Terms of Service

 

1. Preamble

All services offered to customers (below named "Customer" or "Customers") by Java-Hoster (below named "Java-Hoster") on this site is subject to Terms of Service (TOS) described below and are effective at validating the order by the Customer who then accepts them fully and unreservedly. In particular, Java-Hoster doesn't accept any of the Conditions of reviews whatsoever unless written agreement to derogate from Java-Hoster.

Java-Hoster is authorized to modify the content of these Terms of Service, subject to mention the change to the Customer and the date of taking effect, with an invitation to read the new text of the Terms of Service, available online. The agreement of the Customer shall be deemed granted if no written objection within twenty-eight (28) days of such notification, which will cause the entry into force immediately and automatically modified Terms of Service, at the expiration of this period.

2. Domain names

Java-Hoster only plays an intermediary role between the Customer and any competent authority in the allocation and management of domain names that the Customer records. Thus, the registration of the domain name will be made on behalf of the Customer which became its owner. In contrast, Java-Hoster does not affect the effective allocation of domain names and as such can not guarantee or be considered as responsible for awarding or not awarding the Customer domain names. Similarly, Java-Hoster does not guarantee that the domain names requested by the Customer to see who has already been awarded are free of rights or to remain so. The Customer releases and Java-Hoster of any claim for damages which might occur due to fraudulent use of a domain name.

Customer guarantees that the domain names he seeks does not infringe the rights of third parties. The Client therefore disclaims all liability Java-Hoster, agency management and allocation of domain names (called afterwards the "Registrar"), the provider of record (hereinafter " Registry) and, more generally, any other person or entity involved in the context of a domain name registration. In addition, the Customer warrants them against any action for claim of any nature including claims for damages a third party could make because of the fraudulent use of a domain name or distinctive signs (trademarks, trade names, logos, etc..) by the Customer and the Customer will assume all the consequences, including financial constraints resulting from the fraudulent use of the domain name that will be carried out under responsibility, and shall indemnify and compensate Java-Hoster for all convictions and defense costs incurred as a result of legal claims made by third parties.

To comply with international rules for allocating domain names, it is clear that the Customer accepts the Uniform Domain Name Dispute Resolution Policy (hereinafter "UDRP") for any payment potential conflicts involving the infringement of any person or entity regarding the use of domain names ".com,.net," ".org", ".info" or ".name". Customer agrees that it will therefore fully assume its rights and obligations in the context of a UDRP.

Customer agrees that if the authority in management and allocation of domain names are asked to transfer to a third party or to delete a domain name whose use was deemed fraudulent unless within 10 days after the decision, the Client provides a written certificate proving the introduction of a legal remedy for assert its rights.

In case the services provided by Java-Hoster would include free domain names any termination of domain names initiated by the Customer or due to the resolution of a dispute can't be eligible for refund or free replacement. As well, any termination by the Client of a domain name purchased to Java-Hoster will not be refunded or replaced, unless terminated unilaterally by Java-Hoster. This also applies to any additional service subscribed by the Client with Java-Hoster.

3. Performance guarantee

Java-Hoster implements all possible means to ensure the best possible service to its Customers. Currently, the level of availability over a year is about 99.9% (excluding exceptional event: earthquake, strikes, failure of the extended power grid or communication). Despite this and without statement in the contract, Java-Hoster is not subject to any obligation of results, but to an obligation of means.

4. Selling contract

The contract is considered as concluded at the date of confirmation by Java-Hoster of the placed order by the Client or, later, at the time of execution of the order by Java-Hoster.

The contract between the Client and Java-Hoster is concluded for an indefinite period unless clearly stated in the contract. This contract may be terminated at any time by either party, without giving any reason, subject to a written notification by registered letter. The minimum period of notice is ten days (10) from receipt of the request for termination by Java-Hoster, noting the Customer can request that the termination takes effect more than ten days (10) after re ; receipt of his request for termination.

Contracts subject to a new commitment or recommitment of more than twelve (12) months may be terminated at the end of the twelfth (12) months, upon payment of 25% of the outstanding amount before expiry of the minimum period of contract commitment.

Java-Hoster may suspend access to services and / or terminate the contract with immediate effect without prior notice, due to a serious failure by the Customer, particularly in cases of:

At the end of the contract, the reciprocal rights related to the service will end. In particular, Java-Hoster will be authorized to release the domain names selected by the Customer, delete the data used by the Client on the Java-Hoster servers including periodic reports, letters, emails, databases, source code of hosted applications.

In accordance with articles L. 121-20 and followings of the Code de la Consommation, the Customer has a right of withdrawal. The Customer has seven (7) days to exercise his right of withdrawal without any reasons or incurring penalties, except, where applicable, return costs. The Consumer may exceed this deadline in case he could not move and if he needs the service for living conditions. In this case, it would continue to exercise his right of withdrawal without any reasons or incurring penalties. This period starts from the receipt of the goods or the acceptance of the offers for services. To withdraw and cancel the order, the Customer must inform Java-Hoster by mail with acknowledgment of receipt within this deadline (postmark as a proof). The goods already received must be returned in its original packaging to Java-Hoster. Returning costs will be charged by the Customer.

