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CONTRACT: All contractual documents consisting of this hosting contract, as well as all other documents referring to it. The PROVIDER: Ex2, considered to be the provider of the web hosting offer and associated services. The CUSTOMER: Person, natural or jurdical, having placed an order for a hosting service, and holder of the contract.
1.1 - This hosting agreement applies to all provision and service of the hosting offer. Any opposing clause imposed by the CUSTOMER will therefore, in the absence of express acceptance, be invalid against Ex2, regardless of when it may have been brought to the knowledge of the latter.
1.2 - If any of the clauses of this hosting agreement aren't applied or enforced, it cannot be interpreted or opposed as constituting a waiver by Ex2 to later avail itself of said conditions.
2.1 The purpose of this hosting agreement is to define the technical and financial conditions under which Ex2 is engaged to the CUSTOMER.
3.1 - The CUSTOMER'S WEBSITE is accessible to the general public via the Internet.
3.2 - Ex2 provides the CUSTOMER with the services ordered (web hosting, cloud and dedicated servers, domain names, mailboxes, facilities management services). Ex2 provides the CUSTOMER with technical support via e-mail/tickets and online chat.
4.1 - Ex2 will seek to provide 24/7 access, but will not be able to guarantee it, given the nature of the network.
5.1 - The CUSTOMER acknowledges that he has verified the suitability of the service to his needs and has obtained from Ex2 all the information and advice necessary to subscribe to this commitment in full knowledge of the facts.
6.1 Ex2 is committed to providing all the care and diligence necessary in order to provide a quality service.
6.2 Ensure access to the server 24 hours a day every day of the year, apart from any technical or network incidents. If absolutely necessary, Ex2 reserves the right to interrupt the service in order to carry out a technical intervention to improve its operation or to perform any maintenance operation.
6.3 - Respond rapidly to incidents.
6.4 - Ensure that the quality of its tools is maintained at the highest level and that its team is competent.
7.1 - Ex2 is committed to taking all reasonable precautions in order to ensure the physical protection of the data and programs entrusted to it by the CUSTOMER.
7.2 - Ex2 will not be liable in the following cases: - deterioration of the application by the CUSTOMER and/or non-compliance with the advice given. - misuse of servers and software by the CUSTOMER. - partial or total destruction of information transmitted or stored as a result of errors attributable directly or indirectly to the CUSTOMER.
7.3 - Ex2 ne pourra être jugé responsable du non-respect par le CLIENT des règles, lois et obligations d'ordre public et de bonnes moeurs nationales et internationales.
7.4 - Because of the characteristics of the Internet, which the CUSTOMER declares to be fully aware of, Ex2 cannot be held liable in particular for:
7.5 - In any event, the amount of damages that can be charged to Ex2, if its liability was incurred, will be limited to the sum of all amounts already paid by the CUSTOMER to Ex2. It will be calculated for the portion of the service for which Ex2’s liability has been withheld.
7.6 - Ex2 is committed to making every poosible effort to provide the CUSTOMER with the best possible services, except in the event that an interruption of the service is expressly requested by a competent administrative or judicial authority.
7.7 - Ex2 shall not be held responsible for any total or partial breach of an obligation and/or failure of operators of transport networks towards the Internet world and in particular its access provider or providers. As such, Ex2 informs the CUSTOMER that its services are dependent on other technical operators and that its liability cannot be incurred for their failure.
7.8 - All Ex2 staff are linked to the company by employment contract, which includes a confidentiality clause and a non-disclosure clause.
7.9 - Ex2 technicians are limited to network/server support; they may decide not to answer questions in order to create codes/scripts not provided by CPanel.
8.1 - The CUSTOMER acknowledges verifying the suitability of the service to his or her needs.
8.2 - The CUSTOMER is responsible for its websites, the content of the information transmitted, disseminated or collected on them, their exploitation and their updating, as well as any files they contain, including address files.
8.3 - The CUSTOMER is responsible for the scripts and programs used on its hosting space. Th CUSTOMER will personally ensure that these programs do not cause failure or saturation (in terms of disk resources, CPU or memory) of the servers on which they are deployed.
8.4 - The CUSTOMER commits to keeping a backup of the content hosted on the Ex2 servers, on its personal computer or other backup device in its possession.
8.5 - The CUSTOMER commits to respecting the rights of third parties, in particular the human rights and intellectual property of third parties such as copyright, patent or trademark rights
8.6 - The unlimited disk spaces offered as part Ex2 plans should only be used for web hosting. Your unlimited space allows you to create the most elaborate website in the world, with hundreds or thousands of pages, you won’t be penalized for exceeding the limits. The use of your hosting account as a dedicated online storage space for archiving files, music, electronic images or video is strictly prohibited.
