Terms
Web Hosting Special Terms
ARTICLE 1: PURPOSE
The purpose of these special terms is to define the technical and financial conditions under which SIMAFRI undertakes to provide storage on its infrastructure for the Client's Internet hosting service (hereinafter referred to as the "Service"). The Client expressly acknowledges that SIMAFRI does not participate in any way, within the meaning of these terms, in the design, development, creation or implementation of the Client's Service or of its management and administration software tools.
ARTICLE 2: RESOURCES - OPERATING CONDITIONS
SIMAFRI's web hosting infrastructure is accessible to the general public via the Internet network by means of stations connected to the Internet network. Within its web hosting infrastructure, SIMAFRI offers plans whose memory and processor resources are shared, as well as plans whose memory and processor resources are guaranteed, individual and scalable. SIMAFRI guarantees access to the Client's web hosting service under conditions of reasonable traffic and access to the email service under conditions of reasonable use. In the event that access to the Service cannot be maintained due to traffic exceeding the capacities of the Service, the parties shall consult each other in order to consider technical and financial modifications to the Client's hosting conditions.
ARTICLE 3: TECHNICAL SUPPORT
SIMAFRI makes technical assistance available to the Client under the conditions provided for in the General Terms of Service.
ARTICLE 4: CONDITIONS FOR THE PERFORMANCE AND INVOICING OF THE SERVICES
SIMAFRI sends the Client an email confirming the opening of the Service, providing the latter with the codes enabling them to access their Service on SIMAFRI's web hosting platform. The date of sending of the Client's Service activation email determines the initial date on which invoicing takes effect. The Client acknowledges that, in the context of certain plans, a delivery delay may occur in the event of unavailability of the resources chosen by the Client. SIMAFRI undertakes to ensure that any such delivery delay is as limited as possible and does not exceed a reasonable period; failing delivery of the Service within 7 days, the Client may request the cancellation of their order free of charge.
ARTICLE 5: OBLIGATIONS OF SIMAFRI
SIMAFRI undertakes to exercise all the care and diligence necessary to provide a quality service in accordance with the practices of the profession and the state of the art. It is bound only by an obligation of means. SIMAFRI undertakes to:
5.1. Ensure access to the Service 24 hours a day, every day of the year. SIMAFRI shall, to the extent possible, inform the Client, within a reasonable time, by email or through the SIMAFRI website, of any interruption of the service, so that the Client can make arrangements.
5.2. Intervene quickly in the event of an incident.
5.3 In the event of a serious incident affecting the proper functioning of SIMAFRI's web hosting platform, SIMAFRI shall endeavor to take all measures necessary to maintain the Service. To this end, SIMAFRI may switch the Service over to a new hosting platform for the duration of the incident or maintenance. During this period, the Client acknowledges that the performance of the Service may be partially degraded.
5.4. Keep the quality of its tools at the best level.
5.5. Protect, to the extent possible, its web hosting platform.
ARTICLE 6: LIABILITY OF SIMAFRI
SIMAFRI reserves the right to interrupt the Service, in particular if this Service constitutes a danger to the maintenance of the security of SIMAFRI's web hosting platform, whether following a hacking of said Service, or following the failure to install an application update resulting in the detection of a flaw in the security of the system. SIMAFRI undertakes to restore the connection at the Client's request, as soon as the corrective interventions have been carried out by the Client. However, in view of the seriousness of the facts, SIMAFRI reserves the right to terminate the Service in accordance with SIMAFRI's General Terms. SIMAFRI cannot be held responsible for the content of the information, sound, text, images, design elements or data accessible on the sites hosted on the Client's Service, transmitted or put online by the Client, in any capacity whatsoever. SIMAFRI cannot be held responsible for the total or partial non-compliance with an obligation and/or failure of the operators of the transport networks to the Internet world and in particular of its access provider(s). SIMAFRI cannot be held liable to the Client for the introduction of a computer virus on the Client's Service. SIMAFRI cannot be held responsible for a failure originating from improper use of the Service by the Client. Consequently, SIMAFRI recommends that the Client implement a backup measure carried out by their own means.
