General Conditions of Use

Object

According to the article 6 of the law n° 2004-575 of June 21, 2004 for the confidence in the digital economy, it is specified to the users of the PlaneteHeberg website the identity of the various participants in the framework of its realization and its follow-up: The present conditions have for object to define the technical and financial conditions in which PlaneteHeberg commits itself to host on its platform the services of the customer. The customer expressly acknowledges that PlaneteHeberg does not participate in any way in the design, development, realization and implementation of the customer's website and its management and administration tools.

Owner: Sébastien T
SIRET: 5206861300060
Responsible for publication: PlaneteHeberg - Sébastien TONDELIER - Email
The person responsible for publication is a natural person or a legal entity.

General conditions of use of the site and the services offered

The use of the site planeteheberg.com implies the full acceptance of the general conditions of use described hereafter. These conditions of use are likely to be modified or completed at any time, the users of the site planeteheberg.com are thus invited to consult them regularly. The planeteheberg.com website can be updated at any time, as well as these conditions.

Content of the site

Any copy, reproduction, modification, publication, adaptation of all or part of the elements of the site, whatever the means or the process used, is prohibited, except prior written authorization of the owner.

Links and cookies

The site planeteheberg.com provides on various pages hyperlinks to other sites. As it is impossible to check 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 cookies on the user's computer. A cookie is a small file, which does not allow the identification of the user, but which 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 allow various measures of frequentation. Refusing to install a cookie may make it impossible to access certain services. However, the user can configure his computer in the following way to refuse the installation of cookies:
- In Internet Explorer: Tools tab (cog-shaped icon in the upper right corner) / Internet options. Click on Privacy and choose Block all cookies. Validate on Ok.
- In Firefox: At the top of the browser window, click 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 (symbolized by a cog) 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 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 could not be held responsible for the direct and/or indirect damage caused with the material of the user, at the time of the access to the site planeteheberg.com and resulting either from the use of a material, or of the appearance of a bug or an incompatibility. The owner cannot 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 possibility of calling into question the civil and/or penal responsibility of the user, in particular in the event of message with racist, injurious, defamatory, or pornographic character, whatever the support used (text, photograph...). The provision of erroneous personal information, in particular with the aim of trying to obtain a domain name in a quasi-anonymous way, is prohibited and will directly lead to the termination of the account and the related domain name(s). The customer shall be responsible for all consequences, of any nature whatsoever, including financial, in the event that he/she has not received a mandate from the persons whose names and contact information he/she transmits for the purpose of registering a domain name. The customer shall likewise 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 the client's responsibility to verify the use of the domain name in accordance with the ICANN rules, the Trustee Authority, and the contractual rules set forth by PlaneteHeberg. The client agrees, if necessary, to respect the extrajudicial dispute resolution procedure applicable to the disputed domain.

Jurisdiction

Any litigation in connection with the use of the site planeteheberg.com is subjected to the French law. The competent courts of Paris have exclusive jurisdiction.

Main laws concerned

Law no. 78-17 of January 6, 1978, as amended by Law no. 2004-801 of August 6, 2004 on information technology, files and freedoms. Law n° 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 reception of a regular newsletter. You have the possibility to unsubscribe at any time.

Hosting - VPS

PlaneteHeberg provides the client with a virtual VPS hosting infrastructure and an Internet connection whose technical characteristics are described online on PlaneteHeberg's website for a total monthly or annual amount, allowing the client to benefit from a high-speed, multi-use technical platform permanently connected to the Internet. The customer benefits from a management panel allowing him to manage the service, it is only available under the Linux operating system. The customer could not engage the responsibility of PlaneteHeberg in case his operating system would not be compatible. PlaneteHeberg is not required to provide technical support for the VPS server's operating system, nor for the software.

