Acceptance of terms and conditions

WEBSICO is a service provided by the company WEBSICO, simplified joint stock company, registered under the RCS Bordeaux SIREN number 512300088, whose registered office is Darwin Eco-système Bâtiment A 87 quai de Queyries 33100 BORDEAUX-FRANCE.
The use of the Service is governed by these Terms Of Use. Use of the Service implies acceptance of these Terms Of Use. WEBSICO reserves the right to modify or update the Terms Of Use without having to warn its customers or to seek their approval. Users may consult at any time the latest version of the Terms Of Use on the website WEBSICO (http://websico.com).

Open source

The software of the Web editor of WEBSICO is open source under GNU Affero Public license, a guarantee of sustainability and scalability.
The administration of parks  of prototype, pages and websites is under owner license.

Description of service

In SaaS mode, WEBSICO provides each of its subscribers services enabling the creation and administration of an online website content on the platform hosted at OVH, http://www.ovh.com, 2 rue Keller BP 80157 59100 Roubaix. 
From the moment an account is created, each subscriber can create his own site.

General information on the use of the Service:

Using the service requires the user to dispose of computer equipment with a proper connection and Internet access which will bear the costs, which are independent of the service. 
Consultation of the site is possible no matter the browser used. 
The administration of the site is protected by a PIN, and is accessible via the latest versions of all leading browsers. 
The subscriber agrees not to access the service by means other than the interfaces provided by WEBSICO. 
WEBSICO is not a tool for storing and distributing data but a publisher of online websites. To provide the best service to all users, WEBSICO reserves the right to take actions to limit traffic of the client site up to the temporary closure of the customer's website if it is excessive and/or causes disruption of the service.

Subscription

Operation:


Any subscription is opened with a 30 day trial period, then the user chooses the option that suits him. See pricing

Subscription is monthly and per site, without commitment of time and without notice of failure.

It can also be paid annually in advance.



It includes the provision of WEBSICO software, web hosting  and software developments.

The resources available are used in the page “Administration: parameters & utilities". 
If a particular operation leads to a significant increase in traffic, the client agrees to notify WEBSICO 8 working days in advance.

Terms of billing and settlement:

For month-to-month billing, the indivisible unity of billing is one month, one year for annual billing.

Annual payment boasts a reduction compared to monthly payment.

Payments are made online by debit.
The subscription is payable in advance per month on the anniversary date.
The anniversary date is the date of the subscription or the date of the last modification made to the account.

When a payment comes outside the anniversary date, debit and invoice take into account the days (positive or negative) between the normal anniversary date and the effective date of the payment.

This new payment date becomes the new anniversary date.
Invoices can be downloaded online from the page "Administration", once the settlement is validated.

Registration:

Registration is created for each site: 1 site = 1 subscription. To access the service, the subscriber must complete a registration process online. The user will be requested to include full name, address, email address, fix a site name and a number of other pieces of information. 
WEBSICO reserves the right to edit or refuse subsequent names unfair or indecent. 
The user agrees to provide true, accurate, timely and complete information about him/herself and the site, as requested during the registration process and update them regularly so they remain true, accurate, timely and complete. 
Assuming the information provided were incomplete, false or outdated WEBSICO may suspend or delete the account and refuse any current access and / or future service.

Cancellation and / or removal:

a. Cancellation and cancellation by the user:
The cancellation of a subscription is done by a simple click in the page “Administration: parameters & utilities".

During a subscription, cancellation of service is effective on the anniversary date, no refund.
During free period, cancellation occurs immediately.

The user may indicate the reasons which led to the cancelation of subscription.

Before closing its subscription if you want to keep a static image of the site, you must retrieve the html pages. This can be done by hand, page by page, or using a site aspiration software. 
The site is then taken statically and of course, will no longer receive services rendered by WEBSICO.  It should then be transferred to another shelter.
After the effective cancellation, the user will no longer have access to his/her account and its site and all information will be erased by WEBSICO which assumes no responsibility for the loss of such content and information.

b. Cancellation and suppression by WEBSICO:

WEBSICO may have to remove the service in case of breach of these Terms 
of Use including:

  • difficulty concerning the illegal nature of content in accordance with the provisions of Article 6 of the Act of 21 June 2004. The user expressly agrees and undertakes to:
    • Immediately inform WEBSICO when complaints or actions of third parties regarding the content occur.
    • Respond promptly to any request for information from WEBSICO in litigation.
  • WEBSICO is misused as a tool for storing abusive downloads.
  • one of the technical constraints of the subscription (volume limits, promotional banner display, or other) is deliberately bypassed.

