This EULA is current as of 15 October 2009, and will be altered from time to time. We reserve the right to do so without prior notice, and as we see fit, absent a custom EULA which is available upon request if there is a problem with a given constraint.
Your continued use of our services shall constitute assent to all such terms and conditions. When these terms change, your web control login screen will not let you proceed to the authenticated state without expressly accepting the revised terms -- as you may manage boxes other than through the web GUI we provide, you have the choice to transfer content away if the new terms are not acceptable (or better to contact us for a clarification). We will endeavor to not change terms more frequently than monthly as we stabilize the text to our case.
In order to have a document in place, due to a premature leak as to the existence of the product and to permit early access in response to the demand it created, we cribed EULA content from another hoster. It seems to have been originally drafted in a language and for a jurisdiction other than Engoish and the US -- we'll fix that, remove inapplicable matter, and dial in better markup through this refactoring process as well -- 091015
1. Intellectual property rights
2. Use of the Whois database
Our "Whois" database is made available to you as a means for consulting the personal and technical information pertaining to a registered domain name. This database is also protected by intellectual property rights. No rights other than having the permission to consult the database is granted to you. Upon using our Whois database, you agree to use its data in a manner and means that are in accordance with current applicable laws and legislation, in order to register a domain name or view the registration status of an existing domain name. In particular, you agree to not extract, collect or use the data in any way or means that will result in, allow, facilitate, or participate in the sending, transmission and/or making of mass or multiple commercial and/or other unsolicited advertisement via e-mail, telephone or fax, that does not abide by current applicable laws. Any mass and/or automated inquiries made of our Whois database, as well as any failed or successful attempt to bypass the technical security measures in place, and any use, extraction, transfer, storage, reproduction or redistribution, for any other use or intent other than the viewing of this information, the registration or modification of a domain name, is strictly forbidden and may be grounds for criminal or civil prosecution. The registries in charge of the management of domain names registered under each TLD reserve the right to restrict your access to the Whois database in order to guarantee the operational stability of the service.
In addition, you agree that:
2.1. PMman's role is to provide access to this database, for which the purpose is to retrieve information on registered domain names.
2.2. PMman does not have the means to verify the content of the Whois database, which is shared throughout the world and gathers information from various parties. In particular, the Whois database access provided by PMman includes information pertaining to domain names registered by third parties (Registrars, Registries, resellers, etc.) over whom PMman has no control, even if the content of the respective databases, shared worldwide, is accessible from the Whois on PMman's Website, as well as from any other Whois portal.
2.3. Concerning domain names that are not registered with PMman, the data presented in the Whois cannot be certified as wholly accurate by PMman, and is supplied by third parties. Nonetheless:
2.3.1. Each person registering a domain name must supply accurate, complete and updated information for the entire duration of the registration of their domain name, both on themselves as well as for each of the contacts (administrative, technical and billing) associated with the domain name. Therefore, if the information associated with a domain name registered through PMman seems to be incorrect, you must alert us to this fact through our free online interface, available at http://rip.pmman.com/index-en.html. We will then alert the registered owner of the domain name that they must correct or update the information within fifteen (15) days. If we do not receive a reply, or if the reply is inadequate, or if the information is still incorrect or outdated after a fifteen (15)-day period, this shall constitute a basis for holding or deleting the domain name.
2.3.2. If information viewed concerns a domain name for which you are the owner or registered contact, it is your obligation to correct/update your information in the Whois via our online interface after logging in with your access codes. If this does not occur, you risk the deletion or suspension of your domain.
2.3.3. If PMman is not the Registrar of the domain name in question, we cannot modify the data associated with the registration of the domain name. In this case, you should contact the Registrar of the aforementioned domain name. The Registrar's name is presented in the Whois.
3. Personal information
PMman's website and PMman's automated processing may contain personal information
3.1. Data gathered during the use of PMman's website
During the viewing or use of the present website, PMman records information about you that enables the website to perform the services offered, and generate user statistics, as described below. Your web browser has a function called "cookies", that downloads a small text file on your computer when you visit our Site. A cookie alone does not contain any information about you. It is a piece of information concerning your computer and browser, that is recorded when you visit our website (the pages that you have viewed, the date and time of the viewing, etc.). This information remains in your computer only for the time that you spend on our website. Cookies are not kept after you log out. The activation of this function is not necessary for visiting our website. Nonetheless, access to some services, notably all that require logging in (such as the administration interface and the management of your domain names, or your personal account) require the use of such "session cookies" in order to function. Therefore, if you do not activate this function, services provided by PMman that require logging in will not work correctly.
Notwithstanding the aforementioned statement, and in consideration of it, you may block the acceptance of "cookies" by configuring your browser as follows:
· Microsoft Internet Explorer 6.0: select the "Tools" menu, then "Internet Options".
Click on "Confidentiality", and select the desired level.
· Microsoft Internet Explorer 5: select the "Tools" menu, then "Internet Options". Click on "Security", select "Internet" then "Custom Level". Locate "cookies", and select the desired option.
· Netscape 6.X and 7.X: select the "Edit" menu, then "Preferences", followed by "Privacy & Security", and then "Cookies".
· Netscape Communicator 4.X: select the "Modify" menu, then "Preferences". Click on the option, "Advanced" in the "Cookies" section.
· Mozilla Firefox version 1.5 for Linux:
select the "Edit" menu, then "Preferences". Click "Privacy", then "Cookies". Select the desired setting.
· Mozilla Firefox version 1.5 for Windows:
select the "Tools" menu, then "Options". Click on "Privacy", then "Cookies". Select the desired option.
· For Opera version 8.5 for Mac OS X:
select the "Preferences" menu, then click on the "Advanced" tab, followed by "Cookies". Select the option of your choice from the dropdown menu.
· For Safari version 2.0.3:
select the "Preferences" menu for Safari. Click on the "Security" icon. In the "Accept Cookies" section, select "Never".
In addition, during each visit to our website, we collect data from your computer, notably your IP address, the date and time of your visit, your equipment specifications (operating system, browser...). This information is only stored on our server and used for statistical purposes, and is made anonymous. We are highly concerned with the confidentiality of data collected from visitors to our website. Such information constitutes personal data that PMman handles and gathers in a private and legal means
3.2. Data collected during your subscription and use of services provided by PMman
In the performance of its services, PMman collects and records information on you, which constitutes personal information. This data is recorded in an in-house database, with the exception of information related to the payment of our services which is processed via secure websites belonging to our banking partners. In addition, the technical and contact information pertaining to domain names, such as listed in PMman's general terms and conditions of domain name registration, are made public. This information may be viewed by everyone, including third parties, via the Whois database, available on our website (http://www.pmman.com/whois), in addition to those of all the other Registrars, Registries, and any organization allowing public access to this tool throughout the entire world via the Internet, including in countries providing a lower protection level than the US for personal information. PMman only collects and records personal and/or contact information in order to provide its services. The data is specified at the time of its gathering, and is processed in accordance with the contractual terms and conditions relating to the various services for which they are gathered and processed. These contractual conditions also inform you of the possibility to change, modify, and/or delete your personal data. You have the right to access, modify and delete personal data pertaining to you, and the right to do so at any time by contacting us at the herein-mentioned location, or via our website at: https://www.pmman.com/admin/domain/update/contact
4. Limitation of content liability
4.1. Content of the PMman website
Information presented on the PMman website, and notably the Whois database (http://www.pmman.com/whois), is provided for as is. PMman cannot guarantee the stability, accuracy, or reliability of the data provided, and the user selects, researches, and interprets the data at their own risk.
