EasyHoster is much more than a provider

GCS: abbreviation for General Terms and Conditions of Sale, also refers to the conditions governing the use of services provided by the service provider.

CLIENT: individual or legal entity having subscribed to a service with Kim Communication Limited and benefiting from a contract with the service provider.

CONTENTS : any information of any kind whatsoever made public online on a WEB SERVER. This includes, but is not limited to: texts and files of the “image”, “audio”, “video”, “computer program” type and any other element constituting a website published on the initiative of the Customer or its user members, for which the Customer is solely responsible.

CONTRACT: any agreement formulated between the Customer and the Service Provider, including but not limited to electronic documents, e-mails, order forms, exchanges via the ticket support system. All types of documents with a contractual dimension.

MATERIAL SUPPLIER: any third party such as companies providing Kim Communication Limited with a service enabling it to fulfil contracts between it and its Customers.

MEMBER USER: a third party who visits a Customer’s multimedia application/website and leaves a trace such as an entry of personal information or other data such as, but not limited to, a discussion forum message or a blog post comment.

WEB SERVER: any physical or virtual hardware maintained by Kim Communication Limited or its various hardware suppliers which the Customer may use to send its content or make said content available via the Internet.

SERVICE: any service offered by Kim Communication Limited such as, but not limited to, domain name reservation, content hosting, installation and configuration of showcase sites, e-commerce sites and sales tunnels, assistance by e-mail or support tickets. All services are subject to acceptance of these terms and conditions.

FACEBOOK DISCLAIMER: this site is not part of the FacebookTM website or FacebookTM Inc. Furthermore, this site is in no way endorsed by FacebookTM. FacebookTM is a trademark of FacebookTM, Inc.

The purpose of this contract is to specify the terms and conditions under which Kim Communication Limited provides access to services such as, but not limited to, web hosting, domain name reservation or the creation of showcase sites, online stores and turnkey sales tunnels. The Customer acknowledges having read and understood these terms and conditions before creating an account, placing an order, paying for or renewing a service made available on the service provider’s website, which constitutes full acceptance of these terms and conditions.

Any clause demanded by the Customer which is contrary to these GTC shall be deemed not to comply with these GTC and to be non-contractual.

Should any of the clauses of this contract not be applied by the service provider, this shall not be interpreted as a waiver by Kim Communication Limited of the said contract. If one of the conditions of the contract is not applied, this will have no effect on the other conditions of these GTC.

The Service Provider exclusively sends its communications to the Customer by e-mail to the e-mail address provided by the Customer in his personal space.

It is therefore the Customer’s responsibility to provide correct information, to keep his information up to date, to keep his e-mail address in working order and to check his e-mails regularly.

The Customer is responsible for being contactable and reactive at the e-mail address provided in his customer account, in the event that the Provider should need to send him important information relating to his customer/hosting account and/or in the event that an action should be required by the Customer in order to maintain his services functional.

This also implies, for the Customer, to save the known contact addresses @easyhoster.com, in his address book and to add a “no spam” filter (white list) in his e-mail reception software/service.

Contracts signed with the Service Provider have a minimum duration defined by the Customer when ordering or renewing a Service.

An invoice is issued when a Service is registered or renewed.

The amount due for the services provided is payable by PayPal or Stripe. The Service Provider cannot be held responsible for anything to do with direct debits made by payment providers such as PayPal or Stripe.

The Service Provider reserves the right to adjust its prices at any time. This rate change will also impact previously signed contracts.

The Customer may decide at any time and without condition to deactivate the tacit renewal of the Contract. However, no refunds or credits will be issued for partially used or unused months. Credits deposited on EasyHoster accounts are non-refundable.

The Service Provider also reserves the right to close access to its Services, as well as to unpublish the Customer’s website from the first day of late payment. However, the Services will be restored once the Customer has paid the full amount due and the Service Provider has received proof of electronic payment via PayPal or Stripe.

Payment reminders sent by the Service Provider to the Customer before the Service expires are sent electronically only.

The Customer acknowledges that he has been informed and accepts that hosted data will be deleted from the subscribed Service 15 days after the expiry date visible on his member area. After deletion of this data, the Service will again be made available to other customers of the Service Provider. It is therefore the Customer’s responsibility to make all necessary backups of his or her data, even in the event of explicit or implicit termination of the Service.

