TERMS AND CONDITIONS
ARTICLE 1 | DEFINITIONS
CLIENT : an individual having made an order of SERVICES and being the contract holder.
CONTENT : all components such as text, images, audio, video, programs and in general, all information of any kind made available online through the Internet by means of the SERVERS. The CONTENT includes, in particular, all the components of the website or websites placed online by the CLIENT, including components provided by third parties, such as the users of such website(s), by any means whatsoever (discussion forum, blogs, etc.).
CONTRACT : a set of contractual documents consisting of the present Terms and Conditions and any other document that refers to these Terms and Conditions.
PLANETHOSTER : refers to PLANETHOSTER Inc., as the provider of the SERVICES, located at 4416 Louis B. Mayer, Laval (Quebec) H7P 0G1, Canada and which can be reached by telephone at:
FR (toll-free hotline): 0 805 080 426
FR: +33 1 76 60 41 43
BE: +32 28 08 13 21
CH: +41 31 528 01 41
UK: +44 (0)808 189 0423
AU: +61 18 0035 1172
US: +1 855 774 4678
CA: +1 855 774 4678
QC: +1 514 802 1644
SERVERS : secure hardware platform administered and maintained by PLANETHOSTER at its premises, to which the CLIENT will be able to transfer the CONTENT via the Internet for public use. PLANETHOSTER’ servers are located in Montreal and Paris.
SERVICES : the services offered by PLANETHOSTER to CLIENTS, including the supply of the following services and any other related service:
- E-mail hosting;
- Domain names;
- Various website hosting solutions accessible to the general public through the Internet network by means of the SERVERS, including, among others, shared hosting services, shared web hosting resellers plans, dedicated server hosting, virtual dedicated server hosting, online shop hosting, and any other service of the same kind, which may be provided by PLANETHOSTER;
- The use of the website: https://www.planethoster.net (the ”website”)
ARTICLE 2 | ACKNOWLEDGMENT AND ACCEPTANCE OF THE CONTRACT
2.1 The use of the SERVICES by any CLIENT implies acceptance of the CONTRACT.
ARTICLE 3 | APPLICATION AND OPPOSABILITY OF THE TERMS AND CONDITIONS
3.1 The CONTRACT applies to the SERVICES. Any provision imposed by the CLIENT conflicting with the terms will be void and of no effect unless specifically agreed to by PLANETHOSTER, regardless of the time at which it may have been brought to PLANETHOSTER’s knowledge.
3.2 No provision of the present CONTRACT, even if not applied, shall be interpreted or construed as a waiver of PLANETHOSTER’s right to rely upon the same on future occasions.
3.3 If any provision of this CONTRACT is illegal, invalid or unenforceable, its ineffectiveness will not affect the remaining provisions of the Terms and Conditions.
ARTICLE 4 | DESCRIPTION OF THE SERVICES
4.1 PLANETHOSTER undertakes to provide the SERVICES to the CLIENT.
4.2 PLANETHOSTER makes technical assistance available to the CLIENT in connection with the SERVICES by email, Live Chat and through the member space. All means of communication are displayed on this link: http://www.PLANETHOSTER.net/Contact.
4.3 PLANETHOSTER will offer 24-7 access but is unable to guarantee such access due to the nature of the network.
ARTICLE 5 | CLIENT’S OBLIGATIONS AND RESPONSIBILITY
5.1 The CLIENT confirms having verified that the SERVICES meet his requirements and that PLANETHOSTER has provided him with all the information and advice necessary to enter into this commitment knowledgeably and willingly.
5.2 Scripts and programs that it uses in its web hosting space.
- (a) Websites, the content of the information transmitted, disclosed or collected, their operation and their update, and any other files, in particular files of addresses.
- (b) des scripts et programmes qu'il utilise dans son espace d'hébergement.
