This hosting agreement is between Tunisieweb Hosting and the person/persons who use our hosting services and domain names. Please read the terms carefully to make sure you understand and agree to our terms and conditions before purchasing any of our products or services.
Tunisieweb Hosting undertakes to provide the services mentioned at the price agreed upon the order. Our fee schedule is clear and we guarantee our customer’s price transparency.
All customers are responsible for monthly monitoring of storage space and bandwidth. Customers who exceed their assigned limit will receive an email with the opportunity to optimize their performance by subscribing to an offer more suited to their needs or by reducing their storage space or by restricting certain services related to accommodation. If customers continue to ignore warnings, we reserve the right to use any available means to find solutions. We grant ourselves the right to ban or suspend accounts receivable that do not respect the previously mentioned rules and continue to exceed the authorized limit. Anyone who subscribes to a monthly offer and decides to cancel it during the month is liable for the first 30 days. An invoice will be issued, the payment will be claimed and must be paid (or withdrawn).
Renewal notices are sent by email, 3 to 15 days before the effective renewal date of your account. If you use a credit card, the payment will be automated. All accounts are subject to prepaid payment mode. If payment is not received within 7 days a minimum 5DT late fee will be added. Tunisieweb Hosting reserves the right to change prices, at any time, unless other terms have been determined, upstream. Tunisieweb Hosting reserves the right to suspend the services provided in case of absence or late payment. You are responsible for the management of your account and the fees due for the duration of use of the services of Tunisieweb Hosting from the creation to the closing of your account. Although we are based in Tunis, the currency used in the context of the use of websites is the TND dinars. Your billing rate depends on the duration of the contract that was initially chosen during the creation. Your account will be automatically renewed and renewed for the same duration unless it is canceled before the due date. There is no charge for canceled accounts that have been paid in the year. If you cancel or close your account during a current month, Tunisieweb Hosting cannot and will not refund the payments made in the previous month (s).
Cancellation and early termination
The customer acknowledges that the amount and the payment of the services provided are based on the agreement and the acceptance of the payment of the premium for the duration initially chosen or the renewal period.
Any attempt or use to harm or damage a web server to a Tunisieweb Hosting client is strictly prohibited.
Tunisieweb Hosting will severely punish any use or attempted fraudulent use of an account or computer without the authorization of the owner, for example: attempts to “scam Internet” (by encouraging others to communicate their passwords), password theft, scanning security flaws
Any unauthorized use of accounts or servers that jeopardize the proper operation of Tunisieweb Hosting will result in action against the author. The actions that can be used are warnings, suspension or cancellation of the account, as well as civil or criminal prosecution, depending on the severity of the attack.
– Tunisieweb Hosting grants itself the right to discontinue the service or deny access to anyone who abuses and/or violates our policies or the terms and conditions set forth below, without notice or notice. No refund of fees paid will be taken into account if the closure of the account is due to a violation of the conditions set out below.
It is strictly forbidden to run the IRC, to use robots or malware on shared servers. It is also strictly forbidden to execute or use the following programs or supports: emailing (mass emailing), unsolicited emailing, newsgroups, spamming, download scripts (Rappidleach), pornographic or illegal content, copyright infringement, trademark infringement, warez sites (including links to / from), crack (cracks), software serial numbers, proxy relays, spamdexing , FFA (Free-For-All) and / or any other element considered by Tunisieweb Hosting as being unacceptable and intended to harm our services or to contribute to and feed the abuse of server resources.
Web Applications and Accessible WDiverseb Scripts – All obsolete and actively exploited Web applications will be immediately closed without notice. You are responsible and must evaluate your web-based applications and scripts regularly for their security and proper functioning.
Shared hosting accounts may also be terminated if they contain content or links related to the following content: any information or support offensive to the Web community, including insulting expressions, bigotry, racism, hatred, sharing information about illegal activities, pages involving physical violence against an individual or group of people, obscene nudity display, pornographic content (does not apply to dedicated servers); all content that exploits children under the age of 18, acts of copyright infringement including offering pirated programs or links to computer programs, information used to circumvent protection devices against the version installed by the manufacturer including serial numbers or software registration, or any other type of pirated tool.
