Terms and conditions for "Partners"

Amendment: 02/08/2011

Article 1 : Hosting contract

• Are included in the hosting : 60 GB of disk space, 40 GB of backup space, unlimited e-mail addresses, unlimited distinct FTP accounts for the updating of the site, unlimited MySQL databases, CGI (Perl&PHP) scripts, FrontPage 2000 extensions (upon demand) as well as the initial installation of the domain on our servers.
• The monthly traffic generated by the website is unlimited.
• Using CGI (Perl, PHP, or other) must remain in an acceptable range for the concerned server's configuration. Infomaniak Network SA does not tolerate any script using more than 96Mb memory when being used, nor of a length of more than 10 seconds (the basic version of vBulletin 2.2.1, phpNuke 5.3.1, phpBB 2.0.3 and PHP Forge 2.3 have been tested with success and have not been disrupted by this limitation) Infomaniak Network SA reserves the right to suppress any script that does not respect the mentioned instructions. Access to the following PHP functions is deactivated for security reasons: passthru(), set_time_limit(), popen(), exec(), shell_exec(), system() and proc_open().
• MySQL database access will only be possible through the web server itself. There will be no possible access (via ODBC or Access) from the outside. Dedicated connexions are not possible.
• Resources usage must respect the mutual frame of our services and any abusive use may lead to an anticipated termination.
• The annual domain name renting fees are not included (except if it is a domain ending by .ch, .li, .com, .net, .org, .info, .fr, .be, .biz, .us, name and that the option « Taking care of the domain by Infomaniak » has been specified; only 1 domain per contract).
• The disk space provided must only be used to publish information on Internet (backup/saving/filing of private or professional data will not be tolerated, except on specific backup space).
• It is strictly forbidden to call scripts or sheets on the space put at your disposal from IRC bots (to store lists of connected users, for example).

Article 2 : Electronic mail

• Electronic mail is not submitted to the disk space quota mentioned above and there is no maximum authorized size for e-mails. Yet, messages older than 12 months will be automatically cancelled from our installations if left in inbox, or kept indefinitely if stored in subfolders (except for the messages that can be found in the Webmail files "Cancelled messages" and "Spam"; they are automatically cancelled every 15 days).
• Each definite e-mail address must be consulted at least once every 6 months or must be redirected on another consulted address in order to remain valid.
• The maximum number of non-read messages per definite electronic address (for which no other POP, IMAP or Webmail connexion has been noted within the past 3 month, and which is therefore unused) cannot exceed 15'000. Above this number, the reception box is automatically purged.

Article 3 : Length of the contract

The hosting contract is concluded for a minimum of 12 months. It is tacitly renewed from one year to the next unless it had been terminated either by registered mail, or by fax with a one-month notice before the deadline.

Article 4 : Validity of the contract

Once you have read these terms and conditions and ticked the bottom of the page, this means that you accept the terms and conditions and accept the domain name as given on the reservation form intended for this purpose.

Article 5 : Transfer of a domain name

"Transfer of a domain name" does not mean the transfer of the effective property of a using right but the technical transfer of the provider (DNS change). The client asserts himself owner of this using right when he demands the transfer of a domain name or when being appointed by the above-named owner. Infomaniak Network SA will carry out all necessary formalities or will guide the client in accomplishing them. The customer is however informed that only the person named as administrative contact may validate this transfer. Infomaniak Network cannot be considered responsible if the domain name cannot be transferred or if unavoidable delays result, since this impossibility does not always invalidate the hosting contract. Infomaniak Network SA is therefore only under an obligation of means.

Article 6 : " Sub-hosting "

You manage as many hosted sites as you like, provided a minimum of five contracts are managed simultaneously at Infomaniak Network SA at the end of the first year of your partnership, failing which the status of “partner” will be revoked and the hosted sites will be billed at the current price for the general public. It is strictly forbidden to have a different domain name redirected straight to a sub-directory on a hosted site.

