GENERAL TERMS AND CONDITIONS OF SERVICE

This Agreement is entered into between:


  • The BULLTEN WEB HOSTING SOLUTIONS, 114, Bansi Trade Centre, MG Road Indore MP, India Constructed under the laws of India, will be called or termed as “Bullten”


  • And any person or corporation, individual or professional, private or public, wishing to receive one or more services from BULLTEN WEB HOSTING SOLUTIONS, and here in after called the “Customer”.


DEFINITIONS:

Customer: Person or corporation, signing on to Bullten’s general and specific Agreement terms and conditions in connection with any Service purchased from Bullten.

Customer ID/Email: Customer Account for any Service purchased from Bullten and giving access to the management interface.

Diagnostic: Research undertaken by Bullten at the Customer’s request to identify a malfunction problem of the Service.

Documentation: Bullten makes available to its Customer a set of tools and documentation accessible on Bullten’s website.

Facilities Management: Specific service performed by Bullten at the request of the Customer and billed to the Customer.

Incident: Problem or malfunction encountered with the Service and under the responsibility of Bullten. The following are considered problems which Bullten is liable for: material, network, electrical problems etc.

Management Interface: "Manager" space accessible to the Customer on Bullten’s website upon identification by entering Customer ID and corresponding password.

Bullten Site: Bullten Corporation’s website accessible at www.bullten.eu

Personal Data: Last name, first name, phone number, address, e-mail address, and all other information disclosed by the Customer in the course of its relationship with Bullten as well as any information which may be transmitted by Bullten to the judicial authorities.

Service: Means all the services provided by Bullten in compliance with the Service agreements entered into by the Customer.

Technical Support: Department in charge of advising the Customer regarding the installation and use of the Service by supplying the required documentation.


SECTION 1: Purpose

The Customer acknowledges that they have checked the suitability of the Service to his needs and that they have received from Bullten all the information and advice needed to enter into this agreement knowledgeably and willingly

The purpose of this Agreement is to define the technical conditions of Bullten’s agreement with the Customer

These General Terms and Conditions of Service, to which will be added, as applicable, specific terms and conditions and/or schedules proposed by Bullten, shall be applicable, at the exc lusion of all other terms and conditions, including the terms and conditions of the Customer, to all the Customer’s orders of Service from the Bullten Corporation.

The Bullten services offered gratuitously are also governed by these General Terms and Conditions of Service.


SECTION 2: Bullten’s Obligations

Bullten agrees to use all due care and due dispatch to provide a quality Service in compliance with professional standards and the state of the art. Bullten only has an obligation of means.


SECTION 3: Bullten’s Liability

Bullten shall not be liable in the circumstances described below:

If the performance of this Agreement, or of any of Bullten’s obligations under such Agreement, is barred, limited or disrupted due to a fire, an explosion, a failure in the transmission networks, the collapse of the facilities, an epidemic, an earthquake, a flood, a power failure, a war, an embargo, a statute, an injunction, a request or demand from a government, a strike, a boycott, a withdrawal of authorization from the telecommunications operator, or any other circumstances beyond Bullten’s reasonable control , then Bullten, subject to a prompt notice to the Customer, shall be relieved from performing his obligations within the limits of this inability to act, limitation or disruption, and the customer shall be likewise relieved from performing his obligations to the extent that his obligations pertain to the performance of the obligations thus barred, limited or disrupted, subject to such Party thus affected using its best efforts to avoid or mitigate such failure to perform and to both Parties acting promptly once such causes cease to exist or are eliminated. The Party affected by unforeseeable circumstances shall keep the other Party informed on a regular basis via electronic mail regarding the prognosis of eliminating such unforeseeable circumstances event or of recovering from it.

Should the effects of this Unforeseeable circumstances last more than thirty (30) days, as of the date of notice regarding such event from one Party to the other, the Agreement may be terminated as a matter of right, at the request of one of the Parties, without any right to compensation for either of them.

Bullten shall not be liable the Customer causes, for example:
  • A deterioration of the application.
  • The misuse of the terminals by the Customer or his clientele, a fault, negligence, omission or failure on his part, or non-compliance with the advice given.
  • The disclosure or illegal use of the password confidentially given to the Customer.
  • Fault, negligence or omission of a third party over whom Bullten has no control or supervision power.
  • A request for a temporary or permanent interruption of the Service from a competent administrative or judicial authority, or upon notice from a third party.
  • The total or partial destruction of information transmitted or stored resulting from errors directly or indirectly attributable to the Customer.

The Customer acknowledges that Bullten authorizes other Service users to install their websites and servers in his facilities. Bullten shall not be liable in any way whatsoever for damages, costs or losses incurred by the Customer (or by his own customers) and caused by another Service user’s act, material or failure to act, Bullten’s liability in contract, in tort (including negligence) or by statute, or otherwise, to the Customer (or his own customers), concerning performance or non-performance, as applicable, of any obligation created under this Agreement, with regard to any claim, shall be limited and shall not, in the aggregate, exceed the total fees paid by the Customer to Bullten under this Agreement in the three- (3-) month period immediately preceding the date on which the claim arose. In no event shall Bullten be liable for any lost profits, or any special, indirect, consequential, incidental or punitive damages.

Bullten does not offer any backup for the hosted data. It is therefore the Customer’s responsibility to take all required steps in order to back up his data in the event of a loss or deterioration of such data for any reason whatsoever, including reasons not explicitly mentioned hereunder.

SECTION 4: Customer’s Obligations and Liabilities

The Customer agrees to use his power, authority and capabilities to enter into this Agreement and perform his obligations as provided hereunder.

The Customer agrees to communicate to Bullten his accurate and updated contact information upon the creation of the Customer Account and each time such information is modified.

The Customer is solely and exclusively responsible for the passwords that are required in order to use the Service. Bullten is not responsible for the illegal or fraudulent use of passwords made available to the Customer. The passwords provided are considered confidential. The Customer shall be solely liable, at the exclusion of Bullten, in the event of any suspicion that the passwords provided have been disclosed, whether intentionally or not.

The Customer alone shall bear all the consequences of a malfunction of the Service resulting from the use by his staff or by any other person to whom the Customer has provided his pass word(s). The Customer shall also bear all the consequences resulting from the loss of such password(s).

The Customer hereby agrees to comply with all legal and regulatory requirements in force, and, more specifically, with those pertaining to software, files, freedom and intellectual property, as well as the rights of third parties. The Customer also agrees to take out all required insurance policies from a well-known solvent insurer, in order to cover all damages attributable to the Customer in connection with this Agreement or the performance thereof.

The Customer hereby agrees to inform Bullten within 48 hours of any changes in his situation, and within 24 hours, of any lost passwords.

Whenever contacting Bullten, the Customer agrees to clearly describe his request in compliance with the terms of use.

SECTION 5: Technical Support

5-1 Tools and Documentation provided by Bullten

Bullten makes available to the Customer a set of tools and documentations which are accessible at the following addresses: www.bullten.eu

This page also includes contact information to reach the Bullten staff.