Abuse Disk Space
Tunisieweb Hosting is the sole arbiter of what constitutes a violation of this provision. You are responsible when using your disk space. If you need additional disk space please contact one of our employees who will be happy to help you. You can also update your hosting offer via your Tunisieweb Hosting customer account.
Abuse Bandwidth / Disk Space
Tunisieweb Hosting aims to provide a high bandwidth to transfer your web documents, not to provide a storage area for archives, pages or electronic files that are not used. If you do not respect this condition, you will be notified and you will have 48 hours to remedy this problem. The lack of reaction on your part will lead to overcharging. Tunisieweb Hosting is authorized to correct and delete inappropriate content.
The navigation will be unattended until you reach the quota allocated to your accommodation offer. Tunisieweb Hosting is the sole arbiter of what constitutes a violation of this provision.
Acceptable use policy (PUA)
The client guarantees to Tunisieweb Hosting that the information provided, as part of maintaining the quality of service, is accurate and correct. If the customer is an individual, the latter declares and guarantees to Tunisieweb Hosting that he is at least 18 years old. Tunisieweb Hosting can rely on and rely on the information provided by the person designated as the primary user.
SPAM & Unsolicited emails
Unsolicited commercials (spam) are not allowed in the email and will, if necessary, lead to a possible cancellation. Tunisieweb Hosting adopts and chooses to have a zero-tolerance approach for SPAMs and all their derivatives from its servers or domains hosted within our network. In case of infringement, your account may be deleted or suspended.
The following activities are prohibited: SPAM, mass mailing of commercial advertising, monetary solicitations, petitions, requests for signatures, political or religious requests (except for those who have explicitly made a request), propaganda; manufacturing, tampering with or modifying emails, attempts to hack servers or accounts, broadcast emails that are spam-related, commercial mail that may be banned in most Usenet newsgroups and others Mailing lists. Any failure will result in the suspension and/or cancellation of the account without notice and without refund. Sending an off-topic message to many newsgroups is unethical to the group and will be considered as such. Harassment or intimidation by mail is prohibited. Harassment, whether by language, the frequency of messages, message size or any other form is prohibited. Any sending of an unwanted message may be considered harassment. If a recipient asks to stop mail delivery, you must respect his choice and stop sending it on the spot.
NOTE:- If you use the services of another provider to promote a website hosted by or via Tunisieweb Hosting (spam advertising), the provisions of the above policy apply as if the SPAM had been sent by our servers. 99.99% AVAILABILITY WARRANTY
(1.) COVERAGE – This 99.99% uptime and uptime guarantee applies to any customer in good standing financially with Tunisieweb Hosting at the time of service interruption. (2.) SERVICE LEVEL AGREEMENT (“SLA”) AND SPECIFICATIONS – Tunisieweb Hosting strives to ensure the availability of your website content anywhere in the world, 24 hours a day, 7 days a week. A network outage is characterized by a 100% loss of Tunisieweb Hosting packets to back-end providers. It is measured 10 minutes after the notification has been made via the form, dematerialized, specific to Tunisieweb Hosting. If the form fails, the procedure will be launched after the notification sent by telephone within the Tunisieweb Hosting network service.
Administrators of Tunisieweb Hosting will determine the end of the shutdown by a notification to your machine from outside the hosting network of Tunisieweb Hosting. (3a.) CREDITS Shared Hosting – In the event that your site does not reach 100% of its capacity 100% of the time, Tunisieweb Hosting will credit the monthly service fee as follows. Your credit is retroactive and measured taking into account the 24h that includes one day and each calendar month. The maximum credit cannot exceed 50% of the current month’s fees.
