CONDITIONS GÉNÉRALES D'UTILISATION

Object

Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the economy
users of the LuneoCloud site are informed of the identity of the various parties involved
within the framework of its realization and its follow-up: The present conditions have for object to define the
technical and financial conditions under which LuneoCloud undertakes to host on its premises
platform the customer’s services. The customer expressly acknowledges that LuneoCloud does not participate in
to the design, development, realization and implementation of the project.
the client’s website and its management and administration tools.
Owner: LuneoCloud
SIRET: 920 336 674 00014
Responsible for publication: LuneoCloud – [email protected]
The person responsible for publication is a natural person or a legal entity.

General conditions of use of the site and the services offered

The use of the luneocloud.com website implies full acceptance of the terms and conditions
general conditions of use described below. These terms of use are subject to change
modified or completed at any time, users of the luneocloud.com website are therefore invited to
consult them on a regular basis. The luneocloud.com website can be updated at any time, from
same as for these conditions.

Content of the site

Any copy, reproduction, modification, publication, adaptation of all or part of the elements of the
site, whatever the means or the process used, is prohibited, except prior written authorization of the
owner.

Links and cookies

The luneocloud.com site provides hypertext links to other sites on various pages
sites. Since it is impossible to verify the content of the sites visited, the owner does not
can be held responsible and declines all responsibility. Browsing this site is likely to
to generate the installation of cookie(s) on the user’s computer. A cookie is a file of
small size, which does not allow the identification of the user, but which records information
relating to the navigation of a computer on a site. The data thus obtained is intended to facilitate the
navigation on the site, and are also intended to allow various measures of
attendance. The refusal to install a cookie may result in the impossibility of accessing certain
services. However, the user can configure his or her computer in the following way, to refuse
installation of cookies: In Internet Explorer: tool tab (pictogram in the form of a cog
top right) / internet options. Click on Privacy and choose Block all
cookies. Validate on Ok. In Firefox: at the top of the browser window, click on the
Firefox, then go to the Options tab. Click on the Privacy tab. Set up the
save on: use the custom settings for the history. Finally uncheck it to
disable cookies. In Safari: Click on the top right corner of the browser on the
menu (symbolized by a cog). Select Settings. Click on View Settings
advanced. In the “Privacy” section, click on Content Settings. In the section
“Cookies”, you can block cookies. In Chrome: Click on the menu icon (symbolized by three horizontal lines) at the top right of the browser. Select Settings.
Click on Show Advanced Settings. In the “Privacy” section, click on
preferences. In the “Privacy” tab, you can block cookies.

Responsibility

The owner cannot be held responsible for direct and/or indirect damage caused to the
material of the user, when accessing the luneocloud.com site and resulting either from the use of a
hardware, or the appearance of a bug or an incompatibility. It will also not be held
liable for consequential damages (such as loss of business or loss of profit)
chance) resulting from the use of this site. The owner reserves the right to put in place
the civil and/or criminal liability of the user, particularly in the event of a message to
racist, insulting, defamatory, or pornographic, regardless of the medium used (text,
photography…). Providing false personal information, in particular for the purpose of
attempt to obtain a domain name in a quasi-anonymous manner, is prohibited and will directly result in
termination of the account and the related domain name(s). The customer will be responsible for
the entirety of the consequences, of whatever nature they may be, including pecuniary, in the event
where he has not received a mandate from the persons whose names and contact details he is transmitting for the purposes of
registration of a domain name. The client will also remain responsible for all facts
and acts relating to the registered domain name, in case a license to use it is granted to
a third party. It is therefore up to the customer to carry out any useful verification of the use of the
domain name in accordance with the rules of ICANN, the Trustee Authority, and the rules
contractual terms and conditions set forth by LuneoCloud. The customer undertakes, if necessary, to respect the procedure
alternative dispute resolution applicable to the area in dispute.

Jurisdiction

Any dispute relating to the use of the luneocloud.com website is subject to French law. It is
grants exclusive jurisdiction to the competent courts of Paris.

Main laws concerned

Law n° 78-17 of January 6, 1978, notably modified by law n° 2004-801 of August 6, 2004 on
to data processing, files and freedoms. Law n° 2004-575 of June 21, 2004 for the confidence
in the digital economy.

Hosting - VPS / Dedicated

LuneoCloud provides the customer with a virtual VPS hosting infrastructure and a
connection to the Internet, whose technical characteristics are described online on the website
of LuneoCloud for a defined total monthly or annual amount, allowing the customer to benefit from
a high-speed technical platform, multi-purpose and connected to the Internet network in a
permanent. The customer benefits from a management panel allowing him to manage the service, he is
available under Linux or Windows operating systems. The client could not engage the
LuneoCloud is not responsible for any operating system that is not compatible.
LuneoCloud is not required to provide technical support for the server’s operating system
VPS, nor on the software.