4.2. PMman Forums
PMman's forums, blogs, discussion groups such as the "PMman Bar", can be accessed from PMman's website, either directly or indirectly. PMman makes these available to its customers or anyone else who would like to obtain information or communicate directly with PMman. These discussion areas allow conversation on various subjects for which the discussion areas have been dedicated. It is notably through this means that PMman will provide self- support for these services. You may post messages, whether or not you are a PMman customer, under the condition that you adhere to, if applicable, the theme of the discussion and current applicable rules and laws, and particularly the rights of third parties. All content that is published on PMman's forums are necessarily public, so that each person who has an internet connection can view them and publish their own content on the forums. PMman cannot in any case be held responsible for messages published on the forums, since PMman does not control the content of messages before they are published. For these reasons, the views and opinions expressed by users on the forums may not reflect those of PMman, its President and/or its employees. Each person is free to express their opinion in accordance with all applicable laws in the US. You agree to uphold the rights of third parties and accept that you are held fully accountable to all content, including by not limited to, all information, data, text, software application, music, sound, image, photograph, graphic, drawing, video, goods, product, service, signs, signals, published writings or messages of any nature, published, transmitted, or made available to the public via PMman's forums. Additionally, you accept to adhere to the Code of Conduct of PMmanGroups, which may be viewed on our page of contracts: http://www.pmman.com/contracts
PMMAN HOSTING GENERAL CONDITIONS
Version 2.1 of October 7, 2008 PMman.com is a division of 781 Resolution, LLC, a Delaware corporation, website: http://www.pmman.com (hereinafter referred to as "PMman" or "we", or "our").
You, a customer of our services, acknowledge that the subscription to and use of our PMman Hosting services implies the acceptance of and adherence, without reserve nor restriction, to these general conditions, all applicable special conditions for the use of accessory services and resources, and the technical limitations of our service as outlined on our website at http://www.pmman.com/ and which are presented to you at each new subscription to a service, in such a way as to allow you to accept them after having been made aware of them and verifying that they meet your needs.
Article 1. Description of the service
PMman offers its hosting solutions via a technical infrastructure permanently linked to the Internet. This infrastructure is divided into many equal shares, each of which corresponds to resources and data storage space made available to you, so that you can establish one or more hosting servers (mail, web, VOIP, etc.) on a share-by-share basis, and manage them in an autonomous manner, via your PMman handle through PMman's interface (hereinafter referred to as the "PMman Hosting" service). The technical limits and characteristics of our PMman Hosting services, and the optional additional resources that are also proposed, as well as all the corresponding prices and any special conditions, are detailed and available for viewing on our website at http://www.pmman.com/
You choose the number of shares that will meet your needs, and may subsequently increase or decrease the number of shares that constitute your server, in total autonomy and at any time. As an example, with one share you can run a traditional web server, a data storage server, or a TeamSpeak server (chat system enabling several persons to chat over the Internet, for example during an online game). Each server consists of one or more shares and will have a fixed IP address, so that server can be identified on the Internet.
Article 2. PMman's commitments
As a technical intermediary providing hosting solutions, PMman commits to:
· providing you with the number of shares you choose (within the limits that are detailed on our website), immediately after validation of your payment and within two hours at the latest, on the condition that the necessary resources would be available for the period chosen and at the time of your order,
· making the best efforts possible to ensure constant access to the service, subject to the technical needs of maintenance, or a case of force majeure, or an event beyond our control, as detailed hereafter in this contract,
· taking the necessary care and diligence to supply a quality service, in compliance with the practices of the profession and state of the art,
· providing all the resources necessary to maintain the quality of our services, in compliance with the technical limits and characteristics pertaining to each service included in the PMman Hosting offer,
· intervening rapidly in the event of a hardware or network failure at PMman, in order to restore the service, where possible within six hours of the incident being reported to PMman.
You acknowledge that PMman only has an obligation of means.
However, PMman shall do everything possible to ensure that you are satisfied with the use of its services. PMman is not an Internet service provider, and cannot provide you with Internet access or the access of third parties, that would be necessary for connection to your servers, nor the equipment required to access and use the services, which shall remain under the entire responsibility of each of user. The limits of our obligations and our responsibility, and the conditions under which we may take action on your account and/or server(s), are detailed hereafter.
Article 3. Your commitments
3.1. Obligation to respect our ethical standards
PMman cares about the rights and freedoms of everyone with regards to the respect of others, adheres to all applicable laws, and participates in the fight against certain infringements, notably abusive and/or deviant uses of the Internet. By accepting our contracts and using our services, you agree to abide to our code of ethics which consists, in particular, of protecting and respecting minors, human dignity, public order and good moral standards, not infringing on the rights of third parties (private life, image, honor and reputation, trademarks, designs and models, copyrights, etc.) or the security of persons, property, the government, or the good working order of public institutions, and to help in the fight against abusive and/or deviant uses of the Internet (spamming, phishing, hacking, etc.).
You also commit yourself to ensuring that any third party to whom you would resell our services or grant a license of use will fully abide by the terms and conditions herein, and that you are able to effectively guarantee this commitment with regards to PMman.
3.2. Obligation to use our services for legal purposes
You commit yourself to using our services to operate, broadcast, store, transmit, relay, issue, collect, use, process or make available directly or indirectly via your PMman Hosting Account any data, information, image, video, file of any nature or form, sound, text, sign, signal, program, software, code, or element of any kind, designated in this contract in a generic way by the word "Content(s)", in a way and for purposes that are strictly legal, and that respect this contract and the laws in force. Specifically, but not in a limiting way, you acknowledge and guarantee that your use of our services, and that the Contents that you operate:
· respects all local laws and legislation, in particular those of the US, and that said use shall only be for strictly legal purposes,
· will not participate, directly or indirectly, in any prejudicial, deviant, abusive and/or illegal practices such as the use or attempted use of data that violates the rights of third parties and/or laws or legislation, and/or activities such as phishing, spamming, hacking or any attempt to hack a computer system, or any infringement .
You agree and accept that you are explicitly prohibited from using our services in order to participate, directly or indirectly, in any way whatsoever, in:
· provocation, eulogy or encouragement to commit crimes or offenses, and particularly crimes against humanity,
· eulogy or encouragement of racial hatred,
· activity or Content of racist, xenophobic, or negationist character,
· activity or Content of pedophile character, or that is liable to constitute or be associated with, either directly or indirectly, child pornography, or the trivialization of such acts,
· eulogy or encouragement of violence, suicide, or the use, production, or distribution of illegal substances, or acts of terrorism,
· insults, slander, violation or injury to the right of personal privacy, image, honor and/or reputation, violation of the personality rights of a third party or of PMman,
· any attack or hacking of a third party's computer system, or the illegal collection, processing, or transmission of data; any propagation of computer contaminants, or hacking activity of any sort whatsoever, whether it concern our services, or our IT system, or any other service or system linked to the Internet, regardless of the technology and method used (for example, use of an automated program).
Consequently, you shall refrain from making any such use of our services, and you guarantee that you have obtained, for the entire duration of this agreement, all the necessary rights, authorizations, and licenses, or any other element granting you the right to use Content and, more generally, with regards to your use of our services. You acknowledge that such prohibited use of our services, or any such prohibited Content, shall constitute a serious breach of contract, which shall be lead to the suspension or even cancellation of the service and/or of your PMman Hosting Account, without prior notice, and without you being entitled to claim any compensation from this act, and may be grounds for your prosecution for the prejudice caused, and application of the penalties mentioned in legislation in force.
3.3. Obligation to intervene on the Contents
You agree to promptly act, particularly upon receipt of any notification regarding a Content existing on one or several of your servers, which could be sent to you in accordance with the law regarding so-called DMCA notices , in order to delete any litigious Content or to render its access impossible.
