1 : DEFINITIONS

 

Each expression below will have the significance which is hereafter given to it, namely:
iEUROPPRO SS : Represents the iEUROP SS company , hereafter called "iEUROP", located at : BP 40130 , 75422 PARIS CEDEX 09, France.
Customer : Any adult individual within their legal rights, or a legal entity having signed an order form online or in writing.
Services : Indicate the iEUROP offers "PRO Pack” and "EXPERT Pack" concerning the paid web hosting of sites. It is also referred to as "the Service".
Internet : : Abbreviation of "Interconnected Networks", networks of all sizes inter-connected by the IP protocol and located throughout the world.
Identifiers : Indicate the coupled username/password, which allows the Customer to connect him/herself to one of the iEUROP services.
Web space : Indicates the storage allocated by iEUROP for each site.

 

2 : OBJECT

 

The aim of this contract is to define the terms and conditions as well as the methods according to which iEUROP places its services at the disposal of its Customers. All of the characteristics of these Services are detailed on the website accessible at the address: http://www.ieuroppro.com/comparison.php which the Customerhas admitted having knowledge of.

The purchase order forms posted online form an integral part of this contract. Any order of one or several services from iEUROP online implies acceptance by the Customer of this contract. This contract is subscribed for the Services ordered for a one year period from its effective date as defined in Article 6 below. This contract can be renewed by the Customer within the initial expiration period according to the tariff conditions then in force and in accordance with the provisions of Article 8 below.

The use of the Services is exclusively intended for the hosting of personal and professional sites, excluding any site for remote downloading or storage of files in all forms(images, sounds). In addition, the customer agrees not to use the services offered by iEUROP for the creation of "adult" sites (erotic sites or pornographic in nature). iEUROP reserves the right to determine whether a site is regarded as "adult" and thus not allowed on the services hosted by iEUROP. The customer will be granted ftp access in order to update this said customer's site. However, if the customer wants to use ftp access from behind a firewall, the customer will be solely responsible for the resolution of any technical issues arising from the customer's use of the firewall. The Customer accepts these restrictions without reserve and commits him/herself to respecting the normal use of the Service.

Availability: The service is available 24 hours a day, 7 days a week, and 52 weeks per year. iEUROP will endeavor to maintain the continuity of the services and is committed to an obligation of means. However, iEUROP reserves the right to stop the Service in order to undertake repairs and for the maintenance of the material, such as the correction of software defects. iEUROP will not be held responsible for any interruption due to its IP suppliers. iEUROP is committed to place at the disposal of the Customer a network of sufficient capacity to handle the normal flow of traffic. However, as this traffic is aleatory, the Customer agrees to having acknowledged the characteristics and the limits of Internet in general and, in particular, the possible saturation of the network at certain periods. The Customer also accepts the consequences of this possible saturation of the Service, it being understood that the obligation of iEUROP is an obligation of means. Use of scripts: iEUROP places at the disposal of the Customer certain pre-written scripts, but the Customer can also write his/her own scripts in PHP. As these scripts use more system resources than simple pages, there are some restrictions in the use of these functionalities. Scripts must use reasonable system resources. iEUROP reserves the right to suspend any scripts which use a very high level of CPU cycles and a very high RAM capacity. iEUROP will make every effort to warn the customers using the offending scripts before suspending them. However, if scripts cause problems with other customers or if they require too many resources, iEUROP reserves the right to stop them without notice. Scripts should not interact with any server configuration or materials. The execution of scripts of this kind will result in the immediate cancellation of the Customer's account without refund.

Use of PHP/MySQL: The Customer is hereby informed that abusive use (or incorrect programming) of MySQL and PHP (infinite script loops, persistent connections, etc.) can adversely affect the operation of the site on a mutual server and will expose the Customer site concerned to the risk of suspension without notice in order to guarantee an acceptable quality of service to all the Customers of the server.