– 95% to 99.9% – Your account will be credited with 10% of your monthly hosting fee
– 90% to 94.9% – Your account will be credited with 20% of your monthly hosting fee
– 89.9% or less – your account will be credited with 50% of your monthly hosting fee
LIMITS OF TECHNICAL SUPPORT
Tunisieweb Hosting offers technical support that refers to and encompasses all of our skills within our area of expertise. This expertise includes support, troubleshooting, debugging our cPanel control panel interface, servers under our responsibility, and other hosting issues. We make every effort to help and support you in creating and installing your site by providing scripts, modules, templates and programming languages that may be useful to you. In any case, Tunisieweb Hosting is not obliged or obliged to assist you in the installation of new modules or applications, models and/or programming languages. The company is also not obliged to provide you with assistance for errors produced by a modification made by you. Tunisieweb HOSTING declines all responsibility.
Each shared web hosting account comes with its own CGI-BIN. You are free to use CGI / PERL scripts as you see fit, but we reserve the right to disable any CGI / PERL script that compromises the proper functioning of the shared server, without notice.
The customer undertakes to compensate and act harmlessly vis-à-vis Tunisieweb Hosting, subsidiaries of Tunisieweb Hosting, and each of their directors, administrators, agents and employees. They are not responsible for claims, claims, debts, obligations, losses, damages, penalties, fines, penalties, damages, interest, costs, disbursements of any kind. nature or any other case (including legal fees) brought by a third party (physical or moral), either individually or in the name of legal liability arising out of or in connection with actual or suspected use of customer services in the event of a breach of the law or the AUP by the customer or any person using the customer’s personal information, regardless of whether that person has been authorized to use the customer’s services .
You agree to defend, indemnify, exonerate and release Tunisieweb Hosting’s liability in any of the following situations: (1) Any damage to others or property caused by products / services sold or distributed through Tunisieweb Hosting servers (2) Any material or content provided, illegally, by the customer and which may infringe the property rights of a third party (3) Copyright (4) All defective products sold to consumers at through the server (s) of Tunisieweb Hosting.
Exclusions of guarantees
Tunisieweb Hosting does not guarantee that services will not be interrupted, error-free, or completely secure. Under the applicable law, Tunisieweb Hosting disclaims all warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In accordance with the applicable law, all services are provided meet the specifications in force.
Limitation of damages
No third party may be bound or liable for direct or indirect losses, incidents, incidental, consequential or punitive indirect loss, damage or damage of any kind, or any other third party that has occurred as a result of an error of inattention, moreover if it is not in adequacy with the conditions of use. Even if the party concerned had been warned and was aware of the risks and consequences. Notwithstanding any statement or affirmation contained in the agreement, the overall maximum liability of Tunisieweb Hosting and any of its employees, agents or subsidiaries, in accordance with the applicable legislation in force (including breach of contract, tort, the strict liability and the offense) is limited to the payment of a sum not exceeding the total amount equivalent to a use by the customer three months of service.
