[ Dedicated / VPS Servers ]

This Agreement is entered into between any person or corporation, individual or professional, private or public, wishing to receive one or more services from D1Hs, and hereinafter called the “Customer”


The Customer acknowledges that he/it has checked the suitability of the Service to his/its needs and that he/it has received from D1Hs all the information and advice needed to enter into this agreement knowledgeably and willingly.
The purpose of this Agreement is to define the legal, technical and financial conditions of D1Hs’s agreement withthe Customer.
These General Terms and Conditions of Service, to which will be added, as applicable, specific terms and conditions and/or schedules proposed by D1Hs, shall be applicable, at the exclusion of all other terms and conditions, including the terms and conditions of the Customer, to all the Customer’s orders of service from the D1Hs Corporation. The D1Hs services offered gratuitously are also governed by these General Terms and Conditions of Service


D1Hs 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. D1Hs only has an obligation of means


D1Hs shall not be liable in the circumstances described below.:
If the performance of this Agreement, or of any of D1Hs’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, anepidemic, 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 D1Hs’s reasonable control ("Force Majeure event"), then D1Hs, subject to a prompt notice to the Customer, shall be relieved from performing his/its obligations within the limits of this inability to act, limitation or disruption, and the Customer shall be likewise relieved from perf orming his/its obligations to the extent that his/its 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 a Force Majeure event shall keep the other Party informed on a regular basis via electronic mail regarding the prognosis of eliminating such Force Majeure event or of recovering from it.
Should the effects of this Force Majeure 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
OR D1Hs shall not be liable the Customer causes, for example:

•> a deterioration of the application;
•> the misuse of the terminals by the Customer or his/its clientele, a fault, negligence, omission or failure on his/its 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 D1Hs 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; or
•> the total or partial destruction of information transmitted or stored resulting from errors directly or indirectly attributable to the Customer.

The Customer acknowledges that D1Hs authorizes other Service users to install their websites and servers in his/its facilities. D1Hs shall not be liable in any way whatsoever for damages, costs or losses incurred by the Customer (or by his/its own customers) and caused by another Service user’s act, material or failure to act, D1Hs’s liability in contract, in tort (including negligence) or by statute, or otherwise, to the Customer (or his/its 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 D1Hs under this Agreement in the three- (3-) month period immediately preceding the date on which the claim arose. In no event shall D1Hs be liable for any lost profits, or any special, indirect, consequential, incidental or punitive damages.
D1Hs does not offer any backup for the hosted data. It is therefore the Customer’s responsibility to take all requiredsteps in order to back up his/its data in the event of a loss or deterioration of such data for any reason whatsoever,including reasons not explicitly mentioned hereunder.


The Customer agrees to use his/its power, authority and capabilities to enter into this Agreement and perform his/its obligations as provided hereunder. The Customer agrees to communicate to D1Hs his/its accurate and updated contact information upon the creation of the Customer Account and each time such information is modified.
D1Hs reserves the right to request supporting documentation from the Customer to ensure the accuracy of their information.
The Customer is solely and exclusively responsible for the passwords that are required in order to use the Service. D1Hs is not responsible for the illegal or fraudulent use of passwords made available to the Customer. Thepasswords provided are considered confidential. The Customer shall be solely liable, at the exclusion of D1Hs, 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/its staff or by any other person to whom the Customer has provided his/its password(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 fully accepts all legal obligations arising from the administration of their Services. D1Hs cannot be held liable or investigated in this respect for any reason, especially in the event of a violation of the laws or regulations applicable to the Customer's Services. Non-compliance by the Customer with the aforementioned points detailed in D1Hs’s Special Conditions, and especially with any activity likely to generate a civil and/or penal liability will give D1Hs the right to immediately disconnect and/or stop the Customer's Services without prior notice, and to immediately and lawfully terminate this Agreement, without prejudice to the right to all damages and interest that D1Hs may claim.
The Customer undertakes to settle directly with a claimant, any sum demanded from D1Hs by such claimant. Moreover, the Customer undertakes to intervene at t he request of D1Hs in any proceedings brought against D1Hs and shall indemnify and hold harmless D1Hs from any and all such third party claims. Consequently, the Customer undertakes to address any third party complaint and /or procedure, regardless of form, object or nature, that is brought against D1Hs and is related to the Customer's obligations under this Agreement.
The Customer hereby agrees to inform D1Hs within 48 hours of any changes in his/its situation, and within 24 hours, of any lost passwords.Whenever contacting D1Hs, the Customer agrees to clearly describe his/its request in compliance with the terms of use.
When suspicious activity (SPAM, violation of copyright, Attack, Phishing, illegal content, DoS PortScan ...) is detected by D1Hs or reported by a third party, D1Hs may contact the Client by email (and optionally attach a copy of the complaint received). It is expected that the Client respond to the otification within the time limit (24, 48 or 72 hours depending on the nature of the case) to provide its comments and intentions. Failure to respond could result in the suspension / termination of service.