You specifically acknowledge and agree that:
· any intervention with regards to the Content is under your obligation and liability,
· if PMman has to intervene on your behalf, PMman's intervention will be done on your server(s) and/or on your PMman Hosting Account (such as defined hereafter in Article 4.2), and such intervention can affect all the servers and services associated to your Hosting Account, without any distinction.
We intervene only if we are obliged to act for you, in the event of a failure from you to act within the mandatory deadlines, or a contractual breach of your obligation, or failure from you to comply with the legal rules in force.
As a result, you shall not be entitled to claim any reimbursement or indemnification, and this will not release you from your responsibility with regards to PMman or to the third parties involved, or to your obligation to guarantee and hold harmless PMman in the event of prejudice, or from the penalties provided for by the rules in force.
Therefore, in order to avoid the suspension or the deletion of the service, you must take all necessary measures to comply with this agreement, with our ethics, and with the legal rules in force, particularly those of the US. You must act promptly, by yourself, to immediately stop any illegal or harmful situation in connection with the use of our services under your responsibility.
3.4. Obligation of identification
You must clearly and correctly identify yourself in order to use our services, and according to the laws in force. You explicitly declare that you have the legal capacity and authorizations necessary to fully abide by the obligations described in this contract, and to subscribe to our PMman Hosting service. We reserve the right to proceed with the verification of your legal capacity and authorizations during the term of this contract, and to cancel the contract if you are unable to provide proof of said rights and authorizations. This declared identity and contact data will be associated to your PMman Handle and to your PMman Hosting Account. They are necessary to validate and follow-up on your order, and to use our services, for the entire duration of this contract. The use of our services requires a PMman handle, which will be associated to your "PMman Hosting Account", as detailed below in Article 4.2. The data associated to your handle (last name, first name, street address, active telephone number where you can be contacted at all times, valid e-mail address which you consult regularly, and if relevant the name of the organization you are working for), shall be declared, entered, and updated by you without any manual reprocessing by PMman, and is under your sole responsibility. You commit yourself to declaring and updating the contact information associated with your PMman handle, in such a way that it is permanently complete, accurate, reliable and up-to- date. It being pointed out that the entering of invalid data, or lack of updating data, can alone constitute grounds for the suspension of the service, temporarily or definitively, as detailed hereafter. You agree to update this data on your own and when requested, and to provide any requested documentation of all proofs (identity, rights, authorization, etc.) that are requested of you, without delay, including during the term of the contract. Our inability to verify your identity may be grounds for the cancellation of our service, as specified in Section 15.2 hereafter. If the data is incorrect, incomplete or out-of-date, or if you fail to provide an answer, updated data, or the required proofs as required in a Notification, we shall be entitled to suspend and/or cancel one or more of your servers, and/or suspend or cancel your PMman Hosting Account, for no reason other than this serious violation of your obligations, without you being entitled to claim any reimbursement or compensation (see Article 15). It is also your responsibility comply with the legal mentions on any and all websites that may be associated to your servers If you do not comply with the obligations of this article, your liability shall be invoked, with regards to PMman or any holder or beneficiary, particularly if we must be accused instead of you because of this.
3.5. Obligations of data backup
Our service only consists of providing you with technological hosting solutions during the term of this contract, and does not include the backup of your data, even though we do use "Raid10" technology. Data backup shall be your sole responsibility. You must take all the necessary steps to ensure regular backups and protection of your Content and all your data and configurations, as well as their updates, on media outside PMman.
3.6. Comply with the technical limits and specifications
You acknowledge and guarantee that your use of our services, as well as the use of any third party to whom you would resell our services or grant a license of use, respects the technical limits and specifications applicable to our services as detailed on our website, and does not make any abusive or disruptive use of our resources or systems. In particular, any excessive use of the bandwidth (for example video or audio streaming, etc) is forbidden: your must use our services with due care. You shall be solely responsible for the risks and consequences of any defective operation of the service, following any use that does not respect the operating instructions, the limits and technical characteristics of our service. You alone are responsible, to PMman and/or third parties, of this use, either by you or any of your employees, or any other person to whom you have given your Access Code(s) or access to manage your server, at your own risks.
Article 4. Contractual process
4.1. Acceptance of the service and adherence to our conditions
We supply all our services directly from our website by means of our interface, which can be accessed at the following Internet address: http://www.pmman.com/ It describes the PMman Hosting service and the subscription/deactivation of the various options, their rates and means of payment offered. This interface also enables you to view the details of the technical, contractual, and price conditions applicable at the time of your subscription, for each of the services we provide, and to accept them prior to subscribing to any of the services.
4.2. Creation of a PMman Hosting Account
Upon your first order at PMman, you will be required to create a handle that will be associated with your PMman Hosting Account (unless you already have a PMman handle that you can then link to your PMman Hosting Account, such as the one you would have in connection with our domain name services for example). A "control panel" is associated to this PMman Hosting Account. This is a secure interactive interface, accessible via your handle and password, which enables you to subscribe, renew or terminate the various services offered in our PMman Hosting offer. Particularly, this interface allows you to adjust the number of shares associated to your Account, and to add or delete shares during the term of this agreement. This PMman Hosting Account is associated to a PMman prepaid account, that shall be credited upon its opening, with a minimum amount corresponding at least to the amount of your first order (or a minimum of 50 US dollars in case of payment by check or wire transfer). Your prepaid account must maintain a positive balance in order for you to use our services through the payment of each of the ordered or renewed services. This prepaid account will also allow us to credit your account for any due amount, according to this agreement.
4.3. Summary and confirmation of your order
Prior to paying for your order, you will be able to view a summary of your order. You will also be allowed to make changes at that time, either to your order or your contact information, before confirming your order and making payment. After you have submitted your order, you will receive an order receipt at the e-mail address associated with your PMman Hosting Account.
4.4. Rates - Payment
You agree to pay your order in accordance with the rates and terms and conditions in force at the time of your order. It should be noted that our price lists do not take into account expenses resulting from your equipment, your connections, and electronic communications necessary for the use of our services, which shall remain incumbent on you and be under your sole charge and responsibility. Your payment shall be made via a prepaid account credited for this purpose. The special conditions applicable to such prepaid account are annexed to this agreement. They can also be consulted at any time on our Website on the Contracts page. The invoice shall be issued to the name and contact data of your PMman Hosting Account, which is linked to your prepaid account. We cannot provide any service if your prepaid account does not have enough credit to pay for the service. Therefore You acknowledge that your orders will not be completed prior to the receipt and validation of the corresponding full payment on your prepaid account, and no later than seven (7) business days following receipt of such full payment (particularly in case of payment by check). In case of payment by check, you must indicate the required transaction information (the transaction number) so we can attribute the payment to your request made via our Interface. Failure to do so will result in our inability to complete your order. Additionally, if the payment is rejected or canceled (opposition made to a check or credit card) and if you do not reply to our clearing requests, we shall then no longer be able to provide or maintain the service, and you would not be entitled to make any claim regarding such unpaid services.
4.5. Service activation
The activation of any service requires that you credit your PMman prepaid account with the required amount, corresponding to the price of the ordered service(s). Failure to do so, we will not be able to complete any of your orders. The service activation corresponds to the effective provisioning of the shares and resources ordered and fully paid, as provided in the above provisions (Article 4.4). Such activation will be notified to you by electronic mail, to the address associated with your PMman Hosting Account.
Article 5. Withdrawal right
The customer qualified as a consumer explicitly acknowledges that execution of the PMman service shall start as soon as its full payment has been received, i.e. before the period of seven clear days mentioned in the consumption code about the withdrawal right. Consequently, , the withdrawal right shall not be applied at the time of first subscription for the PMman Hosting service, or at the time of subsequent orders or renewals.