Customers may request faster deletion of their data by sending a support ticket to the Service Provider. The Customer may also request confirmation of the destruction of his data from the Service Provider.

The Service Provider actively combats fraud. Most services are delivered instantly (hosting, domain names, etc.). However, the Customer acknowledges that each order is subject to human verification in the hours/days/weeks following activation of the service, and to periodic manual verification for the duration of the Contract.

In the event of suspicion of fraud relating to the means of payment used for the Order, the Service Provider reserves the right to initiate a full refund on the means of payment used and to permanently close, without notice, the customer account and all its associated services, with the permanent deletion of all data associated with the Customer.

As EasyHoster is a website, it can only be accessed via the Internet.

EasyHoster offers a 14-day “Money Back Guarantee” even though it is not legally obliged to do so due to the instantaneous nature of the delivery of the Services.

The refund is only valid on the purchase of classic web hosting.

This warranty does not apply if the Service Provider has carried out a technical intervention (so-called service, delivered by mutual agreement within 14 days). The money-back guarantee excludes :

• orders for turnkey websites (installation, configuration of WordPress by EasyHoster);
• inbound migration ;
• all on-site interventions (security, WordPress theme installation, etc.);
• in other words, all interventions requiring hours of technical services performed by an EasyHoster technician.
• are not affected by this restriction: answers to questions via tickets.

The request for reimbursement must be made by ticket support, at the latest, within 14 calendar days from the date of the initial payment for the order.

Refunds will be made within 5 working days of validation of the request by the sales department.

The Customer is informed that a refund will result in the total and definitive termination of the subscribed Service. The Customer is informed that a refund also entails the total and definitive destruction of all hosted data.

If the hosting order includes the reservation of one or more domain names, these cannot be reimbursed (cf. notion of clearly personalized goods in article 6) and will therefore be deducted from the total amount of the order before the partial reimbursement of the order (see, current rates available on EasyHoster.com).

In all cases, the customer remains the owner of his domain name (modification of NS, possible transfer to a third-party registrar, etc.).

All requests not complying with these refund conditions will be examined on a case-by-case basis. The sales department will be proactive and do its utmost, in good faith, to find a mutually satisfactory compromise.

No refunds are applicable when renewing a Contract.

Under any condition whatsoever, the decision on any refund shall be left to the sole discretion and judgment of the Service Provider and shall never exceed the amount calculated on the basis of the remaining duration of the current Contract, from which may be deducted the installation costs and the termination costs of the terminated service.

In any event, the amount of damages that may be claimed from the Service Provider, should it be held liable, shall be limited to the amount of the sums paid by the Customer to the Service Provider for the part of the Service for which EasyHoster has been held liable.

Domains must be settled annually.

The list of domain name prices can be found on the following page:
https://www.easyhoster.com/secure/cart.php?a=add&domain=register

The Customer owns all rights to the domain name reserved or transferred to EasyHoster. On simple request, the Service Provider can send him an authorization code (EPP Key or Auth Code) to transfer this domain to another service provider.

As soon as the Customer places an order for a domain name with EasyHoster, the Service Provider will submit the domain registration to the relevant registrar. The Service Provider has no control over the availability of the domain and cannot be held responsible in the event that it becomes unavailable or is subject to specific registration conditions.

In the case of a domain name offered when subscribing to an annual cycle hosting package (or higher), the domain name will be reserved for the customer free of charge for the first year (welcome gift). Unless otherwise specified, domain name renewal will be at the customer’s expense from the 2nd year onwards and billed at the current rate.

To avoid any loss of domain names, automatic renewal of domain names is activated by default in the customer’s EasyHoster account. The customer can decide at any time and independently, in his EasyHoster customer account, whether or not to deactivate the automatic renewal of his domain names.

If the Customer decides to leave the automatic renewal of his domain names active, a domain name renewal invoice will automatically be sent to the Customer 12 days before the domain name expiration date.

If the Customer has registered a payment method in his EasyHoster customer account and has decided to leave automatic renewal active for his domain names, 7 days before the expiry date of the domains, the invoices for the domain names will be debited automatically from the payment method registered in the EasyHoster customer account.

The customer may independently and at any time delete the means of payment registered in his EasyHoster customer account in order to avoid automatic debits.