Domain names

The client proceeds to a detailed registration on the PlaneteHeberg website. He/she shall provide all the information required for the registration of the requested domain name. The client must also provide the addresses of the primary and secondary servers for the chosen domain name. The registration procedure is only admissible if the form is completed in full. Any incomplete information on the form will result in the failure of the registration. The Customer assures that he/she has received a mandate from all persons whose contact information he/she discloses, not only for the registration and communication of names and contact information, but also for their collection and publication on the Internet. PlaneteHeberg's indication of the availability of the domain name on its website is purely indicative. The same applies to the confirmation of the reservation made by e-mail as soon as the registration formalities have been completed and the payment recorded. Only PlaneteHeberg's validation after verification and effective registration by the registry or by the regulatory authority will be considered as registration. This validation is done 2 working days maximum after confirmation, except for particular difficulties. The requests will be transmitted by PlaneteHeberg to the registry or to the guardianship authority. It is the client's responsibility to regularly check the availability or not of the desired domain names, which availability cannot be established in real time by the databases, especially the "Whois" databases. PlaneteHeberg 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 PlaneteHeberg is unable to provide the service ordered by the client (change of registrar, owner, etc.) due to a failure on the part of the client (provision of supporting documents, correction of erroneous information, etc.), PlaneteHeberg reserves the right to cancel the order. The Client declares the information transmitted to PlaneteHeberg as being accurate and exempts it from any verification on this point. The Client agrees to notify PlaneteHeberg of any change in any of the data previously provided at the time of registration or renewal of a domain name within two working days of the change, by e-mail to the following address Email or through its customer area. PlaneteHeberg reserves the right to suspend at any time the domain name for which it would appear to be false.

Operation

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

DDOS attacks

PlaneteHeberg also reserves the right to block the client's user account or access to the client's website, if the client's user behavior or the behavior of the client's website users (such as a large number of simultaneous accesses to the client's website with a DDOS* attack) in any way impairs the functioning of the service or the client's website. PlaneteHeberg informs the client of the necessary blocking, respectively carried out (as far as possible according to the resources of the company and the concrete circumstances) in advance, or as soon as it has taken effect. Article 323-2 of the penal code: The fact of hindering or distorting the functioning of a system of automated data processing is punished by five years of imprisonment and a fine of 75000 euros.

Definitions

User: Internet user connecting, using the above-mentioned site. Personal information: "information that allows, in any form whatsoever, directly or not, the identification of individuals to whom they apply" (Article 4 of Law No. 78-17 of 6 January 1978).

General Terms and Conditions of Sale

Objects & contracts

The present General Terms and Conditions of Sale and Use govern the framework in which PlaneteHeberg provides the Client with the service to which the Client has subscribed. The present General Terms and Conditions of Sale and Use are governed by French law. (Art 15) The present General Terms and Conditions of Sale and Use can be completed by Special Terms and Conditions. The creation of a customer account on PlaneteHeberg implies the full understanding and acceptance by the customer of the present General Sales and Use Conditions. No tolerance on the part of PlaneteHeberg in the execution of the present General Sales and Use Conditions can be interpreted as a waiver of the present or applicable Special Conditions. In application of the articles 1316 and following of the Civil code and, if necessary, of the article L.110-3 of the Commercial code, the parts declare that the information indicated on the customer space and the present general conditions of sales are authentic between the parts.

Definitions and parts

PlaneteHeberg: Owner, editor and supplier of the services concerned by this contract and made available to the client.
Client : Natural or legal person holding a customer account, user (or not) of one (or several) service(s) proposed by PlaneteHeberg.

Registration

When a person has successfully completed the account creation form on the registration page, he/she automatically accepts the present conditions (T&Cs and GTCs), he/she then becomes the holder of his/her account. The customer commits himself to prove his identity and his exact coordinates by providing supporting documents (identity card, passport, etc.). Following the creation of the Customer's Account, the Customer will receive an e-mail acknowledging the opening of his account and containing the information necessary to connect to his account. The customer fully authorizes PlaneteHeberg to collect his personal data and to use them in accordance with PlaneteHeberg's privacy policy. If the customer is under 18 years old, he/she certifies that he/she has the full consent of at least one of his/her legal guardians before opening an account on PlaneteHeberg. His/her legal guardian then fully authorizes PlaneteHeberg to collect his/her personal data and to use them in accordance with PlaneteHeberg's privacy policy. The client may at any time request PlaneteHeberg to provide him/her with all his/her data in order to ensure its portability. PlaneteHeberg reserves the right to verify identity at any time by requesting administrative documents (proof of address, identity card...). In case the Client would intentionally provide false, inaccurate, outdated or incomplete identification information, PlaneteHeberg may suspend the Client's service(s) immediately, without notice. A minor can open a customer account with PlaneteHeberg under the strict condition that he/she has the explicit agreement of his/her legal guardians. Therefore, PlaneteHeberg cannot be held responsible for purchases made by a minor.