Domain names

The customer registers in detail on the LuneoCloud website. It provides on this occasion
all the elements likely to proceed to the registration of the requested domain name. He
will also provide the addresses of the primary and possibly secondary servers for the
chosen field. The completeness of the form is a condition for the admissibility of the
registration procedure. Any incomplete information on the form will result in the failure of
the registration. The Customer warrants that it has received a mandate from all persons whose information it discloses
contact information, not only for the registration and communication of names and contact information,
but also their collection and publication on the Internet. The indication by LuneoCloud of the
availability of the domain name on its site is purely indicative. The same applies to the
confirmation of reservation made by e-mail as soon as the check-in formalities are completed
completed and the payment registered. Only the validation of LuneoCloud after verification and
The actual registration by the registry or by the supervisory authority will be considered as registration. This
Validation is done 2 working days maximum after confirmation, except for particular difficulties. The
requests will be forwarded by LuneoCloud to the registry or the supervisory authority. It belongs to the
customer to regularly check the availability or not of the domain names
which availability cannot be established in real time by the data banks,
especially those of the “Whois”. LuneoCloud is not responsible in any way for the data
contained in the Whois database or any equivalent database, nor of their
updates. In the event that LuneoCloud is unable to provide the service
ordered by the customer (change of registrar, owner…) due to a
failure of the customer, regardless of the nature (provision of supporting documents, correction of
wrong information …), LuneoCloud reserves the right to cancel the order. The Client
declares the information provided to LuneoCloud to be accurate and releases it from any
verification on this point. In the event of a change in any of the data previously provided, the user undertakes to
transmitted at the time of registration or renewal of a domain name, to notify to
LuneoCloud of this change within two working days of its occurrence, by
e-mail to the following address: [email protected] , or through its
customer area. LuneoCloud reserves the right to suspend at any time the domain name of which
the coordinates would appear to be false.

Operation

The LuneoCloud platform is accessible to the public via the Internet worldwide.
LuneoCloud guarantees access to the website under conditions of reasonable traffic and
access to email boxes under normal usage conditions.

DDOS attacks

LuneoCloud also reserves the right to block the customer’s user account or access to the
website, if its usage behavior or the behavior of users of the website
(such as a large number of simultaneous accesses to the customer’s website with a
DDOS*) interferes in any way with the operation of the service, or the customer’s website.
LuneoCloud informs the customer of the necessary blocking, respectively carried out (as far as
possible depending on the resources of the company and the concrete circumstances) beforehand, or as soon as it has taken effect. Article 323-2 of the penal code: The fact of hindering or distorting the functioning of an automated data processing system is punishable by five years of imprisonment and
75,000 euros fine.

Definitions

User: Internet user connecting, using the above-mentioned site. Personal information: “the
information that allows, in any form whatsoever, directly or not, the identification
of the natural persons to whom they apply” (article 4 of the law n° 78-17 of January 6
1978).

CONDITIONS GÉNÉRALES DE VENTE

Objects & contracts

These General Terms and Conditions of Sale and Use govern the framework in which
LuneoCloud provides the Customer with the service to which the Customer has subscribed. These Terms and Conditions
The terms and conditions of sale and use are governed by French law. (Art 15) These Terms and Conditions
General Terms and Conditions of Sale and Use may be supplemented by Special Terms and Conditions. The
creation of a customer account on LuneoCloud implies full understanding and acceptance by the
customer of the present General Terms and Conditions of Sale and Use. No tolerance on the part of
LuneoCloud in the execution of the present general terms and conditions of sale and use shall not
be construed as a waiver of any term hereof or of the Special Conditions
applicable. Pursuant to Articles 1316 et seq. of the Civil Code and, where applicable, Article
L.110-3 of the French Commercial Code, the parties declare that the information indicated on the
and the present general terms and conditions of sale are binding between the parties.

General conditions of use of the site and the services offered

The use of the luneocloud.com website implies full acceptance of the terms and conditions
general conditions of use described below. These terms of use are subject to change
modified or completed at any time, users of the luneocloud.com website are therefore invited to
consult them on a regular basis. The luneocloud.com website can be updated at any time, from
same as for these conditions.

Definitions and parts

LuneoCloud: Owner, publisher and full provider of the services covered by this contract
and made available to the customer. Client: Natural or legal person holding a customer account,
user (or not) of one (or more) of the services offered by LuneoCloud.

