Specific Terms and Conditions: Web Hosting Service

Last modified on 30.07.2019

Specific Terms and Conditions applicable to the Web Hosting Service Service provided by EuroDNS S.A. The French version is the only binding version between EuroDNS and the Customer.

These Specific Terms and Conditions and the General Terms and Conditions shall be interpreted and applied together as a single instrument (the “Agreement”). To the extent there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms and Conditions.

Insofar as the Customer has submitted an Order Form pursuant to the General Terms and Conditions, EuroDNS shall provide the Customer with a range of website hosting services (the "Web Hosting Service") as defined in its commercial offer and subject to the conditions set out below. The Web Hosting Service includes in particular:

• a shared web hosting offer (the "Shared Web Hosting Offer"); and
• a WordPress offer (the "WordPress Offer"), which gives access to Jetpack functionalities and, where applicable, to an artificial intelligence website-building tool (article 11).

Notwithstanding its commercial name ("Managed WordPress" or otherwise), the WordPress Offer is not a managed hosting service for the Customer's web server or website. It is limited to the provision of the Jetpack functionalities described in the commercial offer and, where applicable, the artificial intelligence website-building tool. The administration, configuration, updating (in particular of WordPress, themes and plugins), securing, backup and maintenance of the Customer's website remain the Customer's sole responsibility, unless a feature is expressly included in the commercial offer.

In order to facilitate the activation of the Web Hosting Service by the Customer, EuroDNS allows the Customer to initiate this procedure during a period of three (3) months following the date on which EuroDNS accepted the Order Form.

The Customer is expressly informed that if they fail to initiate the activation procedure within this period, they will lose all rights to use the Service and will not be entitled to any refund.

The Customer is further informed that the activation procedure may only be carried out from the Customer Account via which the Customer placed their order for the Web Hosting Service.

Once activated, the Web Hosting Service will be available for the duration selected by the Customer in their Order Form.

In order to avoid an unwanted expiration of the Service and the deletion of the Content, EuroDNS enables the Customer to activate an automated renewal option in the Customer Account.

If this option is activated, EuroDNS will attempt to renew the Service prior to its expiration date and for the term selected by the Customer. This automated renewal shall be operated in accordance with the terms of article 6 of the General Terms and Conditions.

If the automated renewal option is deactivated, the Customer will need to renew their subscription to the Web Hosting Service manually, via the Customer Account, before its expiration date. EuroDNS will notify the Customer several times of the expiration of their subscription to the Service and of the renewal procedures, by sending emails using the Customer Details.

EuroDNS cannot be held liable if the Customer fails to take the necessary action to renew their subscription to the Service or in the case of the Customer Details being inaccurate or obsolete and, more generally, in case of the Customer failing to receive the expiration notice. The Customer remains solely responsible for the renewal of their subscription.

If the Customer fails to take action to renew the its subscription before its expiration date, the Service will be suspended for a period of fourteen (14) days during which the Customer will be able to reactivate their subscription to the Service via the Customer Account.

At the end of this period, the Service will be completely deactivated and any Content hosted via the Service as well as the configuration of the Service itself will be definitively deleted with no means of recovery.

EuroDNS grants the Customer a limited, non-exclusive right of use over certain functionalities of the Web Hosting Service, as defined in the Customer's Order Form.

By accepting this right of use, the Customer commits not to, directly or indirectly: (i) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, technical interfaces, algorithms or any software element on which the Web Hosting Service relies, and more generally any technology made available to the Customer as part of the Web Hosting Service; (ii) modify or create derivative works of the Web Hosting Service; (iii) incorporate or embed the Web Hosting Service, in whole or in part, into another product or computer service; or (iv) remove, alter or obscure any reference to the intellectual property rights attached to the Web Hosting Service.

The Customer is informed that this licence is personal and that they are forbidden from sub-licensing the Web Hosting Service and, more generally, from allowing any third party to use the Web Hosting Service.

All rights in the Web Hosting Service that are not expressly granted to the Customer hereunder remain reserved to EuroDNS and its licensors.

In addition, the Customer is expressly informed that, depending on their choice and customisation of the Service, the software published by:

• Plesk GmbH is used for the Shared Web Hosting Offer;
• Aut O'Mattic A8C Ireland Ltd. (Automattic) is used for the WordPress Offer, including the Jetpack functionalities; and
• Extendify Inc. is used for the artificial intelligence website-building tool.

The Customer therefore undertakes to comply with the licence agreements of Plesk, Automattic (WordPress.com and Jetpack) and Extendify, depending on their choice of service.

Depending on the configuration of the Service by the Customer, other licence agreements may apply; a link to them will be displayed in the Service control panel. These licence agreements form an integral part of these Specific Terms and Conditions.