Duration and renewal of the contract

If the renewal price is not paid before the expiration of the client's services, PlaneteHeberg will not be able to renew them. The client will be alerted by email. PlaneteHeberg will 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 due date of the service.
1st payment reminder: 5 days before the due date of the service.
1st reminder of unpaid bills: 1 day after the due date of the service.
Suspension of service: 1 day after the due date of the service.
10% late fees: 2 days after suspension of service.
2nd reminder of unpaid bills: 3 days after the due date of the service.
Termination of service: 7 days after the expiration date of the service.

Any request for renewal after expiration of a domain name may result in delays in the effective launch of the service as well as in fees. The client acknowledges PlaneteHeberg's right to modify the renewal price of the purchased domain name, corresponding to the variations of the currency rates (Euro / Dollars; Euro / Pound Sterling; Euro / Swiss Franc...). PlaneteHeberg reserves the right to terminate the contract at its expiration date if it considers that the contract could be detrimental to the proper functioning of its structure.

Right of withdrawal and refund

According to the article L.121-28 of the code of consumption, the customer expressly renounces to exercise his right of retraction. PlaneteHeberg, grants the right to proceed to a full refund within 7 days after the order. Beyond this period, the customer will not be able to claim any refund. To benefit from the refund, the customer must contact PlaneteHeberg by phone only. In case of refund, you agree that the refund will be made in the form of a credit note. PlaneteHeberg does not refund the customer by the same means of payment used in the above mentioned procedure. Domain names are neither refundable nor exchangeable, whatever the situation. The client cannot claim any refund from PlaneteHeberg in case of misuse of the product or following a suspension of service.

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

Insofar as the choice of a domain name by the customer is his own, both because of the name and the extension chosen, the customer acknowledges that this domain name constitutes a custom-made good or at least clearly personalized. Consequently, the customer has no right of withdrawal under the contract, in accordance with Article L121-21-8 3° of the Consumer Code.

Customer's responsibility

The Client is solely responsible for the content hosted on the services made available by PlaneteHeberg, and undertakes to defend PlaneteHeberg at its own expense in the event that the latter should be the subject of a claim action relating to the data, information, messages, etc. ...., and to pay the compensation due in reparation for any loss suffered, provided that the Client is free to settle and conduct the proceedings. The Client declares that he fully accepts all legal obligations arising from the ownership of his services. PlaneteHeberg cannot be sought nor worried in this respect for any reason whatsoever, in particular in case of violation of laws or regulations applicable to the Client's services. The client agrees to respect the people working at PlaneteHeberg. In case of non-compliance, the client will no longer be able to benefit from PlaneteHeberg's help via the support. The customer is also exposed to the suspension of his services without notice or formality. In the case where the customer calls upon various people for the financing of his services, only the customer remains the owner of the service. The customer commits himself not to use the functionalities of the service to send messages in great number (SPAM), to people who do not wish to receive them or to erroneous addresses. In this respect, PlaneteHeberg reserves the right to set up software tools on the concerned service to prevent these practices. The Client commits himself to set up the necessary means of backup for the durability of his activity. The Client is the only one responsible for the use of his password and undertakes to keep it secret and not to disclose it. PlaneteHeberg is in no way responsible for the loss of passwords or hacking. In this case, the customer commits himself to do the necessary as soon as possible.