On the same page, Bullten makes available to its Customer:

  • A set of documentation and technical guides, designed to provide a better understanding and an easier use of the Service (“Documentation”),
  • Communication tools to find out about the condition of Bullten’s facilities.

  • Interfaces to view in real time Bullten’s network
  • Contact information to reach Bullten’s Technical Support.
  • An Incident Reporting Form.
  • The Facilities Management’s contact information to obtain complementary services (facilities management, specific intervention …) which will be billed separately.
Preliminary checks:
In the event of Service malfunction, it is the Customer’s responsibility to consult the Documentation and perform the technical tests suggested by Bullten on www.bullten.eu. on in the contact tools available in www.bullten.eu. If the malfunction problem encountered persists, the Customer shall have the responsibility of reporting the Incident to Bullten.


5-2 Incident Reporting Procedure:

In order to report an Incident, the Customer shall complete the form designed for such purpose on the website, then go to the Customer’s Management Interface where earlier tickets of electronic exchanges between the Customer and Bullten may be found.

The Customer shall complete the form at www.bullten.eu. or in www.bullten.eu. and attempt to provide as much information as possible on the problem encountered to help with the Diagnostic.

To this end, the Customer explicitly authorizes Bullten and its staff to connect to the Customer’s Service and to perform any operation required in connection with the Diagnostic, with respect to both the hardware and the software. Bullten reserves the right to reject any intervention in this regard if Bullten notices in its research work that the Customer uses the Service in breach of Bullten’s General and Specific Terms and Conditions or of laws and regulations in force.

All the exchanges between the parties, and more particularly the electronic exchanges and telephone conversations, shall reflect Customer’s assent to Bullten’s intervention.


5-3 Incident Takeover and Development of Diagnostic

Bullten shall, in connection with the Incident reporting procedure, carry out a Diagnostic in order to determine the origin and cause of the malfunction problem. If, during the Diagnostic process, Bullten concludes that the malfunction is an Incident, namely that it is a problem under the responsibility of Bullten, the costs related to the Diagnostic process shall be entirely borne by Bullten, in compliance with the Agreement terms and conditions applicable to the Service.

The Customer agrees to avoid using the Technical Support service in an abusive manner. Bullten reserves the right to refuse to respond to a Customer’s claim if the Customer’s behaviour or the frequency of claims is likely to disrupt the normal operations of the Technical Support service.


5-4 Resolution of Malfunction

At the end of the Diagnostic, Bullten shall inform the Customer on the cause of the malfunction and indicate which technical solutions will be used to resolve the problem encountered.

As previously stated, Bullten only has an obligation of means.


SECTION 6: Term and Renewal of Service
6.1. Term

The Service agreement shall be signed for an indefinite term. Bullten reserves the right to suspend the Service at any time. Bullten shall, to the extent possible, notify in advance the Service users, through a message on the mailing list created in connection with the beta-test, on Bullten’s website or forum, or by any other means Bullten deems necessary.

6.2. Service Renewal

Bullten may possibly not renew its Service at the end of the term. Bullten shall make every effort to inform the Customer beforehand regarding this and shall delete all the data stored by the Customer on the Service. The Customer hereby agrees to recover all his data prior to the end of the Service term.


SECTION 7: Termination, Limitation and Suspension of Service

Breach by the Customer of his obligations as defined hereunder, including all activities specifically barred while using Bullten services and/or any content specifically barred when using Bullten services, and/or likely to result in civil and/or criminal liability and/or likely to prejudice a third party’s rights, shall give rise to Bullten’s right to immediately cut off the cable and/or interrupt the Customer’s services, without any prior demand, and to immediately terminate the Service, as of right, without prejudice to any other damages Bullten may have a right to claim.

At the end of the term of this Service, for any reason whatsoever, Bullten shall entirely delete all the files on the Customer’s Service.

Bullten reserves the right to restrict, limit or suspend its services without prior notice nor indemnity if it appears that the Customer uses the services provided for any activity which violates the terms and conditions of the Agreement with Bullten or the Service objectives.

The Service may also be restricted, limited or suspended when the specific terms and conditions applicable to a type of Service offered by Bullten provide for such sanctions in the event of a breach.

The restriction, limitation or suspension measures shall always be taken in accordance with the seriousness or recurrence of the breach(es), and shall be based on the nature of such breach(es).

The Customer agrees in advance that Bullten may restrict, limit or suspend the Service offered if Bullten receives a notice in that regard from a competent administrative, arbitral or judicial authority, in compliance with the laws and regulations in force.

Either Party may terminate the Agreement, as of right and without indemnity, in the case of an Unforeseeable circumstances event lasting more than thirty (30) days.

Bullten reserves the right to interrupt the Customer’s Service if such Service endangers the maintenance of security or stability on Bullten’s hosting platform. Bullten shall, to the extent possible, give the Customer prior notice regarding such interruption.

Bullten reserves the right to interrupt the Service, as needed, for technical interventions designed to improve its operations, or for maintenance procedures.


SECTION 8: Operating Conditions

The Customer hereby acknowledges that bandwidth fluctuations and problems with the access provider could cause a gap in the services provided by the Bullten Corporation, which it would be unable to resolve.

However, the Service shall be restricted, limited or suspended, as of right, by Bullten:

  • If it seems that the Customer is using the services provided for any activity whatsoever which is not in compliance with these General Terms and Conditions.
  • In compliance with the applicable Specific Terms and Conditions.
  • If Bullten receives a notice in that regard from a competent administrative, arbitral or judicial authority, in compliance with the appropriate applicable laws, or from a third party.
  • If the contact information in the Customer’s account seems to be false, inaccurate or out of date.

SECTION 9: Customer Information and Compliance with Service

The Customer acknowledges that they have checked the suitability of the material and the Service to his needs and has received from Bullten all the information and advice needed to knowingly enter into this agreement.

Bullten reserves the right to monitor compliance with the Service’s terms of use.


SECTION 10: Tolerance

The fact that Bullten fails to invoke one of the General Terms and Conditions of Service and/or tolerates the violation by the other Party of any of the obligations hereunder shall not be construed as a waiver to invoke in the future any of these Terms and Conditions.


SECTION 11: Personal Data

Bullten reminds the Customer that, while providing the Service to the Customer, Bullten may keep some of the Customer’s personal data in compliance with its regulatory and judicial obligations.

Information such as “last name, first name, mailing address, e-mail address, phone numbers, and IP connection addresses” shall be kept by Bullten during the entire term of the Agreement and up to twelve (12) months after the expiration of the Service.

The data transmitted by the Customer shall be kept as long as deemed necessary for evidence purposes. Except as otherwise provided in the Specific Terms and Conditions, Bullten shall not disclose nor sell the Customer’s personal data.

The Customer agrees that his personal data may be stored, handled and transferred by Bullten to its affiliates, who shall only have access to such data in order to perform essential functions in the provision of the Service, all in strict compliance with the Customer’s privacy rights.

The Customer also acknowledges that Bullten may communicate the Customer’s in formation at the request of administrative, regulatory or judicial authorities.