"Spamming" (or the massive sending of non-requested email) consumes a high level of resources. This practice is therefore forbidden on iEUROP servers. It is also forbidden to ensure the promotion of a site hosted on a server of network iEUROP by "Spamming", even if the emails are sent by bots which do not form part of the iEUROP network. In this case, iEUROP reserves the right to immediately suspend and/or cancel the account of a customer without preliminary notification. Generally the use of the functions of mail will not be allowed to consume a volume of resources incompatible with the operation of the site on a mutual server.

 

3 :DOMAIN NAME

 

Property of the domain name: : The Customer is the owner of the reserved domain name, iEUROP acts only as a technical intermediary between the customers and the naming organizations. The general conditions of these naming organizations (ASCIO, www.ascio.com) are thus applied In addition, iEUROP can not be held responsible for the non-availability of an ordered domain name. This fact does not automatically cancel the hosting Services ordered.

The Customer admits depositing and using the domain name in conformity with the legislation in force and the statutory duties of all third parties. The Customer commits himself to compensate, defend and release from any responsibility the iEUROP company against all damages, responsibility, costs and expenditure, including reasonable legal fees, arising from or in connection with the recording of the customer's domain name or by the use the Customer makes of the domain name. Recording of the domain name: iEUROP does not have any right on the domain name ordered by the Customer and is committed to providing the Customer with all elements necessary for its management, in particular for the possible transfer to another webhost. iEUROP will carry out the formalities requisite for the achievement of the Service. Nevertheless, the Customer hereby agrees that only the person named as the administrative contact for this site can validate this transfer.

For this reason, iEUROP can not be held responsible for the impossibility of transferring this domain name or for any resulting delays. This impossibility does not systematically invalidate the contract of hosting. iEUROP is thus committed to this purpose only by an obligation of means.

 

4 : RESPONSIBILITY OF THE CUSTOMER

 

The Customer is solely responsible for the update and the contents of the Customer's site. For this reason, he cannot preserve nominative data without having received the authorization of the CNIL (law of January 6, 1978). He is committed to not adding hypertext that leads towards sites or pages that are not conform to this legislation. He is committed to not providing pages, images, texts, videos, sounds or animations which could harm the image of iEUROP or are not conform to French legislation. The prohibited topics, contents or subjects, on a purely nonrestrictive basis, are: all infringement of royalties, intrusion into the private life of others, any corruption or attempt at corruption of minors, exploitation of minors, pornographic images of minors; any image, message or pornographic text likely to be read or seen by a minor; any use of image degrading of the body of a man or a woman.

The Customer will have to be particularly attentive to the protection of minors; any insult or slandering; any provocation; any encouragement of hatred, violence, racism, suicide and more generally of crime or offence, any praise for a crime or discriminatory matter.

The Customer commits himself and assumes the responsibility for any texts, images, programs or sounds that they diffuse via iEUROP. It is understood that iEUROP is discharged from any responsibility with regards to any services or information, signs, images, graphics, sounds or any and all other multimedia data, which the Customer places at the disposal of the users. In particular, the Customer will be held solely responsible for any material or bodily injury directly or indirectly caused by the use of this Customer's service. The Customer will endorse any litigation that may occur between themselves and any third person.

On the assumption that iEUROP's responsibility will nevertheless be retained by the legal authorities, the Customer is committed to dealing with the totality of the sums that could be charged to iEUROP and to compensate iEUROP for the damage resulting from a fault in the Customer's actions. The customer must maintain a valid email address and postal address. Information will be updated by the Web interface envisaged for this purpose. The customer commits himself to not penetrating the information processing systems of iEUROP or trying to use it for a purpose other than for the normal use of the service.

 

5 : RESPONSABILITY OF iEUROP

 

Safety: iEUROP can not be held responsible for the malevolent intrusion of the Customer's Web space or for the hacking of the Customer's mailboxes despite all safety measures taken by iEUROP.

Exclusion of guarantee:The service of iEUROP is provided on the basis of availability. iEUROP does not assure the marketable quality or the aptitude to fulfill a particular and/or personal purpose of the Customer or others.

Within the limits of applicable law, iEUROP will in no case be held responsible for any consequential or fortuitous damages, even if iEUROP was informed by the customer of the possibility of such a loss or such damage.