Availability of services

PlaneteHeberg will inform the client, as far as possible, within a reasonable delay of a possible interruption of the service, so that the client can make arrangements. The Client declares and guarantees that he/she is fully aware of the characteristics and constraints of the Internet, and in particular that the transmission of data and information on the Internet is only relatively reliable. These circulate on heterogeneous networks with diverse characteristics and technical capacities, which disrupt access or make it impossible at certain times. PlaneteHeberg makes every effort to maintain all its services 7 days a week and 24 hours a day, but is under no obligation to do so. PlaneteHeberg may therefore interrupt access, in particular for maintenance and upgrading reasons, or for any other reason, in particular technical reasons. PlaneteHeberg is in no way responsible for these interruptions and the consequences that may result for the Client or any Third Party. PlaneteHeberg reserves the right to interrupt a service, especially if the service in question constitutes a danger for the maintenance of its platform. PlaneteHeberg excludes all warranties, express or implied, including but not limited to any warranty of value, quality, correspondence to description, or fitness of the PlaneteHeberg site for a particular purpose. PlaneteHeberg does not warrant that the use or the result of the use of the materials available through PlaneteHeberg or third-party sites will be correct, accurate, timely, reliable or of any quality. PlaneteHeberg reserves the right to block a person from the entire infrastructure in the event of a DDOS, for a limited or unlimited time. PlaneteHeberg sets up a backup service. However, the customer commits himself to make his own backups. PlaneteHeberg is under no obligation to provide the client with backups free of charge.

Hosting service

For hosting offers, all contents are forbidden, whether accessible or not, such as
- Files subject to intellectual property laws and for which the client does not have the necessary consent for distribution.
- P2P links whose content is subject to the laws on intellectual property and whose client does not have the necessary agreement to disseminate from the author. - Files with offensive, defamatory, racist, xenophobic (etc. ...)
- Files inciting to discrimination, to commit any crime.

The client agrees not to include any redirection from his domain (including any type of hypertext link) to sites that contain illicit content or content as indicated above. The sending of electronic mail (email) through PlaneteHeberg services is not limited in the case of normal, non-automated use. The sending of electronic mail (email) through PlaneteHeberg services is limited, in order to avoid abuse, to twenty thousand sendings (number of emails) per day in the case of the use of any automated sending mechanism. The sending of unsolicited e-mails (SPAM) through PlaneteHeberg services is strictly forbidden and sanctioned. This may result in the immediate closure of the account concerned without notice. All bulk emailing must be done with the prior consent of the recipients. All solicitation e-mails are forbidden, whatever the nature of the sender, as long as the recipient has not requested to receive them. In all the cases mentioned above, PlaneteHeberg will be able to interrupt the hosting contract concerned without notice and without payment of compensation. The client is the ONLY one responsible for the content of all the information hosted on his account as well as for the diffusion of this information. In no case PlaneteHeberg will be held responsible for any breach of French or other laws that the client may have violated.

Shared web offers

In the framework of a shared web hosting, the customer commits himself to respect certain rules for the good of everyone. In order to avoid server saturation, you must not :
- Run any process requiring more than 2.9ghz of CPU resources, more than 32GB of RAM, more than 420 consecutive seconds of CPU usage, or using more than 95% of all the resources of a physical server, at any one time.
- Running server-side programs on the server. This includes all kinds of daemons, like IRCD. Run any binary program other than those made available by PlaneteHeberg.
- Make any use other than 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 unique size is greater than 50GB. Create a directory that contains more than 20,000 files (this is especially true of uncontrolled caching systems that result in massive writing of small files, saturating and reducing the performance of a hard drive). Use more than 500,000 inodes on a single web hosting space.
- Run software (e.g. eggdrops) that has a connection to an IRC (Internet Relay Chat) network.
- Use the services provided by PlaneteHeberg as a direct or indirect backup solution or a third party service.
- Web hosting must not be used for any purpose other than hosting websites or any related services (such as email). Any other use is prohibited by our terms and conditions.
- The databases serve only the websites of the host in the PlaneteHeberg infrastructure and must not be subject to any external access. External access is possible for development purposes. A development use is understood to be a marginal access to a single IP address of an Internet service provider.
- To use all or part of the services provided by PlaneteHeberg in addition to the hosting services provided by a third party.
Generally, the customer is warned of the overconsumption without his site being deactivated.
However, PlaneteHeberg reserves the right to suspend the service immediately and without notice if it seriously endangers the stability of the installations. The subletting of a shared web hosting space is strictly forbidden by our services. It will be punishable by a suspension then a destruction of the account concerned. The hosted person will then be alerted by email. - Only the creators of sites or webmasters can offer value-added services for their customers. - In no case " the unique offer ", PlaneteHeberg's shared web hosting must be used as a basis for the creation of a third party hosting service, whatever its nature, its technical or commercial destination.
- The use of the quota for the storage of backups or photos/mass media is forbidden on all offers unless prior written consent of PlaneteHeberg.

