Article 1 - DEFINITIONS

 Internet is a group of interconnected nets, placed throughout the world.
The hoster is the internet access provider here after named "Akilao Prosygma Hébergement", whose social office is situated in Zone industrielle Vidailhan - 10 rue des frères Peugeot - 31130 Balma
The customer is the physical or moral person subscriber of the order coupon online or expressly to the company.
The identifier is the couple user name/password allowing the client to identify himself on the net.
The web space is a stockage space assigned by Akilao Prosygma to every customer.

Article 2 - OBJECT

The object of the present general terms is the definition of the conditions and manners according to Akilao provides its products to its customers: Pack PROI, Pack PROII, Pack PROIII, Semidedicated and Dedicated Server Packages, within the sale of website hosting plans and domain names.
Failing the contract concluded between Akilao Prosygma Hébergement and its customer, or general or particular purchase terms expressly accepted by, Akilao Prosygma Hébergement, the effected sales are submitted to general sale terms described here after.
Consequently, every service provided by Akilao Prosygma implies the assent without reserve of the customer to the present general sale terms.
The whole offer proposed by Akilao Prosygma Hébergement is detailed to the address here after: http://www.prosygma.com/
The present contract is subscribed for a determined time by the customer and validated by the hoster on delivery of the contract expressly to Akilao Prosygma Hébergement, from the 1st payment regarding the expected hosting.
It can be renewed by full right failing notification by the customer upon one month's notice before the automatic renewal of the contract.
The payment for the hosting subscription or eventual renewals, has to reach the society Akilao Prosygma a week before the end of each yearly instalment (the invoice date bears witness to it). In the case of a non-payment or a payment delay not indicated by the customer and not effected after several raisings made by the hoster, for a lack of usage policies or for any other reason on the discretion of the hoster, Akilao Prosygma Hébergement is entitled to suspend the customer account, without any notice and immediately, until the latest regularizes this situation. In the case of violation of service usage policies, the customer account can be in the same way suspended

Article 3 à PRODUCTS

Identifier
After the online order and the validation of the hosting payment, the customer receives an identifier to the email box indicated in his order coupon. This identifier allows to manage Akilao Prosygma products ordered by the customer, ( access to the FTP server, Access and MySql databases managementé).
Web space
Akilao Prosygma offers to the customer the hosting, on DNS servers, of a domain name and on its WEB servers, of a disk space linked to, through the payment of a hire whose price depends on the product chosen by the customer. The customer will be able to choose a domain name (web address), as this is available and respecting the "charte de nommage" following the chosen extension. The customer has a total freedom regarding the content of his web space, as it's in conformity with laws and regulations into force in France and in his native country. Above all he must not publish any form of content linked directly or indirectly :
- to the pornography
- to pirate programs ( MP3, cracks ... )
- to obscene, violent, extremist aims,
- to a profane or racialist character.
Akilao Prosygma reserves the right, anytime and without notice, to put offline any content that it will consider not to be in conformity with French, International or netiquette laws.
Email address
Akilao Prosygma provides email addresses, alias email and domain name redirections to its customer whose number is defined in the package chosen by the customer.
Akilao Prosygma reserves the right, anytime and without notice to eliminate one or all the email addresses, alias and redirections, if it considers that the use of them isn't in conformity with the netiquette.
In the case of a disagreement over interests with the customer, Akilao Prosygma reserves the right to end, with a 30 days notice, the contract with the customer. In this case, the amounts received in advance will be refunded to the customer.

Article 4 - PAYMENT TERMS

Prices : The price of the services offered by Akilao Prosygma Hébergement is expressed in euros. The prices are mentioned TTC (all inclusive).
The payment for the hostings can be made by cheque, bank transfer or by the protected payment accessible through the customer administrator interface.

Article 5 à PENALTY CLAUSE

The default in total or partial payment for the service on the date at which it is payable gives by rights and forthwith to Akilao Prosygma the compensation of a penalty for delay that is one and a half times (1,5) the legal interest rate.
Default exception: This penalty is caulculated on the total amounts TTC already due. It has to be counted from the expiring date of the price for the supplied service, plus several requests for hosting renewal made by the hoster, until its total payment.
Legal interest reference rate is the one into force on the day of the usage of the present general terms of sale.