The Customer is hereby expressly informed and accepts that he may not exercise his right of withdrawal in respect of the registration, transfer, or renewal of the domain name ordered (see Article 6), and that no refund is possible for domain names.

Nor can this right be exercised by the Customer when renewing the registration. A domain name is a service that is registered definitively with the worldwide organizations in charge, for a given period of time.

In accordance with the French Consumer Code, article L 121-21-8, 3°, “the right of withdrawal cannot be exercised (…) for contracts for the supply of goods made to the consumer’s specifications or clearly personalized (…).

The Customer acknowledges that the registration of a domain name with the Service Provider constitutes, through the choices the Customer has made (domain name and TLD), a clearly personalized good.

The Customer is hereby expressly informed and accepts that he/she may not exercise his/her right to withdraw from the registration of the domain name ordered.

Nor can this right be exercised by the Customer when renewing the registration. A domain name is a service registered definitively with the worldwide organizations in charge, for a given period of time.

Prior to the expiry date of the Contract, the Customer will receive an e-mail notification of the impending expiry of the Contract. The Service Provider uses an electronic reminder system, so it is advisable for the Customer to check the expiry date of his Contract in his customer account in order to renew it on time.

To cover storage costs, a late payment charge of 10% applies to all invoices not paid on time.

If the customer detects any problem, he/she must contact the Service Provider by support ticket in order to notify him/her of the problem.

The Service Provider cannot be held responsible for exceptional malfunctions of automatic mailings.

In the case of the renewal of a domain name offered free of charge when subscribing to an annual cycle hosting package (or higher), the domain name will be reserved for the customer free of charge for the first year (welcome gift). Unless otherwise specified, renewal of the domain name will be at the customer’s expense from the second year onwards and billed at the current rate.

If the Customer does not wish to renew a current Service at its expiry date (hosting, domain name, turnkey website) and has entered a payment method in his EasyHoster customer account, he is solely responsible for this and must revoke the automatic payment authorisation directly in his EasyHoster account.

In the event of unwanted automatic payment for a Hosting Service lasting at least 12 months. The customer may notify his failure to terminate via ticket within 7 calendar days of the automatic payment. He will be granted a partial refund equivalent to 11 months’ service, less interest.

If the Customer wishes to renew his Contract, he must select his payment method and will be directed to the procedure to follow. If the Customer does not respond to the various reminders sent by the electronic reminder system, it will be considered that the Customer does not wish to renew his hosting and his account may be closed and then deleted at the end of the current Contract.

If the Customer renews a Service that has been expired for more than 15 days, it is considered that a new service has been requested.

The Customer may decide to terminate the Contract at any time by notifying the Service Provider. Amounts paid by the Customer for Services from which he has benefited, even partially, cannot be reimbursed.

In the event of non-compliance with certain clauses of these GTC, the Service Provider may terminate the Contract with the Customer by operation of law. The customer will not be entitled to a refund of his hosting offer if he has failed to comply with these terms and conditions in whole or in part.

Publication of content that may give rise to civil and/or criminal liability will entitle the Service Provider to suspend the Services available to the Customer without delay and without prior notice. The Service Provider may also terminate the Contract with the Customer immediately and by operation of law, without the Customer being entitled to claim damages. In such a situation, the Customer undertakes to pay the sums remaining due on the date of termination.

The Service Provider undertakes to exercise all due care and diligence in providing and maintaining a quality Service in accordance with the practices of the profession. Due to the highly technical nature of the Service, the Service Provider can only be subject to an obligation of means. The Service Provider also undertakes to offer 24/7 access to its Services, although it cannot guarantee this due to the nature of the Internet network as well as human and material constraints.

EasyHoster provides its customers with technical assistance via e-mail and a support ticket system. This Service is limited to the disclosure of information and technical assistance directly related to the services provided to the Customer, who must first identify himself as such.

Technical assistance will not be provided to persons not registered as Customers or not listed as authorized technical contacts. The technical information provided by the Service Provider will be based on the indications and requests formulated by the Customer and will in no way engage the liability of the Service Provider in the event of damage and/or loss suffered by the Customer.

The service provider undertakes to :

• Ensure that the infrastructure operates to the best of its ability and in good faith.
• Intervene to the best of its ability and as quickly as possible in the event of an incident not resulting from misuse of the Service by the Customer.