Unlimited shared offer

The shared web offer described as "Unlimited" is offered to customers via the "web hosting" section. This offer provides customers with up to 300GB of disk space for web hosting only. The use of the quota for the storage of backups or photos/mass media is forbidden on all the offers except prior and written agreement of PlaneteHeberg.

Service delivery

PlaneteHeberg will make every effort to deliver the ordered services within a maximum of 72 working hours after payment of the invoice. Factors may cause delays in the final delivery beyond the control of PlaneteHeberg.

Hosted content

PlaneteHeberg is in no way responsible for the files hosted on its servers, only the client being responsible. PlaneteHeberg does not accept sites that are defamatory, pornographic, contain illicit data, copyrighted documents, constitute threats or are contrary to good morals and to the proper functioning of its servers. PlaneteHeberg reserves the right to ask for a compensation for any damage suffered. PlaneteHeberg is in no way responsible for the failures of the files hosted by the client. In case of copyright infringement, PlaneteHeberg reserves the right to suspend the service in question.

Payments and disputes

The customer agrees to contact PlaneteHeberg by e-mail (Email) before opening a dispute with a payment or collection company in order to settle it amicably. PlaneteHeberg reserves the right to charge the customer 40€ for the opening of a dispute with a payment or collection company if the customer did not contact PlaneteHeberg first. In the event of a stop payment, PlaneteHeberg reserves the right to charge a handling fee of 40€ to the customer, as well as to open a collection file and/or legal proceedings to recover the funds. In case of dispute, PlaneteHeberg reserves the right to cut off the entirety of the customer's services without notice. Moreover, 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, PlaneteHeberg reserves the right to charge the bank's fees to the customer (16€ per transaction). PlaneteHeberg reserves the right to call upon a collection company. The collection fees will be charged to the customer.

Modification of services

It is reminded that PlaneteHeberg can terminate or modify the characteristics of its services at any time, without notice for any reason. PlaneteHeberg reserves the right to close a free account at any time without reason.

Non-compliance with the contract

PlaneteHeberg reserves the right to temporarily or permanently suspend or even terminate the client's services in case of non respect of the present conditions. The client's account will be automatically terminated without notice, without delay, without any formality and without prejudice of any damages for PlaneteHeberg. Once registered, the client commits to act with diligence to respond to any claim. The client will indemnify PlaneteHeberg at any time upon first demand against any action, proceeding, complaint, claim, attorney's fees, expert's fees, tax fees, judgement, damages whatever their origin, direct or indirect, and any advances made, related to the client's failure to comply with any of the commitments defined in the present document and/or to the use of the services. PlaneteHeberg reserves the right to close without notice the access to the services used by the customer in case of DDOS attack thanks to the services provided by us.

Modification of the contract

PlaneteHeberg reserves the right to modify the present conditions without notice. They are regularly updated on this same page, it is then up to each one to go to take note of them regularly. If the customer does not agree with the update of the present conditions, he should send an email to [email protected] but agrees that his customer account and all related contracts and services may be terminated without notice for breach of contract.

Support and complaints

If the client encounters a problem or has any questions, he/she can contact PlaneteHeberg's support by phone, liveTchat, or by tickets. In case of insults and/or harassment, PlaneteHeberg reserves the right to temporarily or permanently suspend the customer's access to support.

Applicable law

All PlaneteHeberg services, their terms and conditions, 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, the French courts will be only competent to recognize and treat this dispute.