Article 6 à AVOIDANCE CLAUSE

If during the forty-five (45) days following the implementation of the article à penalty clause à, the customer hasn't been acquitted yet from the amount due for the service provided by Akilao Prosygma Hébergement, the contract will be avoided by rights, without any other formalities, from the receipt of the default sent by Akilao Prosygma Hébergement.
The customer can cancel his hosting before the expiring date notifying it to Akilao Prosygma expressly (registered letter with a form for acknowledgment of receipt). This cancellation doesn't imply any refund.
The existence of the present clause doesn't prevent the hoster from renouncing to the advantage of it and from requesting the payment of the price.

Article 7 à NON-EXHAUSTIVITY CLAUSE

If the customer decides to leave Akilao Prosygma Hébergement for an other hoster or to end his website hosting, the months paid in advance won't be refunded except in exceptional cases . However, the customer can use his hosting space until the end of the period paid in advance.

Article 8 à PERIOD OF NOTICE FOR SERVICE CANCELLATION

Any reasonable delay in the implementation of the service doesn't allow the customer to refuse its receipt, to cancel its order or to request any damage or interest.

Article 9 à SERVICE RECEIPT

The implementation of the service is considered as entirely finished and accepted by the customer if all the terms indicated in the article à object à are filled out.

Article 10 à RESPONSABILITIES OF THE PARTIES

Of Akilao Prosygma Hébergement = the hoster:
The hoster attends to manage in a good way the task indicated in the article à object à in conformity with art rules and in the best manner may be.

Akilao Prosygma attends to everything to proceed with the registration, the transfer and the renewal of domain names, after validation of the information provided by the customer.


However it's a matter of mean bond and in any case a result bond.
Voluntary interruption:
The customer has the possibility to create and execute his own CGI, PHP or/and SQL on his own account.

However, in order to supply a service of an unexceptionable quality, we reserve the right to stop the running of a CGI, PHP, or/and SQL of the website if it takes too much power from the server and it endangers the serviceability of this server.

Akilao Prosygma will do its best to inform the customers using scripts with a too big percentage of resources system before suspending them.

On the contrary, if scripts causes any problems to the other customers or if they take too many resources they can be stopped for a moment without notice, in order to execute some tests by the hoster to find a remedy for the problems created.

The use of PHP / MySQL :
The customer is warned that the abusive use (or based on an incorrect configuration) of MySQL and PHP (circle scripts, persistant connection, etc.) can render incompatible the running of the site on a mutualized server, and expose this site to an interruption without notice in order to guarantee a service quality acceptable for all the customers of the server.

Domain name transfer
Domain name transfer doesn't mean the transfer of the actual property of the right of use, but the technical transfer of hoster (DNS change).

The customer asserts to be the proprietary of this right of use when he requests the transfer of a domain name or being charged by the proprietary above mentioned.

Akilao Prosygma will execute the necessary formalities or will guide the customer in the accomplishment of these formalities.

However, the customer declares to be informed that only the person named as administrative contact for this domain can validate this transfer.

Akilao Prosygma will not be responsible for the impossibility to transfer this domain name or for the delays resulting, since this impossibility doesn't invalidate systematically the hosting contract.

So Akilao Prosygma has a means bond and not a results bond.

Registration / Transfer of à .fr à :
For any request to the AFNIC (assignment of the form number in order to open a dossier) the domain name has to be justified and in conformity with the "charte de nommage" of the AFNIC.
Akilao Prosygma will proceed with the request for the creation of a domain name or for the delegation change (with reserve of acceptance of the dossier by the AFNIC), only from receipt of all the justificative necessary documents (engagement letter and justifications).

(Case of a creation)

In the case of an incomplete or wrong information, defective documents or non-conformity with the "charte de nommage", Akilao Prosygma will inform the customer by mail or phone so that he communicates, within 14 days, the necessary information.
After this delay, the engagement request will be canceled.