The Service Provider will inform the Customer within a reasonable time of the nature and duration of the intervention, so that the Customer can make arrangements.

The Service Provider cannot be held liable in the event of :

• Fault, negligence, omission or default on the part of the Customer, non-compliance with advice given.
• Fault, negligence or omission of a third party over whom the Service Provider does not have complete control.
• Force majeure, event or incident beyond the control of the Service Provider.
• Termination of service for any reason.
• Misuse of the Services by the Customer.
• Partial or total destruction of information transmitted or stored as a result of errors attributable directly or indirectly to the Customer, or an external supplier.
• Total or partial non-compliance with an obligation and/or failure of operators of transport networks to the Internet world, and in particular access providers.

The Service Provider reserves the right to interrupt its Services to the Customer:

• To carry out a technical intervention to improve operation.
• If the customer’s Service poses a threat to the security of the infrastructure (hacking of the web hosting, detection of a breach in system security, abnormal use of resources, etc.).

This may include, but is not limited to, any of the following:

• infection of files by viruses or malware as a result of negligent development or lack of maintenance of the system by the customer;
• compromise of passwords, enabling a user outside the contract to exploit hosting resources;
• sending a large number of e-mails from the Web hosting server to unknown e-mail addresses or e-mail addresses returning an error;
• hosting forms not secured by a captcha that can be exploited by robots;
• hosting scripts that consume a lot of resources (numerous requests, infinite loops, numerous script calls via CRON tasks). For example, the maximum number of scripts allowed to be executed by cPanel CRON tasks is 12 per hour, i.e. 1 CRON task every 5 minutes, which is sufficient in almost all cases.

In some cases, connection to the Service will not be restored until the Customer has carried out the requested operations.

The Customer acknowledges that he has made a commitment to the Service Provider after having verified that the services proposed by the Service Provider are suitable for his needs.

The Customer must always have a second personal backup of his website content (files, databases, etc.), as well as all data associated with his hosting account (e-mails, etc.), on his computer and on another backup medium independent of the Service Provider (such as an external hard drive or cloud hosting with a third-party provider).

Website backup management

Restoration of website files and databases can be carried out at any time by the customer, independently and unlimitedly if the customer has subscribed to and configured CodeGuard’s third-party service.

At no charge and not contractually guaranteed, the Service Provider has “regular” backups replicated in 3 different countries. More information on the frequency and type of these backups can be found at: https: //www.easyhoster.com/aide/sauvegardes-incluses/

The initial aim of these internal backups is to restore the entire service as quickly as possible in the event of a technical and/or hardware failure. This is known as a Disaster Recovery Plan.

These backups are carried out regularly only if the customer is up to date with his hosting invoices.

Content backups unrelated to website hosting or hosted emails are not performed.

Similarly, some file types are not saved. This includes log files, which can grow to unreasonable volumes if not checked regularly. This also includes files identified as local backups, as it is costly and unnecessary to back up backups. The list of unsaved files can be found at: www.easyhoster.com/aide/sauvegardes-incluses/

Finally, copies cannot be made if files are encrypted, illegible or corrupt.

For the duration of the subscription, upon request to the Service Provider via a support ticket, the Customer may, subject to availability and technical feasibility on the part of the Service Provider and Third-Party Providers (Hardware Providers such as Amazon S3, cPanel, JetBackup5, OVHCloud), obtain a full or partial back-up of his cPanel account. The Service Provider shall not be held liable for any failure on the part of its Third-Party Intervenors/Material Suppliers.

The Service Provider may not be held liable for any prejudice whatsoever in the event that the frequency or completeness of free backups does not meet the Customer’s requirements. The Customer understands that he is solely responsible for his data and backups.

For the duration of the subscription, the Customer may request and receive assistance from the Service Provider for the personal backup of all data associated with their hosting account: website files, databases, e-mails, etc. In particular, these can be carried out entirely independently by the customer, at no extra cost, using a graphical hosting management interface (cPanel, Full Backup) or via command lines (Terminal, SSH Shell).

Legal information

The Customer agrees to publish, on each of the websites linked to its services, “legal notices” including, as a minimum, the following information:

• full name of the publishing director responsible for the website ;
• postal address ;
• physical address of the publishing director responsible for the website ;
• contact information (e-mail address) where the publication manager can be reached at any time and via which he undertakes to respond within 48 hours to any legal or contentious claims.

