This is a computer translation. Please refer to the french
version
Article 1 : Contract of hosting
The maximum monthly traffic generated by the Web site can be fixed
at 50 Gigabytes to avoid abuses. In the event of going beyond, we warn
the customer and a choice must be made: either we invoice each Gigabytes
of going beyond started to CHF 5. - Including all taxes, or we advise
another formula of hosting (dedicated server for example).
The use of scripts cgi (Perl, PHP or other) must remain in an acceptable
measurement as for the configuration of the server. No script consuming
more 5Mb of memory at the time of its execution, nor of duration of
more than 10 seconds are not tolerated. SolidHosting
reserves the right to remove any script not respecting these instructions.
The disk space should be used only to publish information on Internet
(no backup/archive of private or professional data will be tolerated).
It is strictly forbiden to call scripts or pages on the space placed
at the disposal from IRC bots (to store the list of the connected users
for example).
Article 2 : Duration of the contract
The contract of hosting is concluded for a minimum duration of 12
months, renewable tacitly year by year except written cancellation
one month before the expiry.
Article 3 : Validity of the contract
The payment of the price of hosting means the acceptance of the general
conditions.
Article 4 : Domain names transfer
By transfer of a domain name, do will not understand the transfer
of the effective property of the right of use, but the technical transfer
(change of DNS). The customer affirms being owner of this right of
use when he asks for the transfer of a domain name or to be duly elected
by the above-named owner. SolidHosting will carry out the formalities
necessary or will guide the customer in the achievement of these formalities.
Nevertheless, the customer states to be informed that only the named
person as administrative contact for this field can validate this transfer.
SolidHosting could not be held for person in charge in impossibility
of transferring this time or domain name while resulting, this impossibility
not invalidating systematically the contract of hosting.
Article 5 : « Sub-hosting »
The « sub-hosting » towards other entities, physics or morals, as
well as the resale of the service are not authorized.
Article 6 : Payment of the invoices
The invoices are for the 12 months to come, and are due to 10 days.
In the event of nonpayment of the invoices within the delay, the
customer accepts right now an interest rate of 8%/year on the invoices,
as well as an additional invoicing of Frs. 10 - by simple reminder
letter and Frs. 30 - by recommended reminder letter. Without answer
of the customer after a 15 days deadline following the recommended
reminder, the pages will be removed without any allowance or claimable
damage by the customer. Invoices not paid being due until the normal
expiry of the contract, all the expenses resulting from covering being
to the charge of the customer.
Article 7 : Responsibility
The customer has to maintain a postal address valid in any time as
well as an electronic address of contact (email) functional and checked
regularly. SolidHosting places at the disposal of the customer an electronic
panel of administration to manage this information, available on http://www.solidhosting.ch.
The post-office boxes must always be accompanied by the actual address
(street and number) of the company or the private individual signatory
of the contract.
SolidHosting is committed providing the best possible service to
the customer, but could not be held responsible for the possible technical
problems independent of its will, such as in particular cut, overload
of line or material breakdown. To in no case, the customer will not
be able to prevail himself of damage or allowances resulting from technical
problems of some nature that it is.
SolidHosting could not be held responsible for the not-attribution
of the domain name chosen by the customer if he required of SolidHosting
to deal with it and that that not be able to be done.
SolidHosting has the right to refuse and/or cancel the hosting of
pages considered contrary with the morality or our policy, without
justification. In addition, if the hosted pages were to contain indications,
matter or any contrary element with the current or future Swiss law,
the customer is only and single person in charge in front of the courts.
By its signature, it is committed refunding SolidHosting of all the
debours or others, without exclusions, if by the fault of the pages
hosted at SolidHosting, SolidHosting were to be recognized accessory
to the illegal acts of the customer. Indeed, the customer has a total
freedom as for his webspace, insofar as it is in conformity with the
laws and rules of Switzerland. It is in particular excluded to publish
any form or associated contents directly or indirectly :
the pornography
the paedophilia
pirated programs
with a racist character
MP3 file subjected to a copyright
illegal activities
SolidHosting reserves the right, constantly and without notice, to
block the access to any Web page which it would estimate not conforms
to the Swiss or international laws and which would convey of this fact
of illicit information.
SolidHosting could be contacted directly by the holders of rights
of ownership intellectual if these rights would have been enfreints
by services offered by the means of SolidHosting, so that the accused
document is withdrawn or its blocked access. SolidHosting will examine
the complaints.
The fact that SolidHosting makes links available does not constitute
an approval at all nor a recommendation of these sites.
Article 8 : Prohibited activities
It is against the policy of SolidHosting which the user of hosting
carries out or takes part directly or indirectly in the one of the
following activities, by the means of SolidHosting:
To send electronic mails in mass to people who did not requested
it ("Junk mall" or "Spamming"). Thus, any sending of electronic
mail not requested by their recipients is strictly prohibited.
A complaint for Spamming on behalf of a user will involve the
cancellation of the contract of hosting. That includes/understands
the Spam carried out by the intermediary of a script badly configured
present on the Web site of the customer and thus giving thus
access to its functionalities from outside.
Not to respect the copyrights
To falsify information which is provided on a user of the services
of SolidHosting
To undertake any other activity which violates the law and
threatens the integrity of a computerized system or violates
the codes of conduct generally accepted on Internet.
To access or try to access in an unauthorized way in an information
processing system.
Article 9 : Cancellations
An anticipated cancellation on behalf of the Customer is possible
in any time, with a mail recommended with precise information of the
day of desired desactivation of the contract. This cancellation does
not involve any refunding and the which had invoices remain it in their
entirety.
Article 10 : Price and the general conditions modification
Any modification of price resulting from rises related to third companies
will be announced to the customer, via electronic mail, with a two
months notice. These possible rises in price give right a cancellation
with immediate effect, and the one month notice for the expiry of the
contract is not necessary; no refunding can be engaged on such a step.
The possible modifications or actualizations of the general conditions
can be consulted in any time on the site http://www.solidhosting.ch
and are announced by email with the address of contact of each contract.
The Customer commits himself consulting them, in order to keep up to
date with the possible modifications; these modifications or actualizations
are opposable to all the users as of their settings on the site of
SolidHosting.
Article 11 : Legal For and applicable duty
Any litigation in connection with this contract, its conclusion,
its execution or its cancellation is subjected to the Swiss right,
the for being in Lausanne subject to a recourse to the Federal Court
in Lausanne.