This document is not a contract.
This document is a translation of the Contract provided to the Consumer. It is for information purposes only. It does not have any legal value and does not represent a contract in itself. The contracts that have a legal value are the ones written in French, and are provided on the website of the Service. The contracts are regulated by French law. By subscribing to any services provided by Blueshape SAS, the Consumer declares that he has read, understands, and accepts the terms and conditions written in French on the actual Contract. This is the case for the rules of substance as well as for the rules of form, excluding, on the one hand, the rules of conflict provided for by French law, and on the other hand, the provisions of French law which would be contrary to this Agreement.
1.1. The purpose of these special terms, supplemented by any appendices, is to define the technical and financial terms under which Blueshape SAS undertakes to host the Client's website(s) on its platform as part of the Blueshape APM service (hereinafter referred to as the “Service”).
1.2. These special terms supplement the General terms of Service in force. In the event of a contradiction between these special terms and the general terms, the special terms will prevail.
2.1. As part of the Service, Blueshape SAS provides the Customer with a SaaS-type Solution allowing the posting and editing of a website.
2.2. Before choosing and using the Service, it is the Customer's responsibility to carefully study functionalities available and to ensure that the characteristics of the Solution correspond to his needs.
2.3. Throughout the duration of the subscription, Blueshape SAS provides the Customer with a Management Interface allowing him to manage the Service.
2.4. The Customer expressly acknowledges that Blueshape SAS does not participate in the design, development, production and implementation of the Customer's website. Blueshape SAS only provides access to the Solution.
2.5. The Client expressly acknowledges that subscribing to the Service does not commit Blueshape SAS to assisting him in his use of the Solution.
2.6. It is the Client's responsibility to take all necessary measures to safeguard their Data in order to be able to restore them in the event of loss or deterioration within the framework of the Services.
2.7. The Blueshape APM Service is exclusively reserved for professionals. The Customer using the Service declares that he is not a consumer as defined by the French Hamon Law (Loi Hamon) from 2014 as “any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity” (Hamon Law from 2014, France).
3.1. The Customer subscribes to the Online Service on the Website www.20kHz.io.
3.2. The access codes and generic keys provided by Blueshape SAS as part of the provision of the Service are not intended to be used permanently. It is up to the Customer to modify them as soon as possible after their receipt, respecting the rules of the art in terms of security and confidentiality of the means of authentication.
4.1. Blueshape SAS undertakes to provide all the care and diligence necessary to provide a service quality in accordance with the practices of the profession. Due to the high technicality of the Solution, Blueshape SAS is only subject to an obligation of means.
4.2. Dans ce cadre, Blueshape SAS s'engage à :
- Inform the Customer when it is possible, within a reasonable time, by e-mail and/or via the website www.20kHz.io of a possible interruption of service, in order that the Customer makes his arrangements.
- Intervene quickly in the event of an incident.
- Ensure that the quality of its tools is maintained at the highest level.
- In the event of a serious incident affecting the proper functioning of the Service, Blueshape SAS will endeavor to take all necessary measures to maintain the Service. To this end, Blueshape SAS may switch the Service to a new hosting platform for the duration of the incident or maintenance. During this period, the Customer acknowledges and accepts that the performance of the Service may be partially degraded and that the Service may be temporarily inaccessible without giving rise to the right to repair.
4.3. Blueshape SAS does not guarantee that the Solution is free from any faults or hazards but undertakes exclusively to remedy, with all reasonable diligence, the malfunctions observed. This guarantee of conformity cannot be extended to a guarantee of conformity to the specific needs or the specific activity of a Customer. Blueshape SAS does not guarantee the ability of the Solution to achieve objectives or results that the Client would have set and/or to perform specific tasks that would have motivated him in his decision to take out a Subscription.
4.4. Blueshape SAS cannot be held liable for any loss or damage resulting directly or indirectly from the Customer's misuse of the Solution.
4.5. The Customer expressly acknowledges that Blueshape SAS will remain free in all circumstances to determine its update and maintenance policy. Consequently, Blueshape SAS may, without constraint, design, organize and size the Solution, modify it and develop it, if necessary, with the partners and suppliers of its choice without the Customer's prior written consent.
4.6. Blueshape SAS undertakes, throughout the duration of these T&Cs, to regularly inform the Customer of any useful element of which it may become aware.
5.1. Prerequisites
5.1.1. The Service allows access to the website(s) hosted hereunder (hereinafter "Client's Website(s)") under the conditions of reasonable use given the characteristics of the Service.
5.1.2. Before using the Services, it is the Customer's responsibility to read all their characteristics and in particular these special conditions, and to validate that these conditions correspond to his needs, taking into account, among other things, his activities and his analysis of risk. The Customer is responsible for the use he makes of the Service.
5.1.3. The Customer undertakes not to use the Service in a way that is detrimental to other customers of Blueshape SAS. In particular, he undertakes not to make intensive use of the public bandwidth from which he benefits. In such a case, Blueshape SAS reserves the right to apply limitations to the hosting of the Customer's Website without prejudice to the right of Blueshape SAS to terminate the Contract under the conditions provided for in the article "Termination for breach" of the General Conditions of Service and to seek compensation for the damage suffered.