5.3 The CLIENT may not use the SERVICES to host any one of the following on its website:
- website related to content sharing / video streaming on any shared hosting services
- matters related to racism
- matters that are excessively violent
- pro-terrorist websites
- websites violating any applicable law
- peer to peer softwares
With respect to adult websites:
- It is prohibited to create a website related to zoophilia, necrophilia and pedophilia.
- All models are required to be over 18 years of age.
5.4 The CLIENT must keep a personal backup copy of its CONTENT on its personal computer or any other backup device.
5.5 The CLIENT must use the SERVICES reasonably, responsibly, and in compliance with the use intended by PLANETHOSTER. The CLIENT must, in particular, ensure that these programs do not adversely affect the SERVERS on which they are deployed (with respect to server storage, CPU or memory resources).
5.6 The CLIENT undertakes to use the SERVICES in compliance with the law, including:
- 5.6.1 with third parties’ rights, and particularly third parties’ personality, intellectual property rights such as copyrights, patents or trademarks.
- 5.6.2 any legislation and/or regulation aimed at controlling the exports and the imports of the United States and that of other countries.
- 5.6.3 any policy implemented by PLANETHOSTER.
5.8 The CLIENT acknowledges that it is responsible for any activity on its PLANETHOSTER account or via such account. The CLIENT undertakes to protect the confidentiality of its password.
5.9 The CLIENT is entitled to one data restoration of the MySQL database per month for free if PLANETHOSTER is not responsible for the incident. PLANETHOSTER retains the right to charge an extra fee if the CLIENT exceeds this quota. Data restoration requests are made by tickets.
5.10 Data restoration is unlimited and can be made via the CLIENT’s hosting control panel at all times (when the SERVICES consist of the shared hosting, resale or e-commerce only).
5.11 PLANETHOSTER and the CLIENT undertake to notify each other by email or via the member space of any problem in connection with the performance of SERVICES.
ARTICLE 6 | PROPERTY RIGHTS
6.1 Some of the SERVICES enable the download, upload, storage, sending or reception of CONTENT. The CLIENT retains all rights to its intellectual property on such CONTENT.
6.2 The use of SERVICES does not convey any right over intellectual property rights on the SERVICES or the CONTENT that may be accessed thereby. The CLIENT agrees not to use any CONTENT obtained through SERVICES without prior permission of the content owner, unless authorized by law. The CONTRACT does not convey a right to use any trademark or logo displayed on the SERVICES. The CLIENT is not permitted to remove, hide, or modify the legal notices set out in the SERVICES or with the SERVICES.
6.3 When the CLIENT imports, submits, stores, sends or receives CONTENT to or through SERVICES, it grants a worldwide license to PLANETHOSTER (and to any person working with PLANETHOSTER) for the use, web hosting, storage, reproduction, modification, creation of derivative works (translations, adaptations and other modifications aimed at improving the functioning of CONTENT through SERVICES), communication, publication, public representation, public display of this CONTENT. This authorization is provided for the entire legal length of protection of the CONTENT. The CLIENT warrants it has all rights required to grant this license with respect to the CONTENT subject to SERVICES.
6.4 PLANETHOSTER gives the CLIENT a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software, which is provided by PLANETHOSTER as part of the SERVICES. This license is exclusively intended to allow the CLIENT to use and benefit from the SERVICES provided by PLANETHOSTER, in accordance with the CONTRACT. Except for the web hosting resellers plans, the CLIENT shall not be entitled to copy, modify, distribute, sell or rent all or a part of the SERVICES or of the software that is part of it. Similarly, the CLIENT shall not be entitled to decompile or otherwise attempt to extract the source code of the software, except in those cases where the right to compile is permitted by law and within the limits allowed by law, or where the CLIENT has obtained PLANETHOSTER’s prior written permission.
6.5 Some of the softwares used as part of the SERVICES may be made available under the terms of an open source license provided by PLANETHOSTER. The open source license may contain provisions which expressly take precedence over the CONTRACT.
