General terms and conditions
2FP : means the company 2FP SARL whose main office is located at 3 rue des Écoles, 75005 Paris, France, registered under RCS of Paris with number 477 590 731.
Customer : means any physical person, or company, who confirmed the online order on the website.
Services : means the services provided by 2FP under the name "hosting4pages", including but not limited to web hosting, domain registration, and any associated services, which services may be changed or amended at any time.
This contract aims to define the Terms and Conditions of use of 2FP's Services.
3 USE OF SERVICES
The Client will be assigned strictly personal ids and access codes, which he promises to keep confidential. If the Client requests creation of an id and access code intended for someone external to his company, he answers for this user's respect of conditions in the present contract governing uses of 2FP's Services.
The Client is responsible for caring of access codes which have been given to him. In the case he is aware of the fact that someone else use them without authorisation access, the Client will notify 2FP without delay about the fraud.
The Client acknowledges not to use 2FP's Services for unsolicited bulk emailing ("spam") or any other fraudulent/abusive use. Any abuse will make 2FP stop providing Services.
3.1 Web Hosting Services
2FP allows the Customer to host a web site within an allocated disk space. The content of the web site is created and updated by the Customer under his own responsibility. Thus, the Customer enjoys a total liberty for the content of his web site, so long as it stays within the law of France, and his country of residence, as well as with the common use, on the Internet, and as such : the processing of personal data, the protection of youth, the human person, the copyright laws. Generally, the Customer will not store or broadcast any data that may in any way be against the right of others, or against the law, and store or broadcast pornographic material. If the Customer does not comply with the above, 2FP reserves the right to suspend or close the web site immediately.
3.2 Domain Name Registration Services
The Client owns the domain name registered. 2FP simply acts on the Client's behalf. Client acknowledges that 2FP services consist only of including in the shared domain names database, the domain name choosen by the Client, for the duration of the present contract and without prejudice, notably, that the domain name is available and that the Client respects terms and conditions of the present contract.
The Client acknowledges to register and use the domain name in compliance with the law and legal rights of a third party. The Client is the only entity liable for the use of the domain name. The Client looks after the editorial responsability for the domain name use. In this respect, he is responsible for consequences of any dispute related to the domain name, notably for any consequence from law or fact affecting the domain name and any trouble of law or fact caused to a third party during the domain name use.
The Client is notified that the request to register a domain name does not constitute in any cases a guarantee of attribution.
4 PERSONAL INFORMATION
The Client commits himself to provide 2FP accurate and reliable contact details and promptly correct them during the term of the present contract.
Some of these details (name, address, phone and fax numbers, domain name, names and IP addresses of nameservers) will be made public by 2FP according to ICANN rules (Whois directory and bulk access to this directory as mandated by ICANN). 2FP commits itself not to provide to third parties (except Whois directory and bulk access to Whois directory as mandated by ICANN) any information other than what is necessary for technical operation of the domain name.
The Client consents to the data processing involved in this contract. The Client represents that notice has been provided to any third-party individuals whose personal data is supplied to 2FP by the Client, and that the Client has obtained consent of any such third-party individuals.
2FP shall take reasonable precautions to protect personal data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
According to French law (law 78-17 of January 6th, 1978), the Client has access and modification rights regarding his personal data. This access and modification rights may be exercised through the support ticketing system.
The Client willful provision of inaccurate or unreliable information, its willful failure promptly to update information provided to 2FP, or its failure to respond for over fifteen calendar days to 2FP requests by electronic mail concerning the accuracy of contact details associated with the Client shall constitute a material breach of the contract and be a basis for cancellation of the Services offered.
5 DURATION OF CONTRACT / RENEWAL
This agreement is signed for the period for which payment has been made.
In case the Client fails to pay or irregularly pays all sums owed to 2FP, it will cause the cancellation of the present contract with the Client and the terminaison of Services without prior notice nor compensations.
The Customer can terminate this agreement by opening a Support Ticket in the Member's Area. The Customer will not be entitled to any refund if the agreement is terminated before or after the renewal date.
Any started contractual period of Services is due in full. If this contract is terminated after Client's fault or by the Client before expiration, any money given by the Client to 2FP will not be refunded, nor converted to a credit, neither in full nor in part, without prejudice to compensation of the full damage for 2FP.
6 RESPONSABILITY LIMITATIONS
Responsability of any of the parties can not be searched if processing of the obligations is delayed or prevented by a case of absolute necessity as such as: social conflicts, freezing of means of transport, civil or military authorities interventions, natural disasters, fires, water damages, faults or interruptions in the telecommunication network, Internet, or electrical network. If the event extends itself over a two months period, the present contract can be cancelled by a registered postal letter, unless other agreement between parties.
2FP will not be responsible for any unavailability of Services caused by failure of Internet or any third parties, and especially telecommunication operators.
The Client will indemnify 2FP for any damage resulting in his implication and having its root in a breach of the present contract.
If any condition of the present contract is proved to be null in the eyes of a law in effect or a judicial decision becoming final, it will be reputed not to be written, without causing nullity of the present contract, nor altering validity of other conditions. The fact that any of the parties do not claim application of a given clause of the present contract or acquiesce in its non-performance, in a permanent or temporary way, will not be interpreted as a renunciation by this party to rights coming for it from this clause.
The Client agrees to indemnify, defend and hold harmless 2FP, its directors, officers, employees and agents from and against all and any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Client's use of the Services offered by 2FP.
7 DISPUTE RESOLUTION
The Client and 2FP agree to attempt to resolve any dispute between them prior to resorting to litigation.
Each party to this agreement expressly and irrevocably consents and submits to the jurisdiction of the "Tribunal d'Instance", "Tribunal de Grande Instance" or "Tribunal de Commerce" of Paris, France, in connection with any such legal proceeding, or to the jurisdiction of the Customer's domicile.
In case of disputes on use of 2FP's Services, parties agree on the fact that recordings made by 2FP systems on use of the Services and especially use of personal ids and access codes of the Client will be equivalent to proof between parties.