Article 6. Communication and Notifications
It is explicitly agreed that, except where stated otherwise by law, all communications or notifications sent in application of this contract shall be sent to you by e-mail, to the e-mail address you entered and declared, that is associated with your PMman Hosting Account (hereinafter, "Notification" or "Communication").
You agree that all Communication or Notifications sent to the said e-mail address shall be reputed to have been successfully sent to you, received, and read by you within five (5) days of being sent. For this purpose, you must ensure that the said e-mail address is regularly updated and read. You acknowledge that you are fully responsible and that PMman cannot be held responsible for any consequences following your non-compliance with this obligation, particularly in the event that you fail to receive a Communication or Notification because you have provided an invalid or out-of-date e-mail address.
Article 7. Your access codes
A confidential password, that you choose when you open your Account, is associated with your handle. Your handle and the associated password (hereinafter referred together as your "Access Codes") enable you to manage your PMman Hosting Account independently via our interface (subscription of options, addition or cancellation of shares allocated to your server). Depending on the service chosen, you will also need to create one or several users and their respective passwords (hereafter referred to as "Users"), which will be authorized to connect to your server. You must take care to assure that the passwords chosen provide a high level of security (number and type of characters chosen). Each password is strictly confidential and is under your responsibility, or its holder's responsibility if you assign the administration of your account or server(s) to someone else, who must take all necessary precautions to protect its confidentiality and integrity. You must also take all necessary measures to prevent the loss or theft of these passwords. You agree to formally notify us as soon as a password has been lost or disclosed to an unauthorized third party. By default, each operation performed using your Access Codes is considered to have been performed under your responsibility, with your agreement, and thus you acknowledge that the data in our logs is authentic in matters concerning all usage of your access codes at PMman. Please note however that PMman does not manage your Users accounts and passwords, which are under your sole responsibility, and for which PMman can not intervene, particularly in the event of the loss or theft of a User and/or root password. Thus it is incumbent on you and you alone to take all necessary measures in this regards, and particularly to modify or remove your Users access in case of loss or or theft of the access codes.
Article 8. Duration Renewal
This agreement shall take effect beginning from the moment of the service's activation, which is dependent on the full prior payment (payment received and validated) of the ordered services. You can take advantage of our offer, services, and resources for the duration that you choose, according to the offer that you select. Our PMman Hosting offer is very flexible: you can use the resources of the PMman Hosting offer for one or several days, one month, one year; you can even add additional resources for a few hours: you can schedule, according to your needs, the activation and deactivation of all or part of the resources associated with your PMman Hosting Account. Whether it is a first order or a renewal of a service, you decide the term during which you intend to use the service (monthly offer without commitment, or an annual offer) via our Interface. You can opt to move from the monthly offer to the annual offer during the term of the agreement, without any service interruption. The remaining period of time of your first subscription shall be then credited on your prepaid account. If the number of shares that you need changes throughout the year, you may also combine the two offers to optimize your budget, by adding and removing monthly shares as you wish to your fixed annual share(s). Once a share has been subscribed to on a yearly basis, you cannot convert that share to again be a monthly share, until the end of the yearly period.
8.1.1. The monthly offer, without commitment (daily invoicing)
With this offer, the service is initially subscribed to and paid for a minimum one-month period. This being said, you can terminate the service at any time (article 9.2), upon the first day, effective immediately. Such service will then be invoiced to you on a daily basis. Your prepaid account will be credited for the amount corresponding to the remaining period of time (provided that all the resources associated to these shares, including the number of GB, are available and not used for a running server at that time). You will therefore only pay for the services subscribed to until their deactivation. The credit is made immediately on your prepaid account, and can be used to pay for other services at PMman, or can be refunded, according to the conditions set forth in our "PMman prepaid account" special conditions, and in this agreement.
8.1.2. the annual offer, with commitment (yearly invoicing)
This offer enables you to benefit from preferential rates, and you commit for a twelve-month period. The agreement has a 12-month period, renewable, without ever becoming a contract of unlimited duration. At the end of the annual period, you can renew for the same duration, or opt for the monthly offer. You can terminate this agreement (article 9.1) prior to its expiration date if you want, however such early termination shall not entitle you to any refund or credit.
8.1.3. The « PMman Flex » optional service (hourly basis)
In addition to the above offers, we also offer a service called "PMman Flex", which enables you, once you have subscribed to the monthly offer or to the annual offer, to add resources for only a few hours on a server, according to a schedule that you decide. For example, you can schedule the addition of a supplemental share each Monday between 9 and 10 AM, if you know that your server needs more resources within that period each week.
8.2.1 Express renewal (by default)
By default, renewal is not automated. It must be expressly requested and paid (payment received and validated) by you via our web Interface, on time:
· at least one day prior to the end of the period, under our monthly offer,
· at least one month prior to the end of the period, under our annual offer.
8.2.2. Tacit renewal (optional)
You may activate the automatic renewal option if you wish, such option is available on our Interface. The activation or deactivation of such option must be made:
· at least one day prior to the end of the period, under our monthly offer,
· at least one month prior to the end of the period, under our annual offer.
The operation of this option depends on the state of the prepaid account associated to your PMman Hosting Account, which must be sufficiently credited in advance.
Article 9. End of the agreement - Termination
9.1. End of the agreement
The subscribed services expire at the end of the paid-for subscription period in the following cases:
· if, at the end of the period, you do not renew the service, or if the payment has not been received and validated on time,
· if there is not enough credit on your prepaid account to pay for the ordered services or renewals.
The agreement and the services associated to your PMman Hosting Account shall also stop if you terminate it/them early (article hereunder), or in case of termination by PMman under the conditions specified hereafter (Article 15).
9.2. Your right to early termination
You can remove some or all the shares or optional resources that are associated to your PMman Hosting Account, included during the term. Under our annual offer (Article 8.1.2) the early termination does not give right to any credit or refund. Under our monthly offer without commitment (Article 8.1.1), in case of early termination, your prepaid account shall be credited with the amount corresponding to the remaining unused time (prorata), from the termination day until the end of the initially subscribed period.
You will receive our Notification, which will specify which service was terminated, the link to the interface stating your prepaid account balance, and the conditions to get a refund of the remaining balance. In consideration of the large freedom that is, if relevant, offered with this early termination process, which is possible even prior to the end of the initial subscribed period in some of our offers, you agree not to use this right in an unreasonable manner. You agree that, in case of untimely or unreasonable requests in their frequency from your part, PMman shall be entitled to charge an additional fixed fee of 5 US dollars (excluding VAT) for each operation, as transaction cost. Such costs shall be withdrawn from your prepaid account, which must be sufficiently credited.
9.3. Data backup at the end of agreement
In case of termination, regardless the reason, or LLL of the subscribed service, PMman will delete all the data associated with your corresponding server(s). Consequently, it is your obligation to backup and recover your Contents before the expiration of the service, or before a change in service provider, as well as on a regular basis during the term of the contract, as indicated in Articles 3 and 14 of this agreement. Upon expiration, your server is deactivated for a 5-day period. Late renewal is still possible during this time. Thus you can perform late renewal of the service no later than five (5) calendar days after expiration, unless you have deliberately terminated this service through the early termination process.
Article 10. Suitability of the service provided to your needs
PMman may not be held responsible for the unsuitability of the service provided in view of the particular objectives you may have set or pursued, which shall be excluded from the contractual field in any event. You acknowledge that you have checked the suitability of the service to your needs, and that you have obtained all the necessary technical information and advices from third parties for this purpose. You acknowledge that, before making any subscription decision, you had access to the details of the technical characteristics of our services, and to the information provided online on our website, as well as in our forums and through our customer care department (support), provided to you so that you could judge for yourself the suitability of our services to your needs.
