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.

Identity of parties involved

• Owner: OuiHeberg SARL
• SIRET: 888 341 997 00029
• Publication manager: OuiHeberg SARL - [email protected]
• 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 browser to refuse the installation of cookies:

• Internet Explorer: Tools tab (gear icon) > Internet Options > Privacy > Block all cookies.
• Firefox: Firefox button > Options > Privacy > History settings > Use custom settings, then uncheck cookie acceptance.
• Safari: menu (gear) > Settings > Show advanced settings > Privacy > Content settings > Cookies > Block cookies.
• Chrome: menu (three lines) > Settings > Show advanced settings > Privacy > Preferences > Privacy tab > 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 remain responsible for all facts and acts relating to the registered domain name. 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, 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. The client benefits from a management panel to manage the service, available only under Linux. 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 and provides all elements necessary for the registration of the requested domain name, including primary and, if applicable, secondary server addresses. Completion of the entire form conditions the admissibility of the registration procedure; any incomplete information will result in failure of the registration.

The client declares that they have received a mandate from all persons whose contact details they disclose and undertakes to notify OuiHeberg of any change within two business days. OuiHeberg reserves the right to suspend a domain name whose details appear to be false. The availability indicated on the site is purely indicative: only validation by OuiHeberg after actual registration by the registry constitutes registration (within a maximum of 2 business days after confirmation, unless there is a specific difficulty).

It is the client's responsibility to regularly check whether the desired domain names are available, since the Whois database is not in real time. If OuiHeberg is unable to perform the service ordered due to a default by the client (missing document, correction of erroneous information, etc.), OuiHeberg may cancel the order.

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 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 DDoS attack) harms the operation of the service. OuiHeberg informs the client of the necessary blocking, in advance or as soon as it takes effect, where possible.

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. They are governed by French law and may be supplemented by Special Conditions. Creating a customer account on OuiHeberg implies full understanding and acceptance of these conditions. No tolerance in their execution shall constitute a waiver.

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. They may be modified at any time; users are invited to consult them regularly.

Definitions and Parties

• OuiHeberg: Owner, publisher and full provider of the services concerned.
• Client: Natural or legal person holding a customer account, user (or not) of one or more services offered by OuiHeberg.

Registration

Creating an account implies acceptance of these Terms of Use and Terms of Sale. The client undertakes to prove their identity and exact contact details by providing supporting documents. OuiHeberg may verify this information at any time and suspend the service in the event of false, inaccurate or incomplete data.

If the client is under 18, they certify that they have the agreement of at least one of their legal guardians, who authorize OuiHeberg to collect and use their personal data in accordance with the privacy policy. The client may request all their data at any time to ensure portability.

Contract duration and renewal

Services are automatically renewed for an indefinite period, unless cancellation is requested. In the event of failure to pay before expiration, OuiHeberg will not be able to renew the service and will permanently delete data after 7 days of non-payment.

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

Any renewal request after expiration of a domain name may result in delays and fees. OuiHeberg reserves the right to modify the renewal price according to currency exchange rate variations and to terminate the contract on its due date if it considers 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 nevertheless grants a full refund within 14 days of the order, as account credit only. Beyond this period, no refund is possible. Requests must be made via ticket. Domain names are neither refundable nor exchangeable, and no refund is granted in case of misuse of the product or service suspension.

For the purchase of a domain name: The client acknowledges that the domain name constitutes a custom-made or clearly personalized good; they therefore have no right of withdrawal (Article L121-21-8 3° of the French Consumer Code).

Client responsibility

The client is solely responsible for the hosted content. They undertake to defend and indemnify OuiHeberg in the event of a claim relating to hosted data. They agree to respect OuiHeberg staff, failing which support or services may be suspended. Sending SPAM is strictly prohibited; OuiHeberg may implement tools to prevent such practices. The client must ensure their own backups and password security; OuiHeberg is not responsible for losses or hacking.

Service availability

OuiHeberg endeavors to maintain its services 24/7 but may interrupt them for maintenance or technical reasons. No guarantee is provided, and no liability is incurred in the event of interruption. OuiHeberg may interrupt a service if it constitutes a danger to the platform or in case of overconsumption.

Paysafecard

All payments made with Paysafecard are refunded as credit.

Operation

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

Hosting service

All content is prohibited, whether accessible or not:

• Files subject to intellectual property laws without distribution authorization.
• P2P links to content subject to intellectual property laws without authorization.
• Abusive, defamatory, racist, xenophobic files, or files inciting the commission of an offence.
• Use of VPS or dedicated servers for cryptocurrency mining.
• Redirections to sites distributing illegal content.

Sending emails via OuiHeberg services is limited to 20,000 sends per day for automated use. Sending unsolicited emails is strictly prohibited and may result in immediate account closure. Bulk sends must be carried out with the prior consent of recipients.

Shared web hosting offers

Within the framework of shared web hosting, the client agrees to respect the following rules to avoid server saturation:

• Not to exceed 2.9 GHz CPU, 32 GB RAM, 420 seconds of continuous CPU use or 95% of the resources of a physical server.
• Not to run server-side programs (daemons, IRCD, etc.) or binaries other than those provided by OuiHeberg.
• Limit requests to uses necessary for the proper functioning of a website (POST, GET, OPTIONS, PUT).
• Not to consume more than 10,000 pps on the server's network interface.
• Not to store a single file larger than 50 GB or create a directory containing more than 20,000 files; not to use more than 500,000 inodes on the same space.
• Not to use the services as a direct or indirect backup solution, or for a third-party service.
• Not to sublease shared hosting space; creating a third-party hosting service on the shared offer is prohibited.
• Use of the quota for storing backups or mass media is prohibited without written agreement from OuiHeberg.

Unlimited shared offer

The "Unlimited" shared web offer provides disk space up to 300 GB maximum for hosting websites only. Storing backups or mass photos/media is prohibited without 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. Independent factors may cause delays.

Hosted content

OuiHeberg is in no way responsible for hosted files; only the client is responsible. Sites of a defamatory, pornographic nature, containing illegal data or copyrighted documents, or constituting threats are prohibited. OuiHeberg may suspend the service in case of copyright violations or request compensation.

Payments and disputes

The client undertakes to contact OuiHeberg by email ([email protected]) before opening a dispute with a payment or collection company. OuiHeberg may charge EUR 40 in administrative fees for a dispute opened without prior contact and reserves the right to cut the client's services without notice. Collection or bank fees may be passed on to the client.

Changes to services

OuiHeberg may terminate or modify the characteristics of its services at any time without notice. A free account may be closed at any time without reason.

Non-compliance with the contract

OuiHeberg may suspend or terminate the client's services in case of non-compliance with these conditions, without notice or compensation. The client will indemnify OuiHeberg for any damage related to non-compliance with their commitments. OuiHeberg reserves the right to close access in the event of a DDoS attack.

Contract changes

OuiHeberg may modify these conditions without notice. They are regularly updated on this page; if the client does not agree, they must contact [email protected] and accept that their account and services will be terminated without notice.

Support and complaints

For any question, the client may contact support by phone, live chat or tickets. In case of insults and/or harassment, OuiHeberg reserves the right to temporarily or permanently suspend 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.