1 - Definitions
Site : designate the www.semecloud.com website ;
User: means any person who has browsed the Site whether or not a purchase has been made;
Semecloud : means the joint-stock company SemeCloud company with a capital of € 5,000, registered in the R.C.S. of Paris under the number 898 177 134 whose head office is located at 11 rue Delacassé 75008 Paris.
2 - Technical Information
SemeCloud shall make its best efforts to ensure the Site accessible 24 hour/7day, except in cases of force majeure, computer difficulties, difficulties related to the structure of telecommunications networks or other technical difficulties.
For maintenance reasons, SemeCloud may interrupt its Site. The company will endeavor to notify Users in advance.
3 - Use of the Site
- 3.1 Integrity of the Site
The User is prohibited from:
- (a) obtain, store, distribute or transmit viruses, data or any element during his or her use of the Site that is illegal, illegitimate, harmful, threatening, defamatory, obscene, abusive, infringes any right or is in any way contrary to applicable laws;
- (b) use any automated system, including "robots", "spiders" and "offline readers" to access the Site in a manner that sends more messages and requests to the Site than a human being could possibly send in the same amount of time via a conventional web browser;
- (c) attempt to disrupt or compromise the integrity or security of the Site.
SemeCloud may, without liability to User, disable the Site or User's account to the extent necessary to disable access to any data or materials that are in violation of any provision of this clause.
User shall refrain, unless applicable mandatory law provides otherwise and except as permitted by these Terms and Conditions, from:
attempt to copy, modify, reproduce, frame, mirror, republish, upload, post, transmit or distribute all or any part of the Site or create derivative works therefrom, in any form, media or by any means; or
attempt to decompile, disassemble or reverse engineer the Site or any portion thereof or reduce it to a human-readable form; or
access all or part of the Site to develop a product or service that competes with it; or
use the Site to provide services similar to those offered by the Site to third parties; or
license, sell, rent, lease, assign, distribute, disclose, or otherwise commercially exploit or make available the Site to any third party, except as permitted by these Terms and Conditions.
Except as otherwise permitted, User shall refrain from interfering with, damaging or disrupting: (a) any portion of the Site; (b) any equipment or network on which the Site is stored; (c) any software used in the provision of the Site; or (d) any equipment, network or software owned or used by any third party.
- 3.2 Respect for others
The User of the Site is required to respect the applicable legislation, and in particular the provisions of the law relating to data processing, files and freedoms, the violation of which is liable to criminal sanctions.
The User must refrain from any collection or misuse of personal information that he/she accesses, and in general, from any act likely to infringe on the privacy, honor, sensitivity, brand image or reputation of any person or entity, including SemeCloud, by avoiding any defamatory, provocative, malicious, disparaging, or threatening words, messages, or texts in any medium whatsoever.
4 - Warning
The security of data transmitted over the Internet cannot be fully guaranteed. Although SemeCloud makes every effort to protect the information online on the Site or transmitted through the Site to SemeCloud, it cannot ensure or warrant that such information is completely secure.
5 - Content of the site
The information provided is for information purposes only.
The accuracy, completeness and timeliness of the information provided on the Site cannot be guaranteed.
Consequently, the User acknowledges that he/she uses this information under his/her exclusive responsibility.
Every effort is made to provide the User with available and verified information and/or tools, but SemeCloud cannot be held responsible for errors, lack of availability of information and/or the presence of viruses on its Site.
6 - Intellectual Property
The services offered on the Site, including, in particular, graphics, animations, logos, concepts, ideas, operating methods, codes and other programming information, software, archives, profiles and published information are collectively referred to «Intellectual Property".
User acknowledges and agrees that SemeCloud and/or its licensors own all Intellectual Property relating to the Site.
Except as otherwise provided herein, no intellectual property rights or other rights or licenses are granted to the User in connection with the Site.
The User may access and view the information made available on the Site on a computer screen, print pages and save pages in electronic format to disk (but not to a server or storage device connected to a network).
The information published on the Site may not be reproduced, copied, sold, resold, broadcast, disseminated, retransmitted, or redistributed, in whole or in part, in any format whatsoever (including caching and framing), to any third party, without the express consent of SemeCloud. Dissemination and redistribution includes, but is not limited to, making such information available on the Internet or by any other means of digital access.
Any total or partial representation of this Site by any means whatsoever, without the express permission of SemeCloud is prohibited and would constitute an infringement punishable, including criminal, by Articles L. 335-2 et seq. of the French Code of Intellectual Property.