SECTION 12: Amendments

The General and Specific Terms and Conditions online take precedence over the printed General and Specific Terms and Conditions. The parties agree that Bullten may, as of right, bring changes to its Service simply by informing the Customer through an online notice and/or by amending its General Terms and Conditions online. Any amendment or introduction of new options offered shall be posted online on Bullten’s website (www.bullten.eu) or sent via e-mail to the Customer. Notwithstanding the provisions of section 7, the Customer shall then have the right to terminate the Agreement within thirty (30) days of the effective date of such amendments.


SECTION 13: General provisions

13.1 Severability

The invalidity of one of the provisions of the Service Agreement entered into with Bullten, particularly under a law or a regulation or as a result of the final judgment of a court of competent jurisdiction, shall not invalidate the other provisions of such Service Agreement, which will remain in full force and effect.

The Parties shall, in such cases, to the extent possible, replace the invalid provision with a valid provision consistent with the spirit and object of the Agreement’s terms and conditions.

13.2 Headings

The Agreement section headings are inserted solely for reference purposes and do not have any contractual value nor any specific meaning.

13.3 Specific Conditions and Schedules

The Specific Conditions and prospective schedules are incorporated by reference into the General Terms and Conditions of Service and are necessarily incidental thereto. The combination of all these documents is hereunder referred to as the “General Terms and Conditions.”

The Customer may consult on Bullten’s website all the documents incorporated by reference into this Agreement.

Such documents are subject to amendments or updates.

13.4 Communications

The Bullten server’s date and time shall be relied upon as evidence of the exchange of information by e-mail between the Parties. Such information shall be kept by Bullten during the entire term of the contractual relationship between the Parties.

All notices, communications, and demands provided under the General Terms and Conditions shall be deemed to have been validly delivered if they are sent by registered mail, return receipt requested to:

  • In the case of Bullten.
  • In the case of the Customer: at the mailing and/or e-mail address provided to Bullten.
13.5 Advertising and Promotio

Bullten may from time to time, in connection with advertisements, events, seminars, and specialized publications within the professional markets, indicate the services provided to the Customer, on its commercial documents and/or in its annual report.

SECTION 14: Applicable Laws and Jurisdiction

This Agreement, its interpretation, performance, application, validity, and effects shall be subject to the applicable laws in force in the state of Madhya Pradesh, India, which will govern its provisions, in whole or in part.

The Parties hereby agree that all judicial proceedings instituted shall be filed with and heard by the courts having jurisdiction in the State of Madhya Pradesh, India.




SPECIFIC TERMS AND CONDITION

ON THE RENTAL OF A DEDICATED SERVER

SECTION 1: Purpose

The purpose of these Specific Terms and Conditions, which are complementary to BULLTEN’s General Terms and Conditions of Service, is to define the technical and financial terms and conditions pursuant to which BULLTEN agrees to rent and host on its platform the Customer’s dedicated internet server.

The Customer hereby recognizes expressly that BULLTEN shall not participate in any way in the design, development, realization and set-up of the Customer’s website and/or services and of its management and administrative computer tools within the meaning of this agreement.

In the event of a conflict between the General Terms and Conditions and these Specific Terms and Conditions, the latter shall prevail.

SECTION 2: Means

The BULLTEN platform server, where the Customer’s dedicated server will be installed shall be accessible to the public on the internet network via stations connected to the network.

SECTION 3: Technical Support


Technical assistance is made available to the Customer by BULLTEN pursuant to the terms and conditions provided under the General Terms and Conditions of Service.


SECTION 4: Delivery of Service Terms and Conditions


BULLTEN shall inform the Customer by e-mail when the dedicated server becomes available. Invoicing shall begin on the effective date of the online launching of the dedicated server.

The server shall become available within a maximum of 7 days of the effective payment date by the Customer of the purchase order.

The server rented to the Customer shall remain the property of BULLTEN. Any server rented or hosted by BULLTEN has a static IP address. The server shall be hosted on BULLTEN’s server platform.

The Customer is the administrator of the server rented from BULLTEN. He/It may install on his/its own the software applications on the server. He/It is fully responsible for the software installation, and BULLTEN may not be held liable for any server malfunction following such installation.


SECTION 5: Bullten’s Obligations


BULLTEN agrees to use all due care and due dispatch to provide a quality service in compliance with professional standards and the state of the art. BULLTEN agrees to.

5.1. Keep the material in good working condition. In the event of failure of the material rented out to the Customer, BULLTEN agrees to replace any defective parts at its earliest convenience, except in cases where it is not liable for the failure, or of any other intervention which would require an interruption of service beyond the usual replacement wait times. In the latter case, BULLTEN shall immediately notify the Customer.

5.2. Ensure access to the server via internet 24 hours a day, every day of the year. BULLTEN reserves the right to interrupt the server for a technical intervention designed to improve its operation.

5.3. At the customer’s request intervene quickly in the event of a malfunction not resulting from a misuse of the server by the Customer.

5.4. Ensure that its tools are maintained at the highest quality level in compliance with professional rules and standards.


SECTION 6: Bullten’s Liabilities

BULLTEN reserves the right to interrupt the rented server’s internet connection if such server constitutes a danger regarding the maintenance of security on BULLTEN’s hosting platform, whether this is as a result of the piracy of such server, the detection of a flaw in the security system, or the need to update the server.

BULLTEN shall, to the extent possible, notify the Customer in advance and within a reasonable deadline, by informing him/it of the nature and the length of the intervention, in order to enable such Customer to make arrangements in that regard. BULLTEN shall restore the connection as soon as the corrective measures have been completed.

BULLTEN shall not be liable for the content of information, sound, text, images, elements of form, or data accessible on the websites hosted on the Customer’s server, which are transmitted or placed online by the Customer for any reason whatsoever.

BULLTEN shall not be liable in case of a violation, in whole or in part, of an obligation or of a network operators’ flaw in transmission to the internet, especially if it involves its access provider(s).


LIMITED LIABILITY

THE CUSTOMER ACKNOWLEDGES THAT BULLTEN AUTHORIZES OTHER SERVICE USERS TO INSTALL THEIR WEBSITES AND SERVERS IN ITS FACILITIES. BULLTEN SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR DAMAGES, COSTS OR LOSSES INCURRED BY THE CUSTOMER (OR BY THE LATTER’S OWN CUSTOMERS) AND CAUSED BY ANOTHER SERVICE USER’S ACT, MATERIAL OR FAILURE TO ACT. BULLTEN’S LIABILITY IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE) BY STATUTE, OR OTHERWISE, TO THE CUSTOMER (OR THE LATTER’S OWN CUSTOMERS), CONCERNING PERFORMANCE OR NON-PERFORMANCE, AS APPLICABLE, OF ANY OBLIGATION CREATED UNDER THIS AGREEMENT, WITH REGARD TO ANY CLAIM, SHALL BE LIMITED AND SHALL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO BULLTEN UNDER THIS AGREEMENT IN THE THREE- (3-) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE. IN NO EVENT SHALL BULLTEN BE LIABLE FOR ANY LOST PROFITS, OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.

