Specific Terms: Web Hosting

Article 1 - Purpose and Scope of the Special Conditions

1.1 Purpose

These Special Conditions (hereinafter "SC") define the technical specifications, obligations, and responsibilities related to the web hosting services offered by PulseHeberg, including shared resource plans and dedicated resource plans.

1.2 Hierarchy of Contractual Documents

These SC supplement the General Terms and Conditions of Use and Sale (CGU/CGV) of PulseHeberg. In the event of any conflict between the provisions of these SC and those of the CGU/CGV, these SC shall prevail.

1.3 Acceptance

Acceptance of these SC implies prior acceptance of the CGU/CGV of PulseHeberg. The Client is required to review all of these documents before subscribing to a web hosting service.

Article 2 - Description of Web Hosting Services

2.1 General Overview

PulseHeberg's web hosting services provide the Client with SSD-based server storage space for hosting one or more websites. Hosting management is carried out via the Plesk control panel.

2.2 Types of Plans

PulseHeberg offers two categories of web hosting plans:

• Shared resource plans: the server's overall resources (CPU, RAM) are shared equitably among all users hosted on the same platform. Only the disk space is guaranteed according to the quota allocated to the subscribed plan.
• Dedicated resource plans: certain plans include dedicated and guaranteed CPU and RAM resources for the Client. The precise characteristics of these resources are indicated on the product sheet of the relevant plan on the PulseHeberg website.

2.3 Included Features

Web hosting plans include, depending on the subscribed plan:

• SSD storage space for website hosting
• Email accounts accessible via webmail, IMAP, SMTP, and POP
• MySQL and/or PostgreSQL databases
• Free SSL certificate provided by Let's Encrypt
• SSH access via the console integrated into the Plesk panel
• Support for NodeJS and PHP technologies (various versions available)
• CRON job service
• Automatic CMS installation tool via Softaculous

2.4 Automatic Installation Tool

The Softaculous tool enables automated installation of CMS and web applications. PulseHeberg does not guarantee the proper functioning of all CMS and applications offered by this tool and disclaims all liability in the event of malfunction related to the installer or installed applications.

2.5 Service Evolution

The technical specifications and characteristics of the plans may evolve in line with technological advances or operational requirements. PulseHeberg undertakes to inform the Client of any substantial modification affecting their service.

2.6 PHP and NodeJS Versions

Multiple versions of PHP and/or NodeJS are offered on the web hosting plans. The Client is free to select the version of their choice from those available on the platform.

PulseHeberg reserves the right to remove at any time, with reasonable notice, PHP or NodeJS versions that have reached their end of life (EOL) according to the official support cycles of their respective publishers. In the event of removal of an EOL version, sites using that version will be automatically migrated to the nearest stable version, without compatibility guarantee.

Article 3 - Free Domain

3.1 Eligibility Conditions

For eligible annual subscriptions, a domain name is offered from a selection of extensions specified at the time of order. This promotional offer is subject to the following conditions:

• The Client must subscribe to a web hosting plan with an annual commitment
• The domain must be ordered or transferred simultaneously with the eligible web hosting order (added to the basket in the same order)
• The domain must be chosen from the extensions offered as part of the promotion
• The offer is limited to one domain per eligible hosting plan

3.2 Renewal of the Promotional Offer

The free domain offer is automatically renewed from year to year, subject to compliance with the following cumulative conditions:

• The Client settles the renewal of their hosting within the required timeframe, without any period of non-payment
• The Client does not perform any independent operation on the domain concerned (early manual renewal, outbound transfer, registrant change resulting in billing, etc.)

3.3 Modification of Promotional Conditions

The conditions of the free domain promotional offer may be modified at any time by PulseHeberg. In the event of modification, Clients already benefiting from the offer shall be informed at least thirty (30) days before the new conditions come into effect.

3.4 Loss of Promotional Benefit

In the event of non-compliance with the renewal conditions, the domain shall be charged at the current rate on the PulseHeberg website at its next renewal. The Client remains free to manage their domain independently, but shall then lose the benefit of the free offer.

Article 4 - Service Activation and Delivery

4.1 Activation

Following order validation and receipt of payment, the Client receives an email confirming the activation of their hosting service. This email contains the server connection information as well as the Plesk panel access credentials.

4.2 DNS Configuration

If a domain name is ordered simultaneously with the hosting, the DNS servers are automatically configured by PulseHeberg. Otherwise, the Client receives the DNS server information to be configured on their own domain.

The Client is informed that DNS propagation may require a delay of up to 48 hours depending on registries and internet service providers. During this period, the site may be temporarily inaccessible or accessible intermittently. This propagation delay does not constitute a service malfunction.