Similarly, trademarks and other distinctive signs such as logos appearing on the site are the property of SemeCloud or its partners and any use by unauthorized third parties is strictly prohibited.
Any reproduction in whole or in part of these trademarks or logos without the express permission of SemeCloud is therefore prohibited, regardless of the framework and medium used for such use, and punishable by penalties, including criminal.
All trademarks and service marks on the Site are used with the permission of their respective owners. It is forbidden for the User to modify, hide or remove any copyright, trademark or other exclusive right or intellectual property mention on the Site.
7. Websites or third-party services
The Site may contain links to third party websites or make use of third-party websites or services that are not under the control of SemeCloud (hereinafter the "Third Party Sites").
The Third-Party Sites may be subject to different terms and conditions and privacy practices than those applicable to the Site.
The Third-Party Sites may be subject to different terms and conditions and privacy practices than those applicable to the Site.
As such, SemeCloud disclaims any responsibility for the information, content and other materials, products or services contained on or accessible through the Third-Party Sites or their applicable policies regarding use and privacy, and SemeCloud makes no warranties, express or implied, with respect thereto. Access to and use of the Third-Party Sites, including the information, content, materials, products and services contained therein or accessed through them, is entirely at the User's own risk.
The hypertext links set up within the framework of the Website to other resources on the Internet, and in particular to SemeCloud's partners, have been authorized in advance, expressly and in writing.
Users of and visitors to the Website may not set up a hyperlink to the Website without the prior express written consent of SemeCloud.
8 - Responsibility
SemeCloud is bound only by an obligation of means. It cannot be held liable for any damage resulting from the use of the Internet such as loss of data, intrusion, viruses, disruption of service, or other unintended problems.
At the request of the Customer, Operator undertakes to restore access and connection once the Customer has carried out the necessary corrective work. However, in accordance with semecloud.com ’s General Terms and Conditions, Operator reserves the right to terminate the Service depending on the seriousness of the incident.
Operator declares that it is not responsible for the content of the information, sound, text, images, design elements or data accessible on the sites hosted on the Customer's Service, transmitted, or put online by the Customer for any reason whatsoever.
Operator cannot be held responsible for the total or partial failure to comply with an obligation and/or the failure of network operations in the Internet sphere, and more specifically of its access provider(s).
Operator will not be held responsible if a computer virus enters the Customer's Service.
Similarly, Operator will not be held responsible for any failure in the Customer's system if this is due to anything other than incorrect use of the Service by the Customer.
As a result, to avoid any impact on the correct functioning and use of the Service by the Customer, Operator recommends that the Customer continues to back up their data themselves.
User hereby agrees to indemnify and hold harmless SemeCloud and its employees and officers from and against any and all claims, demands, liabilities, costs and expenses (including, without limitation, legal costs) arising out of User's use of the Site or violation of these Terms and Conditions or any law.
Due to the nature of the Internet, SemeCloud does not warrant that the Site or any portion thereof will operate uninterrupted or error-free or that any defects or errors can or will be corrected or avoided. Services provided through the Site may be interrupted as a result of maintenance, repairs, computer problems, internet disruptions or other unforeseen events. SemeCloud assumes no responsibility for delays, usability problems or incompatibilities affecting the Site, computer files, web browsers or other software used to access the Site. SemeCloud makes no warranties, express or implied, regarding the security of the Site, including the ability of unauthorized persons to intercept or access information that the user transmits via the Site.
SemeCloud makes no warranty that the Site or its content will be available at all times or will be uninterrupted. SemeCloud may suspend, block or limit the availability of the Site or any portion thereof for business or operational reasons. SemeCloud will use its best efforts to give the User reasonable notice of any such suspension or blocking. SemeCloud disclaims any liability to the User for the unavailability of the Site.
CUSTOMER OBLIGATIONS AND RESPONSIBILITIES
1. Each Customer who operates semecloud.com Services undertakes not to host sites of a racist or illegal nature and those with hyperlinks to such sites are prohibited. As well as the Customer agrees not to host pornographic sites on certain web hosting offers, except for Performance offers. Any such website hosted on an unsuitable offer will be suspended as a matter of law.
As well, it is forbidden to host sites that are the subject of proselytism relating to sectarian movements such as denounced on the parliamentary report "Sects in France", or representing a possible sectarian risk to the services of the State or recognized like this by a decision of justice authority having authority of the thing judged.
The Customer undertakes not to redirect to this category of sites. The volume of traffic and storage capacity authorized by the hosting formula and other options that the Customer has subscribed remains under its responsibility.