In the case of refusal by the Afnic, Akilao Prosygma will suspend any request.
Then you will have a 2 months' delay to communicate to us the necessary information.
After this delay, your order will be canceled.

In the case of a transfer (delegation change), you have also to send a registered letter with a form for acknowledgment of receipt to your previous hoster so that he validates your request to the AFNIC.
Every change of the information of the whois (information regarding the administrative contact) is free of charge, only the domain name of the proprietary is invoiced 20 euros
The invoicing of domain names:
Whatever option the customer chooses (creation of a domain name, hoster change...), the charges for the renewal of domain names are never included in the price of the chosen package.

The rate assigned for the renewal of domain names is 20 euros, to be paid at customer's choice: cheque, bank transfer or protected payment.

Security :
Akilao Prosygma will not be responsible in the case of a malevolent introduction in the customer's web space or piracy of the customer's e-mail boxes and this, in spite of all security measures taken by Akilao Prosygma Refusal of guarantees:
The service of Akilao Prosygma is provided on the ground of availability.
In any case Akilao Prosygma will be responsible for the consequent, indirect, special or accidental damages.
Even if Akilao Prosygma has been informed by the customer about the possibility of a loss or potential damages, if the service of Akilao Prosygma to the customer is annoyed, or in the case of running default for any reason, Akilao Prosygma won't be responsible for the loss of income caused by an interruption of the service.

Of the customer:
Information obligation:
The customer engages himself to supply a correct and honest information during the booking of his domain name(s).
He engages himself to inform Akilao Prosygma about any change concerning supplied data and he will be the only responsible for the eventual non-serviceability that can be caused by an incorrect information.
Changes made by Akilao Prosygma will not be invoiced.
Respect for other people's rights:
The customer engages himself to respect the legislation into force concerning the right of marks.
Akilao Prosygma reminds to the customer that the mark forgery is penally punished.
Indeed it's a crime.
The penalties that can be pronounced are compensations, or prison penalties, and building closings
Akilao Prosygma won't be responsible for the non-respect of the legislation by the customer.

The customer acts as an indipendent entity and consequently he is the only responsible for the risks and dangers of his activity.
The customer is the only responsible for the services and his website, the content of the transmitted, spreaded or collected information, their management and their update, as all the files, above all address files.
The customer engages himself above all to respect the other people's rights, above all the personality rights, intellectual property rights of other people that are the author's rights, patent or mark rights.

The customer is the only responsible for eventual attempts to the intellectual or industrial property of other people, to the public order and to morality and to any other disputes concerning the domain name(s) booked via Akilao Prosygma.

The customer engages himself not to try to penetrate into the information systems of Akilao Prosygma Hébergement or try to do that.

Consequently, Akilao Prosygma Hébergement won't be responsible for the content of the transmitted, spreaded or collected information, their management and their update, as well as all the files, above all address files.

The customer is informed that publications consists of mind works protected by author's rights according to the article L 112-2 1st and 2nd of the Intellectual Property Code.

Consequently the customer declares to accept completely all legal obligations coming from the property of his services, Akilao Prosygma Hébergement can't be prosecuted nor "disquietened" on this subject for whatever cause may be, above all in the case of violation of laws and regulations that applies to the services of the customer.
The customer declares to have obtained any authorisation necessary in terms of author's rights, in particular from the societies for the distribution of author's rights that will be requested.
The customer engages himself to make visible on the web pages of his website the identity and the address of the proprietary or the author of the web pages and to ask all the questions necessary for the creation of his website.

The non-respect by the customer of the above mentioned points - whether for the site hosted on the servers platform of Akilao Prosygma Hébergement or if this concerns a redirection of his domain towards this type of sites - and in particular every activity specifically forbidden from the servers of Akilao Prosygma and/or every spreaded content specifically forbidden on the servers of Akilao Prosygma and/or susceptible to creating a civil and/or criminal responsability and/or susceptible to bringing an attempt to the rights of a third party will imply the right for Akilao Prosygma to decable and/or interrupt without delay and forthwith the services of the customer and to cancel immediately and by rights the contract, without prejudice by right to all damages and interests Akilao Prosygma could claim to.
In this case, the Customer couldn't claim for the refund by the hoster of the amounts already paid.