SECTION 7: Customer’s Obligation and Liabilities

7.1 With respect to hosting, the Customer shall remain solely and exclusively responsible the server. It is therefore the Customer’s responsibility to take all the required measures to insure the server. The Customer may either elect to become his/its own insurer or to purchase appropriate insurance. In such cases, the Customer shall not be entitled to request any reimbursement, replacement or compensation whatsoever from BULLTEN for damages or failures to the server.

7.2 The Customer acts as an independent entity and therefore assumes all the risks related to his/its activities. The Customer is solely liable with regard to the use of the services and websites hosted on his/its dedicated server, the content of the information transmitted, posted or collected, including operations and updates, as well as with regard to all files, including address files. The Customer agrees, more specifically, to comply with the rights of third parties, human rights, and intellectual property rights, such as copyrights, patent rights or trademarks. BULLTEN shall therefore not be liable, in any way whatsoever, for the content of information transmitted, posted or collected, used, and updated, as well as for any files, including address files.

BULLTEN alerts the Customer as to the legal consequences that could result from unlawful activities on the server, and disclaims any joint and several liabilities regarding the use of the data made available by the Customer to internet users.

The Customer shall also refrain from any breach or attempted breach activities (such as port scanning, sniffing, spoofing, etc.) while using the server.

In such cases, the Customer shall not be entitled to the reimbursement by BULLTEN of amounts already paid in.

7.3The Customer alone shall bear the consequences of a server malfunction resulting from the use by his/its staff or by any other person to whom the Customer has provided his/its password(s). The Customer shall also bear alone the consequences resulting from the loss of such password(s).

7.4 In order to maintain the security level of the Customer’s server, and of all its servers on its hosting platform, BULLTEN agrees to notify the Customer of the availability of updates for its applications where security flaws have been reported. If these application updates are not carried out at BULLTEN’s request, BULLTEN reserves the right to interrupt the server’s connection to the internet network.

Similarly, in the event BULLTEN detects that a Customer’s computer is subject to piracy, an e-mail shall be sent to such Customer, advising him/it that he/it should use a reinstallation procedure in order to ensure the integrity of his/its server and of the entire hosting platform. The Customer may order such procedure from BULLTEN after backing up all his/its data. While awaiting the computer’s reinstallation, BULLTEN reserves the right to interrupt the server’s connection to the internet network. BULLTEN is not required to transfer the data from the pirated system to the new system; such operation is the Customer’s responsibility. BULLTEN hereby agrees to limit its intervention to the installation of the new system.

7.5 For security reasons, BULLTEN can proceed with the immediate suspension (without notice) of any server on which would be offered paid or free public proxies, such as IRC, VPN, TOR for which BULLTEN have knowledge of misuse, fraudulent or unlawful use.

7.6 The Customer shall take all required measures to ensure the backup of his/its data.

7.7 The Customer shall pay for any license or right to use he/it has agreed to with BULLTEN, or with a third party, failing which, BULLTEN reserves the right to suspend the service without prior notice.

7.8 BULLTEN reserves the right to check the Customer’s compliance with the provisions regarding use of the service.

BULLTEN reserves the right to suspend the service without prior notice, as provided under section 7 of BULLTEN’s general service terms and conditions, in the event the Customer fails to comply with BULLTEN’s specific and general terms and conditions of service and, generally, with all laws and regulations in force, as well as with rights of third parties.

7.9 The Customer is reminded that BULLTEN’s intervention in connection with the contract on a dedicated server is limited to installing the server. BULLTEN only insures in that regard the rental of a specialized infrastructure, without any control whatsoever over the content of the hosted websites or the contractual relationship between the site’s editor and their Web host, an BULLTEN Customer under a dedicated server rental contract. The Customer shall therefore be considered a Web host.

7.10 The Customer acknowledges and agrees to be also subject to the laws applicable in the territory on which the equipment's are installed. Hence, the Customer acknowledges BULLTEN’s right to suspend his service if it is used for a prohibited activity at the place of physical location of the equipment provided by BULLTEN. The Customer also agrees that the same right applies on IP addresses and the Customer acknowledges BULLTEN’s right to suspend an IP if it is used for a prohibited activity at the place of registration of the IP. In the event of such use, BULLTEN may suspend all the IP address of the Customer registered in the same location.

SECTION 8: Bandwidth

Bandwidth: computer data rate in bits per second, and determining the exchange capacity between the server and the BULLTEN network.

BULLTEN guarantees bandwidth up to the rate shown on the BULLTEN site for the concerned range of server.

The bandwidth is no longer guaranteed when the server or servers are used for the following activities:

  • Anonymization service (proxy), CDN service.
  • Storage Platform or file exchange (including but not limited to cyber locker).
  • Downloading platform.
  • Service bypassing limitations imposed by downloading platforms (downloaders).
  • Platform for watching online videos.

In addition, BULLTEN cannot guarantee the bandwidth when the server activity requires an intensive bandwidth use. In this case, BULLTEN will contact the client to explore his consumption in detail.

SECTION 9: Measures Against Spam Sending from BULLTEN Network

BULLTEN is implementing a set of technical measures to fight against the sending for fraudulent e-mails as well of SPAM from its infrastructures.

To this end, BULLTEN performs some verification on the traffic sent from the server used by the client to port 25 (SMTP) on the Internet. The traffic is analyzed by automatic tools

Emails sending are neither filtered nor intercepted but checked with a time lag of a few seconds. These operations are performed in parallel and in sequentially before the emails are sent to the Internet.

Similarly, no operation is performed on the emails sent: BULLTEN does not tag emails, and does not alter in any way the emails sent by the Client. No information is stored by BULLTEN during these operations outside of statistics.

This operation is done regularly and is fully automatic. No human intervention is performed when checking traffic to port 25 (SMTP port).

In the case of the emails sent from a Client’s server identified as spam or fraudulent, BULLTEN will inform the Client by email and will block the SMTP server port.

BULLTEN does not retain any copies of emails sent from the SMTP Server even when identified as spam.

The Customer may request the unblocking of the SMTP port through the management interface.

Any new email identified as spam will result in a new blocking of the SMTP port for a longer time.

From the third blocking, BULLTEN reserves the right to refuse any request to unblock the SMTP port.

SECTION 10: Mitigation (Protection from DOS and DDOS attacks)

BULLTEN is implementing a protection against Denial of Service (DOS) and Distributed Denial of Service (DDOS) computer attacks and provided when made in a massive way. This feature is intended to prevent the Customer’s operations to be inaccessible during the attack.

This object of this feature is to check the traffic to the Customer’s Service and from outside of the BULLTEN network. The illegitimate qualified traffic is then rejected upstream in the Client’s infrastructure, allowing legitimate users to access the Service despite the undergoing cyberattack.

These safeguards do not prevent other computer attacks such as SQL injection, bruteforce, security vulnerabilities’ exploitation etc.

Due to the great complexity of this Protection Service, BULLTEN is not subject to an obligation of means; it is possible that the attack is not detected by the tools in place, and that the tools developed do not prevent the operation of the Service to be interrupted.