8.7 - The CUSTOMER must contact Ex2 in case of undesired domain name expiration. If no contact has been made before the redemption of the domain, the customer must, if he wants to renew the domain name, pay the fees requested by ICANN, which can be up to 60 Euros.
8.8 - The CUSTOMER and Ex2 commit to communicating in a courteous manner. Respect is required in support requests and Ex2 responses to help problem solving and healthy communication. If the CUSTOMER uses an inappropriate language in its communications, Ex2 reserves the right to ignore requests until they are expressed in a respectful manner.
8.9 - The CUSTOMER is responsible for the security of its websites. In case of hacking, the customer is responsible to find the security vulnerability on his site and make the necessary corrections
8.10 - A shared hosting plan is designed to be assigned to a single owner. It is not authorized to divide and resell the same hosting or mail plan between several users. A reseller hosting plan, on the other hand, is suitable for those who wish to market hosting services.
8.11 - Failure by the CUSTOMER to comply with the articles referred to above, or the dissemination of any content likely to give rise to civil and/or criminal liability, will result in the interruption without delay and without prior notice of the services to the CUSTOMER. Ex2 reserves the right to immediately terminate the CUSTOMER’s contract, without the CUSTOMER being entitled to claim damages. The CUSTOMER commits to paying the remaining amounts due on the date of termination.
9.1 - This Agreement will take effect on the date you signed up for your first Service and will remain in effect until it is terminated in accordance with the terms set out in section 12 (“Resiliation”).
9.2 - This contract is renewable, for a period identical to that fixed at the time of its conclusion, according to the terms and rates applied by Ex2 on the date of its renewal, unless denounced by one of the parties under the conditions described below.
10.1 - All prices shown include taxes except for Canada (taxes added at the end of the purchase order). Invoices are payable in euros, US dollars and Canadian dollars.
10.2 - The price fixed for the 12-month period is final; it is mentioned when ordering the hosting service.
10.3 - During the 12-month period, the price cannot be revised.
10.4 - Invoices are payable in advance for the remaining period.
10.5 - Automatic payment. Where Ex2 is authorized to do so in accordance with this Agreement in respect of all applicable Fees, Expenses or Taxes, These amounts will automatically be charged to the credit card or PayPal account registered in your Ex2 account and you authorize Ex2 to do so. Ex2 will send you an invoice for these amounts to the email address in your customer account prior to completing the transaction.
11.1 The domain name is the exclusive property of the customer.
11.2 The domain is free as long as the customer renews his subscription with Ex2.
12.1 - The NEW CUSTOMER may terminate his contract during the 30-day trial period, except for monthly accommodation (see below). The NEW CUSTOMER can request a refund during this period, directly via the cancellation option available in the service tab of the Ex2 customer area or by contacting customer service. Following the 30-day trial period, the customer will not be able to claim any refund from Ex2, whether they use the services or not. Ex2 will then retain 100% of the amounts paid by the customer. The refund will be made by the same means of payment as the original payment, usually within 7 working days. For bank card refunds, the bank processing fee (up to 5%) is not refundable. Payments by Bitcoin or Bitcoin cash are non-refundable.
12.2 -Renewals. Services purchased for a specified period (for example, three years) will be automatically renewed at the end of the said period unless you notify Ex2 in writing of your intention to terminate them at least 7 days before the expiry of that period or you terminate your contract and cancel the automatic payment in your account 24 hours before renewal. In the absence of termination, the customer’s services will be renewed at Ex2’s standard rates of the moment.
12.3 - Hosting services paid on a monthly basis does not include a trial period and is not refundable.
12.4 - Subject to Article 12.1 (Money Back Guarantee within 30 days), any amounts paid in advance for the Services will not be refunded.
12.5 - Domain names and additional services ordered (SSL, privatization of domain name data, etc.) are not refundable. If a domain name was offered when purchasing a hosting plan, the registration fee will be deducted from the refund.
12.6 - Ex2 and the CUSTOMER undertake to notify each other by e-mail of any breach of this contract.
12.7 Ex2 may terminate this agreement or suspend the hosting of a customer who posts illegal content on its site without notice.
12.8 In case of termination of the gosting service following non-compliance with the terms and conditions, the customer will not be able to request any refund of the pre-paid services.