ARTICLE 7: OBLIGATIONS AND LIABILITY OF THE CLIENT
7.1. The Client undertakes not to host racist or illegal sites, and sites having hypertext links to this type of site are prohibited on SIMAFRI's Service. The Client undertakes not to host sites of a pornographic nature on the web hosting plans; any website of this kind hosted on an unsuitable plan may be suspended as of right. Likewise, the Client refrains from hosting any site on pages relating to any proselytizing connected with sectarian movements, or movements considered to represent a sectarian risk by State services, or recognized as such by a final court decision. They also undertake not to redirect to this type of site. The Client is responsible for compliance with the traffic volume and storage space authorized by the hosting plan and options to which they have subscribed. The Client is informed that publications constitute in particular works of the mind protected by the copyright provisions of the Intellectual Property Code. The Client is informed that media files (images, sounds, videos or files of any other nature/format), such as JPG, MP3, DIVX, ISO, etc., are subject to copyright and intellectual property rights. The Client refrains from any use of the Service for streaming purposes. They assure SIMAFRI that they hold all the intellectual property rights to all the pages and data they have hosted, that is to say the rights of reproduction, representation and distribution relating to the Internet medium, for a predetermined period. The Client therefore declares that they fully accept all the legal obligations arising from the ownership of their services, SIMAFRI not being capable of being pursued or troubled in this respect for any reason whatsoever, in particular in the event of violation of laws or regulations applicable to the Client's services. The Client declares that they have obtained all the necessary authorizations in terms of copyright, in particular from the copyright collecting societies where required. The Client undertakes to display on the web pages of their Service the identity and address of the owner or author of the web pages, and to make all the necessary applications for the creation of their Service. Non-compliance by the Client with the points referred to above, whether for the Service hosted on SIMAFRI's web hosting platform or concerning a redirection of their domain to this type of site, and in particular any activity specifically prohibited from SIMAFRI's Service and/or any content distributed that is specifically prohibited on SIMAFRI's Service and/or likely to give rise to civil and/or criminal liability and/or likely to infringe the rights of a third party, shall entitle SIMAFRI to disconnect and/or interrupt the Client's services without delay and without prior formal notice, and to terminate the contract immediately and as of right, without prejudice to the right to any damages to which SIMAFRI may be entitled. In these cases, the Client may not claim a refund from SIMAFRI of the sums already paid. The Client undertakes to pay directly to the author of any claim any sum that the latter may demand from SIMAFRI. In addition, the Client undertakes to intervene, at SIMAFRI's request, in any proceedings brought against the latter, and to indemnify SIMAFRI against all judgments handed down against it on such an occasion. Consequently, the Client undertakes to deal personally with any claim and/or proceedings, whatever their form, subject or nature, brought against SIMAFRI and relating to the obligations incumbent on the Client under this contract. The Client, who is solely responsible for the content of the Service, undertakes to ensure, at their own expense, the defense of SIMAFRI in the event that the latter is the subject of a claim action relating to the data, information, messages, etc. that the Client distributes, and to bear the compensation due in reparation for any damage suffered, provided that they have full freedom to settle and conduct the proceedings. The Client undertakes to put in place the backup measures necessary for the continuity of their activity. SIMAFRI reminds the Client that the configuration of the website associated with the Service largely determines the performance of the latter; consequently, increasing resources may not be sufficient to optimize the display of the website.