Depending on the nature of the attack and its complexity, BULLTEN deploys a protection at different levels of traffic to preserve its infrastructure and the Customer Service.

Mitigation is activated only after the attack is detected by BULLTEN tools, and a minimum of 26 hours. Therefore, until the activation of mitigation, the Service is frontally affected by the attack, which can lead to its unavailability.

As soon as the cyber-attack is identified and mitigation is automatically activated, mitigation cannot be disabled until the end of a 26 hours period.

Throughout the duration of the activation of mitigation, BULLTEN cannot guarantee the availability and accessibility of the Client’s applications but will try to limit the impact of this attack on Customer's Service and on BULLTEN’s Infrastructure.

If, despite the activation of mitigation, the cyber-attack is likely to jeopardize the integrity of the BULLTEN’s or of other BULLTEN customers, BULLTEN will strengthen its protective measures which may cause a degradation of the Customer Service or impact its availability.

Finally, it is possible that some of the data generated by the attack cannot be detected by the BULLTEN equipment and reach the Customer Service. The effectiveness of mitigation also depends on the configuration of the Customer's Service; as such, it is up to them to verify that they have the necessary skills to ensure proper administration.

The mitigation does not exempt the Client to secure its Service, to implement security tools (firewalls ...), to regularly update its system, backup its data or to ensure the security of its computer programs (scripts, codes ...)

SECTION 11: Rates and Invoicing

The rates indicated on BULLTEN’s website do not include applicable taxes.

The rates vary, based on the range of services and the rent term selected by the Customer when ordering. The rate indicated on the purchase order edited by BULLTEN shall represent the total amount to be paid by the Customer.

Because the offer may not be modified once the contract is in effect, the Customer shall be required to determine which offer best suits his/its needs.

The main IPv4 of a dedicated server is included in the server's renting cost and can never be charged for as an independent element of the service.

BULLTEN can offer a number of additional IPv4s, which may or may not be charged for.

Since the growing scarcity of IPv4s in different countries across the world means growing purchase costs, BULLTEN may apply charges to IPv4s that have previously been offered free of charge.

In the case where an IPv4 that had previously been free of charge becomes billable, the client will be offered the choice to either accept the charge, or release the concerned IPv4.

SECTION 11: Week Rental

n the case of a dedicated server rented for one week, the dedicated server is automatically suspended and the data erased completely if the service is not renewed 7 days (6 days, 23 hours, 59 minutes and 59 seconds) after activation of the dedicated Server materialized by the activation email.

This suspension and the deletion of data are immediate and irrevocable.

Some licenses are available for a period of 7 days, but will be billed in the event of a renewal of that dedicated by the Client.

The renewal can only be achieved for period of 1, 3, 6 or 12 months.

Any option purchased by the Client attached to a dedicated se





SPECIFIC TERMS AND CONDITIONS

ON THE RENTAL OF A VIRTUAL PRIVATE SERVER

SECTION 1: Object

BULLTEN shall provide the Virtual Private Server to the Customer and the Customer shall pay for the Virtual Private Server in accordance with these Conditions and the General Conditions. In the event of conflict between these Conditions and the General Conditions, these Conditions shall prevail.



SECTION 2: Means

There are a number of different configurations of Virtual Private Servers as described online at www.bullten.eu. It is the Customer’s responsibility to define in the Order the configuration and the operating system that will best suit their needs and expectations.

SECTION 3: Technical Support


For any malfunction of the Virtual Private Server, the Customer can contact the incident team established by BULLTEN, and whose contact details are available at www.bullten.eu. Similarly, for any technical advice related to the use of the Virtual Private Server, BULLTEN invites users to go to the forum available at www.bullten.eu or to communicate with users through the mailing list dedicated to the Virtual Private Server.


SECTION 4: Terms and Conditions of Service


We provide servers that are well secured and feature the Bullten private network. We provide a Bandwidth of 100MBPS. It lets you connect other usefull devices in a secured and encrypted way through secure network. This maked our servers more efficient and secured.

In consideration for the payment of the Charges by the Customer, BULLTEN shall provide the Customer with a Virtual Private Server on the Host Server, equipped with the dedicated resources (hard disk partitions, RAM and processor) specified in the Order.

Upon acceptance of the Order, BULLTEN shall e-mail the Customer their access codes required to connect to the Virtual Private Server. The Virtual Private Server
provided by BULLTEN has one fixed IP V4 address, localized in accordance with the physical location of the Virtual Private Server.
The Host Server and the Virtual Private Server shall remain the property of BULLTEN at all times.
Concurrently, BULLTEN is responsible for the management of the Infrastructure, and for the administration of the Host Servers on which the Customer's Virtual Private Server is installed, but BULLTEN has no responsibility for the administration of their Customer's Virtual Private Servers and the Customer is solely responsible for the management of their Virtual Private Server.

The Customer attests to having the necessary technical knowledge to appropriately manage a computer server such as the Virtual Private Server as proposed by BULLTEN, as well as performing a backup of their data stored on the Service. The Customer also commits to read the documentation provided by BULLTEN regarding the Virtual Private Server service.

The Customer may install software on the Virtual Private Server at their own risk and BULLTEN accepts no responsibility for any subsequent malfunction of the Virtual Private Server which would result from any such installation by the Customer.

BULLTEN reserves the right to limit, filter, suspend or restrict features and protocols (such as IRC or peer to peer file sharing) of the Virtual Private Server to ensure the security of their infrastructure.

The Customer may modify the configuration of their Virtual Private Server. The Customer may order the configuration they wish to apply to their Virtual Private Server in their Management interface. This modification may take effect a few hours following their order.

In the case of a server of the Virtual Private Server range, BULLTEN will guarantee a bandwidth of up to 100 Mbps (one hundred megabits per second) as long as the traffic of the bandwidth does not exceed the pre-defined set monthly volume of 10TB (ten terabytes). This monthly volume includes both internal BULLTEN traffic and traffic outside of the BULLTEN network. When the monthly traffic volume exceeds the set monthly volume, the bandwidth of the Virtual Private Server will be limited to 1 Mbps until the next monthly renewal date.

The billing conditions applicable to such change of configuration are hereby defined by Section 13.

The Customer acknowledges that BULLTEN cannot guarantee modification requests, as the service is based on virtual technologies.

BULLTEN reserves the right to limit or restrict certain functionalities of the Virtual Private Server in order to guarantee the security of its Infrastructure. BULLTEN will inform the Customer, to the extent possible, of the implementation of such blocking.

The Customer agrees to use the Service in good faith.



SECTION 5: Obligations of BULLTEN

BULLTEN shall provide the Virtual Private Server with reasonable care and skill and in accordance with best industry practices.


BULLTEN agrees to:

5.1 Provide the Infrastructure necessary for the provision of the Virtual Private Server.

5.2 Use its reasonable endeavors to ensure that the Host Server is administered and maintained in good working order; any defect, error or malfunction of the Host Server is remedied as soon as is reasonably practicable, and the Customer is informed immediately if such repair or replacement requires the Virtual Private Server to be suspended for any period.