The Customer is warned that publications have works of the spirit that are protected by the rights of authors based on Article L 112-2 1st and 2nd of the Intellectual Property Code.
The Customer is warned that are subject to the copyright and intellectual property rights any types of media file (images, sounds, videos, or other nature / format similar in JPG format, MP3, DivX, ISO, etc.
Customers are prohibited from using semecloud.com Services for streaming purposes.
Operator holds all intellectual property rights on all pages and data that it is hosting on its platform. This represents the rights of reproduction, representation and diffusion corresponding to the internet support, for a duration having been defined beforehand.
For this reason, the Customer fully accepts all legal obligations arising from the ownership of its services, Operator cannot be sought or investigated for any reason, mainly in case of violation of laws or regulations applicable to the Customer's services.
The Customer certifies that he/she is in possession of all the necessary authorizations in terms of copyright, more particularly from the copyright distribution companies which would be essential.
The Customer certifies that he/she is in possession of all the necessary authorizations in terms of copyright, more particularly from the copyright distribution companies which would be essential.
Customers make sure to include on the web pages of their Identity Service as well as the address of the owner or author of the web pages. It also undertakes to establish all requests necessary for the creation of its Service, in accordance with the French law in force.
The disrespect of the points indicated above (whether it is the service hosted on the semecloud.com web hosting platform or that it is a transfers of its domain name to this kind of sites) by the customer - and particularly any activity specifically prohibited from the semecloud.com service and / or any content conveyed specifically prohibited on the semecloud.com service and / or which could generate civil and / or criminal liability and / or could fail the rights of a Third-party entitling the right for Operator to cease immediately and without prior notice the services of the customer and to terminate the subscription to the service subscribed by the Customer, without prejudice to the right to any damages to which Operator could claim. . Therefore, in any event, the elements mentioned above, the Customer will not be able to rebate the sums already paid.
The Customer guarantees to pay the claimant any amount that the latter may claim from Operator.
Furthermore, the Customer guarantees to occur at Operator’s request in any proceedings brought against it, and to indemnify Operator against any fines that may be imposed on it.
Consequently, the Customer personally assumes the whole liability for any claim and/or procedure whatever their form, object or nature that would counter to Operator and which would be rallied to the obligations put at the charge of the Customer under the present General Conditions of Sale.
The Customer remains the sole responsible for the content on the semecloud.com service and guaranteed at his own expense the defense of Operator, if the latter would be the subject of a dissemination measure relating to the data, information, messages etc.
The Customer also assures to take in charge the compensation due for the possible harm suffered, only in the case where he has all freedom to compromise and conduct the procedure.
It is the customer's responsibility to ensure the necessary safeguarding for the sustainability of his business.
semecloud.com ’s Performance offer enables the Customer to increase the resources allocated to its Service. We also remind the Customer that the determination of the website's performance is based on the configuration of the website associated with the Service.
As a result, the deployment of resources may not be optimal enough to display the website.
Customer Hosted Data Security:
The customer is solely responsible for ensuring the security of its resources and application systems that it deploys when using SemeCloud products and services. Tools are provided by SemeCloud to assist the customer in securing their data.
Use of SCRIPTS CGI/PHP/SQL
The web hosting packages generated by semecloud.com allow the use of scripts, CGI, PHP, SQL and other executable programs. The use of these scripts drives up system resources as simple pages, so the restrictions below apply to the use of these features.
The Customer may create and execute their own CGIs, PHP and/or SQL on his own account, if this use is reasonable. However, Operator reserves the right to stop the execution of these CGIs, PHP or/and SQL on the Service if they affect the server and endanger the proper functioning of semecloud.com ’s web hosting platform.
Operator will, of course, inform customers who use scripts that require a high percentage of system resources before suspending them.
The Customer is informed that non-compliance of the use of the items indicated above leads to the suspension without prior notice to preserve the quality of the service acceptable to all the customers of the semecloud.com platform.
Scripts must not interfere with the operation of the Service and must not interact with the configuration of the Service or the hardware.
Therefore, the use of such scripts may result in the instant cancellation of the customer account.
9 - Personal data
SemeCloud is responsible for the processing of personal data. All information regarding the processing of personal data of the User are available here
10 - Litigation
The present General Conditions are subject to French law.
In the event of a dispute relating to the interpretation, validity or consequences of these General Conditions, and in the absence of a prior amicable solution, the courts of Paris shall have sole jurisdiction.
