Legally represented, registered by and as "ANWAR Muneeb", under the registration number (SIREN) 804 346 989 and designated hereafter under the Commercial Name "OLikeOpen Internet Services", "OLikeOpen France" or simply "OLikeOpen" welcomes you.
These Terms and Conditions are applicable implicitly and explicitly (when you accept these terms during registration) if you use services proposed by OLikeOpen, sold, rent, given, in the exchange of currency or even in a promotional context.
ARTICLE 1: LEGAL INFORMATION ABOUT "OLikeOpen"
OLikeOpen is the trade name of a registered company.
The Legal registered name of the company AND the company owner is ANWAR Muneeb.
The Company is registered in FRANCE as an “Autoentreprise”.
The registration number is 804 346 989.
Because of this status, VAT is not applicable for products sold in France, inside or outside the European Union.
The company is recognized as a Hosting Company and thus can deal with all services EXCEPT providing Internet Access to the End-User (OLikeOpen is NOT an ISP).
ARTICLE 2: SERVICES PROVIDED BY OLikeOpen
OLikeOpen is a Hosting Company providing Virtual Private Servers (Virtual Machines with a static IPv4 address, IPv6 address, Virtual Hard Disk, Dedicated RAM and SWAP, limited or unlimited Bandwidth depending on the plan; all VMs are KVM-based, exception will be notified and given for concerned plans.).
ARTICLE 3: END-USER ACCOUNT ACCESS
The Client “End-User” is the only responsible for protecting the access to his accounts provided by OLikeOpen.
In any case, OLikeOpen will not be responsible for any account “hacking” because of the User’s password weakness.
OLikeOpen will be providing “everything” possible to provide maximum security to protect access the client area, VPS Management Panel, Hosting Control Panel, Domain Control Panel.
Billing Panel, VPS Management Panel and Support Panel are secured websites with TLS Encryption.
OLikeOpen will not be responsible for any data loss because of password weakness or because of security negligence by the Client.
ARTICLE 4: ACCOUNT TERMINATION
While subscribing for a VPS Machine, an account access will be granted to the User to access and use the services. One of the aim of such services is but no limited to, Data Storage; either for real storage, for backup purpose (VPS) or to put files for public access (making websites, shared hosting).
Client is the only responsible for uploaded files; FILES have to be legitimate under the eyes of Client’s main residence’s LOCAL LAW, French Law as files are hosted and stored in FRANCE and the International Law regarding Copyright and intellectual property.
Any file, regardless of extension, considered as ILLEGAL will be DELETED, account access SUSPENDED, concerned Client contacted.
Account can be terminated if servers are used for illegal purposes.
It can also be terminated if any harm is tried to be caused to any of our Node or even the datacenter, such as by spamming.
The legal Copyright holder will be reserving the right to legally sue the Client. OLikeOpen will not be responsible in any of these cases occurring.
ARTICLE 5: VIRTUAL PRIVATE SERVER AND VIRTUAL MACHINES USAGE POLICY
By VPS and VM are designated any machine, virtualized on one of OLikeOpen’s node, with a dedicated static IP.
IP are located in FRANCE (except for personalized services).
OLikeOpen Servers for VPS and VM purposes are ALL located in FRANCE.
Resources are allocated to VPS and VM machines. Some of them are granted of a DEDICATED GUARANTEE.
ARTICLE 5-1: Resources granted of DEDICATED GUARANTEE:
- Processor vCore
- Hard Disk Space
- Monthly Internet Traffic
- IPv4 address allocation
- IPv6 subnet allocation
- Virtualization Technology Type
- Operating System availability
Other resources are based on “best-effort” and will depend on other users usage.
ARTICLE 5-2: VPS PROVISIONNING
VPS and VM servers are automatically generated upon successful payment. When automatic generation hasn't took place because manual intervention is needed, service will be provided within few minutes.
They’re automatically suspended when payment for next term is not received with seven (7) days past due date.
ARTICLE 5-3: LEGAL NOTICE
Client can freely install an operating system which doesn’t require any license OR which license is free of cost.
Operating System requiring paid license (Proprietary) can be install if:
- A trial version is freely available
- Client owns a paid license FOR VPS/Dedicated Server purpose
Any server with OS installed but not following these guidelines can be CANCELLED by OLikeOpen.
DATA uploaded, downloaded and/or stocked on the Server should be respecting laws regarding Copyright.
ARTICLE 6-1: GENERAL CLAUSES
What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Your Access to and Control over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.
All this under the permissibility given by the CNIL (National Commission of IT and Freedoms, FRANCE).
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https"at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
ARTICLE 6-2: SPECIFIC CLAUSES CONCERNING ORDERS AND PAYMENT INFORMATION
In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.
ARTICLE 7: REFUND POLICY
Since OLikeOpen proposes highly customized products;
Since of the instant activation process for provision of virtual machines (VPS);
Since the Client, by accepting the instant activation of the product, refuses the legal cooling-off period of 14 days;
Under article L 121-21-8, 3° and article L121-21-8, 1° of the French Consumer Code;
OLikeOpen does not offer any "Refund" for the first month of the subscription, first month being started once the service is turned to status ACTIVATED.
OLikeOpen CAN refund the integrity of the sum if:
The product is not activated yet after 12 hours of successful payment;
The product is out of stock;
The refund request should be written, sent by opening a ticket in the "Billing Departement" or by post.
If a Client submits a cancellation request within the billing period, the sum refunded will be [total sum paid for the period]-[used time-period of the product]-[25 % of total sum as "within period"cancellation fee].
ARTICLE 8: CONTRACT TERM
Client is considered as being under contract within the billing period. Once initial billing period ended, service can be cancelled without any fee, by keeping the next invoice as unpaid. Client will be again under contract for the next billing period if decides to continue to use services provided.
ARTICLE 9: ACCEPTATION OF THE TERMS OF SERVICES
ARTICLE 9-1: IMPLICIT ACCEPTATION OF THE PRESENT TERMS OF SERVICES
In the case there is no ticking box during registration, by using serivces provided by OLikeOpen, you agree to the present terms and conditions.
ARTICLE 9-2: EXPLICIT ACCEPTATION OF THE PRESENT TERMS OF SERVICES
By ticking the acceptation box while registering and/ordering an OLikeOpen service/product, you agree and digitally sign the present terms of services, TOS acting as a contract between the Client and OLikeOpen.
Any breach of any aspect of the present contract will result in an account suspension and/or termination, determined by the degree of the fault.
ARTICLE 10: CLAUSE OF TERRITORAL COMPETENCE
ARTICLE 10-1: FOR NON-PROFESSIONAL CLIENTS
Any legal matter will have to be brough in front of the Tribunal de Grande Instance, Bobigny, FRANCE for civil matters (non-professionnal client).
ARTICLE 10-2: FOR PROFESSIONAL CLIENTS
Tribunal de Commerce, Bobigny, FRANCE is designated to be competent for legal matters concerning B2B contracts. The present contract, its execution and its cancellation will be observed under the French law.