If the Services were to be disturbed or to malfunction in any way, iEUROP will not held responsible for any loss of income due to the interruption of the service. iEUROP has an obligation with regards to means and no other.

iEUROP does not provide a telephone hotline; nevertheless customer support is insured via the administration interface of the user. Customer service will endeavor to answer any inquiry as quickly as possible.

Cause beyond reasonable control: iEUROP will not be held responsible for any delay or non-execution, when the cause of the delay or the non-execution is due to the occurrence of a cause beyond its reasonable control recognized by the jurisprudence.

The case of a cause beyond control suspends the obligations born of this contract throughout all its existence. However if the case has lasted for longer than 30 consecutive days, it opens the right to the full cancellation of this contract by one or the other of the consenting parties eight days after the sending of a registered letter with notice of receipt notifying of this decision.

Allowance: The Customer agrees to defend, guarantee and to cover iEUROP against any loss, damage or complaint concerning the use of the Services provided by iEUROP to the Customer under the present contract, including, on a purely nonrestrictive basis: all false publicity, responsibility for the nature of products or services sold or suggested by the Customer, "copyright" or trade mark infringement, interruption or the malfunction of the services or for all elements undertaken or suggested by the Customer.

 

6 : PRICE, PAYMENT AND ACTIVATION DATE

 

The price of the Service (per year) is that available upon consultation of the site for this Service at the moment of the activation date of the contract. These prices are inclusive of all taxes and are payable in advance in euros for the annual period in question.

iEUROP reserves the right to apply, without delay, new taxes or any increase concerning the rate of the existing taxes corresponding to the period of the Service.

The general conditions of sale come into effect as of the acceptance of this online contract or the signature of the purchase order form by the Customer. In the case of an online payment, the activation date is immediate.

For payment by check, the activation date is the date of confirmation by iEUROP (by email) of the opening of the Service following the reception of the payment by the Customer. The payment by bank check must be in euros and/or come a banking institution located on French territory (the induced expenses do not enable us to accept other types of checks).

Payment via transfer must include the name of the domain concerned in the description field of the transfer. The activation date is fixed at the date of confirmation by email from iEUROP of the opening of the Service.

In the event of a request for a refund by the customer, iEUROP is authorized a maximum delay of 2 months to carry out such refund by check.

 

7 :CANCELLATION

 

Any defect or delay of payment by the customer will involve the automatic suspension of this contract. In the event of violation of the conditions of normal use of the Service, the Customer will be notified of these conditions by email at the address communicated by the Customer during the inscription. If this breach of the conditions remains uncorrected within the 48 hours after the reception of the aforementioned notification, iEUROP reserves the right to terminate the present contract at any moment without notice, refund, or allowances for the Customer.

In the event of the violation of any law by the Customer or in the event of unlawful acts reported to iEUROP in relation to the site of the Customer, iEUROP reserves the right to put an end to the present contract without notice, refund or allowances for the Customer.

 

8 : RENEWAL

 

At the time of the renewal, the contract will be subjected to the tariff conditions and the services in force at the date of renewal of the contract. The payment of the yearly subscription must arrive at iEUROP no later than three weeks before the end of each annual installment. Any defect or delay in the payment from the customer involves a provisional suspension of the contract until reception of the payment due. Any delay in the payment longer than 2 weeks following the date of renewal involves the final and full cancellation of the contract.

In the case of the domain having exceeded the renewal period, a specific manual treatment is necessary on behalf of iEUROP. This manual treatment incurs a penalty fixed at 150 Euros payable only via transfer, the name of the field/domain concerned must imperatively be written in the specification/description section of the transfer. Furthermore, this operation can not be undertaken, payment included, beyond the 15 days following the last day of the beginning of the redemption period.

 

9 : ATTRIBUTION OF COMPETENCE

 

This contract represents the totality of the commitments between the Customer and iEUROP concerning the above mentioned services. In the absence of such an agreement, all litigations relating to the validity, the interpretation, the execution or the non-execution of this contract, will exclusively be the competence of the Commercial Court of Paris, no matter where the defendant has his/her principal residence.