In case of non payment of subscription and 10 days after a reminder by e-mail has had no effect, access to the administration of the client's website is suspended.
10 days after a second reminder by email without reply, the site is no longer available for consultation.
10 days after a third reminder by email without reply, the site is definitely deleted.
In any case, the user may not request any compensation on the part of WEBSICO because of the interruption or removal of access to services due to default.
WEBSICO has a zero tolerance policy for chargebacks. Any user who disputes a payment by credit card that is deemed valid will be permanently blacklisted and banned from using the service. All fees and costs in default will be borne by the user.

Change of prices

WEBSICO may change its prices upwards or downwards at any time subject to informing the customer two (2) months in advance by sending an email. In case of refusal of this change, the user will terminate his contract.

Support

Beyond the information available on the official website, it is not the responsibility of WEBSICO to provide free assistance to users in the use and operation of WEBSICO.

Protection of personal informations

Any user may request WEBSICO to disclose personal information about him/her and have them corrected if necessary, according to law N ° 78-17 of January 6, 1978 relating to data, files and freedoms, as amended by the Act of August 6, 2004. 
The user can update his/her data in the "options, parameters and utilities. 
Subject to the provisions of Article L. 121-20-5 of the Consumer Code, WEBSICO may need to disclose this information, including names, contact information and email addresses of users under judicial requisitions, including cases of difficulty on the content of the publication.  

Rules and obligations relating to the content and behavior

Access routes of administration

The user has a password to access the methods of administration of the site.
WEBSICO in no event shall  be held liable for unauthorized access to the user’s site.
WEBSICO does not keep passwords in clear text and can not communicate with anyone in case of loss. WEBSICO will recreate a new password on request.

Content


Responsibility for any information, data, text, software, music, sound, photographs, graphics, drawing, video, messages, goods, products, services or other content (hereinafter “content”) rests with the person who created or publishes this content. 

This implies that it is the user, not WEBSICO, which is solely responsible for any content he/she publishes, uploads, transmits or makes available through the service.
WEBSICO does not control the content posted via the service and in no case will be liable for any content whatsoever. 
WEBSICO may remove any content that violates the Terms Of Use and / or which may be regarded as manifestly illegal and / or by judicial request for withdrawal in accordance with the provisions of the Act of June 21, 2004.
The user acknowledges and agrees that WEBSICO may retain the offending content and send it by legal and regulatory requirements or if, in good faith belief that such preservation and such communication must be reasonably necessary to comply with any legal proceedings, the application of Terms Of Use treatment of any complaints regarding content violating the rights of third parties, protection of the rights, property or even WEBSICO security, its users or its audience.

Commitment to "good conduct"

Not that this schedule is complete, the user declares that he/she:  will not download, publish, pass or make available content that is illegal, degrading, threatening, defamatory, vulgar, torturing, obscene, libelous, invasive of another's privacy, hateful, a source of abuse or harassment that is offensive racially, ethnically or for any other reason.
- Will not affect in any manner whatsoever minors.
- Will not imitate a person, organization, guide, forum leader, guest or anyone else.
- Will not falsify titles, diplomas, qualifications or any other sign of recognition in order to disguise the identity or origin of any content.
- Will not download, publish or transmit content that the law or contractual or fiduciary relationships do not allow them to pass (such as inside information about a company or anything relating to intellectual property or private information confidentially received or communicated through professional relationships or under nondisclosure agreements).
- Will not download, publish or transmit content that would violate patents, trademarks, trade secrets, copyright, protection of the right to privacy and public life or any other law relating to intellectual property.
-Will not download, publish or send unwanted commercial emails, like spam, prohibited by Article L121-20-5 of the Consumer Code. This includes any form of advertising or any other practice that could be likened to spam and which is not ethical, such as:
* Sending massive emails that contain a false return address
* Promoting a site through forged links, addresses and descriptions
* Promote their own site by posting multiple identical messages in public forums.