6.6 PlanetHoster may occasionally in events, specialized conferences and publications in professional markets, to avail themselves of services provided to customers and on its commercial documents and / or booklet, unless the customer expressly stated otherwise.
ARTICLE 7 | DOMAIN NAMES
7.1 The following domain names may be provided free of charge with an annual hosting plan: .com, .net, .org, .biz, .fr, .be, .ch, .ca, .eu. The other domains require annual fees. Prices applicable to domain names are listed on the following web page: http://www.PLANETHOSTER.net/fr/Noms-de-Domaine
7.2 The CLIENT owns all rights in connection with its domain name chosen from PLANETHOSTER. PLANETHOSTER will transmit to the CLIENT upon written request an authorization code in order to transfer the domain to another service provider.
7.3 After receiving an order for a domain name from the CLIENT, PLANETHOSTER submits an application for registration to the concerned register. PLANETHOSTER has no control over the domain availability, and may not be held responsible if it becomes unavailable or if specific conditions for its registration are required.
7.4 The CLIENT undertakes to notify PLANETHOSTER no later than 30 days following any incident related to its domain name. Should the CLIENT fail not notify PLANETHOSTER on a timely basis, PLANETHOSTER will not be held responsible for any loss of the domain name or for all damage that may result therefrom.
7.5 The CLIENT, by registering a domain name with PLANETHOSTER or transferring a domain to PLANETHOSTER, agrees to the Terms of Service of our Registration Agreement.
ARTICLE 8 | CONFIDENTIALITY AND PERSONAL INFORMATION
8.1 The CLIENT shall consider as confidential, for the duration of SERVICES and after their expiry, the information, documents, systems, know-how, formulations, or any data from PLANETHOSTER that may have been known to him/her at the time of performance of the CONTRACT, and shall not disclose them to any third party nor use them outside of the requirements of the CONTRACT.
8.2 PLANETHOSTER undertakes to take all reasonable precautions to ensure physical protection of data entrusted by the CLIENT.
8.3 All employees of PLANETHOSTER have signed employment contracts which include a confidentiality provision and a non-disclosure provision with respect to the information transmitted by the CLIENT, including any personal information.
8.4 The CLIENT expressly agrees that PLANETHOSTER shall transmit the required information (i.e the CLIENT’s postal and telephone details) to PLANETHOSTER’s business partners, including Afilias, Afnic, Arin, CIRA, cPanel, DnsBe, Eurid, ICANN, Ldns, Ripe, Switch, Verisign, Your public Interest registry, in order to provide the SERVICES. It is understood that these business partners may change and that the CLIENT agrees that the personal information as referred to in this paragraph may be transmitted to any other business partner.
ARTICLE 9 | DURATION OF THE SERVICES
9.1 The CLIENT chooses the duration of the SERVICES at the time of placing the order.
9.2 Unless the CLIENT otherwise provides notice in the manner described hereafter, the SERVICES shall be automatically renewed for an indeterminate term.
ARTICLE 10 | PRICE AND BILLING
10.1 All prices shall include all taxes and be payable in the currency chosen by the CLIENT, including Canadian dollars, U.S dollars and euros.
10.2 Prices will not be reviewed during the SERVICES provided in accordance with section 9.1. Prices can however be reviewed thereafter, in accordance with section 15.1.
10.3 Available payment methods for the SERVICES are: bank transfer, VISA, MasterCard, American Express, Paypal, Moneybookers (Skrill).
10.4 By default the renewal of the SERVICES is automatic. The CLIENT may disable this option in the “service” tab of the PLANETHOSTER member space, no later than 30 days prior to the expiry of the original CONTRACT in accordance with section 9.
10.5 When the CLIENT choses to pay by credit card, the system will automatically debit any new invoice amount 15 days prior to the expiry of the original CONTRACT, i.e. 15 days before the SERVICES’ renewal. In the event of failure, the CLIENT will be notified by email and shall therefore pay for the SERVICES in any other manner provided for by the CONTRACT.