13.1 - If the performance of the contract, or of any obligation incumbent upon Ex2 hereunder, is prevented, limited or disturbed by fire, explosion, failure of transmission networks, collapse of facilities, an epidemic, an earthquake, a flood, a power outage, a war, an embargo, a law, an injunction, a request or demand from any government, a strike or a failure of its network provider, or any other circumstances beyond the reasonable control of Ex2, then Ex2 will be relieved of its obligations.
13.2 - In these cases, Ex2 will be exempt from the performance of its obligations within the limits of prevention, limitation or disturbance. In the event of force majeure, Ex2 must keep the CLIENT regularly informed of the outcome and recovery prognoses.
13.3 - The obligations arising from this contract will be suspended for the duration of the case of force majeure.
13.4 - If the effects of a case of force majeure were to last more than two months, the contract may be legally terminated at the request of either party, without entitlement to compensation on either side.
14.1 - Each of the parties shall treat as confidential, during the term of the contract and after its expiry, information, documents, systems, knowledge, forms or data of any kind from the other party of which it may have had knowledge in connection with the performance of the contract, and shall not disclose them to others or use them outside the requirements of the contract.
15.1 - Ex2 offers external backups on a remote server for shared plans. To be saved, an account must not exceed the following size: 5GB for "Personal" plans, 25GB for "Business" plans, 10GB for "WordPress-Basic" plans, 15GB for "Green" plans. The "Private", "E-commerce", "CMS ", "WordPress Plus" and "WordPress Pro" plans are automatically backed up to the physical size of the server hard drive (up to 250 GB). Dedicated servers and VPS are NOT externally backed up by Ex2. It is the CUSTOMER’s responsibility to maintain backups or contract a backup service.
15.2 - Ex2 assumes no responsibility for failure of backups, data loss or data integrity. Backups can be permanently deleted in case of default or expiry of the customer account. It is the customer’s sole responsibility to make and retain copies of their data, and Ex2 will not attempt to retain data (including backups) from accounts that have expired or been deleted.
16.1 The service provided to the customer is for web hosting only.
16.2 Web hosting services should not be used as a backup server or storage of user data. The use of your hosting account as a dedicated online storage space for archiving electronic files or images is strictly prohibited.
16.3 It is forbidden to install Teamspeak or Ventrilo communication software on your hosting.
16.4 It is forbidden to compile any services, Eggdrop, IRC, game servers.
16.5 Any site with a pornographic character must comply with the general laws of Canada and France, presenting consenting models aged 18 and over.
16.6 It is strictly forbidden to use an Ex2 account to send spam or any other illicit communication.
17.1 By registering as an affiliate, you agree to the terms and conditions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO PARTICIPATE IN THE AFFILIATE PROGRAM. Registration in the affiliate program does not require a purchase on the Ex2 inc website.
17.2 As an Ex2 affiliate, you may earn a single commission for each purchase of a hosting account that you refer to Ex2 that meets the definition of a “qualified purchase” and the requirements set out in this document. A qualified purchase is the purchase of an Ex2 hosting service by a new and unique customer who: (i) clicks on an affiliate tracking link, (ii) completes the registration process within thirty (30) days of clicking on the tracking link and (iii) maintains an active account with Ex2 for at least ninety (90) days
17.3 No commission will be paid for sales made without tracking or participation in our affiliate program
17.4 Missing or unattended affiliate commissions must be reported during the current reference period (between the 1st and 15th of the month or between the 16th and the end of the month) and will be credited to your account at our sole discretion
17.5 Due to the high frequency of credit card fraud and cancellation rates, Ex2 reserves the right to withhold commissions up to an additional two (2) months for verification. We reserve the right to waive referral fees in the event that we are unable to collect funds, when an order is fraudulent, which the customer cancels within ninety (90) days, or if we learn that the commissions were earned illegally.
17.6 If a sponsored customer initially purchases a hosting package for at least one (1) year and then retrogrades their hosting package to monthly payment (1) year within one (1) year of their initial purchase, referral fees paid to the Member shall be deducted from future profits.
17.7 Commissions from referred customers deemed fraudulent (for example: false information, false credit cards, sale of counterfeit products, etc.) will be cancelled regardless of the time elapsed since the date of the initial purchase.
17.8 Non-standard rates (rates not available on the platform) are not eligible for membership fees. These non-standard rates include, but are not limited to: special promotions, email offers, prepaid accounts and discounted prices offered to non-profit or charitable organizations.
17.9 Restrictions and responsibilities of affiliates:
17.10 Any breach of these rules will result in the termination of your affiliate account and the suspension of affiliate payments.
Ex2 invites you to send us your feedback on these terms of use at [email protected].
You can also contact us by mail at:
Ex2 Inc.