4.3 Getting Started

Once connected to the Plesk panel, the Client is responsible for configuring their space according to their needs: creation of FTP accounts, databases, email accounts, and other settings. PulseHeberg guarantees the provision of access to the server and panel, but the configuration of services is the Client's responsibility.

Article 5 - Client Responsibilities

5.1 Hosting Space Administration

The Client is the sole administrator of their hosting space and assumes full responsibility for its management. This responsibility includes notably:

• Service configuration and optimisation
• Updating software, CMS, scripts, and deployed applications
• Website monitoring and troubleshooting
• User account and access management

5.2 Security

Securing the website and hosted data is entirely the Client's responsibility. It is their duty to implement the necessary measures to protect their site against threats, including:

• Monitoring event logs
• Regularly applying security patches and updates
• Using strong passwords
• Implementing protection measures against common attacks

5.3 Technical Skills

By subscribing to the service, the Client acknowledges possessing the necessary technical skills and knowledge to fulfil their administration responsibilities. PulseHeberg shall not be held liable for any damages or malfunctions resulting from actions, omissions, or errors committed by the Client.

5.4 Personal Information

The Client undertakes to provide valid and up-to-date contact information for identification purposes (surname, first name, organisation where applicable, postal address, telephone number, email address). PulseHeberg reserves the right to request identity documentation. In the absence of a response from the Client within 72 hours, the service may be suspended.

5.5 Prohibited Content

The Client undertakes not to use their hosting for:

• Hosting racist, illegal, defamatory, or hate-inciting content
• Hosting content related to cult movements
• Distributing content infringing copyright or intellectual property
• Storing large files with no direct link to a website
• Setting up download or file-sharing platforms
• Hosting any content contrary to applicable legislation

5.6 Sanctions

Any non-compliance with the above obligations may result in the suspension or termination of the service without notice, without prejudice to damages that may be claimed by PulseHeberg. No refund shall be granted in the event of termination for Client breach.

Article 6 - Resource Usage

6.1 Shared Resource Plans

For shared resource plans, CPU and RAM resources are shared among the various Clients hosted on the same platform. Due to this pooling, no minimum CPU or RAM resources are guaranteed. Only the allocated disk space is guaranteed.

6.2 Dedicated Resource Plans

For dedicated resource plans, the CPU and RAM resources indicated on the product sheet are dedicated and guaranteed to the Client. Disk space is also guaranteed according to the plan specifications.

6.3 Fair Use

PulseHeberg implements resource limitation systems to ensure fair use for all Clients. In the event of abuse, overuse, or any usage likely to affect service quality or other Clients, PulseHeberg reserves the right to temporarily or permanently suspend the affected site.

6.4 Disk Space Overflow

In the event of exceeding the allocated disk space, the Client is notified by email at the address associated with their client account. They then have 24 hours to regularise the situation by deleting files or subscribing to a higher plan.

After this period, the site shall be automatically suspended. Lifting the suspension requires contacting support via ticket and bringing usage into compliance.

6.5 Email Service

The email sending capacity is limited by default to 20 emails per hour per Client. This limit may be increased upon justified request to support, without this constituting a contractual commitment.

Mass email sending (newsletters, prospecting, etc.) is strictly prohibited. The email service is intended for individual correspondence and low-volume transactional emails.

Article 7 - Prohibited Activities

7.1 General Principle

The use of the hosting service is subject to compliance with French, European, and international legislation in force. The Client shall refrain from any illegal, malicious, or unethical use.

7.2 Prohibited Activities

The following activities are specifically prohibited:

• Sending spam or unsolicited emails
• Intrusion attempts, port scanning, sniffing, spoofing, phishing
• Cryptocurrency mining
• Mass prospecting emails
• Hosting of copyrighted content without authorisation
• Any activity likely to compromise the security or stability of the infrastructure

7.3 Sanctions

Any breach of the usage rules may result in sanctions ranging from temporary suspension to permanent termination of the service, without notice in the event of a serious breach. In the event of spam activity, PulseHeberg specifically reserves the right to limit or block access to ports dedicated to email sending.

Article 8 - PulseHeberg Obligations

8.1 Platform Administration

PulseHeberg undertakes to administer the web hosting platforms and to ensure their proper functioning within the limits of its technical skills and capabilities.

8.2 Incident Management

In the event of an incident on the platforms, PulseHeberg shall endeavour to intervene with due diligence. The Client shall be informed of any difficulties by email, via social media, or through the network status page.

8.3 Maintenance

PulseHeberg may need to interrupt the service for preventive or corrective maintenance operations. The Client shall be informed in advance of scheduled interventions wherever possible.