The Customer accepts that certain technical limitations apply to the service they have chosen. These limitations will be described in detail on the EuroDNS Site. Nonetheless, in case of doubt, it is for the Customer to contact EuroDNS's support service to obtain further information regarding the Service.

Notwithstanding the foregoing, the Customer understands and accepts that the use of the Web Hosting Service is strictly limited to the hosting of websites and that any use of this service as a file hosting and sharing platform, for video or music streaming, or any other use contrary to the purpose of the Web Hosting Service is strictly prohibited.

The Customer also understands that EuroDNS reserves the right to modify these limitations from time to time and to prohibit certain types of use of the Web Hosting Service.

The Customer agrees to be fully and solely responsible for any Content that they transmit, distribute, edit, publish or make available via the Web Hosting Service. EuroDNS does not control the Content accessible via the Web Hosting Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

As a reminder, the law imposes no general obligation on EuroDNS to monitor the Content.

Notwithstanding the foregoing, if EuroDNS becomes aware that blatantly illicit Content is hosted via the Web Hosting Service, EuroDNS will promptly suspend the Web Hosting Service, that is, without notice to the Customer. Where applicable, EuroDNS may also be required to inform, or to assist, the competent public authorities in their investigation of the blatantly illicit activities identified.

The Customer understands and agrees that, unless otherwise provided, all fees applicable to the Web Hosting Service are non-refundable. Notwithstanding the foregoing, a Customer having the legal status of consumer pursuant to the Luxembourg Consumer Code is entitled to the statutory right of withdrawal of fourteen (14) calendar days provided for in article L.222-9 of this code.

The withdrawal period runs from the conclusion of the contract, that is, from the acceptance of the Order Form by EuroDNS. To exercise this right, the consumer Customer shall notify EuroDNS of their decision before the expiry of the period, by an unequivocal statement, in particular by means of the model withdrawal form provided for in the Consumer Code, sent by email to legal@EuroDNS.com or by post to the address specified in article 1 of the General Terms and Conditions.

By activating the Web Hosting Service during the withdrawal period, the consumer Customer expressly requests that the performance of the Service begin before the expiry of that period. If they subsequently exercise their right of withdrawal, they shall pay EuroDNS an amount proportionate to what has been provided up to the time they informed EuroDNS of their withdrawal, in comparison with the full coverage of the contract.

EuroDNS shall reimburse the payments received within fourteen (14) days from the day on which it is informed of the consumer Customer's decision to withdraw, using the same means of payment as for the initial transaction, unless expressly agreed otherwise.

In addition, and without prejudice to the consumer Customer's statutory right of withdrawal, EuroDNS allows any Customer to terminate their subscription to the Service during the fourteen (14) days following its activation and to request a full refund of the fees paid for it.

The Customer is also informed that, after this fourteen (14) day period, any early termination of the Web Hosting Service will not entail the refunding of any monies already paid to EuroDNS, nor will it release the Customer from their obligation to pay the fees relating to the Web Hosting Service ordered.

In accordance with article 7.2 of the General Terms and Conditions, EuroDNS retains the right to discontinue or suspend at any time, temporarily or permanently any part of the Web Hosting Service. In such a case EuroDNS shall make its best efforts to inform the Customer of such modification or suspension of the Web Hosting Service in a timely manner.

The Customer understands and accepts that EuroDNS cannot be held liable by the Customer or any third party for any consequences resulting from such modification, suspension or discontinuance of the Web Hosting Service.

EuroDNS makes no warranty of any kind, expressed or implied as to the Web Hosting Service merchantability or fit for a particular purpose. The Web Hosting Service is provided on an as-is and as available basis without warranty of any kind, expressed or implied, as to its good functionality and EuroDNS disclaims all responsibility and liability for the Service availability.

Further, the Customer expressly acknowledges that EuroDNS will not backup the Customer Content and therefore accepts that they shall take all measures they deem necessary against the loss or deterioration of the Content.

EuroDNS shall make its best efforts to provide the Web Hosting Service twenty (24) hours a day and seven (7) days a week for the whole term of the Web Hosting Service subscription. However, EuroDNS hereby only commits to a best-efforts obligation.

Additionally, the Customer accepts that the Web Hosting Service may be unavailable or not functioning from time to time due to several causes, such as but not limited to:

• periodic maintenance, repair or replacement operations of equipment necessary to the provision of the Web Hosting Service that EuroDNS may undertake from time to time;
• improper use of the Web Hosting Service by the Customer;

EuroDNS shall make all reasonable efforts to publish on the EuroDNS Site any information pertaining to the resuming of the Web Hosting Service after an interruption.