By virtue of your partnership contract with Infomaniak Network SA, you are free to conclude your own contract binding you and your customer, provided, as a minimum, the obligations listed in our terms and conditions are applied and are included there one way or another.

Unless otherwise specifically agreed and put in writing by Infomaniak Network SA, the contract concluded with a customer, who was acquired using the system for requests for quotes at Infomaniak Network SA, must be performed in partnership with Infomaniak Network SA, which involves using our servers for the website and/or the email service and/or streaming/VOD services. If you have any data that have been obtained in this way, whatever they may be, for use at a third-party provider, you are risking the immediate termination of all the services contracted with Infomaniak Network SA.

Article 7 : Invoice payment

• Invoices are issued for the 12 months to come, and are due for payment within 30 days. We do not send postal reminders or become involved in other collection charges.
  
• 15 days after the due date of each invoice, an email is sent to the email address of the contract contact, as well as a SMS if a mobile telephone number has been provided to us. 30 days after the due date of an unpaid invoice (irrespective of the amount due), the account will be automatically blocked (email, web, ftp, etc). In the absence of meaningful contact with the client within 60 days after the invoice due date, the account will be terminated and all the relevant data will be irrevocably destroyed, without any compensation or damages claimable by the client. 
• The release of an account that would have been blocked, following an unpaid invoice, will only be possible after reception of the proof of the electronic payment (confirmation of our bank, online payment by credit card, .). No other payment indication will be taken in account.
• The electronic mail address of the contact mentioned on the contract is very important. It is essential to understand that this address will receive all invoices and deadlines.
  

Article 8 : Prohibited activities

It is contrary to the line of conduct of Infomaniak Network SA, that the user of the hosting carries out or participates directly or indirectly to one of the following activities, through Infomaniak Network SA :

• Sending massive electronic mail to persons who do not wish to receive it ("junk mail" or "Spam"). Therefore, any electronic mail not wanted by the addressee is strictly forbidden. Should a user lodge an acknowledged complaint for spamming, this will lead to the hosting contract's termination. A complaint is acknowledged when the sender of the message is unable to prove that the plaintiff has voluntarily subscribed to it. To buy a list of email addresses is strictly prohibited. The spam realised through badly configurated scripts present on the website of the client and allowing access of address functionalities from the outside is also included.
• Posting a message within one or several discussion groups (newsgroup or usenet) with a content that isn't related to the theme of these groups.
• Non respect of the copyright.
• Falsifying data that is given concerning a user of Infomaniak Network SA services.
• Undertaking any other activity violating the law and threatening the integrity of a computerized system or violating the rules of behaviour usually accepted on Internet.
• Penetrating or trying to penetrate in an unauthorized manner in a computerized system.
  

Article 9 : Termination

Premature termination by the partner is possible at any time, by email or fax, specifying the exact day required for deactivation of the contract. This termination shall not entail any reimbursement and outstanding invoices shall remain in their entirety. Once the contract has been terminated, web pages, images and email will be destroyed irretrievably.

Premature termination on the part of Infomaniak Network SA is possible when one of the clauses in this contract is not observed or no longer observed, without prior warning, without compensation and without the customer recovering the data or other specific arrangement.

Article 10 : In case of force majeure and immediate contact with the customer

Infomaniak Network SA does not have any contact with the customer and will refuse to reply if the customer contacts us directly. However, should the customer fail to reach the partner who is responsible for their contract and should Infomaniak Network SA also fail to contact the partner within two weeks, using the contact details given on the partner’s admin console (telephone, email), the contract can be transferred directly to the customer.

Article 11 : Rate modification and general conditions

• Any rate modification resulting from an increase linked to third party firms will be announced to the customer, through email, two months before the modification. These eventual increases give the right to an immediate termination of the contract, and the usual one-month notification does not apply; no repayment may be asked.
• 
  The eventual changes or updates of our general conditions may be consulted at any time on the site http://www.infomaniak.ch and are announced through email at the contact address. The client commits himself to consult them in order to stay informed of any eventual changes or updates; they are applicable to all users as soon as they are posted on Infomaniak Network SA's site.