The Customer undertakes to publish accurate legal notices and to keep them up to date throughout the duration of the Contract with the Service Provider. In the event of failure to comply with these conditions, the Service Provider may require the customer to publish complete legal notices, with 48 hours’ notice prior to suspension of the associated service(s) (hosting, domain name, etc.).

Illegal activities

It is forbidden to engage in illegal activity and to distribute certain types of content via the Service Provider’s Hosting Services. The customer undertakes to comply with all legislation concerning copyrights, personality rights, third-party rights, licenses, patent or trademark rights, and to pay any distribution fees.

The Service Provider shall not be held responsible for the content, information transmitted, distributed or collected, its use and updating, nor for any files, address files, scripts and programs used by the Customer in its hosting space. The Service Provider can only warn the Customer of the legal consequences that may result from illicit activities on the Service. The Service Provider accepts no liability for the use of data made available to Internet users by the customer.

EasyHoster forbids, on these offers, the diffusion of :

• Sites related to content sharing/video streaming subject to copyright laws.
• Topics related to racism.
• Excessively violent subjects.
• Sites promoting terrorism.
• Sites that contravene applicable laws.
• Peer-to-peer software, P2P links and content subject to intellectual property laws and for which the Customer does not have permission to distribute.
• Pornographic sites. Due to the “shared” nature of the hosting provided by the Service Provider, sites not suitable for minors are not authorized.
• Pornographic and erotic sites. Due to the “shared” nature of the hosting provided by the Service Provider, sites not suitable for minors are not authorized.
• Sites that could be associated with human exploitation or prostitution (escort sites, ambiguous classifieds, and/or dating sites).
• Files of an abusive, defamatory, racist or xenophobic nature (etc…).
• Files inciting discrimination or the commission of any offence.
• Any other site deemed “suspicious” (for example, a potentially fraudulent site) may be investigated by EasyHoster on the basis of external reports or manual checks.

In the event of suspicion of illegal activity or other risky behavior, the Service Provider reserves the right to suspend all Customer Services permanently, without notice or, in certain cases, require the Customer to proceed with an identification procedure, providing various proofs (ID, selfie photo, proof of address, receipt of a code via SMS) in order to lift restrictions on the Customer account and associated Services.

The judgement of the non-conforming aspect will be left to the sole discretion of the Service Provider and may lead to the depublication of the contentious data without prior notice and without necessarily resulting in the termination by the Service Provider of the said service and in no case resulting in a refund, as the Customer has been warned in advance of the types of content prohibited on the Service Provider’s Services thanks to these GTC. The Customer undertakes not to include any redirection from his domain (including any type of hypertext link) to sites containing illegal content (see lists above).

This also applies to any prohibitions relating to the content and use of the Services expressly communicated by one of the Service Provider’s Suppliers. The Service Provider informs the Customer that its services are dependent on other technical operators and that it cannot be held liable for their failure.

Using the messaging service

The Service Provider provides the Customer with a messaging service. This service includes an outgoing SMTP mail server. It is the customer’s responsibility to check that e-mails sent via the outgoing mail server are actually received.

The Service Provider reserves the right to terminate a Contract immediately and by operation of law, without the Customer being entitled to claim damages, if the Customer intentionally or unintentionally engages in spamming or any other attempt at computer attacks. It is the customer’s responsibility to ensure that they do not send unsolicited e-mail (or any other form of spam) via their hosting account.

The sending of unsolicited mail (SPAM) via the Services offered to the Customer is strictly prohibited and punishable. It is therefore forbidden to send massive quantities of e-mails to people who have not requested them, to lists of e-mail addresses compiled, rented, purchased or by any other means or on a theme other than that proposed when compiling the subscriber list, which generate a high rejection rate (bounces, non-existent e-mail addresses, etc.).

Likewise, to avoid any abuse of this kind, the Customer has an automatic e-mail quota limited to a reasonable number of e-mails per hour/day. This limit is left to the discretion of the Service Provider. The Service provided by the Service Provider must be qualified as web hosting and must not be used for e-mail promotion campaigns.

