Service and Usage Agreement

General Conditions of Use and Sale

Definitions

User: Customer of the company, user making use of this website.

Cloud: Refers to a file storage service on a remote server.


Article 1 - User Agreement

Article 1.1 : NetHeberg's service offers and contracts take effect as soon as the User submits the registration form.
In case of incorrect information when placing an order, the User is solely responsible for any damages, fines or possible court decisions.

Furthermore, NetHeberg reserves the right to refuse an order without having to justify its decision.

Article 1.2: At the time of registration, the User certifies that he/she is 15 years old, and that he/she has reached the age of majority in his/her country of residence, if applicable.

In the event that the User must use a paying service, the User certifies that he/she is of legal age in his/her country of residence.


Article 2 - Services and billing

Article 2.1 : Only the offers presented on this website are accessible by new and existing accounts.

NetHeberg reserves the right to change the offer at any time without notice. Unless otherwise specified, such changes shall be effective immediately. It is the User's responsibility to be informed of such changes. For existing accounts, this type of modification is only effective once the contract is renewed, unless otherwise indicated.

Article 3 - Active services

Article 3.1: NetHeberg guarantees that the User can use all the options included in the offer as they are listed in the description of the active service on this website during the whole contract period.

Article 3.2: NetHeberg reserves the right at any time to modify the options of an offer if they affect the stability of the server or if routine improvements are necessary.


Article 4 - Responsibilities and obligations of the Customer

Article 4.1: The User guarantees that the services he (or a third party through his account) has contracted with NetHeberg are in accordance with the current legalization.

Article 4.2: NetHeberg's hosting is reserved for private use. Therefore, all domain names managed by the User's account must be owned by the User's account holder.


Article 4.3: Specific conditions apply to the services held by each User.
The following are prohibited on the hosting services provided by NetHeberg:
• Pornographic, racist, sexist contents, or contents violating the laws of diffusion and intellectual property.
• Any content that is subject to a violation of French and international law.
• Hosting pirated software.
• Use of a service as a cloud server or backups (unless otherwise specified in the offer description).
• Hosting of software with the purpose of overloading or instability of any server resource.
• Hosting of malicious software, aimed at hacking any system.
• Exploitation of virtual money resources.
• Abuse of resources provided by NetHeberg.
Failure to comply with the above prohibitions will result in the deletion of the service and the data on it.
The User is solely responsible for any damage and penalties related to this breach.
NetHeberg may perform routine visits to a website or its tree structure to ensure that the User is not using a service for fraudulent purposes.

Article 4.4 : The User is solely responsible for
direct or indirect, material or immaterial damages, and prejudices resulting from the use of its hosting services and undertakes to indemnify NetHeberg against any
NetHeberg against any claim.


Article 4.5 : The customer is solely responsible if he commits an illicit act against NetHeberg or not with malicious intent. NetHeberg reserves the right to suspend or delete the services in this case.


Article 5 - Responsibilities of the host

Article 5.1: NetHeberg is not responsible for the data and behaviors that it guarantees, publishes or conducts on its behalf.
The responsibility lies solely with the User.




Article 5.2 : If the customer transfers his account or part of it to a third party for free or for a fee, he is automatically responsible for it.

Article 5.3 : NetHeberg endeavors to inform the customers in advance of planned maintenance works or service interruptions.
However, NetHeberg cannot be sued for the interruption of the service, in particular
for interruptions due to maintenance works, repairs or force majeure NetHeberg declines any responsibility for any damage, penalty, fine, claim, interest or loss of the order and any other liability.





Article 5.4 : NetHeberg shall endeavor to make emergency backups. However, it is the User's responsibility to make backups of its services. NetHeberg cannot be held responsible for any loss of data on its network.

Article 5.5 : NetHeberg cannot be held responsible for damages caused on a hosting by the introduction of viruses or vulnerabilities created by the User. The User is fully responsible for the data on his hosting and for the possible consequences of it.

Article 5.6 : NetHeberg may require a registered User to provide an identification document in order to remove reasonable doubt about the User's account information. If the User refuses, his or her services may be suspended.


Article 6 - Identifiers and access rights in general

Article 6.1: Each User of the NetHeberg service has a personalized and confidential identity and access
access rights, for which he/she undertakes to be the only one to use them under his/her sole responsibility.

Article 6.2: The User is only responsible for the consequences of the loss of his/her password(s).
In case of loss or theft, the User must inform NetHeberg as soon as possible which will immediately cancel the password. New credentials will be sent to the customers by e-mail. In case the
beneficiary of the NetHeberg service is not a credited buyer or recipient, the beneficiary is not entitled to access or use the service.

