Terms of Use (TOS)

Purpose

In accordance with article 6 of law no. 2004-575 of June 21, 2004 for 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 and conditions aim to define the technical and financial conditions under which OuiHeberg undertakes to host the customer's services on its platform. The customer expressly acknowledges that OuiHeberg does not participate in any way under these conditions in the design, development, implementation, and setting up of the customer's website and its computer management and administration tools.

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

General terms of use of the site and services offered

The use of the ouiheberg.com website 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 present conditions.

Site content

Any copying, reproduction, modification, publication, adaptation of all or part of the elements of the site, by any means or process whatsoever, is prohibited, unless prior written authorization of 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 the sites visited in this way, the owner cannot be held responsible and declines all responsibility. 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 identification of the user but records information relating to the navigation of a computer on a site. The data thus obtained is intended to facilitate subsequent navigation on the site and is also intended to enable various attendance measures. Refusing to install a cookie may result in the impossibility of accessing certain services. However, the user can configure his computer as follows to refuse the installation of cookies: Under Internet Explorer: Tools tab (gear-shaped icon in the top right) / Internet Options.

Click on Privacy and choose Block all cookies. Validate on Ok. Under 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. Under Safari: Click on the gear icon at the top right of the browser to access the menu. Select Settings. Click on Show advanced settings. In the “Privacy” section, click on Content settings. In the “Cookies” section, you can block cookies. Under Chrome: Click on the menu icon (symbolized 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.

Responsibility

The owner cannot be held responsible for direct and/or indirect damages caused 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. They cannot also be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of this site. The owner reserves the right to invoke the civil and/or criminal liability of the user, particularly in the event of messages of a racist, defamatory, or pornographic nature, regardless of the medium used (text, photograph, etc.). Providing erroneous personal information, particularly with the aim of trying to obtain a domain name in a quasi-anonymous manner, is prohibited and will directly result in the termination of the account and the domain name(s) concerned. The client will bear the full consequences, of whatever nature, including pecuniary ones, if they have not received mandates from the individuals whose names and contact details they transmit for the registration of a domain name. The client remains similarly responsible for all facts and acts relating to the registered domain name, in case a user license is granted to a third party. It is therefore the client's responsibility to carry out any useful verification as to the use of the domain name in accordance with the rules of the ICANN, the supervisory authority, and the contractual rules laid down by OuiHeberg. The client undertakes, where applicable, to comply with the extrajudicial dispute resolution procedure applicable to the disputed domain.

Jurisdiction

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

Main Applicable Laws

Law n° 78-17 of January 6, 1978, as 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

Every action on the site (via forms) leads to the acceptance of receiving regular newsletters. 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, the technical characteristics of which are described online on the OuiHeberg website for a defined monthly or annual total amount, allowing the customer to benefit from a high-speed, multi-purpose technical platform connected to the Internet permanently. The customer benefits from a management panel allowing them to manage the service, it is only available under the Linux operating system. The customer cannot hold OuiHeberg liable if their operating system is not compatible. OuiHeberg is not required to provide technical support on the VPS server operating system or on software.

Domain Names

The client proceeds with detailed registration on the OuiHeberg website. On this occasion, the client provides all the elements likely to proceed with the registration of the requested domain name. Furthermore, they will provide the addresses of the primary and possibly secondary servers for the chosen domain name. The completion of the entire form is a condition for the admissibility of the registration procedure. Any incomplete information in the form will result in the failure of the registration. The Client ensures that they have received mandates from all individuals whose details they disclose, aiming not only at 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 the 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 the payment registered. Only OuiHeberg's validation after verification and effective registration by the registry or by the supervisory authority will constitute registration. This validation is done within a maximum of 2 working days after confirmation, unless there are particular difficulties. Requests will be transmitted by OuiHeberg to the registry or the supervisory authority.

It is the customer's responsibility to regularly check the availability or non-availability of the desired domain names, which availability cannot be established in real-time by the databases, including 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 customer (change of registration office, owner...) due to a failure by the customer regardless of the nature (provision of supporting documents, correction of erroneous information...), OuiHeberg reserves the right to cancel the order. The Customer declares the information transmitted to OuiHeberg as accurate and waives any verification on this point. 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, the Customer 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 customer area. OuiHeberg reserves the right to suspend at any time the domain name whose details appear to it as false.