Article 11. Forums - Assistance
PMman provides you with a customer care service (support) that can be accessed, in particular, by our website and by e-mail. We agree to do everything possible to reply to you as soon as possible (as an example, we do everything possible to reply within three days of receiving a claim). In addition, you have free access to a community of PMman service users (Forum) on the PMman website at http://groups.pmman.com , which you can use for exchanges with other users regarding technical or practical questions linked to the use of our services. Documentation is also available on our website at the following address: http://wiki.pmman.com/, which functions as an interactive Frequently Asked Questions space, which is open to everyone. These community resources are provided for information and example purposes, and are non-contractual. Except where technical assistance is provided through our self- managed media (wiki, forums, etc), you can send your intervention request by e-mail to the customer care department (support), or by any other means if this is impossible, indicating your identity, your PMman handle, the purpose of your request, and the concerned server.
Article 12. Operating our services and your Content under your responsibility
You commit to using our services in a way and for purposes that are strictly legal, in compliance with our ethics, and in compliance with the standards and technical characteristics of our services. You are fully liable, including in case of reselling our services or in case of a license of use granted to a third party, for professional reasons or not:
· for all and any consequence and/or dispute relative to the choice and use of our hosting services, resulting from your action, or from the action of any of your employees or any other person to whom you have given your Access Code(s) or access to manage your server, at your own risk, or any other person who may have gained access to your server; it being reminded that any use of the Access Code associated to your PMman Hosting Account shall be deemed made by yourself, with your consent or upon your instruction, and that the passwords associated to your servers shall be under your sole liability;
· for all and any Content stored, broadcast, transmitted, relayed, issued, collected, used, processed or made directly or indirectly available via your PMman Hosting Account, even though the Content was installed, issued or published by third parties through your server(s), placed under your sole responsibility,
· for your server configuration in compliance with your specific needs and objectives,
· for the implementation of relevant solutions for securing or limiting the access to all or parts of our servers, Contents, sites or application, hosted under your servers,
· for the consequences of a failure to comply with the technical characteristics of our services.
You shall indemnify and guarantee PMman of any and all consequences (including financial consequences) we may suffer due to your use of our services, or associated to any of your Contents, under your responsibility.
This obligation will survive the termination of this contract. You specifically guarantee PMman against all and any action or claims from third parties linked to the Content installed, issued, published, transmitted, broadcast or reproduced through your servers, in particular that which results from infringement of personality rights, an ownership right linked to a patent, a trademark, designs and models, copyright, respect of privacy, good moral standards, from the provisions of the US and its political subdivisions penal law , and/or to abuses or practices that are prejudicial to Internet users, whether the said Content was installed by you or by a third party. You also agree to find a rapid solution to each problem or dispute which may arise with regards to your use of our services and, where applicable, to rapidly communicate the identity of any third party which has a license or right to use and/or manage the services operated via our technical solutions.
Article 13. Technical interventions by PMman
It is agreed that PMman is acting as a technical services provider for the purpose of ensuring the proper operation of its services, the safety and stability of the system. In that respect, PMman may intervene on all or part of the server(s) associated to your PMman Hosting Account, under the following circumstances:
· to provide services included in the subscribed offer (for example, in connection with the "PMman Auto Install" offer),
· to stop a malfunction inherent to our system,
· to carry out a maintenance operation,
· in case of trouble affecting the safety and/or the stability of the system:
abusive use and/or illegal use of your server without your rapid reaction by yourself or following a warning from our service (ex: spamming, fraud, hacking...); obvious damage to, or attempt to damage our infrastructure caused by your server (DDoS, botnet, spamming, ...),
· as part of our customer service, with your consent, and if our intervention turns out to be necessary. This access is intended to facilitate the prompt resolution of certain legal and/or technical problems.
You acknowledge and agree for that purpose that PMman may access your server. However you have the technical possibility to cancel such access under the "PMman Expert" option (the option is not compatible with the "PMman Auto Install" services). You will then have to carry out yourself the technical interventions on your server, including in case of malfunction or failure, whatever its cause or origin, unless you expressly request PMman's assistance. In all event, if it is absolutely necessary, we shall reserve the right to interrupt some or all of the service in order to perform a technical intervention, particularly in the case of defective operation, or to improve the operation, or to perform any maintenance operation. We shall do everything necessary to limit the time of the said interruption as much as possible and, if possible, we shall give you reasonable prior notice, indicating the date, the type and the duration of the intervention, so that you can make all the necessary arrangements. However, you acknowledge that we will not be able to give you prior notice in the case where the service interruption is due to an external reason (in particular, one that would be inherent to Internet itself) or if it is explicitly requested by a competent authority.
Article 14. Hardware and software security
PMman agrees to make every effort to ensure the security of its hardware and its technical infrastructure. However, you acknowledge and accept that the security of each of your servers shall be your sole responsibility. You agree to take all the steps necessary to secure the access to your server(s), and of your Access Codes and passwords.
You shall also be responsible for maintaining and updating the security software relative to your server(s). Under no circumstances may PMman be held responsible for security flaws and damage resulting from your failure to update the security software and maintain suitable security protocols in the administration of your server(s). You agree to inform PMman immediately of any security flaw or any abusive use of your server(s), regardless of the type, which comes to your knowledge, so that we can coordinate our efforts if necessary. In addition, we reserve the right to suspend, or even delete your server(s) or our services and associates resources without prior notice in the case of a security flaw caused by your server(s). You shall be explicitly responsible for your data backups and configurations backups. In order to ensure the continual access of its services, PMman shall duplicate your data and the information hosted on your server. For this purpose, we use "RAID10", an innovative solution in terms of data backup on hard disks. However, you acknowledge that the use of this solution does not constitute a contractual guarantee and, under no circumstances, does it relieve you from performing regular backups of your data and your configurations on a medium outside PMman, this obligation of backup being incumbent on you. You commit yourself to cooperate with any administrative or legal investigation related with whole or part of our services, including on your server(s).
Article 15. Termination by PMman
15.1. Termination linked to a breach of contract
Any failure to abide by your contractual obligations, which have not been corrected within fifteen (15) days of receiving our Notification to do so, shall lead to cancellation of the contract and the associated services, with no legal formalities and without you being entitled to any reimbursement or compensation.
15.2. Suspension/Cancellation without notice in the case of serious breach of contract
You acknowledge that the following elements shall be considered as a serious breach of your obligations, and shall be lead to the suspension, or even cancellation, of the service and/or of your PMman Hosting Account, without prior notice, and without you being entitled to claim any compensation from this act, and may be grounds for your prosecution for the prejudice caused, and application of the penalties mentioned in legislation in force:
· in the case non-payment within the specified deadlines, despite our adjustment requests (in particular where collection of our payment is rejected or canceled due to a cancellation order of a check or credit card payment),
· providing fictitious contact information, or not updating your contact information on your own, or upon request, or not providing us with the requested proofs corresponding to your declared identity,
· disrupting our services or system through the use of resources made available to you, and in particular but in a non- exhaustive way, any excessive use of the bandwidth (for example video or audio streaming, etc.), as you must use our services with due care,
· the presence of any Content that is illegal, prejudicial, or contrary to the ethical standards of PMman, as defined above as a serious contractual breach (Article 3), it being stated however that PMman has no monitoring obligation a priori,
· if we are made aware of, or discover that all or part of your servers are objectively associated with data (IP addresses, contact information, server(s), website(s), Contents, etc.) which, themselves, are associated with abusive or deviant practices as defined previously, from the moment that the said abusive uses are committed deliberately and constitute a serious breach of your contractual obligations. We also reserve the right to suspend your server if it is under a DDoS attack, which may disturb the platform well-functioning. In compliance with laws and legislation in force in the US, you agree that we may suspend or immediately cancel, the service(s) and/or your PMman Hosting Account, without notice:
· in order to obey a legal or regulatory obligation, or,
· when ordered by a competent authority (in particular through application of a judicial or extra-judicial decision).