10.6 A 10% late payment fee shall be applied to any amount which remains owing as of the due date.
10.7 Should the CLIENT fail to pay, the hosted CONTENT shall be deleted 15 days after the due date.
10.8 Credits on PLANETHOSTER accounts are not refundable.
10.9 PLANETHOSTER cannot be held responsible for preauthorized payments carried out by third parties (ex: Paypal, Skrill, etc.).
ARTICLE 11 | STORAGE AND OTHER LIMITATIONS
11.1 A storage capacity shall be allocated to the CLIENT depending on the selected SERVICES. The CLIENT may purchase additional storage space from PLANETHOSTER. Exceeding any applicable or reasonable bandwidth limit or storage capacity is forbidden and may prevent the CLIENT from performing backups or adding CONTENT. If the use of the SERVICES by the CLIENT or any other behavior, whether intentionally or not, threatens PLANETHOSTER’s ability to provide the SERVICES or other systems, PLANETHOSTER may take all reasonable measures to protect the SERVICES and PLANETHOSTER’s systems, including the suspension of the CLIENT’s access to the SERVICE. Repeated breach of the stated restrictions may result in the termination of the CONTRACT, the SERVICES and the CLIENT account.
ARTICLE 12 | WITHDRAWAL
12.1 The CLIENT may, at any time within 14 calendar days of the conclusion of the present CONTRACT, at his/her sole discretion, cancel the purchase of the SERVICES, without penalty and without cause, by sending a written notice to PLANETHOSTER.
12.2 PLANETHOSTER undertakes, where applicable, to send an acknowledgement of receipt of the cancellation to the CLIENT by email, without delay.
12.3 The exercise of the right of withdrawal by the CLIENT terminates the obligations of the parties to perform the CONTRACT.
12.4 PlanetHoster undertakes to refund, at the latest within fourteen days after the day PlanetHoster is informed of the decision of the CLIENT to retract. After 7 days of service PlanetHoster reserves the right to refund the customer in the form of credit PlanetHoster only.
ARTICLE 13 | TERMINATION
13.1 CUSTOMER may at any time and at its discretion, terminate the CONTRACT by sending a notice to PlanetHoster. The amounts paid by the CUSTOMER in relation to domain names, SSL certificates and licenses are not refundable.
13.2 PLANETHOSTER may terminate the CONTRACT at its sole discretion, upon 60 days’ prior notice.
13.3 If the CLIENT threatens legal proceedings against PLANETHOSTER, PLANETHOSTER reserves the right to cease any communication with the CLIENT and to immediately suspend the SERVICES provided to the CLIENT. Following legal proceedings, all communication shall be made through legal counsel.
13.4 If the CLIENT (i) fails to comply with any provision of the CONTRACT or (ii) broadcasts any CONTENT that is likely to give rise to civil and/or criminal liability PLANETHOSTER will then be entitled to immediately suspend the CLIENT’s SERVICES without any prior warning and to immediately terminate the CONTRACT, with no right to damages being claimed by the CLIENT. In such case, all sums due by the CLIENT shall be payable on the date of termination.
ARTICLE 14 | CASES OF FORCE MAJEURE
14.1 In situations where the SERVICES or any obligation of PLANETHOSTER under the present CONTRACT are prevented, limited or disrupted by any force majeure event beyond the reasonable control of PLANETHOSTER, including but not limited to: fires, explosions, failure of the transmission networks, collapse of infrastructures, epidemics, earthquakes, floods, electrical failure, war, embargo, law, injunction, government requirements, strike, boycott, failure of its network service provider, PLANETHOSTER shall be relieved of its obligations under the CONTRACT.