Registration

Once a person has successfully completed the account creation form on the
of registration, it automatically accepts the present conditions (GCU and GTC), it then becomes
account holder. The customer agrees to provide proof of identity and contact information
by providing supporting documents (identity card, passport, etc.). Following the creation of
of the Customer’s Account, the Customer will receive an e-mail acknowledging the opening of the
his account containing the information necessary to connect to his account. The client authorizes
LuneoCloud to collect personal data and use them in accordance with the law.
LuneoCloud privacy policy. If the customer is under 18 years of age, he/she certifies on
the honor to benefit fully from the agreement of at least one of his legal guardians before
to open an account on LuneoCloud. His/her legal guardian then fully authorizes LuneoCloud to
to collect and use personal data in accordance with the privacy policy
of LuneoCloud. The customer may request all of his or her data from LuneoCloud at any time in order to ensure portability. LuneoCloud reserves the right to carry out verifications
identity documents at any time by requesting administrative documents (proof of
residence, identity card…). In the event that the Customer intentionally provides information
false, inaccurate, outdated or incomplete identification information, LuneoCloud may result in the
immediate suspension of the Customer’s service(s), without notice. A minor may open an account
customer at LuneoCloud under the strict condition that he has the explicit agreement of his managers
legal. As a result, LuneoCloud cannot be held responsible for purchases made by a
minor.

Duration and renewal of the contract

Services are automatically renewed for an indefinite period, unless you have made
a request for cancellation. If the renewal price is not paid before the expiry of the
of the customer’s services, LuneoCloud will not be able to renew them. The customer will be alerted by email.
LuneoCloud will permanently delete the customer’s data after 7 days in case of
of unpaid bills from the renewal anniversary date.
Invoice generation: 14 days before the due date of the service.
1st payment reminder: 7 days before the due date of the service.
1st reminder of unpaid bills: 1 day after the due date of the service.
Suspension of service: 0 days after the due date of the service.
10% late fee: 2 days after suspension of service.
Termination of service: 7 days after the expiration date of the service.
Any request for renewal after the expiration of a domain name may result in
delays in the effective launch of the service as well as costs. The customer acknowledges the right to
LuneoCloud to modify the price of the renewal of its purchased domain, corresponding to the
currency fluctuations (Euro / Dollars; Euro / Pound Sterling; Euro / Swiss Franc …).
LuneoCloud reserves the right to terminate the contract on its expiration date if it considers that the contract
can be detrimental to the proper functioning of its structure.

Right of withdrawal and refund

According to the article L.121-28 of the code of consumption, the customer expressly renounces to exercise
his right of withdrawal. LuneoCloud, grants the right to a full refund
within 14 days after the order. Beyond this period, the customer will not be able to claim any
reimbursement. To receive a refund, the customer must contact LuneoCloud by ticket
only. In case of refunds you agree that these will be made in the form of a credit note.
LuneoCloud does not reimburse in any case by the means of payment used in the case of the
approach above. Domain names are neither refundable nor exchangeable, regardless of the type of
the situation encountered. The customer will not be entitled to any refund from
LuneoCloud in case of misuse of the product or following a suspension of service.

Right of withdrawal and refund for the purchase of a domain name

Insofar as the choice of a domain name by the customer is specific to him, both because of the name
that of the chosen extension, the customer acknowledges that this domain name constitutes a good
made to measure or at least clearly personalized. Therefore, the client does not
has no right of withdrawal under the contract, in accordance with Article L121-21-8 3 °.
of the consumer code

Customer's responsibility

The customer is solely responsible for the content hosted on the services made available by LuneoCloud,
he/she undertakes to defend LuneoCloud at his/her own expense in the event that the latter should be the object of
of an action in claim, relative to the data, information, messages etc…., and to take to its
the compensation due for any loss suffered, provided that it has all the necessary means to do so.
freedom to compromise and conduct the procedure. The Client declares that he fully accepts all the terms and conditions
legal obligations arising from the ownership of its services. LuneoCloud cannot be searched
nor be troubled in this regard for any reason whatsoever, including violation of any law or
regulations applicable to Customer’s services. The client agrees to respect the people who
work at LuneoCloud. In the event of non-compliance, the client will no longer be eligible for assistance from the
share LuneoCloud via support. The customer is also exposed to the suspension of his
services without notice or formality. In the case where the customer calls upon various people for the
financing of its services, only the customer remains the owner of the service. The customer agrees not to
not use the service’s features to send large numbers of messages (SPAM), to
people who do not wish to receive them or to wrong addresses. As such, LuneoCloud is
reserves the right to implement software tools on the service concerned to prevent these
practices. The Customer undertakes to put in place the necessary means of backup to ensure the continuity of
of its activity. The Customer is solely responsible for the use of his or her password and agrees to keep it confidential.
to keep it secret and not to disclose it. LuneoCloud is in no way responsible for the loss of
password and hacking. In this case, the customer undertakes to make the necessary arrangements within
as soon as possible.