Article 12 : Liabilities

• The customer commits himself to keep a valid postal address as well as a functional email address at all times and consults them regularly. Infomaniak Network SA provides an electronic administrative console that allows to manage this data, under http://admin.infomaniak.ch. Postal boxes must always be provided with the firm's or the contractor's real address (road and number).
• Infomaniak Network SA will exclusively use this email address for any important communication.
• Infomaniak Network SA commits itself for a service availability of 99.9% (except for usual maintenance or exceptional conditions such as earthquake, flooding, fire, .). In case of a longer interruption, Infomaniak Network SA will credit your account for the corresponding length.
• Infomaniak Network SA commits itself to provide the best possible service but Infomaniak Network SA will not be liable in case of technical problems against its will, such as power cut, power breakdown or technical breakdown. The customer will not be able to claim any damages nor repayment resulting from any technical problem encountered.
• Infomaniak Network SA offers a « satisfied or your money back » warranty of 30 days on the hosting service. Infomaniak Network SA will help you in order to resolve any problem, should you still not be satisfied, you may be repaid (you must inform Infomaniak Network SA the latest 30 days following your subscription, the repayment will not include eventual charges resulting from a reservation of a domain name. For transactions made by credit card, please allow a 4 month delay before repayment).
• The client is liable for the use made of the email addresses that Infomaniak SA brings at his disposal.
• Infomaniak Network SA is not liable if the domain name chosen and asked for by the client at Infomaniak Network SA has not been attributed.
• Infomaniak Network SA reserves the right to refuse and/or terminate the hosting of pages that are against its morality or line of conduct. Moreover, if the pages contain material going against Swiss law, the client mentioned in the contract is the only liable person before court. By signing the contract, the client commits himself to repay any outlay or other to Infomaniak Network SA , if the pages hosted by Infomaniak Network SA are recognised accomplice of the illegal acts commited by the client. Indeed, the client is free to use its web space at his convenience but must follow Swiss laws and rules. It is strictly forbidden to publish anything associated to :
• pornography
• any form of eroticism
• pedophilia
• hacked programs
• racism
• Mp3 formats or by-product, submitted to a copyright.
• on-line gambling games (electronic casinos, .)
• Peer to peer software (Kazaa, eDonkey, ...)
• Illegal activities
• Infomaniak Network SA reserves the right to block access, at any time and without prior notice, to any web page that would go against Swiss or International law and that would therefore convey illicit information.
• Infomaniak Network SA may be directly informed through persons appointed at intellectual property rights in the case that these rights have been violated by on line services offered through Infomaniak Network SA. The document may then either be removed or its access denied. Infomaniak Network SA will examine all complaints.
• When Infomaniak Network SA makes a link available, it does not mean that it recommends nor approves it.

Article 13 : Confidentiality

• The Customer acknowledges that because of their relationship with Infomaniak Network SA, both this latter and the Customer may have access to certain products, information or elements relating to the activities of the other party, which may involve customer files, software technologies or any other element which may potentially be confidential and of substantial value to each respective party, and which might possibly lose value if they are disclosed to a third party. Consequently, both the Customer and Infomaniak Network SA accept that they will not use for their own benefit or that of a third party, nor disclose to a third party, any information whatsoever of which they become aware in the course of this contractual relationship, except in the case of a legal obligation (upon judicial injunction for example). Moreover, the Customer and Infomaniak Network SA confirm that they will undertake all appropriate measures to protect the confidentiality of this information.
• If this contract is terminated, this confidentiality agreement will remain in force and any information or element in the possession of either party must be returned to the owner without delay or destruction.

Article 14 : Jurisdiction and applicable right

Any contention with regard to the present contract, its conclusion, its execution or termination is submitted to Swiss law, the jurisdiction is Geneva and all disputes will be settled according to Geneva law with reserve of an appeal at the Lausanne's Federal Court.