14.2 In these situations, PLANETHOSTER shall be released from its obligations within the confines of this impediment, limitation or disruption. In the case of force majeure, PLANETHOSTER shall regularly inform the CLIENT of the repercussions of the force majeure event and the prognosis for restoration of SERVICES.
14.3 The obligations arising from the contract shall be suspended for the duration of the situation of force majeure.
14.4 If the effects of the force majeure event were to last for a period exceeding two months, either party shall have the right to terminate the SERVICES, without any right to indemnification.
ARTICLE 15 | MODIFICATION OF THE TERMS AND CONDITIONS
15.1 PLANETHOSTER will amend these Terms and Conditions or any other supplementary Terms and Conditions applying to a SERVICE in order to reflect changes of law or any change to the SERVICES. PLANETHOSTER recommends that CLIENTS regularly refer to the Terms and Conditions. Changes made to these Terms and Conditions will be reported to the CLIENT via email at least 30 days prior to the date of the amendment. Any amendments will also be published [on this page]. The amendments will not apply retroactively and will come into force at least 30 days after they have been notified to the CLIENT. However, amendments that are specific to a new SERVICE functionality or amendments made for legal reasons will immediately apply. If the CLIENT does not agree with the amendments made to the Terms and Conditions of a specific SERVICE to the benefit of PLANETHOSTER, he/she may terminate the CONTRACT by sending a written notice to PLANETHOSTER no later than 30 days following the effective date of such amendment.
ARTICLE 16 | MODIFICATION OF THE SERVICE
16.1 The CLIENT agrees that PLANETHOSTER cannot be held responsible towards the CLIENT or to any third party for any amendments or for the termination of the SERVICES. If the CLIENT has paid to use the SERVICES and PLANETHOSTER terminates or significantly reduces their functionality, a reimbursement will be made to the CLIENT in proportion to the advanced payment.
ARTICLE 17 | COMPENSATION
17.1 In addition, the CLIENT shall release and indemnify PLANETHOSTER, its associated companies, its agents and employees from any liability for claims, demands, suits or actions arising from or related to its use of the SERVICES or consequent upon the violation of the present Terms and Conditions, including any liability and financial burden arising from claims, recorded losses or damages, prosecutions and court decisions, legal fees and associated counsel’s fees.
17.2 The CLIENT agrees to indemnify and defend PLANETHOSTER, its associated companies, subsidiaries, managers, representatives, employees, agents, partners, subcontractors and licensors for any claim or demand, including costs of reasonable attorney's fees, made by a third party, related to or in connection with: (a) any CONTENT submitted, displayed, transmitted or made available by the CLIENT through the SERVICES; or (b) the violation of third party rights by the CLIENT.
17.3 This means that the CLIENT shall not sue PLANETHOSTER, its associated companies, subsidiaries, managers, representatives, employees, agents, partners, subcontractors and licensors following their decision to: delete or refuse to process any information or CONTENT, warn the CLIENT, suspend or terminate the CLIENT’s access to SERVICES, or take any further measure during an investigation concerning a possible violation or resulting from PLANETHOSTER’s decision that a breach of the present CONTRACT has taken place. This provision applies to all violations described or considered in the present CONTRACT. This obligation will continue to be applicable after the termination or the expiry of the present CONTRACT or the use of the SERVICES by the CLIENT. The Client acknowledges that it shall be responsible for any use of the SERVICES via its user account, and that the present CONTRACT applies to any use of this user account. The CLIENT undertakes to comply with the present CONTRACT and to indemnify and defend PLANETHOSTER for any claim or demand arising from the use of such user account, irrespective of whether or not the CLIENT expressly authorized the use.