5.3 Ensure the availability of the Virtual Private Server of the Customer in accordance with the terms of Section 11 hereby. BULLTEN reserves the right to interrupt the Service in order to perform a technical intervention to improve its operation.

5.4 Intervene as soon as is reasonably practicable upon a request for intervention by the Customer in the event of an incident non-consequential to an improper use of the Virtual Private Server by the Customer.

5.4 Intervene as soon as is reasonably practicable upon a request for intervention by the Customer in the event of an incident non-consequential to an improper use of the Virtual Private Server by the Customer.

SECTION 6: Liability of BULLTEN

BULLTEN shall have no liability with regards to:


  • Any negligent act or omission of the Customer, including any failure by the Customer to follow the advice or recommendations of BULLTEN.
  • Breach, infringement or negligent act or omission of a third party of which BULLTEN has no monitoring control.
  • A force majeure act, event, omission, non-event or incident outside BULLTEN’s reasonable control.
  • Access to the Virtual Private Server by a third party without the authority of the Customer.
  • Interruption of the Service for any cause covered in Section 7.
  • Loss of or failure by the Customer to maintain the security of the confidential password(s) provided to the Customer by BULLTEN, or any improper use of any such password(s).
  • General deterioration of the application.
  • Any improper use of terminals by the Customer or the Customer's customers
  • Any partial or total destruction of information transmitted or stored following errors attributable directly or indirectly to the Customer
  • Modification (or attempted modification) of the Infrastructure by the Customer or a third party not authorized by BULLTEN.


BULLTEN reserves the right to suspend the Customer’s access to the Virtual Private Server if the Customer's Virtual Private Server constitutes a danger to the maintenance of the security of the Infrastructure, particularly in cases of piracy of the Customer's Virtual Private Server, where a flaw is detected in the security system.


BULLTEN shall use reasonable endeavors to inform the Customer as reasonably practicable if due to any maintenance, repair or upgrade requirements the Virtual Private Server are to be suspended, such notice to include information about the likely duration of such suspension.


However, in the case of repeated or particularly severe failure, BULLTEN reserves the right not to put the Customer’s Virtual Private Server back in service.


BULLTEN provides the Customer with access to a Virtual Private Server to allow the Customer to store data, materials and other information belonging to the Customer or their customers, and the Customer accepts full responsibility for such data, materials and other information.


BULLTEN accepts no responsibility for any content transmitted, distributed, collected or posted on or through the Customer's Virtual Private Server, or for the operation or updating of any files (including address files) containing such content and, gives no guarantee regarding the security or preservation of such content.


BULLTEN shall bear no responsibility for the failure of any network operators, and the Customer's service providers, to comply in whole or in part with any obligations relating to the operation of the Internet.


BULLTEN does not perform any specific backup operations of the data stored on the Virtual Private Server of the Customer.


It is therefore the responsibility of the Customer to take all the necessary precautions in making sure to perform a backup in case of loss or deterioration of the entrusted data, regardless of the cause, and including but not limited to any data which is not specifically covered hereby


BULLTEN does not provide any warranty related to the consequences of the Service usage by the Customer, notably with regards to the securing and safeguarding of said data.


LIMITED LIABILITY

THE CUSTOMER ACKNOWLEDGES THAT BULLTEN AUTHORIZES OTHER SERVICE USERS TO INSTALL THEIR WEBSITES AND SERVERS IN ITS FACILITIES. BULLTEN SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR DAMAGES, COSTS OR LOSSES INCURRED BY THE CUSTOMER (OR BY THE LATTER’S OWN CUSTOMERS) AND CAUSED BY ANOTHER SERVICE USER’S ACT, MATERIAL OR FAILURE TO ACT. BULLTEN’S LIABILITY IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE) BY STATUTE, OR OTHERWISE, TO THE CUSTOMER (OR THE LATTER’S OWN CUSTOMERS), CONCERNING PERFORMANCE OR NON-PERFORMANCE, AS APPLICABLE, OF ANY OBLIGATION CREATED UNDER THIS AGREEMENT, WITH REGARD TO ANY CLAIM, SHALL BE LIMITED AND SHALL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO BULLTEN UNDER THIS AGREEMENT IN THE THREE- (3-) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE. IN NO EVENT SHALL BULLTEN BE LIABLE FOR ANY LOST PROFITS, OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.


SECTION 7: Customer’s Obligations

7.1 The Customer warrants that it has the power, authority and capacity necessary to enter into this Contract and to observe and perform their obligations under this Contract.

7.2 The Customer shall provide valid contact information (first name, surname, organisation if applicable, mailing address, telephone number, and email address) for any site or sites hosted by the Customer within 72 hours of any request from BULLTEN for such information. BULLTEN reserves the right to suspend the Customer’s Service upon failure to comply by the Customer and BULLTEN’s request can apply to the various websites hosted by the Customer.

7.3 The Customer acts as an independent entity and consequently shall solely bear the risks of their activities. The Customer is solely responsible for the services and Internet sites hosted on their Virtual Private Server, for the content of the information transmitted, broadcasted or collected, for their management and updating, as well as for all files, notably address files.


The Customer is also considered as a hosting provider in accordance with the legal provisions of the country where the private server is hosted, in the sense that “he ensures, even if at no charge and for availability to the public through online communication services, the storage of signals, texts, images, sounds or messages of any nature provided by the recipients of those services”.


In that regard, BULLTEN only ensures access to the Virtual Private Server to the Customer by permitting the storage of the Customer’s data and their clients’ data

7.4 The Customer agrees to ensure that the Content, hypertext links and any activity hosted on or conducted via the Virtual Private Server do not infringe any applicable laws, regulations or the rights of any third parties, including (without limitation) material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party Intellectual Property Rights such as personality rights, copyrights, patent rights, trademarks and other intellectual property right

The Customer may not use the Virtual Private Server for the establishment of unlocking services with the purpose of allowing the downloading of files in large quantities onto the file hosting platforms.

The Customer shall arrange and pay for any license that is required when using third party software on their Virtual Private Server.

BULLTEN can only warn the Customer against the legal consequences which could ensue from conducting illicit activities on the Virtual Private Server, and hold BULLTEN harmless from any joint and several liability with regards to the usage of the data made available to internet users by the Customer.

The same applies if the Customer demonstrably uses spamming over the Internet, which will bring about the interruption of the Service as well as the termination of this agreement without notice. The Customer must also refrain from using the Virtual Private Server to conduct any kind of intrusive activity or intrusion attempt, including but not limited to: port scanning, sniffing, spoofing.

Under these assumptions, BULLTEN reserves the right to immediately cancel the agreement without prejudice to any damages that BULLTEN could be entitled to.


7.5 The Customer shall solely bear the consequences of a malfunction of the Virtual Private Server or any relating losses resulting from any use of the Virtual Private Server by any employee or agent of the Customer or any other person to whom the Customer has provided the confidential password(s) provided to the Customer by BULLTEN. Moreover, the Customer shall solely bear any consequences resulting from the loss of the aforementioned password(s).


