Termes et conditions

Terms of use

Use of the services of ohcastcode.fr, [hereinafter referred to as “OhCast Code”] constitutes agreement to these conditions. You can view our privacy policy here.

Account/email setup in file

We will set up your account after payment is received and we and/or our payment partner(s) have reviewed the order(s) for fraud. It is your responsibility to provide us with an email address that is not @ the domain(s) you are registering under. If there are any concerns about abuse or if we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure that the email address on file is current or up to date at all times. If you have a domain name registered with OhCast Code, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) are correct and up to date. OhCast Code is not responsible for a lapsed registration due to outdated contact information associated with the domain. If you need to verify or change this information, you should contact us by email. Providing false contact information of any kind may result in termination of your account. In dedicated server purchases or high-risk transactions, it will be necessary to provide government-issued identification and possibly a scan of the credit card used for the purchase. If you do not meet these conditions, the order may be considered fraudulent and refused.

Transfers

  1. Our support team will do everything they can to help you move your site to us. However, transfers are provided as a courtesy service and we cannot guarantee the availability, possibility or time required to complete an account transfer. Every hosting company is configured differently and some hosting platforms save data in an incompatible or proprietary format, which can make it extremely difficult or impossible to migrate some or all account data. We will do our best, but in very rare cases we may not be able to assist you with a data transfer from an old host.
  2. Free transfer services are available for 30 days from your registration date and only available if your previous hosting company uses cPanel. If your previous company operated a non-standard control panel, you may be charged a migration fee.

Content

    1. All services provided by OhCast Code may only be used for lawful purposes. The laws of the State of California and the United States of America apply.
    2. The customer agrees to indemnify and hold OhCast Code harmless from any claims resulting from the use of our services.
    3. Using our Services to infringe any copyright or trademark is prohibited. This includes, but is not limited to, unauthorized copying of music, books, photographs or other copyrighted works. Offering to sell any infringing merchandise from a trademark owner will result in immediate termination of your account. Any account found to be in violation of any other copyright will be promptly removed or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe your copyright or trademark is being infringed, please contact us with a valid DMCA request. If the request concerns a licensing issue, we may require additional documentation.
    4. Examples of unacceptable material on all hosting plans include:
IRC Scripts / Bots Proxy Scripts / Anonymizers Pirated Software / Warez (Linking to pirated software is also not allowed.) AutoSurf / PTC / PTS / PPC sites or ad server script / banner campaign scripts IP Scanners Programs Bruteforce / Scripts / Applications Mail Bombers / Spam Scripts File Dump / Mirror Scripts (similar to Rapidshare) Commercial Audio Streaming (more than one or two streams) Escrow / Bank Debentures High Yield Interest Programs (HYIP) or related sites Sites investment (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid System) Sale of any controlled substance without prior proof of the appropriate permit(s) Prime Banks Programs Lottery/Gaming Sites MUD/RPG/ PBBG Hacker-focused sites/archives/programs Sites promoting illegal activities Forums and/or websites that distribute or link to warez/hacked/illegal content Bank debentures/Bank debenture swap programs Scam sites (including but not limited to sites listed on aa419.org and escrow-fraud.com) Mailer Pro Stream or stream live sports events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE , WWF, etc.) Scripts Tell a Friend
    1. Examples of unacceptable hardware on all dedicated servers include:
IRCD (irc servers) IRC Scripts / Bots Pirated Software / Warez IP Scanners Bruteforce Programs / Scripts / Applications Mail Bombers / Spam Scripts Escrow High Yield Interest Programs (HYIP) or Related Sites Investment Sites (FOREX, E-Gold Exchange, Second Life / Linden Exchange, Ponzi, MLM/Pyramid Scheme) Sale of any controlled substance without prior proof of appropriate license(s) Prime Banks Programs Lottery/Gaming sites Hacker focused sites/archives/programs Sites promoting illegal activities Forums and/or websites that distribute or link to warez/hacked/illegal content Bank Debentures/Bank Debenture Swap Schemes Scam sites (including but not limited to sites listed on aa419.org and escrow- fraud.com) Mailer Pro Streaming or broadcasting live sports events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.)
  1. OhCast Code’s services, including all associated equipment, networks and network devices, are provided solely for authorized use by Customer. Space television systems may be monitored for any lawful purpose, including to ensure that use is authorized, for system management, to facilitate protection against unauthorized access and to verify security procedures, survivability and operational security. During the audit, information may be examined, recorded, copied and used for authorized purposes. Use of the OhCast Code system(s) constitutes consent to monitoring for these purposes.
  2. Any account found connecting to a third party network or system without the third party’s authorization is subject to suspension. Access to networks or systems outside of your direct control must be with the express written consent of the third party. OhCast Code may, at its discretion, request and require documentation to prove that access to a third-party network or system is authorized.
  3. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any way may be removed from our servers (or otherwise disabled), with or without notice.
  4. Failure to respond to emails from our Abuse Department within 48 hours may result in suspension or termination of your services. All abuse issues should be handled by Troubleticket/email and will be responded to within 48 hours.
  5. The sites hosted on OhCast Code’s service(s) are governed solely by United States law. In light of this fact, and consistent with Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory content from domains hosted on our Services. The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. OhCast Code is unable to investigate and validate or invalidate the truth of individual defamation claims, therefore we rely on the legal system and courts to determine whether material is indeed considered defamatory . In any case where a court order indicates that the material is defamatory, libelous or slanderous in nature; we will disable access to the material. Likewise, in any case in which a US court has placed an injunction against specified content or material;
  6. The language of Section 230(c) of the Communications Decency Act basically states that Internet service providers like OhCast Code and many other OhCast Code web hosting services and brands are republishers and not publishers of content. Our Service merely provides a hosting platform and a space on which to host Content, and any creation or posting of Content on our Services is the sole responsibility of the third party user who creates or posts the Content. Therefore, OhCast Code shall not be held responsible for any allegedly defamatory, offensive or harassing content posted on sites hosted under OhCast Code’s web hosting service(s).
  7. If you are unsure about the acceptability of your site or service, please contact us and we will be happy to assist you.
  8. Potential harm to minors is strictly prohibited, including but not limited to child pornography or content perceived to be child pornography
  9. Any site found to host child pornography or link to child pornography will be suspended immediately without notice. Resellers: We will suspend the site in question and notify you so that you can cancel the account. We will monitor your activity further; more than one such violation may result in immediate termination of your account. Direct Customers: Your services will be terminated with or without notice.
  10. Violations will be reported to the FBI.
  11. It is your responsibility to ensure that scripts/programs installed under your account are secure and that directory permissions are set correctly, regardless of installation method. Where possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes compromising credentials such as username and password. It is necessary that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits can be carried out to prevent the use of weak passwords. If an audit is carried out and your password is found to be weak, we will notify you and give you time to change/update your password.