Operation

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

DDOS Attacks

OuiHeberg also reserves the right to block the user account of the customer, or access to their website, if their usage behavior or the behavior of users of the customer's website (such as a large number of simultaneous accesses to the customer's website with a DDOS attack*) in any way impairs the functioning of the service, or the customer's website. OuiHeberg informs the customer of the necessary, respectively carried out (as far as possible given the company's resources and the specific circumstances) blocking in advance, or as soon as it takes effect. Article 323-2 of the Penal Code: The fact of 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 not, the identification of the natural persons to whom it applies' (article 4 of law n° 78-17 of January 6, 1978).

General Terms and Conditions of Sale (GTC)

Objects & contracts

These General Terms and Conditions of Sale and Use govern the framework in which OuiHeberg provides the service subscribed to by the Client. 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. The creation of a customer account on OuiHeberg implies the 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 herein or of the applicable special conditions. In accordance with articles 1316 and following 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 space and these general terms and conditions of sale shall prevail between the parties.

Conditions générales d'utilisation du site et des services proposés

The use of the ouiheberg.com website 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 present conditions.

Definitions and parties

OuiHeberg: Owner, publisher, and full-service provider of the services covered 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 successfully completes the account creation form on the registration page, they automatically accept these terms (TOS and TOS), and they become the holder of their account. The customer thus undertakes to justify their identity and exact contact details by providing supporting documents (identity card, passport, etc.). Following the creation of the Customer's Account, they receive an email acknowledging receipt of the opening of their account containing the information necessary to log into their account. The customer fully authorizes OuiHeberg to collect their personal data and to process it in accordance with OuiHeberg's privacy policy. If the customer is under 18 years of age, they certify on their honor that they have obtained the explicit 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 process it in accordance with OuiHeberg's privacy policy. The customer may request their entire data from OuiHeberg at any time for portability. OuiHeberg reserves the right to carry out identity checks at any time by requesting administrative documents (Proof of residence, identity document...). In the event that the Customer intentionally provides false, inaccurate, outdated, or incomplete identification information, OuiHeberg may result in the immediate suspension of the Customer's service(s) without notice. A minor may open a customer account at OuiHeberg under the strict condition that they have the explicit agreement of their legal guardians. Therefore, OuiHeberg cannot be held responsible for purchases made by a minor.

Duration and renewal of the contract

The 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 customer's service(s), OuiHeberg will not be able to renew them. The customer will be alerted by email. OuiHeberg will permanently delete the customer's data after 7 days in case of non-payment from the anniversary date of the renewal.

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

Right of withdrawal and refund

According to article L.121-28 of the Consumer Code, the client expressly waives his right of withdrawal. OuiHeberg grants the right to a full refund within 14 days after the order. Beyond this period, the client cannot claim any refund. To benefit from the refund, the client must contact OuiHeberg by ticket only. In case of refund, you agree that it will be made in the form of credit. OuiHeberg does not refund by any means of payment used in the above procedure. Domain names are neither refundable nor exchangeable under any circumstances. The client cannot 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

As the choice of a domain name by the client is his own, both because of the name and the extension chosen, the client acknowledges that this domain name constitutes a tailor-made product or at least significantly personalized. Consequently, the client does not benefit from any right of withdrawal under the contract, in accordance with article L121-21-8 3° of the Consumer Code.

Client's Responsibility

The client is solely responsible for the content hosted on the services provided by OuiHeberg. They undertake to bear at their own expense the defense of OuiHeberg in the event that the latter is the subject of a claim action, 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 procedure. The Client declares to fully accept all legal obligations arising from the ownership of their services. OuiHeberg cannot be sought or disturbed in this regard for any reason whatsoever, particularly in case of violation 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 able to benefit from assistance from OuiHeberg via support. The client also exposes themselves to the suspension of their services without notice or formality. If the client appeals to various individuals for the financing of their services, only the client remains the owner of the service. The client undertakes not to use the service functionalities 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 implement software tools on the concerned service preventing these practices. The Client undertakes to implement the necessary backup means for the sustainability of their activity. The Client is solely responsible for the use of their password and undertakes to keep it secret and not to disclose it. OuiHeberg is in no way responsible for password losses and hacks. In this case, the client undertakes to take necessary action as soon as possible.

