These general terms and conditions of sale and use define the rules under which eHeberg provides the client with the service he has subscribed to. They are governed by French law and may be supplemented by special conditions. When a client creates an account on eHeberg, he/she must understand and accept these terms and conditions. eHeberg does not tolerate the violation of these terms and conditions, and any tolerance on its part cannot be interpreted as a waiver of these terms or the applicable special conditions. According to articles 1316 and following of the Civil Code and, if applicable, article L.110-3 of the Commercial Code, the parties agree that the information provided on the customer area and in these general terms and conditions of sale shall be considered valid between them.
eHeberg is the company that owns, publishes and provides services to the clients under this contract. The client is the natural or legal person holding a client account, who uses (or not) one or several services provided by eHeberg.
When a person successfully completes the account creation form on the registration page, he/she automatically accepts the General Terms and Conditions of Sale and Use (GTS and TOU) and becomes the account holder. The customer agrees to provide proof of identity and accurate contact information by providing supporting documents (ID card, passport, etc.). After the creation of the client's account, the client receives an e-mail confirming the opening of his account and containing the information necessary to connect to his account. The client fully authorizes eHeberg to collect his/her personal data and to use them in accordance with eHeberg's privacy policy. If the client is under 18 years old, he/she certifies on his/her honor to have the agreement of one of his/her legal guardians before opening an account on eHeberg. The legal guardian then fully authorizes eHeberg to collect and use his/her personal data in accordance with eHeberg's privacy policy. The client may at any time request the completeness of his data from eHeberg to ensure its portability. eHeberg reserves the right to verify the identity of the client at any time by requesting administrative documents (proof of address, ID, etc.). If the customer intentionally provides false, inaccurate, outdated or incomplete credentials, eHeberg may immediately suspend the customer's services without notice. A minor may open a customer account with eHeberg provided that he/she has the explicit consent of his/her legal guardians. Therefore, eHeberg cannot be held responsible for purchases made by a minor.
According to the article L.121-28 of the Consumer Code, the client expressly renounces to his right of withdrawal. eHeberg grants the right to fully refund the client within 5 days after the order. After this period, the client will not be entitled to a refund. To receive a refund, the client must contact eHeberg by ticket only. In case of a refund, the client agrees that the refund will be made in the form of a credit note. eHeberg never refunds by the payment method used in the above described process. Domain names are neither refundable nor exchangeable, whatever the situation. The client will not be entitled to a refund from eHeberg in case of incorrect use of the product or following a suspension of service.
The client is solely responsible for the content hosted on the services provided by eHeberg, and undertakes to defend eHeberg at its own expense in the event of a claim relating to the data, information, messages, etc., and to pay the compensation due for any damage suffered, subject to the freedom to settle and conduct the proceedings. The client fully accepts all legal obligations arising from the ownership of its services and declares that eHeberg cannot be sought or worried for any cause whatsoever, especially in case of violation of laws or regulations applicable to the client's services. The client agrees to respect the people working at eHeberg. In case of breach of this obligation, the client will no longer be able to benefit from eHeberg's help via the support and will be subject to the suspension of its services without notice or formality. If the client calls upon various people to finance his services, only the client remains the owner of the service. The client agrees not to use the service features to send massive messages (SPAM) to people who do not want them or to wrong addresses. In this respect, eHeberg reserves the right to implement software tools on the concerned service to prevent such practices. The client commits himself to set up the necessary means of backup for the continuity of his activity. The client is the only one responsible for the use of his password and commits himself to keep it secret and not to disclose it. eHeberg is in no case responsible for the loss of passwords and hacking. In this case, the client agrees to do whatever is necessary as soon as possible.
Service availability The client declares and guarantees that he/she is fully aware of the characteristics and constraints of the Internet and in particular that data and information transmissions on the Internet have a relative technical reliability. They circulate on heterogeneous networks with variable characteristics and technical capacities, which can disrupt or make impossible the access at certain periods. eHeberg endeavors to maintain all its services available 7 days a week and 24 hours a day, but has no obligation to do so. eHeberg may therefore interrupt access, in particular for maintenance and upgrade reasons, or for any other reason, in particular technical. eHeberg is not responsible for these interruptions and the consequences that may result for the client or any third party. eHeberg reserves the right to interrupt a service if it constitutes a danger for the maintenance of its platform. eHeberg disclaims all warranties, express or implied, including any warranties of merchantability, quality, fitness for a particular purpose, or fitness for a particular purpose. eHeberg does not warrant that the use or the results of the use of the materials available on eHeberg or on third party sites will be correct, accurate, timely, reliable, or of any quality whatsoever. eHeberg reserves the right to block a person from its entire infrastructure in the event of a DDOS, for a limited or unlimited period of time. eHeberg provides a backup service, but the client also undertakes to perform its own backups. eHeberg is not obliged to provide the client with backups free of charge.
