Therefore, OuiHeberg cannot be held responsible for purchases made by a minor.

Duration and renewal of the contract

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

• Invoice generation: 10 days before the service due date.
• 1st payment reminder: 5 days before the service due date.
• 1st reminder for unpaid invoice: 1 day after the service due date.
• Service suspension: 1 day after the service expiration date.
• Late penalties of 10%: 2 days after service suspension.
• 2nd reminder for unpaid invoice: 3 days after the service due date.
• Service deletion: 7 days after the service expiration date.

Right of withdrawal and refund

According to article L.121-28 of the Consumer Code, the customer expressly waives the right to withdraw. OuiHeberg grants the right to a full refund within 14 days after ordering. Beyond this deadline, the customer will not be entitled to any refund. To benefit from the refund, the customer must contact OuiHeberg by ticket only. In case of a refund, you agree that it will be issued as credit. OuiHeberg does not refund by any means of payment used in the above process. Domain names are neither refundable nor exchangeable under any circumstances. The customer will not be entitled to 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

Insofar as the choice of a domain name by the client is personal to them, both because of the name and extension chosen, the client acknowledges that this domain name constitutes a tailor-made or at least highly personalized good. Therefore, the client does not have any right of withdrawal under the contract, in accordance with article L121-21-8 3° of the consumer code

Customer responsibility

The client is solely responsible for the content hosted on the services made available by OuiHeberg, and undertakes to bear the cost of defending OuiHeberg in the event that the latter is subject to a claim regarding data, information, messages, etc., and to bear the compensation due for any damage suffered, provided that it has full freedom to settle and conduct the proceedings. The Client declares full acceptance of all legal obligations arising from the ownership of its services. OuiHeberg cannot be held liable or troubled in this respect for any reason whatsoever, particularly in the event of a breach of laws or regulations applicable to the Client's services. The client undertakes to respect the individuals working at OuiHeberg. In case of non-compliance, the client will no longer be entitled to assistance from OuiHeberg via support. The client also risks the suspension of its services without notice or formality. If the client seeks funding from various individuals for its services, the client alone remains the owner of the service. The client agrees not to use the service's features to send messages in large numbers (SPAM) to individuals who do not wish to receive them or to incorrect addresses. In this respect, OuiHeberg reserves the right to implement software tools on the relevant service to prevent such practices. The Client undertakes to implement the necessary backup measures for the sustainability of its activity. The Client is solely responsible for the use of its password and agrees to keep it confidential and not disclose it. OuiHeberg is in no way responsible for password losses or hacking. In such cases, the client agrees to take the necessary steps as soon as possible.

Service availability

OuiHeberg will inform, to the extent possible, the client, within a reasonable time of a possible interruption of the service, so that the client can make arrangements. The Client declares and warrants that he is perfectly 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 technical characteristics and capacities, which disrupt access or make it impossible at certain times. OuiHeberg strives, to the extent possible, to maintain all its services 7 days a week and 24 hours a day, but is not obliged to achieve this. OuiHeberg may therefore interrupt access, notably for maintenance and upgrading reasons, or for any other reasons, notably 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, notably if the service in question poses a danger to the maintenance of its platform. OuiHeberg excludes all express or implied warranties, notably any warranty of value, quality, conformity to description, or suitability of the OuiHeberg site for a particular use. OuiHeberg does not guarantee that the use or the result of the use of the elements available through OuiHeberg or third-party sites will be correct, accurate, timely, reliable, or of any quality. OuiHeberg reserves the right to block a person from the entire infrastructure in case of DDOS, for a limited or unlimited duration. OuiHeberg implements a backup service. However, the client undertakes on his own to make his own backups. OuiHeberg is in no way obliged to provide the client with backups free of charge.

Paysafecard

All payments made by Paysafecard are refunded as credit.

Exploitation

La plateforme OuiHeberg est accessible pour le public par le réseau Internet dans le monde entier. OuiHeberg garantit un accès au site Internet dans les conditions d’une fréquentation raisonnable et un accès aux boîtes d’emails dans des conditions d'utilisation normales.

Hosting service

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

• Files subject to intellectual property laws and for which the client does not have the necessary agreement for distribution.
• P2P links whose content is subject to intellectual property laws and for which the client does not have the necessary authorization from the author to broadcast. - Files containing offensive, defamatory, racist, xenophobic (etc.) content
• Files encouraging discrimination or the commission of any offense.
• Using VPS servers or dedicated servers to mine cryptocurrency.