Service Availability

OuiHeberg will inform the customer, to the extent possible, within a reasonable time of any service interruption, so that the customer can make arrangements. The Customer declares and warrants that they are fully aware of the characteristics and constraints of the internet, and in particular that the transmission of data and information on the Internet only has relative technical reliability. These circulate on heterogeneous networks with diverse technical characteristics and capacities, which disrupt access or make it impossible at certain times. OuiHeberg strives to maintain all its services 7 days a week and 24 hours a day, but is not obligated to do so. Therefore, OuiHeberg may interrupt access, especially for maintenance and upgrading reasons, or for any other reasons, particularly technical ones. OuiHeberg is in no way responsible for these interruptions and the consequences that may result for the Customer or any Third Party. OuiHeberg reserves the right to interrupt a service, especially if the service in question poses a danger to the maintenance of its platform. OuiHeberg excludes all express or implied warranties, including any warranty of value, quality, description match, or suitability of the OuiHeberg site for a particular purpose. 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 all infrastructure in case of a DDOS attack, for a limited or unlimited duration. OuiHeberg provides a backup service. However, the customer agrees to make their own backups. OuiHeberg is in no way obliged to provide the customer 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, whether accessible or not, is prohibited, such as:

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

Shared web offers

In the context of shared web hosting, the customer agrees to follow certain rules for the benefit of all. To avoid server saturation, you must not:

• Running any process requiring more than 2.9 GHz of CPU resources, more than 32GB 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, like IRCd. Run any binary programs other than those provided by OuiHeberg.
• Do anything 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.
• Storing or hosting a file with a single size exceeding 50GB. Creating a directory containing more than 20,000 files alone (this is notably the case with uncontrolled caching systems that result in massive writing of small files, saturating and reducing the performance of a hard drive). Using more than 500,000 inodes on the same web hosting space.
• Running software (such as eggdrops) that connects to an IRC (Internet Relay Chat) network.
• Using the services provided by OuiHeberg as a direct or indirect backup solution, or from a third-party service.
• Web hosting must not serve purposes other than hosting websites or any related service (such as email). Any other use is prohibited by our general terms and conditions.
• Databases are only for serving the hosted websites within the OuiHeberg infrastructure and must not undergo any external access. External access is possible for development purposes. Development use is understood as marginal access and for a unique IP address of an internet service provider.
• Using all or part of the services provided by OuiHeberg in addition to hosting services provided by a third party. Generally, the customer is warned of overuse without their site being deactivated. However, OuiHeberg reserves the right to immediately suspend without notice if it seriously endangers the stability of installations. Subleasing a shared web hosting space is strictly prohibited by our services. It will result in the suspension and deletion of the concerned account. The hosted person 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', the shared web hosting of OuiHeberg, be used as a basis for creating a third-party hosting service, regardless of its nature, technical or commercial destination.
• The use of quotas for backup storage or mass photos/media is prohibited on all offers unless there is prior written agreement from OuiHeberg.

Unlimited shared 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 disk space of up to a maximum of 300GB for website hosting only. The use of quotas for backup storage or mass photos/media is prohibited on all offers unless there is prior written agreement from OuiHeberg.

Delivery of Services

OuiHeberg will make every effort to deliver the ordered services within a maximum period of 72 working 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, only the client being responsible. OuiHeberg does not accept defamatory, pornographic, illicit data-containing, copyrighted, threatening, or offensive to good morals and the proper functioning of its servers. OuiHeberg reserves the right to claim compensation for any damages suffered. OuiHeberg is in no way responsible for the failures of files hosted by the client. In case of violations of copyright, OuiHeberg reserves the right to suspend the relevant service.

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 the event of a payment dispute, OuiHeberg reserves the right to charge the customer administrative fees in the amount of €40, as well as to open a collection file and/or legal proceedings to recover the funds. In the event of a dispute, OuiHeberg reserves the right to suspend all of the customer's services without notice. Furthermore, if this dispute is not resolved, access to the service(s) will remain restricted and cannot be reinstated. 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 debt collection agency. Collection fees 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 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 customer's services in the event of non-compliance with these conditions. The customer's account will be automatically terminated without notice, without delay, without any formality, and without prejudice to any damages for OuiHeberg. Once registered, the customer agrees to act diligently to respond to any claim. They will indemnify OuiHeberg at any time upon first request against any action, procedure, complaint, demand, legal fees, expertise fees, tax fees, sums awarded, damages, and interests of any origin, direct or indirect, and all advances made, related to the customer'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 customer without notice in case of a DDOS attack using the services provided by us.

Contract Modification

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

Support and complaints

If the customer encounters a problem or has any questions, 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 customer's access to support.

Applicable law

All of OuiHeberg's 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 a failed amicable solution, the French courts will have sole jurisdiction to recognize and handle this dispute.