5.1.4. The Client confirms that he has all the technical knowledge necessary to ensure correct administration of the Solution made available to him by Blueshape SAS within the framework of the Services and to ensure the continuity of the data stored on said resources, in particular through the backup operations.
5.1.5. The Customer also undertakes to read the documentation made available to him by Blueshape SAS and relating to the Services.
5.1.6. The Customer must have an Internet connection to connect to the Management Interface and access the Services, and remains solely responsible for said Internet connection, in particular its availability, reliability and security.
5.2. General
5.2.1. The resources made available to the Customer remain the exclusive property of Blueshape SAS.
5.2.2. The Customer, solely responsible for the content of the Customer's Website, undertakes to respect and use the Service in compliance with the legal and regulatory provisions in force applicable to the Customer's Websites and to redirections to other websites from the Customer's Websites. The prohibitions set out under this article are examples mentioned on a non-exhaustive basis.
5.2.3. The Customer undertakes not to create racist or illegal sites and those with hypertext links to this type of site are prohibited on the Blueshape SAS Service. Any such site may be suspended as of right.
5.2.4. The Customer undertakes not to create pornographic sites via the Solution. Any such site may be suspended as of right.
5.2.5. Similarly, the Customer shall refrain from any creation of a site relating to any proselytism relating to sectarian movements or considered as representing a sectarian risk for State services, or recognized as such by a court decision having authority. It also undertakes not to redirect to this type of site.
5.2.6. The Customer undertakes to respect the rights of third parties and other intellectual property rights. The Customer is prohibited in particular within the framework or from the Service to make available to the public through the intermediary of the sites created via the Service, files or links of the hypertext type in violation in particular of intellectual property rights, to put in place of unbridging services whose purpose is to allow downloading in large quantities on file hosting platforms, and more generally any contentious activity or behavior such as traffic exchanges (Hitleap, Jingling, etc.), Black Hat SEO ( Download, Reupload of videos on online video platforms, etc., Crypto-currency mining, Video game bots, etc.
5.2.7. The Customer therefore declares to fully accept all the legal obligations arising from the ownership of its services, Blueshape SAS cannot be sought or worried in this regard for any reason whatsoever, in particular in the event of violation of the legislative or regulatory provisions applicable to the Client’s services. The Customer declares to have obtained all the necessary authorizations in terms of copyright, in particular from copyright distribution companies that would be required. The Customer agrees to include on the web pages of its website the identity and address of the owner or author of the web pages and to make all requests necessary for the creation of its website, in accordance with the legislation in force.
5.2.8. The Customer has the status of host within the meaning of the provisions of article 6-I-2 of the French law for confidence in the digital economy of June 21, 2004 (6-I-2 de la loi pour la confiance dans l'économie numérique du 21 juin 2004) in the sense that "it ensures, even free of charge, for making available to the public through online public communication services, the storage of signals, writings, images, sounds or messages of any kind provided by recipients of these services” (« qu'il assure, même à titre gratuit, pour mise à disposition du public par des services de communication au public en ligne, le stockage de signaux, d'écrits, d'images, de sons ou de messages de toute nature fournis par des destinataires de ces services »). Blueshape SAS only provides Customer access to the Services allowing the latter to store their data.
5.2.9. It is up to the Customer to take all the technical measures allowing the identification of anyone who has contributed to the creation of the Content or one of the Contents of the services of which the Customer is a provider and this in accordance with the legislation in force, and in particular the decree n° 2011-219 of February 25, 2011 relating to the conservation and communication of data allowing the identification of any person having contributed to the creation of Content put online (décret n° 2011-219 du 25 février 2011 relatif à la conservation et à la communication des données permettant d'identifier toute personne ayant contribué à la création d'un Contenu mis en ligne), providing for a retention period of 12 months.
5.2.10. The Customer undertakes never to create with the Solution a Website representing one or more Artists, Groups, or any entity that he is not expressly authorized to represent.
5.2.11. The Client undertakes never to create with the Solution a Website using in its URL one or more names of Artists, Groups, or any entity that it is not expressly authorized to represent.
5.2.12. The Customer undertakes never to create with the Solution a Website mentioning a person, a group of people, or an entity that he is not expressly authorized to represent.
5.2.13. The Customer acknowledges that Blueshape SAS reserves the right to suspend the Services without notice and to immediately and automatically terminate the Contract, without prejudice to the right to any damages that Blueshape SAS may claim. The Customer may not claim any form of compensation from Blueshape SAS.
6.1. The Customer expressly acknowledges that the domain name www.20kHz.io is the property of Blueshape SAS and that the URL assigned to it as part of its subscription to the Service remains the property of Blueshape SAS. Thus, if the customer terminates the service, a URL previously assigned to him may be assigned to another Customer of Blueshape SAS and this at the sole discretion of Blueshape SAS.
6.2. As Blueshape SAS owns the domain name www.20kHz.io and all resulting URLs, Blueshape SAS reserves the right to reassign any URL to any Customer for any reason.
This article describes the cookies and tracers used in the context of providing the Service.
7.1. Cookies and plotters
As part of the provision of the Service, cookies and plotters may be used, in particular to ensure the proper functioning of the websites hosted as part of the Service. The list of these cookies and trackers, as well as their purpose and conditions of use (data concerned, duration, etc.) are detailed on the Site www.20kHz.io.