7.2. Use of CGI/PHP/SQL SCRIPTS
SIMAFRI provides web hosting plans that allow the use of CGI, PHP and SQL scripts and other executable programs. These scripts use far more system resources than simple pages, so the restrictions below apply to the use of these features. The Client has the possibility of creating and running their own CGI, PHP and/or SQL on their own account. This use must be reasonable. However, in order to provide a good quality service, SIMAFRI reserves the right to stop the execution of certain CGI, PHP, SQL and/or of the Service if they consume too much server power and jeopardize, independently of the restrictions mentioned below, the proper functioning of SIMAFRI's web hosting platform. SIMAFRI will do its best to notify clients who use scripts consuming too large a percentage of system resources before suspending them. The client is warned that use not in accordance with what is indicated above may be such as to render the operation of the Service incompatible with SIMAFRI's web hosting platform, and expose the Service concerned to suspension without notice in order to guarantee an acceptable quality of service to all the clients of the platform. Scripts must under no circumstances interact with the configuration of the Service or of the hardware. The execution of scripts of this kind may result in the immediate cancellation of the client account. Consequently, in order to assess the reasonableness of the use of scripts with regard to a web hosting platform, the following criteria will be used: - daily traffic - number of web requests per day (html, php, cgi, jpg, gif and others) - use of the machine's processor ("CPU") - use of RAM - access to an SQL server limited in the number of simultaneous requests (SIMAFRI recommends that you establish short connections and close them after use) - for other reasons not defined herein but which, in SIMAFRI's assessment, would risk jeopardizing SIMAFRI's computer system. The client will be required to state the precise reason for which they are using the scripts. Alerts are sent automatically when one of the criteria is reached, and the client is then required to confirm proper receipt of this alert by a return email, and proper understanding of the request made by SIMAFRI. If the client does not confirm this email within 12 hours, SIMAFRI reserves the right to close the Service without notice. The use of these features on the Performance plan, which benefits from individual resources, does not impact the other Services hosted on SIMAFRI's web hosting platform. Therefore, these restrictions are not extended to this plan. On the other hand, if the scripts cause problems for other clients (in particular in the event of hacking or attack) or if they penalize the service as a whole, they may be stopped without notice. This measure is applicable to all web hosting plans without exception. The Client acknowledges that, in view of sustained use of these features, they may be encouraged to opt for a higher web hosting plan, or a higher platform (VPS, dedicated server, etc.). Downloads should preferably be carried out via an FTP server.
7.3 The use of SPAM is totally prohibited.
The client undertakes not to use the features of the Service to send messages in large numbers (SPAM), or to persons who do not wish to receive them, or to erroneous addresses. SIMAFRI reserves the right to suspend the Client's email services without notice where mass email sendings from the Client's plan compromise the integrity and/or security of SIMAFRI's network. SIMAFRI implements a system of technical measures intended to combat the sending of fraudulent emails as well as the practice of SPAM sent from its infrastructures. To this end, SIMAFRI carries out verification measures on the emails sent by the Client, by means of automated tools. Furthermore, in the event of a complaint from anyone (client or non-client) concerning an email sent: - from facilities at SIMAFRI - or containing the URLs of Services hosted with SIMAFRI. In the event of non-compliance with this commitment, the client acknowledges that SIMAFRI is entitled to limit, restrict, interrupt or permanently suspend all or part of the service in question for an indefinite period, or even terminate the contract definitively in the event of non-compliance with the warnings for spamming sent by email to the client.
7.4 The Client undertakes to keep a copy of the data transmitted and stored on the hosting service, including emails sent and received.
7.5 The Client must enquire with the official registries about the conditions for registering and renewing domain names. SIMAFRI acts only as a management intermediary in the registration of domain names. For example, .FR domain names may only be lawfully registered and operated by persons residing in the European Union, and in the event of non-compliance with this rule, the registry has the possibility of suspending and deleting the domain name without notification or compensation. Any request for a transfer code, also called an EPP code, for a domain name must be made no later than 7 (seven) days before its expiry date.