The only uses tolerated via the mail server provided by the Service Provider are :

• sending transactional e-mails (e.g. invoices sent by an e-commerce site);
• daily, manual/non-grouped mailings (a few dozen e-mails sent each day by the customer and members of his team).

To this end, in the event of a breach, the Customer will be directed to service providers specializing in sending bulk e-mails, such as MailChimp or SendGrid.

Similarly, double opt-in is the only authorized way to build up a valid list of email addresses. The addition of e-mail addresses to a list is only valid if the owner of the e-mail address clicks on a link in a registration confirmation e-mail. The recipient thus provides proof that he/she is the originator of the subscription request.

The customer must inform these user members that they have the right to modify and delete their data in accordance with the French Data Protection Act.

A complaint of spamming may result in the Service being blocked and then terminated if the sender of the e-mail is unable to provide proof of voluntary and confirmed electronic registration of each subscriber (date/email/IP).

The sending of normal (non-automated) e-mail via the Service Provider’s Services is allowed. However, all canvassing e-mails are prohibited, regardless of the nature of the sender, as long as the recipient has not requested to receive them.

Access code management

The Customer is solely responsible for managing the access codes to his administration interface and assumes full responsibility for any actions, modifications or settings made within the framework of his Service. Any loss, theft, misappropriation or unauthorized use of access codes and their consequences are the responsibility of the Customer. The Customer is solely responsible for the content hosted on his account and for the distribution of this information.

The Service Provider cannot be held liable for any breach of the law by the Customer. The Customer must also comply with the export and import control laws and regulations of the United States and other countries.

The Customer agrees and acknowledges that he/she must have an up-to-date copy of the data provided to the Service Provider at all times.

Under no circumstances may the Customer claim damages or compensation resulting from technical problems of any kind whatsoever.

Proper use of the Service

The Customer shall use the Services reasonably, responsibly and in accordance with the Service Provider’s intended use, i.e. web hosting.

The offers proposed by the Service Provider represent a shared web hosting service for websites. In this sense, web hosting must not be used for anything other than hosting websites or related services (such as e-mail). Any other use is prohibited by these terms and conditions.

It is prohibited without limitation to use the Service to:

• make voluminous backups, such as those of personal computers
• private exchange of very large files between users (video storage, audio file exchange, password-protected archives, etc.).

In the event of non-compliance with this clause, the Customer will be reminded of this and may be subject to termination of the Service in the event of further non-compliance. In particular, it will ensure that these programs do not cause failure or saturation (in terms of disk, CPU or memory resources) of the servers on which they are deployed.

If the chosen hosting service uses ‘Inodes’ as a method for calculating storage limits, files larger than 200 MB are not permitted and should not remain on the hosting space long-term, as files of 200 MB can never be strictly considered as related to the simple hosting of a website’s files.

How EasyHoster uses data

The Customer agrees that his/her contact details and other personal information may be used by the Service Provider for the purposes set out in the Privacy Policy available on EasyHoster’s website.

Maintenance of scripts and hosted applications

The Service Provider and the Customer must notify each other in the event of any problem in the member area or any other problem in connection with the service provided.

The Customer therefore undertakes to:

• Use the service, and in particular the resources allocated to it, in a reasonable manner.
• Update scripts, applications (CMS, forums and others) and their extensions.
• Have the power, authority and capacity to enter into and perform the obligations under these GTC.

Otherwise, if the official or self-developed applications used by the customer have security flaws (because they have not been updated) and jeopardize the security of the infrastructure, the Service Provider cannot be held responsible.

When using the Service Provider’s services (shared web hosting, including technical support, etc.), the Customer agrees to comply with certain rules for the benefit of all parties and other users of the services.

In addition to the prohibited elements of article 8 and in order to avoid server saturation, the customer must not :

• Running processes that require more than 1024Mb (1GB) of RAM for over 300 consecutive seconds; Utilizing 100% of the CPU allocated by the hosting plan for over 300 consecutive seconds; Or using over 70% of all resources on a physical server for over 300 consecutive seconds.
• Make any use other than POST and GET requests necessary for the proper operation of a website.
• Consume more than 14Mb/s, at the same time for 1-hour or more, on the network interface of the server hosting the site.
• Store or host a file with a single size greater than 4 GB on an offer limited by Gigabytes only / 200 MB on an offer with inode limit.
• Store or host one or more local backup files older than 7 days. Personal backups (files, databases, emails) can be easily decentralized to an external storage, at least for security reasons, but also for performance concerns.
• Hosting more than 10,000 files in a single directory. For example, files from an uncontrolled cache system, or an image directory not separated into subfolders, etc. All that saturating and reducing the performance of the hard drive. These files should be distributed across multiple subfolders to avoid deteriorating performance and reducing the lifespan of storage devices.