8.4 Limitations of Liability

PulseHeberg's liability shall not be engaged in the event of:

• Fault, negligence, omission, or failure of the Client
• Disclosure or unlawful use of the Client's credentials
• Force majeure event or circumstances beyond PulseHeberg's control
• Content hosted by the Client on their space

8.5 Preventive Suspension

If the hosted service poses a threat to the infrastructure or other Clients, PulseHeberg reserves the right to suspend the service without notice. Access shall be restored after the Client has made the necessary corrections. In the event of repeated or particularly serious breaches, PulseHeberg reserves the right not to restore the service.

Article 9 - Backups and Restorations

9.1 Backups by PulseHeberg

PulseHeberg implements regular backup procedures for hosted data. These backups are performed as a precautionary measure and do not constitute an absolute guarantee against data loss or corruption.

9.2 Client Responsibility

PulseHeberg shall not be held liable for any loss, alteration, destruction, or corruption of data, regardless of the cause. Clients are strongly advised to maintain their own backup copies of all their data.

9.3 Restoration Request

To request a restoration, the Client must open a support ticket to enquire about available backup dates and choose the most appropriate one.

9.4 Free and Paid Restorations

Two restoration requests are offered to the Client per quarter. Any additional restoration is charged at 5 EUR including all taxes (TTC).

9.5 Processing Time

PulseHeberg undertakes to process restoration requests within a maximum of 24 hours, subject to the size and complexity of the data to be restored.

Article 10 - DDoS Attack Protection

10.1 Protection Mechanisms

PulseHeberg deploys protection mechanisms against DDoS attacks, particularly volumetric attacks, to preserve the availability of the hosting platforms.

10.2 Limitations of Protection

Although these mechanisms are rigorously designed, PulseHeberg cannot guarantee total immunity against all forms of DDoS attacks. In the event of an attack threatening the integrity of the infrastructure, protective measures, including temporary suspension of the affected Client's service, may be implemented.

10.3 Incident Management

In the event of residual effects of an attack affecting the platform, PulseHeberg undertakes to take all necessary measures to minimise the impact on Clients.

Article 11 - Data Confidentiality

11.1 Confidentiality Commitment

PulseHeberg undertakes to preserve the confidentiality of data hosted by the Client. This data shall not be shared, sold, or made available to third parties, except as required by law.

11.2 Judicial Requisitions

In the event of a judicial requisition, PulseHeberg is legally required to cooperate with the competent authorities and to provide the information requested, in strict compliance with applicable legislation.

Article 12 - Duration and Termination

12.1 Commitment Period

The commitment period corresponds to the period indicated on the invoice issued by PulseHeberg. This period begins upon service activation.

12.2 Termination by the Client

The Client may terminate their service from their client dashboard. Termination takes effect at the end of the current period. Once the service has been terminated, data is deleted and cannot be recovered.

12.3 Termination for Default of Payment

In the event of non-payment of a renewal invoice at the due date, the following provisions apply in accordance with the CGU/CGV:

• The service is suspended two (2) days after the payment due date
• The Client has a maximum period of thirty (30) days following the suspension to regularise their situation
• Failing regularisation within this period, the service shall be terminated and data permanently deleted
• PulseHeberg reserves the right to proceed with termination before the thirty (30) day period if operational requirements so demand

Clients are advised to regularly back up their data to prevent any loss in the event of termination.

Article 13 - Education Web Offer

13.1 Eligibility Conditions

To subscribe to the "Education Web" offer, the Client must:

• Be currently enrolled as a student at an educational institution (public or private) located in a European Union Member State, the United Kingdom, Switzerland, Norway, Canada, or the United States of America
• Provide upon subscription a valid proof of student status (student card, enrolment certificate, etc.)

13.2 Annual Status Renewal

The benefit of the "Education Web" offer is conditional upon maintaining student status. The Client is required to renew the proof of their student status annually from their client dashboard by providing an up-to-date document.

13.3 Authorised Use

The "Education Web" offer is designed with an educational and academic purpose. The Client undertakes not to use the hosting for professional, commercial, or e-commerce purposes.

13.4 End of Eligibility

Once the Client is no longer a student or can no longer demonstrate their status, they lose their eligibility for the "Education Web" offer. The Client then has the following options:

• Transfer to a public offer: the Client is invited to contact PulseHeberg support to transfer their services to the nearest available public offer at current rates
• Termination: the Client may choose to terminate their service

13.5 Failure to Provide Proof

In the absence of renewal of the student status proof within the required timeframe, or in the absence of contact from the Client to regularise their situation:

• The service shall be suspended pending contact from the Client
• The Client shall be notified by email of the suspension and the steps to be taken
• Data shall be retained for a period of thirty (30) days following the suspension
• After this period, without regularisation or contact, the service may be permanently terminated and data deleted

13.6 Verification and Sanctions

PulseHeberg reserves the right to verify the Client's eligibility at any time. In the event of proven fraud (false documents, commercial use, etc.), PulseHeberg reserves the right to terminate the service without notice and without refund.