In such cases, you shall not be entitled to claim any compensation or reimbursement, and you could be asked to pay damages in the case of prejudice, in addition to application of the penalties prescribed by legislation in force. More particularly, the amounts paid through your prepaid account could then be retained by PMman as lump-sum compensation, and may be grounds for application of a penalty linked to any cost of restoring the service, equal to the cost of establishing the service concerned.
Article 16. Exclusions and limits of PMMAN's liability
Since the supply of your equipment and your Internet connection are not covered by this contract, we cannot be held responsible for any difficulties due to their unsuitability for the use of our services, their defective operation or their incorrect use, more particularly where the said use does not abide by the conditions or the technical limits of the PMman Hosting services. We shall also refuse any liability relative to any damage that may affect any equipment connected to our infrastructure via the Internet, since it shall remain the full responsibility of its user(s), and PMman does not have control over the said hardware or software. In order to prevent any abusive use of your servers or hacking by a third party, we strongly recommend that you configure your server appropriately, use at least a firewall where applicable, and monitor unusual transmissions of your server(s) (for example by installing a monitoring system). In addition, You acknowledge that you were informed that the applications and/or nature of Content made available via your servers are liable to interfere with the accessibility and operation of your shares of the resources, and any websites that might be hosted on them. We shall not accept any liability for this situation.
In addition, we shall not accept any liability due to:
· negligence, theft, or communication to third parties of the Access Codes associated with your PMman Hosting Account, since it is your responsibility to keep them confidential, and since any use of the Access Codes shall be considered as being made by you or with your agreement,
· difficulties in accessing your websites, Contents or services hosted, due to saturation of the networks at certain periods, and/or due to the technical characteristics and limits of the Internet and access to the Internet, which you declare you are well aware of, and therefore we cannot be held responsible for this in any way whatsoever,
· difficulties or operating defects that are due to the type of Content you install or make available via your server(s) under your sole responsibility,
· any deterioration due to your fault and/or your failure to respect the conditions and technical limits applicable to each of our services,
· the misappropriation, the total or partial destruction of the information transmitted or stored, from the moment that said information circulated via the Internet, and even less so when said destruction is due to the fault, imprudence and/or negligence that is attributable directly or indirectly to you,
· any contamination by virus or other computer contaminant, regardless of the technology used, of your Content and/or software, whose protection is under your responsibility,
· any intrusion by third parties (hacking) of one or more of your server(s), despite the reasonable measures introduced by PMman on its infrastructures, and from the moment that, by express agreement between the parties, the security of your servers remains under your responsibility.
You acknowledge that PMman is not subject to any general obligation to monitor the Contents or applications transmitted or stored through PMman. Although PMman reserves the right to proceed with verifications, we have no obligation to perform any active search for incidents or circumstances involving illegal or prejudicial activities. It is explicitly agreed by the parties that PMman may not be held responsible for any tangible or intangible prejudice, whether direct or indirect, which could result from your use of its services, negligence or incorrect use, the unsuitability of its services in regard to your needs, or breach of contract due to your failure to respect your obligations, or any prejudice, whether direct or indirect, whether commercial or linked to an operating loss. In any event, in the case where the responsibility of PMman would be demonstrated, you cannot claim any indemnification greater than the amount which has been paid to PMman in return for the concerned service and corresponding to the actual unavailability/dysfunction period for this service.
Article 17. Intellectual property rights
All copyrights, trademarks, other distinctive signs and intellectual property rights, in particular those present on PMman's website, shall remain the full property of PMman, without you being entitled to claim the benefit of any transfer of a right. The PMman software, or software used for PMman's services, are intellectual works. No copy, reproduction, translation, transcription, addition or modification of the software or the associated documentation is authorized, with the exception of elements clearly defined as under GPL license (free software license). Any use other than what is explicitly stated in the contract, in the technical conditions or in the special conditions, meaning any use other than the one necessary to the use of our services for the duration of the contract, is prohibited and shall lead to civil and penal sanctions, with the possibility of your liability being invoked in regard to PMman or any holder or beneficiary. In compliance with Article 3 above, you agree to respect the intellectual property rights of PMman and third parties and, more particularly, you declare and guarantee that you are the holder of all rights or authorizations required for the Content that you use via our hosting solutions.
More generally, you agree not to claim any ownership of the machines, media, or infrastructure made available by PMman in the context of its services.
Article 18. Personal data
Personal information that you provided during the subscription and/or use of our services, as indicated on our website at the time of their collection, is collected and processed by PMman in an honest and legal way. The collection and processing of the aforementioned personal contact information is necessary to the provision of our services, and is intended to meet the legal obligations of identification.
· to only store the data for the time necessary to supply the service, to only collect and process data that is necessary to the proper operation of the service and respecting of our legal obligations, in particular the communication of all data that will allow the competent authorities to identify you,
· to take all the precautions necessary to ensure the security of said data,
· to take all reasonable steps to protect your personal data against loss, inappropriate use, access, alteration, or unauthorized destruction, and to enable you to exercise your right to access, rectify, and object to the data,
· not to resell your personal data. In order to protect your rights, we check by default a box that corresponds to an action protecting you against the transmission of your personal data to third parties for marketing purposes.
You have the right to access, rectify, and object to the data. You are free to exercise this right via our website, by logging into our interface with your Access Codes, or by contacting our departments at the addresses indicated on our website.
Article 19. Reselling our services
You are authorized to resell our PMman Hosting services as long as you respect all our contracts, all legislation in force, specifically of the US, and as long as you ensure that your clients also respect the legislation in force and the rights of third parties. By reselling our services, you agree to offer your clients the same level of service quality as provided by PMman, and to respect the same ethical standards in this context. In this respect, you agree to pass on to your own clients at least the obligations stated in this contract and, more particularly, you agree to ensure that your clients respect all the obligations stated in this contract. In addition, you agree to respect, with regards to your clients and/or third parties, all the obligations and responsibilities resulting from your agreement with PMman, and those incumbent on web hosting companies, according to the legislation in force, particularly in the US. You agree to act in a way which ensures that PMman is never bothered due to your activities and/or your use of our services, whether professional or not, including as a reseller. You explicitly agree to defend and hold harmless PMman to any prejudice or any sentence that should result, either directly or indirectly, from your activities and your use of our services, or the use of third parties through your intermediary. This obligation shall survive the termination of the contract.
Specifically, you agree to insure your activity in order to cover all damage that it may incur, and to be able to effectively guarantee your commitments with regards to PMman.
Article 20. Insurance
You certify that you have taken out the insurance necessary to cover the risks linked to your activities and your planned use of our services, with a reputably solvent insurance company, covering all the financial consequences of your liability due to direct or indirect damage caused to PMman and/or all third parties in the context of this agreement's execution, and, if applicable, all direct or indirect damage that you might suffer in the context of the use of our services or use of the Internet for your activities. You agree to keep all your insurance contracts current, and to make all due payments, in such a way that you are effectively covered and able to prove this immediately upon request.
Article 21. Force majeure
PMman shall not be responsible for the total or partial non- execution of its services, nor be held responsible for non- execution or delays in the execution of an obligation of this contract, which results from a case of force majeure or an event beyond its control.