Zero tolerance policy for spam

  1. We take a zero-tolerance stance against unsolicited emailing, bulk emailing and spamming. “Safe lists” and purchased lists will be treated as spam. Any user who sends spam will have their account terminated without any refund and without notice. Even if the account sends spam within the first month after starting service with us, the account will be terminated without refund.
  2. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, SPAM sent by fax, telephone, postal mail, email, instant messaging or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account that results in our IP space being blacklisted will be immediately suspended and/or terminated.
  3. OhCast Code reserves the right to require changes to or disable as necessary any website, account, database or other component that does not comply with its established policies, or to make such changes in an emergency to its sole discretion.
  4. OhCast Code reserves the right to charge the account holder used to send any unsolicited email a cleanup fee or any costs incurred for blacklist removal. This cost of cleaning fees is entirely at the discretion of OhCast Code.

Payment information

  1. You agree to provide appropriate payment for services received from OhCast Code, in advance of the period in which such services are provided. You agree that until and unless you notify OhCast Code of your desire to cancel any or all services received, such services will be billed on a recurring basis.
  2. Cancellations must be made online, you can cancel your hosting account or domain account by contacting us.
  3. As a customer of OhCast Code, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree that until and unless you notify OhCast Code of your desire to cancel any or all services received (by the appropriate means listed in the appropriate section of the Terms of Service), such services will be billed on a regular basis. recurring, unless otherwise indicated. in writing by OhCast Code. OhCast Code reserves the right to charge your credit card or billing information on file with us. OhCast Code offers a 14-day grace period from the time the invoice is generated to the time it needs to be paid. Any invoice 14 days past due and unpaid will result in late fees and/or account suspension until the account balance has been paid in full. Late fees are applied in addition to anything owed to OhCast Code for services rendered. Access to the account will not be restored until payment is received.
  4. Domain renewals are billed and renewed 7 days prior to the renewal date. No refunds can be made once the domain is renewed. All domain registrations and renewals are final.
  5. Accounts that are 30 days past due will be automatically deleted from our servers. If you wish to activate an account that is more than 30 days past due, there will be a $25.00 fee to restore your account from backups (if available). Any special prices you had on your old account will not be transferred to the new account, all new accounts will pay the current prices on our website.
  6. Any chargebacks against OhCast Code will result in a $150 chargeback fee.

Backups and data loss

  1. Your use of our backup service is at your own risk. Our backup service runs several times a week, overwrites all our previous backups and multiple backups are kept (daily, weekly, monthly, etc.). This service is provided to you free of charge. OhCast Code is not responsible for any files and/or data residing in your account. You agree to take full responsibility for transferred files and data and to maintain your own backup of files and data stored on OhCast Code’s servers. In some circumstances, we have discovered that some websites are not correctly generating save files on OhCast Code servers. This is usually the result of unusual file permissions on your data. When this happens, OhCast Code will not be responsible for your backups. We strongly recommend that customers download their own backup files in case this situation arises.
  2. OhCast Code’s multiple remote backups are a free bonus we offer to all our customers. We cannot guarantee the integrity of your data. Although we make every effort to protect your data, we make no guarantees and will not be held liable if there is a problem with the integrity of your backup files.