- Will not download, publish, or send materials that contain viruses or any other computer code, files or programs designed to interrupt, impede or limit the functioning of any software, hardware or other equipment relating to telecommunications.  
- Will not interfere or hinder the Service or servers or networks connected to the service and not miss any constraint, procedure, policy or rule on networks connected to the service.
- Will not violate – intentionally  or not, any law, whether local, regional, national or international.
- Will  not harass others.
- Will not provide instruction on illegal activities nor promote them.
- Will not give any information on weapons (bombs, grenades and other explosives)
- Will not lead to abuse or attack any group or any individual, and will not encourage cruelty to animals.
- Will not propose or sell an object, product or service:
a. which goes against the application of any law or regulation 
b. for which he has no right and authority to sell or offer in accordance with relevant laws and regulations, including those for which licenses and permits are required but not obtained
c. or which WEBSICO believes, in its sole discretion, inappropriate for sale through the service provided.
- Will meet the offered service to which he/she has subscribed and will not go beyond its prerogatives, in particular, it will not use WEBSICO as a tool for storage of abusive downloads.
- Will not attempt to discover the programming code or any other source code used by WEBSICO.
- Will not attempt to access the service through automated methods.
- Will exercise caution when downloading files, WEBSICO reserving the right to refuse to accept or delete any file downloaded and deemed unsafe for the proper functioning of the service or site visitors. For any particular application, the user may contact WEBSICO.
- Will not send unsolicited mail (spam) to promote a website published on the service.
- Will not solicit any passwords or personal identification of other subscribers.
- Will not engage in commercial activity on behalf of WEBSICO without the prior express written permission.

Links

WEBSICO is not responsible for the validity of external links created to other Internet sites or resources, nor the availability of such external sites that are served. 
WEBSICO has no control over these sites, it will in no way be held responsible or be punished for the content, advertising, products or any other resource available on or via such sites and resources.
The user acknowledges and agrees that WEBSICO can not be held responsible, directly or indirectly, for damage and loss caused or allegedly caused due to the use of or reliance on the content, goods or services available on and through such sites or resources.

Compensation

The user agrees to pay WEBSICO for all losses and expenses incurred in case of complaint or claim initiated by any third party due to content published by users on their account, use of the service, the activities of its guests, its connection to the service, or any breach of these TOU or violation of any rights of others. 
WEBSICO disclaims any responsibility.

Changes / Interruption of service

The user declares to be aware of the hazards associated with the operation of the Internet, such as a slow or broken connection, and the requirements of technical interventions, planned or not, by the hosting service which may result in temporary interruption of service. It can not claim any indemnity for damage caused by such delays or interruptions. 
WEBSICO reserves the right at any time to modify or discontinue temporarily the service (or any part thereof) or access the service after notice to subscribers. 
The user acknowledges that WEBSICO has no responsibility to the user or any other party for any modification or discontinuance of service that can give rise to any guarantee or indemnity and / or damages of any kind.
The parties are not held responsible or considered as having failed to these terms and conditions for any delay or failure when the cause of delay or failure was due to a unforeseeable circumstances usually recognized by the courts.
The force majeure or fortuitous event shall suspend the obligations under the contract throughout its existence.

Trademarks, Copyrights

The services offered by WEBSICO are the exclusive property of WEBSICO SAS. They are protected by copyright and WEBSICO is itself a registered trademark with the INPI.

Applicable law and allocation of powers

The Terms Of Use are a total agreement between WEBSICO and the user and determines the use of the service and supersedes all prior agreements between WEBSICO and its users. 
If a condition of the Terms Of Use was considered null, void or invalid, the parties nevertheless agree that the disputed clause should be interpreted taking into account the intentions of the parties, the invalidity of any provision did not affect the validity of the Terms Of Use. 
These Terms Of Use are governed by French law. 
In case of dispute or disagreement on the interpretation, performance or achievement of one of these items of the Terms Of Use and the absence of agreement between the parties, the court of Bordeaux will be the sole jurisdiction. 


Last update: 2015.10

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