Suspension of services / termination
The customer understands and accepts that Tunisieweb Hosting may suspend its services, at any time, without notice and without any liability being blamed if: – the company considers that its services are used in a manner that does not comply with the PUA – In case of occurrence of a case of force majeure, affecting the execution of this contract, the obligations of the parties will be suspended. – The service is restricted, limited or suspended as of right if the payment is not carried out after revival. In addition, Tunisieweb Hosting reserves the right to restrict, limit or suspend its services without notice or compensation if it appears that the customer uses the services provided to him for any activity that does not comply public order and morality. – Tunisieweb Hosting cannot be held responsible to the customer if it introduces a computer program that could affect the proper functioning of the server. – Tunisieweb Hosting cannot be held liable to the customer in the case of the migration of the site in a different hardware or software environment or in the case of changes to the software components by an entity other than Tunisieweb Hosting. – the client refuses to cooperate in the context of an investigation that has been conducted following a suspicion or a violation of the PUA – Tunisieweb Hosting considers it necessary to suspend its services in the context of security and protection measures. network or consumers – an application has been issued or decided by an authorized body (example: court decision) The customer will have to pay the costs of restoring the service to Tunisieweb Hosting after a suspension that corresponds to one of the cases of figures, stated, above. The agreement may be terminated by the customer at the end of the commitment period (or before the renewal of its offer) without commitment and without notice in the event that Tunisieweb Hosting is unable to provide a quality service that corresponds to the terms of the contract and that the company can not provide a solution within 10 days after receiving the written and detailed notification from the customer. The agreement may be broken by Tunisieweb Hosting before the end of the commitment period or before the renewal of the offer without cause and without commitment in the following cases: – 5 days after the first warning to the customer due to late payment corresponding to the amounts indicated in the agreement – the customer does not voluntarily respect one of the rules or procedures of the agreement or PUA and refuses or fails to repair the damage caused within 30 days after having informed in writing and detailed (or been informed by) Tunisieweb Hosting – if it violates the rules of the agreement or section 5, a 2nd time, the sanction can take place the next day Each party may terminate the agreement after five days’ notice if one of the parties admits its insolvency, a notice has been sent to its creditors, lays the balance sheet or intends to do so, born can not pay its debts as it is supposed to, has a director or a representative appointed on all or a substantial part of its assets, or enter into an agreement for the extension or adjustment of part or all of its obligations.
Request for customer information
The customer accepts the fact that Tunisieweb Hosting can inform, without notice, the competent authorities, if the company considers that the customer or the user has violated the legislation in force. Tunisieweb Hosting undertakes to provide them with all the information it has regarding the customer or the user following a formal or informal request from the judicial authorities or any other competent entity to meet its legal and legal obligations.
The customer accepts the fact that Tunisieweb Hosting keeps a copy of all content hosted on the servers and media of the company as part of a possible restoration of services, without any necessary agreement. Accommodation Package Requests For the duration of the service, the customer may request a restoration, at no cost, for any reason. All subsequent restorations are charged 5 dinars.
Changes to the Tunisieweb Hosting Network
Updates or other changes to the Tunisieweb Hosting network, such as changes to software, hardware, or vendors, may affect the display or proper operation of customer applications and content. Tunisieweb Hosting reserves the right to make changes to its network at any time. Tunisieweb Hosting can not be held responsible for any damage caused by the maintenance of its network.
Any remarks, notifications or notices addressed to Tunisieweb Hosting regarding the agreement in force must be submitted via e-mail using the e-mail address found in the customer support section. The remarks must be sent by the customer who is considered as the main user of the services at the time of the subscription. Notices are considered received on the day of mailing, or if the mailing has not taken place on a business day, the first business day after the date of mailing. The customer can change the reference of his opinion simply by warning us, according to this section.
Tunisieweb Hosting can not be blamed in case of default concerning an obligation mentioned in the agreement if the problem is caused by an element or an event that Tunisieweb Hosting does not control, such as: a power failure, an internet bug , a natural disaster, a strike, a war, an insurrection, an epidemic, a wage movement, a terrorist attack or any other unforeseen event.
Governance and legal conflict
The agreement is governed and depends on Tunisian laws and Tunisian legislation.