Cancellations and Refunds

  1. OhCast Code reserves the right to cancel, suspend or otherwise restrict access to the account at any time with or without notice. Any abuse of our staff in any medium or format will result in suspension or termination of your services without refund. Customers can cancel at any time by contacting us. OhCast Code gives you an upfront 30-day money-back guarantee on semi-dedicated plans. Dedicated servers have an unconditional 7-day money-back guarantee.
  2. The 30-day money-back guarantee only applies during your first 30 days of service with us. There are no refunds on dedicated servers, administrative fees, installation fees for custom software, dedicated IP addresses or domain name purchases. Only first-time accounts are eligible for our money-back guarantee. For example, if you have previously had an account with us, canceled and re-registered, you will not be eligible for a refund or if you have opened a second account with us. After the first 30 days (your first 30 days of service), no refunds will be issued. If you have set up an automatic payment subscription via Paypal, this can only be canceled by you. If you do not cancel your autopay subscription, we will not be responsible and you will not be entitled to a refund. This is strictly under our customer’s control and we will not be responsible for your subscriptions. Violations of the Terms of Use will result in waiver of the refund policy.

Resource usage

Users cannot:
  1. Run autonomous, unattended server-side processes at any time on the server. This includes all daemons, such as IRCD.
  2. Run any type of web spider or indexer (including Google Cash/AdSpy) on all hosting plans.
  3. Run any software that interfaces with an Internet Relay Chat (IRC) network.
  4. Run any bit torrent app, tracker or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  5. Participate in all file sharing/peer-to-peer activities
  6. Run all game servers like Counter-Strike, Half-Life, Battlefield1942, etc.
  7. Run cron entries with intervals of less than 5 minutes.
  8. Run all MySQL queries longer than 90 seconds. MySQL tables must be indexed appropriately.
  9. Connect their account to a remote database. In other words, if you use one of our hosting plans, you must run your programs from a database located on our servers and not from a remote database.

Bandwidth Usage

  1. You benefit from a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. If your account exceeds the allocated amount, we reserve the right to suspend the account until the next allocation begins, suspend the account until more bandwidth is purchased for an additional fee, suspend the account until you upgrade to a higher package level, terminate the account and/or charge you additional fees for overages. Unused transfer in one month cannot be carried over to the next month.
  2. OhCast Code will not activate new orders or activate new plans for customers who have an outstanding balance with OhCast Code. For a new order to be set up or a new plan to be activated, you must have a balance of $0.00 unless OhCast Code specifies otherwise in writing.

Uptime guarantee

If your server or hosting has physical downtime that is not within the 99.99% uptime, you may receive one month’s credit to your account. Credit approval is at the discretion of OhCast Code based on justification provided. Reports from third-party monitoring services cannot be used for substantiation purposes due to various factors, including monitor network capacity/transit availability. Server uptime is defined as the uptime reported by the operating system and the Apache web server, which may differ from the uptime reported by other individual services. To request credit, please contact us with justification. All requests must be made in writing by email.

Reseller: customer responsibility

Resellers are responsible for supporting their customers. OhCast Code does not provide support to our resellers’ customers. If a reseller’s customer contacts us, we reserve the right to suspend the customer account until the reseller can fulfill its responsibility to its customer. All support requests must be made by the reseller on behalf of its customers for security reasons. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their customers. OhCast Code will hold any reseller responsible for any actions of its customers that violate the law or the terms of service.

Price change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices shown on OhCast Code and the right to increase the amount of resources allocated to plans at any time.

Coupons

Discounts and coupon codes are for new accounts* or customers* only and cannot be used towards the purchase of a domain registration unless otherwise noted. If you registered using a particular domain, you cannot cancel your subscription for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in account suspension or termination.

Compensation

Customer agrees to defend, indemnify, save and hold harmless OhCast Code from and against any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees asserted against OhCast Code, its agents, customers, officers and employees, which may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless OhCast Code against liabilities arising from; (1) any injury to person or property caused by any product sold or otherwise distributed in connection with OhCast Code; (2) any material provided by Customer that infringes or allegedly infringes the proprietary rights of any third party;

Arbitration

By using OhCast Code’s services, you agree to submit to binding arbitration. In the event of a dispute or claim against OhCast Code or its subsidiaries, such disputes will be handled by an arbitrator chosen by OhCast Code. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the State of New Hampshire. The arbitrators will be retired lawyers or judges and will be chosen in accordance with the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s decision is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitrations under this arbitration provision. You are also responsible for all costs associated with any such arbitration.

Warning

OhCast Code will not be responsible for any damages your business may suffer. OhCast Code makes no warranties of any kind, express or implied, for the services we provide. OhCast Code disclaims any warranty, merchantability or fitness for any particular purpose. This includes loss of data resulting from delays, non-delivery, poor delivery and any service interruptions caused by OhCast Code and its employees.

Disclosure to law enforcement

OhCast Code may disclose any information relating to Subscriber to law enforcement agencies without further consent or notification to Subscriber upon lawful request of such agencies. We will cooperate fully with law enforcement agencies.

Changes to the TOS

OhCast Code reserves the right to revise its policies at any time without notice.