Dedicated storage capacity depends on the offer chosen by the customer.

Exceeding the storage capacity is prohibited and will make it impossible for the Hosting account to save new data on the disk (backups, new content, files essential to the proper operation of the site or the hosting management interface). Customers will be notified of any overconsumption of their storage resources, for example from their hosting management interface (cPanel) or by e-mail, without their site being deactivated. However, overloading your space quota can affect the operation of your hosting account’s services: website, e-mail, etc.

If the Customer’s use of the Services or any other conduct intentionally or unintentionally threatens EasyHoster’s ability to serve other users in a normal manner, the Service Provider may take all reasonable steps to protect the Services and EasyHoster’s systems, including suspending the Customer’s access to the Service.

We do our utmost to provide exemplary service. It cannot be held responsible for any unavailability or problem whatsoever if it depends on a third party over which it does not have total control, or if restoring the service requires a lengthy intervention.

As the Internet is constantly evolving, the service provider reserves the right to modify its infrastructures, change its hosting servers, modify the technologies used and its services at any time and without prior notice, for both new and existing services. This applies, among other things, to changes in the customer’s hosting management panel solution. This also applies to the transfer of the customer’s service to new hosting servers, for example, in order to improve certain criteria. Due to the shared nature of its services, the service provider may also need to move hosting accounts from one server to another, for any reason relating to the maintenance of its infrastructure, or the distribution of resource consumption. The customer hereby accepts that the IP address of his service may be modified (with 3 working days’ notice). He also accepts that the NS (Name Servers) of his domain names may be modified by the service provider without prior agreement, so that the new NS (Name Servers) will direct the customer’s traffic to his new server. If the customer has registered his domain name with an external agent (third-party registrar), the customer is at the service provider’s disposal to modify his NS (Name Servers) within 24 hours of being notified of the change of hosting server, by ticket/e-mail. In the case of DNS zones customized directly by the registrar, using fields such as A, MX, SPF, etc., it will be the customer’s responsibility to change the old IP of his service to the new IP specified by the service provider, via a support ticket.

The customer is aware that the entire content of his website is under his own management and responsibility. He is therefore responsible for its maintenance. The customer must ensure the integrity of the data hosted by the service provider, as well as the security of the information (identifiers, passwords, etc.) made available by the service provider. The customer must ensure that the service is not misused, either intentionally or maliciously. The service provider advises the customer to copy (at no extra cost), at least once a week, the complete contents of his hosting account, e.g. via the graphical hosting management interface provided (cPanel, Full Account Backup), including all directories, as well as his databases, e-mails, etc., in order to save time and money. Or through command lines such as “mysqldump,” “rsync,” and services or software connected to SSH/SFTP protocols. The Service Provider is also at the customer’s disposal to set up autonomous backups from third-party hardware providers such as CodeGuard. The service provider cannot be held liable for any failure on the part of the customer to make backups.

In the event that the service provider is held liable by a judicial authority for the loss of customer data, damages may not exceed an amount equal to the services invoiced to the customer for the subscription period, or for the period of the last service renewal.

The customer is responsible for all conduct, maintenance, errors and operations on and in connection with the content of the hosting: the customer assumes all technical and financial responsibility. The Service Provider may suspend access to any hosting account containing phishing or other malicious content (virus, malware) without prior notice or compensation. The Service Provider reserves the right to close any customer account and to prohibit any future order to a Customer if it is judged that the present rules of use are not respected; or if several members of the technical support consider to be victim of harassment, pressure, threats, blackmail; or if the behavior of the Customer impacts negatively the experience of the other users in any way whatsoever; or for any reason left to the sole discretion of the Service Provider.

In this case, the Service Provider undertakes to provide the best available data backup via a download link ; and it commits to refund the amount equivalent to the unused service time and to release any domain name so that it can be transferred to a new registrar.