Each party understands and agrees that the other party retains the exclusive ownership and rights of its trademarks, service marks, trade secrets, inventions, copyrights and other intellectual property. No party may use the other’s name or trademark without consent and written mutual agreement. The parties behave and maintain relations that are similar to exchanges between independent contractors (contractors) and not a partnership, or a joint venture, or an employer and employee relationship. No party can be the agent of the other. Each party recognizes that it has no power or authority to bind the other on any agreement and that no other authority can have power over the parties. This agreement can be amended only by a formal written agreement signed by both parties. The terms of the customer’s purchase order or other forms of business do not bind Tunisieweb Hosting unless they are expressly incorporated in a written, formal agreement signed by both parties. Any error, failure, failure or delay are evaluated according to the agreement. A waiver by a party of any of its rights under the agreement is not a waiver of any of its other rights, whether before, during or after the decision, and , whatever the nature. The legends in the agreement are not part of the agreement, but are there to facilitate understanding. Provisions and conditions must be honored, even at the end of the agreement: the fees, the indemnity obligations, the provisions limiting liability and the guarantees based on the denial, the provisions relating to intellectual property, various provisions and any other provisions mentioned in the agreement. The agreement does not recognize any third party beneficiary. Neither the insurers nor the customers of the resellers can be recognized as third parties to the agreement. The customer can not transfer the agreement without consent, written, addressed, in advance to Tunisieweb Hosting. The approval of Tunisieweb Hosting depends on the assignee. Indeed, the request must respect the criteria of approval of the latter. Tunisieweb Hosting can assign the agreement in whole or in part. This agreement brings together the right order and the PUA. This constitutes the complete and complete agreement between the parties as to its subject and replaces any previous understanding or communication, written or oral.
All files stored on Tunisieweb Hosting servers must be legally owned and be accompanied by a valid license and / or copyrights. This includes and is not limited to the following files: MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. All illegal files that will be found will be immediately deleted.
Tunisieweb Hosting reserves the right to cancel a service at any time. Any fees paid in advance will be refunded pro rata if the company considers that the right of refund may apply. Any violation of the acceptable use policy or conditions of use will result in financial penalties against the customer.
PROMOTIONAL RATES & SPECIAL OFFERS
Tunisieweb Hosting may, at any time, offer subsequent promotional rates or special offers, the terms of which may sometimes be more favorable than the general conditions relating to your services. Such promotions or changes will have no impact on your obligations under the agreement. Promotional rates may be subject to additional general conditions. In case of conflict, it is the agreement of the approval which is authentic. Some promotional rates can not be combined, associated, accumulated or coupled with other special offers. We have different special promotions that include a domain name. The cost of this domain name is usually included in the 1st monthly payment. These promotions are non-refundable and are excluded from the 30-day money back guarantee.
INTELLECTUAL PROPERTY RIGHTS
All the tools available through the Tunisieweb Hosting platform may be subject to the protection of Tunisia, other copyright laws, laws protecting trademarks, trade secrets or information about the owners . Except as authorized by the copyright owner, you should not use Tunisieweb Hosting, its servers or the network in a manner that would violate, dilute or deflect such rights. If you use a domain name that is akin to Tunisieweb Hosting or its services, you must use this domain name while making sure not to be in violation of a trademark, service mark, or rights of any third party.
Customers can not use the Tunisieweb Hosting network to bypass user authentication or the security of any host, network, account This includes, but is not limited to, data that is not intended for you, registering in a server or account that forbids you, password theft, actions that jeopardize the security of other networks or violation of the security policy of another organization. You can not try to interfere in a service of a user, host or network. This includes, but is not limited to, flooding, mass mailing, other deliberate attempts to overload or destroy a web host or network. Tunisieweb Hosting will co-operate, fully, in investigations for the system or network security breaches, or other sites, including in the framework of cooperation with law enforcement authorities in the event of investigations suspected criminal violations. Users who violate the system or network security may incur heavy criminal penalties.
You are fully responsible for the development, operation and maintenance of your online store, the products, services and all content contained within your site including (without limitation):
(a.) the accuracy and suitability of the content and tools related to your products that appear within your store. (b.) You must ensure that the content that appears in your store complies with the rules and copyrights of others (c.) You must also ensure that the content and tools appearing in your store related to your products are not defamatory or illegal
You are fully responsible for the final calculation of shipping costs, sales tax and all other taxes. You will also be fully responsible for the acceptance, processing and support of all orders, requests, customer complaints. You are also responsible for the security and protection of customers’ personal information such as credit card numbers that you could recover from e-commerce transactions through your website. You must keep all this information confidential and take appropriate measures to ensure security and protection. Static Content & amp; Cache Dynamic You (i) (i) grant and license Tunisieweb Hosting through a license to hide your entire website, including content provided by third parties, hosted by Tunisieweb Hosting pursuant to this Agreement and (ii) ( ii) acknowledge that such an act does not constitute an infringement of the intellectual property rights or intellectual property rights of any third party or entity.