Availability of services

LuneoCloud will inform the customer within a reasonable period of time of the
If the service is interrupted, the customer will have to make the necessary arrangements. The Customer declares and
guarantees that it is fully aware of the characteristics and constraints of the Internet, and in particular that
data and information transmissions over the Internet are only as reliable as the information they contain.
relative technique. These circulate on heterogeneous networks with different characteristics and capacities
various techniques, which disrupt access or make it impossible at certain times.
LuneoCloud makes every effort to maintain all its services 7 days a week and 24 hours a day.
hours a day, but is under no obligation to do so. LuneoCloud can therefore interrupt
access, in particular for maintenance and upgrading purposes, or for any other reason
reasons, especially technical ones. LuneoCloud is in no way responsible for these interruptions and
of the consequences that may result for the Customer or any Third Party. LuneoCloud reserves the right to
right to discontinue a service, particularly if the service in question constitutes a danger to the
maintenance of its platform. LuneoCloud disclaims all warranties, express or implied, including
any warranty of value, quality, correspondence to the description, or suitability of the site
LuneoCloud has a special purpose. LuneoCloud does not guarantee that the use or result of
the use of elements available through LuneoCloud or third-party sites will be
correct, accurate, timely, reliable or of any quality. LuneoCloud reserves the right to
block one person from the entire infrastructure in case of a DDOS, for a limited or unlimited time.
LuneoCloud implements a backup service. However, the customer undertakes to
make its own backups. LuneoCloud is under no obligation to make available to the
customer saves them for free.

Hosting service

For hosting offers, all contents are forbidden, whether accessible or not, such as
– Files subject to intellectual property laws and for which the customer does not have the agreement
necessary for the diffusion.
– P2P links whose content is subject to intellectual property laws and for which the customer has not
not the necessary agreement to the diffusion from the author. – Files of an offensive nature,
defamatory, racist, xenophobic (etc…)
– Files inciting to discrimination, to commit any crime.
– The use of VPS servers or dedicated servers to do cryptocurrency mining.
The customer agrees not to include any redirection from his domain (including any type of link)
hypertext links) to sites with illegal content or as indicated above. The sending of
through LuneoCloud services is not limited in the amount of time it takes to receive email.
normal, non-automated use. The sending of electronic mail (email) by
through LuneoCloud services is limited to twenty thousand shipments, to avoid any abuse
(number of emails) per day if any mechanism is used
automated sending. Sending unsolicited mail (SPAM) through the services
LuneoCloud is strictly prohibited and sanctioned. This may result in the immediate closure and
without notice of the account concerned. All bulk email submissions must be
made with the prior consent of the recipients. All email messages from
canvassing are prohibited, whatever the nature of the sender, as long as the recipient does not
has not requested the reception. In all of the above cases, LuneoCloud may interrupt the
contract concerned without notice and without payment of compensation. The customer is the ONLY one
responsible for the content of all information hosted on its account as well as for the
dissemination of this information. Under no circumstances shall LuneoCloud be held responsible for any
breach of French or other laws that the customer may have violated.