It is explicitly agreed that, other than those which are normally accepted by case law of US courts of the state of Delaware and its tribunals, the following shall be considered as cases of force majeure or acts of God: all strikes, whether total or partial, lock-outs, boycotts or other actions of the same type, civil disorders, epidemics, fire, computer breakdown, blocking of networks and communication systems, attacks by one or more hackers, or any other event beyond the control of the parties, which prevents normal execution of the contract. Where such a case of force majeure takes place, the obligations of this contract shall be suspended. If a case of force majeure continues for more than one (1) month, the contract shall be automatically canceled with no legal formalities, except where explicitly agreed otherwise by the parties.
Article 22. Access to your contracts Modification of the contract and prices
The conditions, characteristics, and technical limits, as well as the prices applicable to each service and optional resource, shall be those in force at the time of your order. They can be accessed at any time on our website at http://www.pmman.com , in computer formats that allow them to be printed and/or downloaded, so that you can reproduce them or save them for personal use as a customer of PMman. Our interface enables you to have access to all your current contracts with PMman, at any time, by logging into your PMman Hosting Account.
You acknowledge that the data relative to our services, to your orders, and to your use of our services, produced by our IT system, shall be considered as authentic by the parties for execution of this contract. The contract, including the prices of our services, shall be subject to modification. Revisions and successive versions of the contract and our price lists shall be published on our website, and you will receive Notification by e-mail one month before the date when they come into force. After this period, if the consumer has not accepted the modifications of the contract, the new contractual provisions shall be enforced and applied to the customer without further Notification.
Article 23. Transferability of the contract
You acknowledge and accept that PMman reserves the right to transfer the rights and obligations of this contract to any other company. However, you may not transfer a service to a third party, unless this is exceptionally and explicitly agreed by PMman and the beneficiary.
Article 24. General provisions
Our tolerance, if any, of a breach of contract on your part, can not be considered as a waiver of our right to invoke such breach. In the event of any clause of the contract being declared void or non-enforceable by a competent court, it shall be declared unwritten, and other stipulations shall remain in force to their full extent. In compliance with Article 1165 of the French Civil Code regarding the relative effect of contracts, this contract shall only have effects between the contracting parties, and may not be invoked by third parties.
Article 25. Applicable law jurisdiction
This contract is governed by US and particularly Delaware state law with regards the rules of both form and substance. The text of the English version of this contract shall govern in the event of a dispute of interpretation of the present Contract. You may find the English contract at the following address: http://www.pmman.com/contracts The parties should endeavor to settle any dispute concerning the validity, interpretation or execution of this contract on an amicable basis. Where no amicable solution can be found, any dispute concerning the validity, interpretation or execution of this contract shall be referred exclusively to the state courts in the state of the registered office of PMman (Delaware).
PMMAN PREPAID ACCOUNT SPECIAL CONDITIONS
Version 1.1 of September 30, 2008
PMman.com is a division of 781 Resolution, LLC, a Delaware corporation, website: http://www.pmman.com ("Interface"), hereinafter referred to as "PMman" or "We", or "Our", present its prepaid account solution to You (holder of a PMman prepaid account: "You", "Your").
Section 1. Why a PMman Prepaid account?
PMman offers You the possibility of using its "Prepaid Account" solution. The Prepaid Account is associated to Your PMman handle. You can credit Your Prepaid Account with funds that You may in turn use for Your purchases at PMman. If You no longer need Your Prepaid Account or if You request the closing of Your Prepaid Account, You will be refunded the balance Your Prepaid Account (Section 6).
Your Prepaid Account is designed to facilitate payment between You and PMman, and consequently:
· allow You to pay for all sums due to PMman (payment for services, fees, etc.) with the funds that You have credited to Your Prepaid Account beforehand to this effect,
· allow Us to refund to Your Prepaid Account, as the case may be, any amount remaining in the context of an offer without obligation, and/or to perform any refunds in application of Our Contracts.
Our "Prepaid Account" solution is designed to allow You to:
· simplify Your payments and optimize the processing of Your orders: You no longer need to pay by credit card or check for each order that You want to place!
· centralize Your payments for all services ordered from PMman, and to have a follow-up and tracking tool for payments, and to activate, if You wish, monthly billing for all of Your orders,
· make the payment of some of Your orders automatic, in particular by putting into place an automatic renewal option for some of Our services,
· put in place an alert that will inform You when the balance of Your prepaid account is below a threshold that You specify.
Section 2. Opening Your PMman Prepaid Account
A PMman Prepaid Account is attached to a PMman Handle. You may, however, associate Your Prepaid Account to a pre- existing PMman handle if You are already a PMman customer, or create one for free via Our Website. A PMman Prepaid Account can only be associated to one handle, and can only be used as part of Our contractual relations, after You have logged into Our Website via said handle and its associated password. The identity and address that You have declared for Your handle are required to create and use Your Prepaid Account, and is what will appear on the invoices corresponding to the payments made via Your Prepaid Account, and receipts sent to you following the crediting of Your Prepaid Account.
Section 3. Crediting of Your Prepaid Account
3.1. Means of crediting
The crediting of Your Prepaid Account is made via Our Website, after You have identified Yourself (through Your handle and password) according to the means specified on Our Website, and notably by:
· credit card, via the secure website of Our bank partner (Your Prepaid Account will be immediately credited upon the acceptance of Your payment),
· a check payable drawn on US financial institution, from an authorized agency: You must write the transaction number of Your corresponding order on the back of the check so that we can identify the Account to credit, and thus validate the check,
· bank transfer: You must indicate the transaction number corresponding to Your order in the comments of Your transfer order, so that we can identify the Account to credit and thus validate the transfer.
Upon the reception and validation of Your payment, You will receive an e-mail confirming the crediting of Your Prepaid Account, as well as a link that will allow You to access Your receipt, which may be viewed at any time in the billing section of Your Interface.
3.2. Special conditions for payment by check and bank transfer
You explicitly agree and acknowledge that the crediting of a Prepaid Account cannot be performed by check or wire transfer for any amount under fifty (50) US dollars. You acknowledge and accept that checks and bank transfers less than this amount will not be taken into account by Our services. If You choose to credit Your Prepaid Account by check or wire transfer, this will only be credited upon the validation and corresponding provisioning of the funds no later than seven (7) workdays following the reception of Your payment, under the condition that Your references are complete so that We are able to complete Your payment. It is Your obligation to ensure the appropriateness of these delays (taking into account the postal and/or bank delays) with regards to the degree of urgency of Your order. The crediting by credit card is the most rapid means of payment. Consequently, We recommend this means of payment if You must urgently pay for an order. As a reminder, to avoid any interruption of service, Your payment must be received by Us before the closest deadline (in the case of payment by check or by wire transfer, at least seven (7) days before expiration).
3.3. In the event of a problem with Your Payment
We will be unable to complete Your payment or credit Your Prepaid Account:
· if we receive a check or transfer without the necessary references (transaction number),
· in the case of a crediting of Your Prepaid Account by check or bank transfer for an amount less than fifty (50) US dollars.
All fees originating from such payments remain at Your expense and will be directly debited from Your Prepaid Account (notably postal fees for the returning of a check for example).
You specifically agree that, if the cashing of Your payment is rejected or canceled:
· either Your prepaid account has enough credit for the regularization of this payment and We will directly debit the amount corresponding to the rejected or canceled payment from Your Prepaid account, and We will Notify You of this,
· Or this regularization is not possible, and You will regularize this by another means, within the deadline that We will provide to You.