Property of the IP address
Tunisieweb Hosting will maintain and control the ownership of all numbers and IP addresses that may be assigned to you by Tunisieweb Hosting and all those transiting through the services or support of the company. Tunisieweb Hosting reserves the right to change or remove any number or IP address.
REGISTRATION OF DOMAIN NAME
You agree to pay Tunisieweb Hosting before setting up and registering the desired domain name, the premium will have to be paid for the initial registration of the domain name, then you will have to renew the registration and the resulting payment and settle all subsequent renewals.
The transfer of domain to Tunisieweb Hosting
You agree to pay Tunisieweb Hosting before setting up the process of transferring the desired domain name. The premium must be paid before the end of the transfer request of the domain name. You acknowledge and agree that if the domain name transfer fails all fees will not be refunded, for the following reasons, but not only: – No answer from the registered name holder or the administrative contact – Domain name locked by an employee of Tunisieweb Hosting – Expired domain name registration period, other constraints or any other situation that occurs during the first 60 days of initial registration or for the first 60 days after a transfer to the custody service domain names Domain registrations are non-refundable. Please do not buy a domain name until you are sure.
Domain transfer from Tunisieweb Hosting
You agree to pay Tunisieweb Hosting before setting up the process of transferring the desired domain name. The premium must be paid before the end of the transfer request of the domain name. You acknowledge and agree that if the domain name transfer fails all fees will not be refunded, for the following reasons, but not only: – No answer from the registered name holder or the administrative contact – Domain name locked by an employee – Expired domain registration period, other constraints or other circumstances that occur during the first 60 days of initial registration or during the first 60 days after a transfer to the Registrar’s Name Retention Service. domain You acknowledge that the failure or success of a domain name transfer will be your responsibility. Tunisieweb Hosting will not be held responsible for the failure of a domain name transfer for any reason.
Tunisieweb Hosting reserves the right to refuse to offer its services. You may only use Tunisieweb Hosting servers for legal purposes. Our services ccannotbe used for illegal purposes or as part of illegal activities. We reserve the right to cooperate with law enforcement authorities and / or injured third parties in the investigation of any alleged crime or civil wrongdoing. If any illegal content in Tunisia, Canada and Europe is detected on our servers: it will be immediately removed. The transmission, distribution or storage of any content that does not comply with applicable law or regulation is prohibited. This includes, but is not limited to, copyrights, trademark, trade secrets, or other intellectual property rights used without proper authorization. But also obscene, defamatory, illegal threat content or violates export control laws. Examples of unacceptable content or links are: pirated Warez, OGG, AVI, MPEG, ISO, programs or archives recognized as hacker tools, copies of digital movies protected by law copyright, DIVX and unauthorized MP3s. The appreciation of the character of various forms of content is entirely decided by Tunisieweb Hosting experts. If illegal content or usage is recognized, the account will be suspended and / or closed. You acknowledge and agree that Tunisieweb Hosting may disclose all your information including assigned IP numbers, account history, frthe equency of use to any law enforcement officer making a written request, and this without further consent or notification from you. Regardless of where this agreement was signed, you acknowledge and agree that in case of conflict, the case will be litigated and arbitrated in Tunis. The defendants waive all objections concerning the place and acknowledge that the place of settlement of the dispute will be held in the courts of Tunis. In all cases, the maximum financial responsibility Tunisieweb Hosting cannot exceed 500 Tunisian dinars.
DECLARATION OF PRIVACY
Tunisieweb Hosting follows the strict guidelines of our customer privacy statement. Thank you for making sure that you understand the entire statement.