Article 6.3: Each User's service access credentials shall be known only to the User who holds them. Those provided at the time of the acquisition of a service, if any, must be temporary. That is to say that the User must immediately edit his accesses as soon as he connects to the service for the first time.

Article 6.4 : NetHeberg is not responsible in any case when identifiers are compromised.
The User has the possibility on most of the services provided by NetHeberg to add additional users in order to protect his services in case he wishes to share or collaborate on them.


Article 7 - Refunds and right of withdrawal.

Article 7.1: The client can only request a refund within 48 hours of the purchase of the product, except for domain names, credits, and software (including licenses) which are not refundable. After this period, it is no longer possible to obtain a refund. The service is considered as consumed.

Article 7.2 :When the service is used for the first time, the customer can no longer obtain a refund, unless otherwise decided by the support.

Article 7.3 : Any service deleted due to fraudulent use cannot be refunded. The customer is responsible for the content present on his service.

Article 7.4 : The customer cannot ask for a refund if his information is false and/or if he is a minor. An identity check at the time of the refund will be carried out.

Article 7.5 : To obtain a refund, the customer must contact NetHeberg by assistance ticket on his customer area. The assistance ticket will also allow the cancellation of the service.

Article 7.6 : The customer will be refunded by the payment method used at the time of the order. The days used will be deducted from the value of the service, unless otherwise decided by the support.

Article 7.7 : Cancelled services (indicated on the customer area) are not refundable.


Article 8 - Accessibility and operating time.

NetHeberg will make every effort to ensure that the service is available 24 hours a day, 7 days a week, subject to interruptions and necessary maintenance.

Article 8.1: NetHeberg reserves the right to interrupt the Internet connection of the host or even of the server, if it constitutes a danger
for the maintenance of the security of the NetHeberg hosting platform, either after a hack of the FTP or even of the server. NetHeberg undertakes to restore
the connection as soon as the client takes corrective measures.

Article 8.2 : NetHeberg will endeavor to ensure the availability of the service 24 hours a day, 7 days a week, depending on possible problems and maintenance delays that require an interruption of the access to the server
In the event of liability on the part of NetHeberg, the Client shall not be entitled to claim any consequential damages such as loss of customers, sales or profits.
In any case, the amount of damages that NetHeberg could incur, if its responsibility is engaged, will be limited to the amount that the client has actually paid to NetHeberg during the period of the last invoicing.

Article 9 - Special access.

For reasons of security breach prevention, SSH accesses are not provided with our web offers.


Article 10 - Late payment.

In case of late payment, NetHeberg will not charge any extra fee. The customer benefits from a margin day which will be applied only a limited number of times.If this margin day is exceeded, the
unpaidservicewill be suspended.If within 5 working days the service is still not paid, NetHeberg
will proceed to the complete deletion of the data of the hosting account
NetHeberg cannot be held responsible for the loss of data due to an omission or a delay of payment.


Article 11 - Redirections.

Redirects are included in all our web packages. NetHeberg reserves the right to remove a redirect if it redirects to a link or a fraudulent content that has been cited in article 4.3 of these Terms and Conditions.


Article 12. Resale of NetHeberg services.

The customer who has subscribed to a hosting service with NetHeberg declares to use his service for personal purposes.
In no case, the client can proceed to the resale of elements of his hosting such as databases, mailing lists, email accounts or any other content of the packages sold by NetHeberg.fr.
These conditions do not apply to "reseller" offers.


Article 13 – Special conditions for software sold by NetHeberg

Article 13.1 :Software sold by NetHeberg are virtual products that cannot be returned to NetHeberg. It is therefore non-refundable.

Article 13.2 :Some software sold by NetHeberg can only be used on a single server with an activation system. The software purchased can be activated on another server, but will be automatically inactivated on the old one. Any circumvention or fraudulent installation is prohibited and NetHeberg will be automatically informed.

Article 13.3 :The sharing and resale of files or software activation keys is strictly prohibited.

Article 13.4 :Software code is obfuscated so that it cannot be read or modified by humans or software. Any modification may inactivate the software.


Article 14 - Contact NetHeberg :

Contact NetHeberg through the customer area (NetHeberg.fr) or through our contact email address: contact@netheberg.fr.

Article 14.1: Only the above mentioned means of communication are considered official.
NetHeberg cannot be held responsible for support issues outside of these.

Article 15. Right to modify this contract

NetHeberg reserves the right to modify this contract at any time. It is the client's responsibility to inform himself/herself about possible modifications of this contract.

Last modified: July 20, 2023