Shared web offers

Within the framework of a shared web hosting, the customer commits himself to respect certain rules to
the good of everyone. In order to avoid server saturation, you should not :
– Run any process requiring more than 2.9ghz of CPU resources, more than 32GB of
memory, more than 420 consecutive seconds of CPU usage, or using more than 95% of the
all the resources of a physical server, at any time.
– Run programs in server-side mode on the server. This includes all kinds of
daemons, like IRCD. Run any binary program other than those set to
provided by LuneoCloud.
– Make any use other than POST,GET,OPTIONS,PUT requests necessary for the proper
operation of a website.
– Consume more than 10000pps, at the same time, on the network interface of the hosting server
your site.
– Store or host a file whose unique size is greater than 50GB. Create a directory
containing, alone, more than 20,000 files (this is notably the case of the cache systems
that induce massive writing of small files, saturating and reducing performance
of a hard disk). Use more than 500,000 inodes on a single web hosting space.
– Run software (e.g. eggdrops) that has a connection to an IRC network
(Internet Relay Chat).
– Use the services provided by LuneoCloud as a direct, indirect, or third-party backup solution.
– Web hosting should not be used for anything other than hosting websites or any other type of
related service (such as email). Any other use is prohibited by our terms and conditions.
– The databases serve only the websites of the hosted in the infrastructure
LuneoCloud and must not be subject to any external access. External access is possible for use
development. Developmental use is understood to mean marginal access for the following purposes
a unique IP address of an internet service provider.
– Use all or part of the services made available by LuneoCloud in addition to
accommodation services provided by a third party. Generally, the customer is notified of the
overuse without its site being deactivated. However, LuneoCloud reserves the right to
immediate suspension without notice if it seriously endangers the stability of the
facilities. The subletting of a shared web hosting space is strictly forbidden by
our services. It will be punishable by suspension and destruction of the account concerned.
The hosted person will then be alerted by email. – Only site creators or webmasters can propose
value-added services for their customers. – In no case “the only offer”, web hosting
LuneoCloud’s shared hosting service should not be used as a basis for creating a third-party hosting service, regardless of
whatever its nature, its technical or commercial destination.
– The use of the quota for storage of backups or photos/mass media is prohibited
on all offers except with prior written consent of LuneoCloud.

Service delivery

LuneoCloud will use its best endeavors to deliver the ordered services in a timely manner
maximum of 72 working hours after the payment of the invoice. Factors that can lead to
delays in final delivery beyond the control of LuneoCloud.

Hosted content

LuneoCloud is in no way responsible for the files hosted on its servers, only the customer
being responsible. LuneoCloud does not accept sites with defamatory or pornographic content,
containing illicit data, copyrighted documents, constituting threats or attacks
to good morals and the proper functioning of its servers. LuneoCloud reserves the right to
seek compensation for any damages suffered. LuneoCloud is in no way
responsible for the failures of the files hosted by the customer. In the event of violations of the
LuneoCloud reserves the right to suspend the service in question.

Payments and disputes

The customer agrees to contact LuneoCloud by e-mail ([email protected])
before opening a dispute with a payment or collection company to settle it at
amicably. LuneoCloud reserves the right to charge the customer a €40 processing fee when
the opening of a dispute by the customer with a payment or collection company if he/she did not contact LuneoCloud first. In the event of a stop payment, LuneoCloud reserves the right to charge a handling fee of €40 to the customer, as well as to open
a collection case and/or legal proceedings to recover the funds. In case of
In the event of a dispute, LuneoCloud reserves the right to terminate the customer’s entire service without notice. From
Moreover, if this dispute does not succeed, access to the service(s) will remain restricted and cannot be restored.
service. In the event of a PayPal dispute from a bank, LuneoCloud reserves the right to transcribe
the bank’s handling fee to the client (16€ per transaction). LuneoCloud reserves the right to
use a collection company. The costs of collection will be charged to the customer.

Modification of services

It is reminded that LuneoCloud may terminate or modify the characteristics of its services at any time.
at any time, and without notice for any reason. LuneoCloud reserves the right to
close a free account at any time without reason.

Non-compliance with the contract

LuneoCloud reserves the right to temporarily or permanently suspend or even terminate
the services of the client in case of non-compliance with these conditions. The customer’s account will be
automatically terminated by operation of law without notice, without delay, without any formality and without
LuneoCloud is not liable for any damages. Once registered, the client agrees to act
with diligence to respond to any claims. It will keep LuneoCloud indemnified at all times at
first demand against any action, procedure, complaint, request, lawyer’s fees, expertise,
tax costs, judged sums, damages whatever their origin, direct or indirect,
and any advances made, related to the customer’s failure to comply with any of the
commitments defined herein and/or the use of the Services. LuneoCloud reserves the right to
to terminate without notice the access to the services used by the customer in case of DDOS attack thanks to the
services provided by us.

Modification of the contract

LuneoCloud reserves the right to change these terms and conditions without notice. They are
updated regularly on this same page, it is then up to each one to go and take
knowledge on a regular basis. If the customer does not agree with the update of this
conditions, he will have to send an email to [email protected] but agrees that his account
customer and all related contracts and services be terminated without notice for failure to comply with the
contract.

Support and complaints

If the customer encounters a problem or has any questions, he can contact the support of
LuneoCloud by phone, liveTchat, or tickets. In case of insults and/or harassment,
LuneoCloud reserves the right to temporarily or permanently suspend the customer’s access to
support

Applicable law

All LuneoCloud services, their terms and conditions, the website and its content are
governed by French law, regardless of the place of use. In the event of a dispute, after a failed
The French courts will have exclusive jurisdiction to recognize and handle this dispute.

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