Otherwise, if no regularization occurs within the specified deadline, We will consider this as Your renunciation of Our services. Your order will be canceled and the corresponding unpaid amount will be debited from Your Prepaid Account. If from this act, services already supplied become unpaid, We will have grounds to deactivate Your handle and/or any or part of the services associated to the Prepaid Account in debit. In the event of a canceled check payment, regularization shall be made by bank transfer, for an amount equal to the initial amount of the transaction, including any additional fees that were charged to Us by the banking institution.
Section 4. Functioning of Your PMman Prepaid Account
Your PMman Prepaid Account is for the payment of orders that You have placed for Our services; it must have sufficient credit for allowing You to pay for Your orders. You specifically agree that the advance and anticipated payments made to Your Prepaid Account will not produce any interest to Your profit, and that PMman will not be paid as compensation for the service thus made available to You, except by specific agreement beforehand to the contrary. To use this solution, You only need to select the PMman Prepaid Account payment means on the corresponding page, at the end of each of Your orders. Our automatic renewal options also function with the Prepaid Account. As soon as You choose to pay via Your Prepaid Account, You must identify Yourself on Our Website to confirm this payment during each order. By choosing this solution, You authorize us to debit Your Prepaid Account for the amounts corresponding to Your orders, and You accept that any refunds that may occur from PMman, during the course of Your contract, will be made directly to Your Prepaid Account. The debits made on Your Prepaid account will follow the chronological order of Your orders, whether these payments are scheduled in advance (automatic renewal) or one-time events (orders for additional options). In the event of automatic renewal, the debit is made the day before the expiration of the service. We would like to bring to Your attention the fact that no partial debit can be made: the Prepaid Account is only debited once the total is enough to cover the totality of the order waiting for payment via the Prepaid Account. Consequently, if Your Prepaid Account is not sufficiently credited to cover at least the exact total of Your order, You will need to credit Your Prepaid Account with enough funds so as to be able to pay for Your order. As long as Your Prepaid Account is not sufficiently credited to allow for the complete payment of the services that You have ordered, the service(s) in question will remain suspended for a maximum delay of 60 days, until the Account has been sufficiently credited, or until You have canceled the surplus orders. You will receive an email notifying You of insufficient credit in Your Prepaid Account, to allow You, if the case may be, to credit Your Prepaid Account and to thus regularize the payment of Your suspended order or to cancel it.
In any event, You acknowledge and accept that any unpaid suspended order older than two (2) months will be automatically canceled and You shall be considered to have abandoned the order. To benefit from the service, You must, if need be, proceed with a new order, providing that the service ordered is still available.
Section 5. Manage Your PMman Prepaid Account
Our Website allows You to consult, in real time, the total of Your Prepaid Account, as well as debits (and corresponding invoices) and credits (and corresponding receipts) to or from Your Prepaid Account. In this way, You can manage Your Prepaid Account in an autonomous manner from Our secure Website, once You have identified Yourself (handle and password associated to Your Prepaid Account). Our Website also allows You to manage the options of Your Prepaid Account. You may, for example:
· solicit the sending of an alert when the balance of Your Account is below an amount that You have specified, in such a way as to optimize the processing of Your orders from Our services, by assuring that You have sufficient credit to cover Your upcoming orders,
· put in place monthly invoicing for Your orders. Both the crediting and debiting of Your Prepaid Account appear in real time on Your Interface, and You are also sent a confirmation by email.
Unless You contest the charge within five (5) days following the mailing of this confirmation, You have presumed to have definitively accepted the application of the payment of Your order to Your Prepaid Account and no claim will be admitted.
Section 6. Duration Closure Refunding
Your PMman Prepaid Account is open for a duration of two (2) months, renewable by tacit renewal for an identical period, under the condition that its associated handle exists, and that You are still the title holder, and unless denunciation by one of the parties by email or any other written means, no latter than 7 days before the expiration of the period underway. Following the end of the two (2)-month period, You may thus decide if You wish to conserve Your Prepaid Account with Our service or not. To simplify the utilization of Our Prepaid Account solution, it is agreed that if You do not request the closure upon its expiration, and thus wish to benefit from its tacit renewal for a new period of two (2) months, You will not loose Your credit: it will be available for You to use for paying Your future orders at PMman during the following period. Nonetheless, You will keep Your freedom to request the closure and refunding of any credit remaining on Your Prepaid account, at any time from Our customer care service (support), including during this period. The remaining balance of Your Prepaid Account will then be refunded. On the other hand, note that it is useless to close Your Account at the end of each of the services ordered, notably if You have the intention of ordering further services from PMman. As the closure of an Account generates management fees for Us, the frequency of closing is limited to once per month. Consequently, You specifically agree that if You request the closure and refunding of Your Prepaid Account more than once per month, You may be charged a processing fee of 5 US dollars excluding VAT. These fees will be debited from Your Prepaid Account or will be paid for by another means.
PMman may close Your Prepaid Account without notice if it is informed that Your account has been credited in a fraudulent manner, or upon the request of a competent authority, without Your being able to request any refund or indemnity from this action, and without prejudice of any applicable sanctions. Any refund made by PMman cannot exceed the amount of the remaining balance on Your Prepaid Account.
Section 7. Access codes Security
The confidential password that You selected during the creation of Your Account, associated to Your handle, is strictly confidential and placed under Your sole responsibility. You agree and accept that it is Your responsibility to take all necessary measures to assure that the confidentiality is preserved. You take it upon Yourself to formally notify us without delay in the event that You have lost Your password or if it has been divulged to an unauthorized third party. By default, any operation made using Your Access Codes (handle and password) is reputed to have been made under Your responsibility and with Your agreement. PMman is not responsible for the utilization, made under Your sole responsibility, of Your Prepaid Account. You acknowledge that with regards to this matter, the data in Our operating systems is authentic within the framework of Our relations as well as claim.
Section 8. Personal information
All the payment operations made by credit card are made directly on the secure website of Our bank partner. Personal information that You may be required to declare as part of the opening and usage of Your Prepaid Account, as We remind You on Our Website at the moment of its collection, are gathered and processed by PMman in a ethical and legal manner . The gathering and processing of data concerning You is necessary to the supplying of Our services, and is also used to meet our legal obligations of identification. We commit ourselves:
· to only store this data for the time necessary to the supplying of the service, and to only collect and/or process data that is necessary to the good functioning of this service and to meet our legal obligations, notably concerning Our obligation to be able to transmit all the necessary identification information to the competent authorities,
· to take all the precautions necessary to preserve the security of this data,
· to take all reasonable measures to protect Your personal data against loss; inappropriate use or access; unauthorized modification, use, or deletion; and to allow You to exercise Your right to access, correction and oppose the data,
· to not resell Your personal information. To uphold Your rights, during the entering of Your personal information, We select Your opposition by default to any transmission of Your data to third parties for commercial solicitation.
You have the right to access, modify, and oppose the information, which You may freely exercise via Our Interface after having identified Yourself via Your confidential Access Codes (handle and password), or by contacting Our services through the contact information present on Our Website.
Section 9 General provisions
Our tolerance, if any, of a breach of contract on Your part, can not be considered as a waiver of our right to invoke such breach. In the event of any clause of the contract being declared void or non-enforceable by a competent court, it shall be declared unwritten, and other stipulations shall remain in force to their full extent. This contract shall only have effects between the contracting parties, and may not be invoked by third parties.
Section 10- Applicable law Jurisdiction
This contract is governed by US and Delaware state law. Where no amicable solution can be found, any dispute concerning the validity, interpretation or execution of this contract shall be referred exclusively to the state courts in the region of the registered office of PMman (Delaware). The text of the English version of this contract shall govern in the event of a dispute of interpretation of the present Contract. You may find the English contract at the following address: http://www.pmman.com/eula