Hosting offers prohibit all content, whether accessible or not, such as:
- Files protected by intellectual property laws to which the client has not obtained the necessary authorization for distribution.
- P2P links containing files protected by intellectual property laws for which the client has not obtained the necessary permission for distribution from the author.
- Files of an offensive, defamatory, racist or xenophobic nature (etc.).
- Files that encourage discrimination or the commission of crimes.
- The use of VPS servers or dedicated servers for cryptocurrency mining.
The Client agrees not to use its domain or any associated hypertext link to redirect to sites offering illegal content or content prohibited by these terms and conditions. The sending of electronic mail (e-mail) through eHeberg services is not limited to normal, non-automated use. However, the sending of e-mails through eHeberg services is limited to 20,000 e-mails per day when using an automated sending mechanism, in order to avoid abuse. Sending unsolicited email (SPAM) through eHeberg services is strictly prohibited and subject to penalties, which may include immediate termination of the client's account without notice. All bulk emailing must be done with the prior consent of the recipients, and all solicitation emailing is prohibited, regardless of the nature of the sender, unless the recipient has expressly requested its receipt. In case of non-compliance with these provisions, eHeberg reserves the right to terminate the hosting contract of the client, without notice or compensation. The client is solely responsible for the content of the information hosted on his account as well as for its diffusion, and eHeberg cannot be held responsible in case of violation of French or other laws by the client.
The "Unlimited" shared web hosting offer is intended for hosting websites and includes a maximum disk space of 300GB. The use of this space to store backups or photos/mass media is forbidden, except with prior written consent from eHeberg.
eHeberg will endeavor to provide the ordered services within 72 business hours after payment of the invoice. However, certain circumstances may cause delays in delivery beyond eHeberg's control.
The client is entirely responsible for the content hosted on eHeberg's servers. eHeberg does not accept sites offering defamatory, pornographic, illegal, copyrighted, threatening or inappropriate content. If eHeberg suffers any damage due to such content, it reserves the right to claim compensation. eHeberg is not responsible for the failure of files hosted by the client. If the client infringes the copyrights, eHeberg reserves the right to suspend the service in question.
The client agrees to contact eHeberg by email (contact@eHeberg.com) before initiating a dispute with a payment or collection company in order to find an amicable solution. If the client did not contact eHeberg first, eHeberg reserves the right to charge the client a 40€ handling fee when the client opens a dispute with a payment or collection company. In case of refusal of payment, eHeberg reserves the right to charge the client a handling fee of 40€, as well as to open a collection file and/or a legal procedure in order to recover the funds. In case of dispute, eHeberg reserves the right to cut off the access to all the client's services without notice. 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, eHeberg reserves the right to charge the client the bank's handling fees (16€ per transaction). eHeberg can also call upon a collection company, the collection fees being charged to the client.
eHeberg reserves the right to terminate or modify the features of its services without notice and without justification. Similarly, eHeberg may decide to close a free account without reason.
In case of non-compliance with the present conditions, eHeberg reserves the right to temporarily or permanently suspend or even terminate the client's services. The client's account will then be automatically terminated without notice, without delay and without formality, and without prejudice to any damages for eHeberg. The client agrees, once registered, to act diligently to respond to any claim and to hold eHeberg harmless at all times, upon first request, against any action, proceeding, complaint, demand, attorney's fees, expert's fees, tax fees, judgments, damages, whatever their origin, direct or indirect, and any advances made, related to the non-compliance by the client of any of its commitments defined herein and/or to the use of the services. eHeberg also reserves the right to close without notice the access to the services used by the client in case of DDOS attack thanks to the services provided by eHeberg.
eHeberg reserves the right to modify the present conditions without notice. They are regularly updated on this page, it is then up to each one to go and read them regularly. If the client does not agree with the update of the present conditions, he/she should send an email to contact@eHeberg.com but accepts that his/her client account as well as all related contracts and services will be terminated without prior notice for non respect of the contract.
If the customer encounters a problem or needs assistance, he/she can contact eHeberg's customer service by phone, live chat, or by sending a request via ticket. In case of insulting or harassing behavior towards the support staff, eHeberg reserves the right to temporarily or permanently suspend the customer's access to the support service.
All services offered by eHeberg, the conditions of their use and the content of the website are subject to French law, regardless of where they are used. In case of dispute, and if no amicable solution could be found, only the French courts will be competent to settle and judge this dispute.
Customer's failure to comply with any of the provisions of this Agreement shall not affect the validity or performance of the remaining provisions of the Agreement.