When using the Web Hosting Service, the Customer commits, among other things, not to:

• engage in acts of defamation, insult, threats, blackmail or harassment, or in acts infringing privacy or human dignity and/or constituting an apology for crimes against humanity, denial of genocide, or incitement to violence, racial hatred or child sexual abuse material;
• attempt to mislead the public by impersonating the identity or company name of a third party or by harming the image or reputation of third parties;
• carry out any manipulation intended to conceal the origin of the transmission of Content;
• transmit, distribute, edit, publish or make available any Content for which the Customer does not hold the necessary legal or contractual authorisations;
• infringe intellectual property rights or any other proprietary rights held by a third party (including for any software or code used by the Customer);
• upload, display, send, distribute, transmit or otherwise make available any Content containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, computer hardware or telecommunications equipment;
• disrupt, slow down, block or alter the normal flow of data exchanged within the Web Hosting Service, accelerate the transmission of Content in such a way that the operation of the Web Hosting Service is modified or altered, or take any other action having an equivalent disruptive effect on the functionalities of the Web Hosting Service;
• intentionally or unintentionally violate any applicable law in the broadest sense of the term, whether national or international, and more generally any rule having the force of law or regulation.

11.1. Where the offer chosen by the Customer includes an artificial intelligence website-building tool (the "AI Tool"), it is provided by Extendify Inc. ("Extendify") and allows the generation, from instructions entered by the Customer (the "Instructions"), of the structure, texts, images and other elements of a WordPress website (the "Results").

11.2. The Instructions are transmitted to Extendify and its artificial intelligence service providers and are processed in accordance with their terms of use and privacy policies. The Customer commits not to include in the Instructions any personal data of third parties, trade secrets or confidential information, unless authorised to do so.

11.3. The Results are generated automatically. They may be inaccurate, incomplete, misleading or inappropriate, resemble existing content or infringe third-party rights. EuroDNS does not guarantee their accuracy, quality, fitness for the Customer's intended use, originality or protection by copyright. It is for the Customer to check, correct and validate the Results before any publication. The Customer is solely responsible for the publication and use of the Results, like any other Content within the meaning of article 5.

11.4. The Customer is solely responsible for compliance with the legislation applicable to their website and to the Results published, including, where applicable, the information and transparency obligations applicable to content generated or manipulated by artificial intelligence, in particular under Regulation (EU) 2024/1689.

11.5. Subject to third-party rights and Extendify's terms, EuroDNS claims no rights in the Results. EuroDNS may limit use of the AI Tool (in particular through quotas or a reasonable-use requirement) and suspend access to it in the event of abusive use or use contrary to article 10. Articles 7 and 8 apply to the AI Tool.

The Web Hosting Service is an entry-level hosting service intended for private use or use by small businesses. It is not designed to host websites, applications or activities whose commercial or professional viability depends critically on guaranteed availability, performance or capacity.

A Customer who nevertheless uses the Web Hosting Service for such needs does so at their own risk and bears alone the consequences of any unavailability, interruption, slowdown or loss of data, for which EuroDNS cannot be held liable. The Customer further undertakes to hold EuroDNS harmless against any consequence that use of the Web Hosting Service for purposes not in line with its intended purpose may entail.

The Customer undertakes not to resell, distribute or share the Web Hosting Service in whole or in part.

13.1. The Customer may request the early termination of the Web Hosting Service at any time. Such termination shall take effect one (1) month after receipt by EuroDNS of a written request sent by registered mail to the address specified in article 1 of the General Terms and Conditions.

13.2. The Customer is aware that, in certain circumstances, EuroDNS reserves the right to suspend or terminate the Customer's subscription to the Web Hosting Service immediately and without prior notice, thus preventing the Customer from accessing and/or using the Web Hosting Service. The circumstances in which such suspension or termination may take place include, without it being deemed a default by EuroDNS of its contractual or legal obligations, and without this list being exhaustive:

• any breach by the Customer of the Contractual Terms;
• the receipt of a request imposing such termination from the competent judicial or governmental authorities;
• the Customer's early termination request;
• any suspension or substantial modification of the Web Hosting Service;
• unforeseeable technical problems or security flaws;
• use of the Web Hosting Service by the Customer for illicit purposes; and/or
• failure by the Customer to pay any sum due for the provision of the Web Hosting Service.

13.3. In case of termination of the whole Agreement pursuant to article 14 of the General Terms and Conditions, the Customer shall hold EuroDNS harmless from any responsibility arising from any further intervention request on the Web Hosting Service.

13.4. The Customer expressly agrees that no refund shall be granted in case of termination of the Web Hosting Service and/or the whole Agreement.