The Hosting Services offered by the Service Provider allow the Customer to import, submit, store, send or receive any type of content. The Customer retains all intellectual property rights to the content published via these Services.

However, use of the Service Provider’s Services does not give the Customer any intellectual property rights to the content to which he has a right of access. The customer agrees not to use any content obtained through the Service Provider without the permission of the owner of such content, unless authorized to do so by law.

Force majeure is defined as an unforeseeable and/or unavoidable event beyond the control of the Service Provider.

The Service Provider shall not be liable if the performance of the contract, or of any obligations incumbent on the Service Provider under the T&Cs, is prevented, limited or disrupted as a result of :

• a health problem for those in charge,
• of a fire,
• of an explosion,
• transmission network failure,
• of a plant collapse,
• epidemic,
• an earthquake,
• of a flood,
• power failure,
• a war,
• an embargo,
• law,
• injunction,
• request or requirement of any government,
• strike,
• a boycott,
• withdrawal of the telecom operator’s authorization,
• or other circumstances beyond the reasonable control of the Service Provider.

Subject to prompt notification to the Customer, the Service Provider shall be excused from performing its obligations to the extent of such impediment, limitation or disruption. In the same way, the Customer will be exempted from the performance of his obligations in the event that he finds himself in such a situation. This is on condition that the party so affected uses its best efforts to avoid or remedy such causes of non-performance, and that both parties proceed promptly once the situation has been restored.

The party encountering such force majeure shall keep the other party regularly informed of the progress of the situation and whether or not it has been restored.

In the event of force majeure lasting more than 30 days from the date of notification of the force majeure to the other party, the Contract may be terminated ipso jure at the request of either party, without entitlement to compensation on either side.

The customer undertakes to comply with all applicable laws throughout the life of the contract.

Any dispute with Kim Communication Limited in connection with this contract, its conclusion, performance or termination shall be governed by Hong Kong law.

The General Terms and Conditions apply without reservation or limitation to all web hosting services offered by EasyHoster to any individual or legal entity.

The Customer accepts that the Service Provider cannot be held responsible if it decides to modify and/or suspend certain services.

If the Customer had paid to use these services modified and/or suspended by the Service Provider, he could benefits from a refund of the advance payments covering the remaining duration of the service.

The Customer hereby agrees to indemnify and defend the Service Provider and any other persons affected by any claim or demand (including attorney’s fees) made by a third party in connection with the content that the Customer broadcasts, transmits or stores via EasyHoster’s services. The same applies to any infringement of third-party rights by the Customer.

The Customer may never sue the Service Provider if it decides to remove, suspend or terminate the Customer’s access to the Services (or any other measure) during investigations into a possible breach or resulting from the Service Provider’s deduction that a breach of this Agreement has occurred.

This rule applies to all breaches described or contemplated by the Contract. This rule will continue to apply after closure or expiry of the Contract.

The Customer is responsible for all use of the services via its EasyHoster member area, and this Agreement applies to all use of that account. The Customer agrees to abide by these T&Cs and to indemnify and defend the Service Provider against any claim and/or demand arising from the use of this account, whether or not the Customer has expressly authorized such use.

The Service Provider’s help pages (help center/knowledge base) provide the Customer with links to other Internet sites.

The Customer acknowledges that the Service Provider has no control over the content of these sites and that these GTC do not govern these information sites.

The Customer further acknowledges that the Service Provider shall not be liable for any damages that the Customer may suffer, directly or indirectly, as a result of using or relying on content from such sites or resources.

To the extent permitted by law, the entire liability of the Service Provider (and any persons/institutions connected with the Service Provider) for any claim under these T&C, including any legal warranty, fault or negligence on the part of the Service Provider, shall be limited to the amount paid by the Customer for the use of the Services.

The Service Provider and all persons/institutions connected with the Service Provider accept no liability for loss of profits, revenue or data, or for consequential damages.

The Service Provider and all persons/institutions connected with the Service Provider shall in no event be liable for any loss or damage which could not have been reasonably foreseen.

As the Internet is constantly evolving, the Service Provider reserves the right to modify these GTC at any time, without prior notice, and with immediate effect.

The Service Provider advises Customers to read the GTC regularly.

Changes made will be visible on this page. If the Customer does not agree with the modifications made to the GTC, he may terminate the contract no later than 30 days following the entry into force of the said modification.