The Customer engages himself to respect all legal and prescribed regulations into force, and in particular those regarding the information, files and freedoms, and above all to do a complete declaration of treatments to the Commission Nationale de l'Informatique et des Libertés (C.N.I.L.).
The Customer engages himself also to take all the necessary assurances under a notoriously solvent organization in order to cover all the damages that could be charged to him concerning this present contract or its fulfilment.

In the case of controversies:
The Customer guarantees to Akilao Prosygma any action claimed by a third party linked to the content of the transmitted, spreaded, reproduced information above all those coming from an attempt to the personality rights, to a property right linked to a patent, to a mark, to drawnings and models, to author's rights or those coming from a disloyal or sponging competitive action or from an attempt to the public order, to deontological rules governing Internet, to morality, to the respect of private life (right of personal portrayal, secrecy of correspondence).
or to the provisions of Criminal Code: under this head, the Customer will compensate Akilao Prosygma for all charges and expenses that it has to support for that, including the fees and reasonable charges for suggestions of Akilao Prosygma, even by a non-definitive justice's decision.

The Customer engages himself to pay directly to the author of the complaint any amount that he demands from Akilao Prosygma.
Then, the Customer engages himself to intervene upon request of Akilao Prosygma to any application engaged against it and to guarantee to the hoster all the judgments that would be passed against it on that occasion.

Consequently, the Customer engages himself to be the only responsible for any complaint and/or proceeding whatever form may be, the object or the type that will be formed against Akilao Prosygma and that will be connected to the obligations charged to the Customer by right of this present contract.

The Customer, only responsible for the content of the site, engages himself to assure at his expense the defense of Akilao Prosygma if it is the object of a claim action, concerning data, information, messages etc.
à that he spreads and to be charged of the indemnity due for the repair of the prejudice eventually suffered, on condition that it has a complete freedom to treat and manage the proceeding.

The content of domain names:
The Customer engages himself not to host any site with a racialist, pornographic, violent or obscene caracter.
Those having any link to this type of sites are also forbidden on the servers of Akilao Prosygma.
The customer engages himself not to do any redirection of his domain towards this type of sites.
He engages himself not to supply to other's people, from his site hosted on the servers of Akilao Prosygma Hébergement, any audio file codified under the MP3 format or other, of which he won't be able to supply the proof of owning the right necessary in the case of an eventual request by us.
He engages himself also not to include on his site any link and not to create any redirection of his domain to any site spreading this type of service.
The Customer engages himself not to do any SPAM on the servers of Akilao Prosygma Hébergement.


Article 11 à FORCE MAJEURE

Akilao Prosygma Hébergement hasn't any responsability in the case of non-fulfilment or delay in the fulfilment of one of its obligations, when the reason of delay or non-fulfilment is cause outside one's control usually acknowledged by the law (event that is independent of one's will and is beyond one's control).

The cause beyond control suspends the obligations born of this present contract during all its existence.
However if the cause beyond control had an existing life of more than 30 consecutive days, the one or the other party would be entitled to the right of cancellation of the present contract eight days after sending a registered letter with a form for acknowledgment of receipt notifying this decision.

It's considered like this any outward, unforeseeable and irresistible event according to the article 1148 of Civil Code.


Article 12 à GUARANTEE = SATISFIED OR REFUNDED

The offer "satisfied or refunded" is valid only to open a hosting account with Akilao Prosygma Hébergement. The customer will be able to make his refund request by registered letter with a form for acknowledgment of receipt within 7 days from the date of payment for the hosting. The guarantee "satisfied or refunded" doesn't include the charges of registration of the domain name.
The offer "satisfied or refunded" is limited to a single Package per customer profile.
The delay of legal refund depends on the payment way.

Article 13 à ATTRIBUTION OF JURISDICTION

Any controversy regarding the interpretation, the fulfilment or the break of the contract is submitted to the French right. In default of friendly agreement, the only jurisdiction acknowledged and accepted by the parties is the Commercial Court of Toulose.