The exercise of the right of withdrawal allows the Customer to obtain refund of its order. If the goods are returned only partially and/or deteriorated, Java-Hoster has the right to ask the Customer for a refund of the corresponding value.

Are not in the scope of the right of withdrawal the delivery of products/services tailor-made for the Customer, i.e. designed specifically for him and on his request. Similarly, services which can not be terminated unti a certain period (eg booking of domain names) are not affected. Services whose implementation began with the Customer's agreement before the end of the withdrawal period, are also excluded from the right of withdrawal.

5. Price and payment

The list of prices of Java-Hoster services is available on the website of the company at http://www.java-hoster.com but any formal derogating agreement between the Client and Java-Hoster will be considered. In principle, the rates are fixed by Java-Hoster. However, Java-Hoster is allowed to increase prices at any time during the contract, for updating. Java-Hoster must inform the Client of the proposed increase and its right to object, within six (6) weeks after receipt of the message. The rates revision shall be considered accepted if, within the notification period, the Customer does not object to Java-Hoster by mail with acknowledgment of receipt before the due date (postmark authentic) to notify the termination of the contract concluded with Java-Hoster.

In case of late payment, Java-Hoster will have the rights to request payment of interest at the legal rate or, at his own choice, a penalty charge equal to 1.5 times the rate of legal interests per month of delay after the due date of payment of the due amounts. Similarly, in case of late payment related to an Internet hosting service, Java-Hoster will be entitled to immediately suspend the hosting of the appropriate Customer's services.

If the notice to the Customer has no effect, Java-Hoster may contact at any time a factoring company in which case payment should intervene in favor of the account mentioned on the invoice issued. In this case, Java-Hoster will also charge the Customer for additonal twenty (20) euros for administrative expenses.

In general, the payment of products or services provided by Java-Hoster is done during purchasing. However, in cases where the contract explicitly provides for periodic billing (monthly, quarterly, yearly) payments will be made on dates mentioned in the contract.

Customer payments should be made by credit card or check. When ordering goods and/or services, the Customer is invited to provide information on his credit card and update such information after any changes.

Java-Hoster has the right to activate a domain name only after the payment of sums due under the registration (registration fees).

6. Money back guarantee

In some cases explicitly mentioned, the services offered by Java-Hoster can be provided with a money back guarantee. The Client may then terminate the contract concluded with Java-Hoster within thirty (30) days after its conclusion and may benefit in this case of a refund of monthly fees and setup fees he paid in advance. This guarantee can't be used more than once by the Customer, regardless of the type of goods and services purchased. The benefit of this guarantee is subject to the obligation of the Customer specifically mentioned in the termination letter (sent by regular postal mail with acknowledgment of receipt) that will invoke the "Money Back guarantee".

However, Money Back guarantee does not apply to reservations of domain names. Accordingly, in the case of a claim of an offer including of one or more domain names, the corresponding amount of subscriptions will not be returned to the Customer since he will be still the owner of them.

7. Responsibilities of Java-Hoster

Customer agrees to seek contractual liability Java-Hoster only in case of serious and proved failure of its obligations. In any case, Java-Hoster will not be responsible for any indirect or intangible damages suffered by the Customer, including any financial or business damages such as loss of profits, loss of data, even if the provider has been advised of the possibility of such loss or such damage.

In any case, the responsibility of Java-Hoster is limited to the amount of 3,000 euros per claim.

8. Hosted content

In accordance with French laws, all content available to the public on a website must be clearly attached to a publisher, it is imperative to specify the particular name of the editor and his address. Therefore, the Customer agrees to comply with this regulation by displaying such information on his website.

The Customer is also informed that other requirements may apply as in case of provision of multimedia services, or regarding use of personal data. The Client releases Java-Hoster from any liability towards third parties resulting from failure by him of his obligations. As a consequence, the Customer will prevent Java-Hoster from any claim regarding his obligations.

The Client, as a publisher should ensure that he doesn't present illegal content such as violations of law, against public order, morality or rights of others. In addition the Customer undertakes not to offer pornographic content. Otherwise, the Customer will be required to pay an immediate penalty of 3,000 euros per infringement and without considering any further legal action that could be given. Access to the service can be interrupted at any time by Java-Hoster.

Only the Client is responsible for hosted content on his website. Java-Hoster is not responsible for the legality and quality of content hosted and distributed by the Client. Java-Hoster has no obligation to verify whether the hosted content is a violation of any law. If Java-Hoster spots some illegal content, he has right to interrupt and/or terminate the contract in the manner provided by these Terms of Service.

In order to prevent any failure, Java-Hoster has the right to monitor content he hosts and suspend or terminate access to services. In cases of serious breaches of the rules above, Java-Hoster can terminate the contract without any refund. The Customer will become liable for damages suffered by third parties regarding hosted content by Java-Hoster on behalf of the Customer.