7.6 The Customer agrees not to send any unsolicited emails, or SPAM, from their Virtual Private Server. A failure to comply with this provision could result in the suspension of the Virtual Private Server from which the unsolicited emails have been sent and/or the termination of the Contract.


7.7 Anonymization services or public proxy (as VPN, Tor, P2P, IRC) and cardsharing (or equivalent) are not permitted on the Service.


7.8 The virtualization technologies used by BULLTEN for the management of the Customer’s Virtual Private Server shall in no way represent any obligation on the part of BULLTEN to ensure the safeguard of the Customer’s data. All measures necessary to ensure the backup of the Customer’s data remains the exclusive responsibility of the Customer.


7.9 The Customer shall arrange and pay for any license or right to use contracted with BULLTEN. If the Customer fails to comply, BULLTEN reserves the right to suspend the Service without notice.


7.10 BULLTEN reserves the right to inspect the Customer’s usage of the Virtual Private Server in order to verify compliance with these provisions.


BULLTEN reserves the right to suspend the Service without notice, in the Conditions stated in Section 7 of BULLTEN’s Terms of Service, in the event of a failure by the Customer to comply with BULLTEN’s general and special conditions and, in general, to all applicable laws and regulations as well as the rights of third parties.


SECTION 8: Measures for the Prevention of Spamming from BULLTEN'S Network


BULLTEN shall implement a system of technical measures intended to prevent the dispatch of fraudulent emails and spam from its infrastructure.


BULLTEN shall monitor outgoing traffic from the Server towards port 25 (SMTP server) on the internet, which shall involve monitoring traffic by means of automatic tools. The outgoing traffic shall be monitored by BULLTEN with a delay of a few seconds, rather than being filtered or intercepted. These operations shall be conducted by BULLTEN in parallel between the Server and the internet.

BULLTEN shall not conduct any tagging of e-mails, and shall not modify e-mails sent by the Customer in anyway whatsoever. No information shall be stored by BULLTEN during these operations aside from statistical data.

The operation of monitoring outgoing traffic from the Server towards port 25 (SMTP server) on the internet shall be conducted regularly and in a fully-automated manner by BULLTEN and the Customer acknowledges that no human intervention is involved during the monitoring of traffic to port 25 (SMTP port).

In the case of outgoing traffic from the Customer’s server, including e-mails, being identified as spam or fraudulent e-mails, BULLTEN shall inform the Customer by e-mail and block the Server’s SMTP port.

BULLTEN shall not keep any copy of e-mails sent from the Server’s SMTP port, when they are identified as spam.

The Customer may request unblocking of the SMTP port through their management interface.

Any new e-mail identified as spam will entail a new blocking of the SMTP port by BULLTEN for a longer period to be determined at BULLTEN’s reasonable discretion.

On the occurrence of BULLTEN blocking the SMTP port for a third time, BULLTEN reserves the right to deny any new request for the unblocking of the SMTP port.

SECTION 9: Mitigation (protection against DOS and DDOS attacks)


BULLTEN shall implement protection against DOS and DDOS-type (Distributed Denial Of Service) hacking attempts provided that these attacks are conducted in a manner reasonably considered to be serious enough by BULLTEN to warrant such protection. In implementing such protection, BULLTEN shall use reasonable endeavours to ensure that the operation of the Customer’s Services is maintained throughout the duration of a DOS or DDOS attack.

This function involves monitoring the traffic sent to the Customer’s Services from outside BULLTEN’s network. The traffic identified as illegitimate shall then be rejected by BULLTEN prior to reaching the Customer’s infrastructure, thus allowing legitimate users to access the applications offered by the Customer in spite of the attack.

These protection measures shall not apply in the case of attacks such as SQL injection, brute-force, abuse of security flaws or in similar-type attacks.

Given the nature of a potential DOS or DDOS attack and their complexity, BULLTEN shall implement different levels of traffic protection in order to preserve their infrastructure and the Services.

Mitigation of a DOS or DDOS attack is only activated on detection of the attack by BULLTEN’s tools and for a minimum period of 26 hours. Until activation of the mitigation, the Services shall bear the attack directly, which may lead to the temporary unavailability of the Services.

Once the attack is identified and mitigation is automatically activated, mitigation shall not be deactivated prior to the end of the 26-hour period.

While mitigation is activated, BULLTEN shall not guarantee the accessibility of the Customer’s applications but it shall endeavour to limit the impact of a DOS or DDOS attack on the Customer’s Services and on BULLTEN’s infrastructure.

If, in spite of the activation of mitigation, a DOS or DDOS attack is of such a nature as to adversely affect the integrity of BULLTEN’s infrastructure or the infrastructure of the other customers of BULLTEN, BULLTEN shall strengthen its protection measures which may lead to the deterioration of the Customer’s Services or impact its availability for which BULLTEN shall not be liable.

Where part of the traffic generated by a DOS or DDOS attack is not detected by BULLTEN’s equipment and reaches the Customer’s Services, the effectiveness of the mitigation shall also depend on the appropriate configuration of the Customer’s Services. In this regard, the Customer must ensure that it has the adequate resources to administer the configuration of the Customer’s Services properly.

The Customer shall be solely responsible for ensuring it secures its Services, implementing security tools (firewall, etc.), periodically updating their system, backing up their data and for ensuring the security of their software (scripts, codes etc.).

SECTION 10: Glocalization

10.1The choice of data centre or of the location of the Host Server is final and cannot be subsequently amended by the Customer.

10.2 The Customer is subject to the laws applicable in the country where the equipment is installed and the Customer will not use the Virtual Private Server for any purpose or activity except as permitted by such law. If the Customer breaches any of their obligations under this Condition, BULLTEN may at their discretion, suspend the Virtual Private Server until such time as that prohibited activity or use ceases.

10.3 With regard to localised IP addresses, the Customer undertakes to not use the Virtual Private Server in any way that breaches the laws applicable in the country for which the IP address is declared. In the event of such use; BULLTEN may, at their discretion suspend any localised address associated with the Customer.


SECTION 11: Service Level Agreement (SLA)

11.1 The Customer agrees that a Virtual Private Server of the SSD range is not included in the service level agreement defined hereafter.

BULLTEN undertakes to ensure a Monthly Availability Rate of 99.99% for a Virtual Private Server of the Cloud range.

“Monthly Availability Rate” should be understood as the total number of minutes of the considered month minus the number of minutes of downtime during the considered month, divided by the total number of minutes of the considered month.

“Downtime” should be understood as the loss of access to the Virtual Private Server for more than three (3) minutes without any possibility for the Customer to restart said Virtual Private Server, starting from the time the Incident ticket was opened.

The aforementioned service level commitments are undertaken subject to the cases of exclusion mentioned below and under the condition that the Customer cooperates with BULLTEN in the restoration of the Service in case of Downtime

During the incident report and the creation of the ticket, the Customer communicates to BULLTEN any and all information useful for the diagnostic and for BULLTEN’s intervention. The Customer agrees to remain available at all times in order to cooperate with BULLTEN at first request, notably by providing BULLTEN with all complementary information and by performing all necessary tests and verifications. If needed, the Customer gives BULLTEN access to his Management Interface. If the Customer is unavailable or does not cooperate with BULLTEN, the Customer will not be able to benefit from this warranty.