Shared web hosting offers

In the context of shared web hosting, the client agrees to respect certain rules for the benefit of all. In order to prevent server saturation, you must not:

• Running any process requiring more than 2.9GHz of CPU resources, more than 32GB of RAM, more than 420 consecutive seconds of CPU usage, or utilizing more than 95% of all resources on a physical server, at any time.
• Running programs in server-side mode on the server. This includes all kinds of daemons, such as IRCD. Running any binary program other than those provided by OuiHeberg.
• Making any use other than the POST, GET, OPTIONS, PUT requests necessary for the proper functioning of a website.
• Consuming more than 10000pps, at the same time, on the network interface of the server hosting your site.
• Storing or hosting a file with a single size greater than 50GB. Creating a directory containing, by itself, more than 20000 files (this is notably the case with uncontrolled cache systems that lead to massive writing of small files, saturating and reducing the performance of a hard drive). Using more than 500000 inodes on the same web hosting space.
• Running software (such as eggdrops) that connects to an Internet Relay Chat (IRC) network.
• Make use of the services provided by OuiHeberg as a solution for direct, indirect, or third-party backup.
• Web hosting should 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 are only used for the websites hosted in the OuiHeberg infrastructure and should not undergo any external access. External access is possible for development purposes. Development use is understood as marginal access to a single IP address from an internet service provider.
• Making 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 informed of overconsumption without their site being deactivated. However, OuiHeberg reserves the right to immediately and without notice suspend if it seriously endangers the stability of the facilities. Subleasing a shared web hosting space is strictly prohibited by our services. It will result in suspension and then deletion of the account concerned. The hosted party will be alerted by email. - Only website creators or webmasters can offer value-added services to their clients. - Under no circumstances should the unique offer, shared web hosting from OuiHeberg, be used as a basis for creating a third-party hosting service, regardless of its nature, technical or commercial purpose.
• The use of quotas for storing backups or mass photos/media is prohibited on all offers without prior written agreement from OuiHeberg.

Unlimited shared hosting offer

The shared web hosting offer described as "Unlimited" is offered to customers via the "web hosting and database" section. This offer provides customers with a disk space that can reach up to a maximum of 300GB for hosting websites only. The use of quotas for storing backups or mass photos/media is prohibited on all offers unless prior written agreement from OuiHeberg.

Service delivery

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

Hosted content

OuiHeberg is in no way responsible for the files hosted on its servers, only the client being responsible. OuiHeberg does not accept sites with defamatory, pornographic, illicit data, copyrighted documents, constituting threats or attacks on morals and the proper functioning of its servers. OuiHeberg reserves the right to request compensation for any damage suffered. OuiHeberg is not responsible for failures of files hosted by the client. In case of copyright infringement violations, OuiHeberg reserves the right to suspend the service in question.

Payments and disputes

The customer agrees 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 customer €40 in administrative fees when the customer opens a dispute with a payment or collection company without contacting OuiHeberg first. In case of a payment opposition, OuiHeberg reserves the right to charge the customer administrative fees amounting to €40, as well as to initiate a collection process and/or legal action to recover the funds. In case of a dispute, OuiHeberg reserves the right to suspend all of the customer's services without notice. Furthermore, if the dispute is not resolved, access to the service(s) will remain restricted and cannot be restored. In case of a paypal dispute from a bank, OuiHeberg reserves the right to pass on the bank's administrative fees to the customer (€16 per transaction). OuiHeberg reserves the right to engage a collection agency. Collection fees will be borne by the customer.

Service modification

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

Breach of 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 be automatically terminated without notice, without delay, without any formality and without prejudice to any damages and interest for OuiHeberg. Once registered, the client undertakes to act promptly to respond to any claim. The client will hold OuiHeberg harmless at all times upon first request against any action, proceeding, complaint, demand, legal fees, expert fees, tax fees, amounts awarded, damages and interest, regardless of 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 the services used by the client without notice in case of a DDOS attack using the services provided by us.

Change of contract

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

Support and claims

If the client encounters an issue or has any questions, they can contact OuiHeberg support by phone, live chat, or through 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 case of dispute, after failure of an amicable solution, French courts shall have sole jurisdiction to recognize and settle this dispute.