9. Customer Obligations

The Customer shall ensure that the data he provides to Java-Hoster are true and complete. Otherwise or in case of change, the Customer must notify Java-Hoster. In case of data verification by Java-Hoster, the Customer agrees to confirm or correct the information within two (2) weeks. In addition, Java-Hoster has the rights to ask the Client for reimbursement of costs claimed by the "Registrar" for the change of personal data.

The Customer agrees to keep confidential the passwords to access services offered by Java-Hoster and to inform immediately in case of stolen password or unauthorized use of passwords by a third party. If such use is because of a Customer's failure, Customer shall immediately pay to Java-Hoster charges for the use of services or goods corresponding to the requested price, without considering later damages that might be requested by Java-Hoster or an interested third party.

Java-Hoster servers and infrastructure are considered as safe and all will be implemented to avoid loss of data. However Java-Hoster can not be responsible in case a disaster would destroy part of the data. The Customer is required to make periodic backups of the data hosted by Java-Hoster in any medium other than Java-Hoster servers (Recovery DVD, tape backup, remote system). The Customer is also required to test any tool or program provided to verify compliance, the absence of defects and its compatibility with the environment before moving to its actual use. These obligations are also applicable to programs that will be delivered to Customer by Java-Hoster.

The Customer undertakes not to use electronic mail or other Internet support for sending, via the Java-Hoster infrastructure prospecting emails, without the express permission of the recipient, or prohibited advertising messages whose content is illegal or disparaging. This applies particularly when emails with identical contents are sent to a large number of recipients (activity called "spamming"). Such services using Java-Hoster servers is strictly prohibited and may result in interruption and/or termination of the contract according to this Terms of Service. The Customer will also be fully responsible for any damage caused to the Customer itself, Java-Hoster or any other person.

The Customer is also informed that hosted applications that would cause repeated heavy loads or servers that require too much memory compared to the offer is underwritten would be notified of the suspension content in question. The Client may then correct the situation by taking out another offer that allow the execution of applications or permanently remove the related contents. If the Customer refuses to remove such content or to upgrade his offer, Java-Hoster is allowed himself to unilaterally terminate the contract between the Customer upon repayment of the amount corresponding to the service not already used.

The transferred data volume is limited according to the subscribed service. If no limit is set explicitly, this volume (uplink and downlink traffic combined) is limited to five (5) giga-octets per rolling thirty (30) days period. Beyond that value, Java-Hoster can suspend the service.

The Customer agrees not to host applications that exposes illegal works, objects, files or data protected under copyright or related rights. The use of Java-Hoster servers called "peer-to-peer or platforms downloading, streaming or any other spead of works, objects, or files data protected under copyright or related rights is also prohibited. The promotion of such services is also prohibited.

In case of violation of the above requirements, Java-Hoster has the right to suspend his services towards the Customer and if necessary to terminate the contract unilaterally and the Customer will not be refunded.

The Client also agrees to not use or host applications that would seek to harm others as for applications that allow unauthorized access to certain areas, to use the resources at its disposal to block Internet services or disseminate components that affect computer systems (viruses, Trojan horses), to use the Java-Hoster infrastructure to make shipments in large quantities and unknown recipients of unwanted mail (activity known as "spamming") or permit others to do so ("open mail relay"), to generate phishing sites or scam sites. Any violation of this commitment will result in suspension of services a,d termination of contract by Java-Hoster. The Customer will be held solely responsible and committed to ensure against any Java-Hoster appeal submitted by a third party following the actions of the Customer.

10. Personal information management

Java-Hoster informs the Customer that personal data are collected and processed as part of the Java-Hoster policy. Furthermore, Java-Hoster will notify the Customer that the data may be transmitted to others and must be submitted for the registration of domain names amd may be displayed then in identifications system for owners of domain names (service "whois"). Java-Hoster is authorized to use the data to advise his Customers or for his internal needs. Java-Hoster shall make available to Customers free of charge and at any time, all data recorded concerning them, according to the laws applicable in France.

11. Final arrangements

Every modification, addition and deletion of partial or complete Terms of Service requires a writing agreement, including the modification or abolition of the writing requirement. If the Customer is a merchant any dispute between the parties concerning the formation, interpretation, implementation or termination of these Terms of Service shall come under the jurisdiction of the courts of Paris. These Terms of Service shall be subject to French law, excluding the provisions of the Vienna Convention on the international trade of goods.

Java-Hoster has the right to transfer the contracts with Customers and/or outsource certain supplies of goods or services without a prior written agreement from the Customer.

If one or more of the provisions of these Terms of Service were invalid, the validity of other provisions would not be affected. Whenever possible, it will be applied to a stipulation of substitution as similar as possible to that which had been drafted by the parties. Similarly, it will be the case for incomplete terms, referring, if necessary, to general principles of contract interpretation and contractual good faith.