This agreement does not concern in any way the availability of the elements which remain under the Customer’s responsibility, such as software or applications that have been installed and used by the Customer on the Virtual Private Server.

BULLTEN has set up some technical tools to allow the monitoring of the Virtual Private Servers, notably through “PING” requests. This service level agreement is not applicable if BULLTEN is not able to perform the technical operations necessary to monitor Virtual Private Servers due to the configuration of the Customer’s Virtual Private Server.

11.2 If BULLTEN sees that the Virtual Private Server is available and in good functioning order, BULLTEN is free of its contractual obligations with regards to this SLA. However, BULLTEN commits itself to assist the Customer upon request in order to identify the cause of the issues met by the Customer.

If BULLTEN notices some Downtime, BULLTEN finalizes the diagnostic and works at restoring availability in cooperation with the Customer.

11.3 If the service levels defined at paragraph 11.1 are not met, the Customer can, subject to the cases of exclusion listed below, request the following compensation:

  • Failure to comply with the availability rate:

Compensation equal to 5% of the monthly amount paid by the Customer under the month chosen for the elements affected by the Downtime by consecutive one-minute increments of Downtime (beyond the first three (3) consecutive minutes of access loss or connectivity loss) and up to a limit of 100% of said amount billed monthly.

It is expressly agreed that the aforementioned compensation constitutes for the Customer a lump-sum indemnity covering all alleged violations resulting from BULLTEN’s non-compliance with the service commitments concerned; as such, the Customer renounces any other request, claim and/or action.

The compensation is done by way of deduction on the invoice for the month following the reception BULLTEN of the Customer’s request for compensation. The Customer cannot put in a request for the application of the service level agreement further than a month after the closure of the ticket corresponding to the dysfunction that was encountered and for which the Customer would ask a compensation in accordance with the terms of this article.

11.4 The Customer will have no right to make a claim under this section and request the aforementioned compensation in the assumption that the Downtime would result totally or in part from (i) events which are out of BULLTEN’s control, including but not limited to cases of force majeure, act from a third party, problem with an Internet network connection, failure of the Internet network, failure or improper use of hardware or software under the Customer’s control (notably applications executed on the Virtual Private Server), (ii) a failure from the Customer to uphold the obligations incumbent upon them in accordance with this Contract (notably failure to cooperate towards the resolution of the incident), (iii) an improper or inappropriate use of the Service by the Customer (notably an improper use of the Virtual Private Server or the Management Interface, etc.), (iv) a planned maintenance, (v) an interruption occurring under the conditions stated in article 7 of this agreement or (vi) hacking or computer hacking. Under such assumptions, and subject to point (vii), BULLTEN reserves the right to bill the Customer for the intervention performed to re-establish availability if necessary. This is part of an estimate submitted to the Customer for validation.

The causes for the Downtime, and notably the findings of the aforementioned cases of exclusion, are determined by BULLTEN by any means and notably based on elements from BULLTEN’s computer systems (such as connection data) which, by express agreement, are admissible.


SECTION 12: Contract Duration and Service Renewal

By default, the duration of the Service is that which is stated at the time of the order and appearing on the invoice provided by BULLTEN for the Customer’s Service.

The Customer also has the opportunity to pay for the Service in the form of a subscription in accordance with the general Terms of Service. In this case, the Service is available through a subscription for an initial period of one-month renewable by tacit agreement for an identical period.

The Customer also has the opportunity to pay for the Service in the form of a subscription in accordance with the general Terms of Service. In this case, the Service is available through a subscription for an initial period of one-month renewable by tacit agreement for an identical period.

SECTION 13: Prices, Methods of Payment and Billing

The Charges payable by the Customer for the Virtual Private Server depend on the configuration of the Virtual Private Server that the Customer has requested as set out in their Order. The prices for each configuration are as set out on www.bullten.eu from time to time. The prices expressed are not including applicable taxes.

The Customer shall pay BULLTEN the Charges in advance, upon placing the Order, and at the interval(s) specified therein and upon renewal of the Virtual Private Server, by credit card, PayPal or via the BULLTEN account.

The Customer may carry out a change of offer during the billing period which results in the Customer modification to a higher configuration. In such a case, the Customer will be invoiced in accordance with the price applicable to the new configuration as set out on www.bullten.eu from time to time. This invoice will include the additional Charges due for the remainder of the billing period in which the modification occurred and will set out the Charges payable by the Customer thereafter from the date the modification occurred until the date of expiry of this contract.

If the Customer’s BULLTEN account is in credit for an amount higher or equal to the amount invoiced for the modification, then the amount will automatically be debited from the Customer’s BULLTEN account

If the BULLTEN account is not in credit, BULLTEN will debit the Customer by one of the methods of payment registered and associated to their BULLTEN account.

If BULLTEN is not able to debit the amount from the associated method of payment, BULLTEN shall send an e-mail to the Customer requesting that payment for the unpaid invoice be paid immediately. If the Customer does not make this payment, the Virtual Private Server will be suspended by BULLTEN until such payment is received.

SECTION 14: Withdrawal

The Customer expressly agrees to the immediate execution of the Service starting from the moment the order is validated. From the validation of the payment, the Customer will have access to their Virtual Private Server. The Customer will not have the ability to exercise a right of withdrawal for any order or renewal of the Service.

The same applies for a change in configuration.

SECTION 15: Termination, Limitation and Suspension of Service

15.1 The Contract shall commence when BULLTEN e-mails the Customer their access codes to connect to the Virtual Private Server and will terminate automatically on the Expiry Date

15.2 Without prejudice to any other rights or remedies which may be available to it, BULLTEN shall be entitled without prior notice to the Customer to terminate this contract and suspend the Virtual Private Server with immediate effect without incurring any liability if the Customer fails to pay the Charges by the due date of these Conditions or if there is any activity on the Host Server by the Customer which is expressly prohibited under the Contract and/or which may reasonably be expected to give rise to civil and/or criminal liability and/or to prejudice the rights of third parties and, for the purpose of the General Conditions, any breach of these Conditions shall be deemed to be a material breach of the Contract.

15.3 Either party shall be entitled to terminate this contract for their own convenience at any time by giving 30 days’ written notice to the other party.

15.4 BULLTEN may restrict, limit or suspend the Virtual Private Server if required to do so by any court or competent authority in accordance with applicable law.

15.5 BULLTEN may delete data, materials, software, Content or any other information on the Customer’s Virtual Private Server following termination of the Contract, without incurring any liability towards the Customer.







SPECIFIC TERMS AND CONDITIONS

Shared Hosting



Terms and Conditions

The users are advised to pay the amount before the due date. As, if not paid the site will be further suspended till 5 days. Even after 5 days of suspension, if user does not make the payment the site will be terminated permanently. At this point, all data related to the website will be deleted.




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