ARTICLE 18 | HYPERLINKS AND THIRD PARTY MATERIALS
18.1 Certain CONTENT, components or SERVICES functionalities may include information from third parties or hyperlinks to other websites, resources or content. Since PLANETHOSTER has no control over such information or third-party websites, the CLIENT recognizes and accepts that PLANETHOSTER shall not be held responsible for the availability of the websites or resources, and does not approve and guarantee their accuracy and may under no circumstances be held responsible for any content, advertisement, product or information displayed on or available from the websites or resources. The CLIENT also recognizes and accepts that PLANETHOSTER may under no circumstances be held responsible for any damage that the CLIENT has suffered or claims to have suffered, directly or indirectly, following its use of the CONTENT or the trust accorded to such CONTENT, advertisement, product or information displayed on or available from the websites or resources.
ARTICLE 19 | DISCLAIMER OF WARRANTIES
19.1 Our SERVICE offer is subject to a general obligation of diligence within the limits of commercial reasonableness.
19.2 PLANETHOSTER cannot be held responsible for any of the following circumstances:
- Deterioration of an application caused by the CLIENT and/or non-compliance with given advice;
- Improper use of the SERVERS and software by the CLIENT or its customer base;
- Partial or complete destruction of the information transmitted or stored caused by errors that are directly or indirectly attributable to the CLIENT.
19.3 PLANETHOSTER shall not be held responsible for the CLIENT’s non-compliance with the rules, laws and with national and international public policy and moral obligations.
19.4 Given the characteristics of the Internet of which the CLIENT declares having knowledge, PLANETHOSTER shall not be held responsible for:
- The content of the information that is transmitted, displayed or collected, its operation and update as well as any file and notably address files and also audio, text, images, formal aspects, data accessible on the website in any way whatsoever.
- The possible misuse of passwords, secret codes, and more generally of any information sensitive for the CLIENT. PLANETHOSTER cannot be held responsible for such management, for which the responsibility lies with the CLIENT.
- Indirect damages, referring to losses that do not directly and exclusively result from the partial or total failure of the SERVICES, such as commercial damage, loss of orders, deterioration of the brand's image, any business damage, loss of profit or loss of CLIENTS (for instance, the inappropriate disclosure of confidential information, as a result of a defect or system hacking), for which the CLIENT will act as its own insurer or may take out the appropriate insurance. Any action brought against the CLIENT by a third party constitutes an indirect loss, and thus cannot give rise to compensation.
19.5 PLANETHOSTER shall not be held responsible for the full or partial non-compliance with an obligation and/or a failure of the operators of the networks providing access to the Internet, and in particular of its access provider(s). In consequence, PLANETHOSTER informs the CLIENT that the provision of SERVICES depends on other technical operators and that it shall not be held responsible for their default.
ARTICLE 20 | LIMITATION OF LIABILITY
20.1 Within the limits of the law, the entire liability of PLANETHOSTER, its suppliers and distributors, with respect to any claim for the purpose of these Terms and Conditions, including any legal warranty, fault or negligence of PLANETHOSTER, is limited to the costs that the CLIENT has paid for the use of the SERVICES (or, at the option of PLANETHOSTER, to provide such SERVICES again).
20.2 Within the limits of the law, PLANETHOSTER, its suppliers and distributors cannot be held responsible for the loss of profit, income, data or the indirect, special, accessory or punitive damages and interest.
20.3 PLANETHOSTER, its suppliers and distributors cannot be held responsible, under any circumstances, for any loss or damage that could not be reasonably foreseeable.
20.4 Any contractual, tortious, legal or any further claim related to any loss or damage suffered by the CLIENT due to, or in connection with the CONTRACT, must be made not later than one year after the termination of the CONTRACT.
ARTICLE 21 | APPLICABLE LAW AND JURISDICTION
21.1 The laws of Quebec, Canada other than its conflict of law rules applicable in this province govern any dispute arising from the CONTRACT or the SERVICES. The federal courts or the courts of the judicial district of Montreal, Canada, shall have exclusive jurisdiction to settle any dispute, which might arise out of the CONTRACT or the SERVICES. PLANETHOSTER and the CLIENT agree to submit to the exclusive jurisdiction of those respective courts.