ARTICLE 8: TERM, INVOICING AND PAYMENT
At the time of the Order, the Client selects the initial subscription term of the Service (the "Initial Term"). The Initial Term begins on the day the Service is activated. At the end of the Initial Term, the Service renews automatically for successive periods of the same duration (the "Renewal Period(s)"), unless the renewal term is modified or the Service is terminated in accordance with the conditions provided for below or the General Terms of Service in force. If the Client does not wish a Service to be renewed at the end of its Initial Term or of the current Renewal Period (the "Anniversary Date"), they deactivate the automatic renewal feature in their Management Interface. To be effective and result in the termination of the Service at the end of the Initial Term or of the current Renewal Period, the deactivation of the automatic renewal feature must be carried out under the following conditions: (a) For Services on a monthly renewal cycle, no later than the 19th day of the calendar month before 11 p.m. (Paris time), (b) For Services on a non-monthly renewal cycle (quarterly, half-yearly, annual, etc.), no later than the 19th day of the calendar month preceding their Anniversary Date before 11 p.m., Paris time (For example: to terminate, at the end of its Initial Term, a Service subscribed in June 2017 for one (1) year, the deactivation of the automatic renewal must take place before 19 May 2018, 11 p.m., Paris time). In the event of deactivation of the automatic renewal under the conditions provided for above, the Service concerned is automatically terminated and deleted at the end of the Initial Term or of the current Renewal Period (including all the content and data stored by the Client in the context of the Service). It is the Client's responsibility to take all measures necessary to ensure the preservation of said content and data before the termination of the Service. The Client nevertheless retains the possibility of renewing the Service concerned by reactivating the automatic renewal feature up to 24 hours before its Anniversary Date. The term, as well as the renewal and termination conditions of certain options or features that may be associated with the Service, may differ from those applicable to the Service. It is the Client's responsibility to pay attention to this.
ARTICLE 9: ABUSIVE USE OF STORAGE SPACE
For certain web hosting plans, the client is given the possibility of using unlimited data storage only under the following conditions. The files stored on the server must directly serve the client's public website. In other words, all the files on the server must be accessible via a public hyperlink available on the client's site. It is strictly prohibited to use the storage space allocated to the web hosting account for the purpose of archiving or sharing files, whether this storage is carried out directly in the server's file system or through the use of files attached to emails. Web hosting must not be used as remote storage or backup space. Audio, graphic and video files must occupy less than 25% of the total storage space used, and must not exceed 20 GB in any case. Media files must not represent more than 50% of the Client's total monthly traffic, as these are not streaming servers. Where applicable, we reserve the right not to include media files in our automatic backups. It is possible to create an unlimited number of email accounts, but each account must not exceed 5 GB of storage (2 GB in the case of inactive email accounts) and the storage used by all the email accounts must not exceed 25 GB. This authorized storage is used to keep emails until the client retrieves them. Once retrieved, emails must be deleted from the server. If the client does not respect the proper use of disk space, the account may be subject to one of the following actions: - suspension of the account; - deletion of the account; - deletion of the abusive files; - deletion of the abusive emails. Before this action, we notify the client at least 24 hours in advance so that they can make arrangements. If nothing is done or if the action is insufficient after a period of 24 hours, we will apply one of the preceding measures without further notification and without further delay. Generally speaking, the purpose of web hosting is to serve web pages and to ensure the sending and receiving of emails; its purpose is not storage or streaming.
ARTICLE 10: CONDITIONS OF USE OF FREE WEB HOSTING
By using the Simafri service to host a website free of charge, the Client automatically accepts the following conditions: a valid top-level domain name must point directly to the server's IP (it is not mandatory for this domain name to be managed by SIMAFRI); the Client must not carry out any spam or phishing activity; the Client's website must be regularly updated; the Client must protect and monitor their website against viruses and hacking; the Client must perform regular backups of their website (files, databases and emails) outside the free web hosting server. If any of these rules is not respected, the Client's web hosting account may be suspended or permanently deleted at any time, without prior notification. SIMAFRI cannot be held responsible in the event of data loss (emails, files or databases). The Client is obliged to make arrangements to regularly perform backups of their website outside the server. If the Client's domain name no longer points to the IP of SIMAFRI's web hosting server, then the Client's account will be deleted in order to free up space so that others can host their website free of charge. These precautions to be taken and these warnings are also valid for any other data (email, database, etc.) present in the Client's web hosting account.