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 D1Hs may be found. The Customer shall complete the form on the D1Hs Site 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 D1Hs 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. D1Hs reserves the right to reject any intervention in this regard if D1Hs notices in its research work that the Customer uses the Service in breach of D1Hs’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 D1Hs’s intervention

Incident Takeover and Development of Diagnostic:

D1Hs 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, D1Hs concludes that the malfunction is an Incident, namely that it is a problem under the responsibility of D1Hs, the costs related to the Diagnostic process shall be entirely borne by D1Hs, in compliance with the Agreement terms and conditions applicable to the Service. Alternatively, if the Diagnostic reveals that D1Hs does not bear responsibility for the Incident encountered by the Customer or that its existence cannot be confirmed the time spent by D1Hs on carrying out the Diagnostic will be invoiced to the Customer at a flat rate available for consultation noted on D1Hs’s Website. In the event of D1Hs being unable to identify the origin or the cause of the incident, the investigations relating to production of the Diagnostic will not be invoiced to the Customer if D1Hs is unable to identify the cause of the dysfunction, or if D1Hs is unable to provide the customer with a quotation for the correction of the malfunction.
Likewise, the Diagnostic will not be invoiced to the Customer if D1Hs is unable to provide a quotation for the correction of the incident. The Customer undertakes not to improperly make use of the Technical Assistance. D1Hs reserves the right to refuse to handle a Customer request if their conduct or the frequency of their requests is likely to adversely affectthe normal operation of the Technical Assistance Service.
The Customer agrees to avoid using the Technical Support service in an abusive manner. D1Hs 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.

Resolution of Malfunction:

At the end of the Diagnostic, D1Hs shall inform the Customer on the cause of the malfunction and indicate which technical solutions will be used to resolve the problem encountered. At the end of the Diagnostic, D1Hs will convey the cause of the malfunction and will direct the Customer to the technical solutions for resolving the problem encountered.
In the event of D1Hs not bearing the responsibility for the Malfunction, D1Hs will forward a quotation to the Customer corresponding to the cost of the resolution operations, if the Customer wants D1Hs to take charge of resolving its problem.

Conditions of payment:

The base price of the quotation is set out on the D1Hs Site. The sums due will be invoiced monthly on the anniversary date of technical support being receive d for the Service. In the event of monthly renewal of the Service, all sums due relating to this Service, including technical support, will be invoiced. No new interventions will be carried out if the payment of the preceding intervention has not been honoured.



The Service agreement shall be signed for an indefinite term. D1Hs reserves the right to suspend the Service at any time. D1Hs 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 D1Hs’s website or forum, or by any other means D1Hs deemsnecessary.

Service Renewal:

D1Hs may possibly not renew its Service at the end of the term. D1Hs 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/its data prior to the end of the Service term.
Any non-payment or irregular payment, meaning incorrect or incomplete amounts in particular, or lacking the required references, or made by any method or procedure not accepted by D1Hs are not acceptable and will result in rejection by D1Hs of the registration or renewal request.
Concerning renewals paid by cheque, it is up to the Customer to request the renewal with sufficient time for the cheque to be received and processed by D1Hs prior to expiration of the Service. D1Hs reminds the Customer that the processing of a payment by cheque may take more than 5 working days in some cases.


Breach by the Customer of his/its obligations as defined hereunder, including all activities specifically barred while using D1Hs services and/or any content specifically barred when using D1Hs 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 D1Hs’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 D1Hs may have a right to claim.
At the end of the term of this Service, for any reason whatsoever, D1Hs shall entirely delete all the files on the Customer‘s Service. D1Hs 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 th e Agreement with D1Hs or the Service objectives. The Service may also be restricted, limited or suspended when the specific terms and conditions applica ble to a type of Service offered by D1Hs provide for such sanctions in the event of a breach. The restriction, limitation or suspension measures s hall 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 D1Hs may restrict, limit or suspend the Service offered if D1Hs receives a notice in that regard from a competent administrative, arbitral or judicial authority, in compliance with the laws andregulations in force.
Either Party may terminate the Agreement, as of right and without indemnity, in the case of a Force Majeure event lasting more than thirty (30) days. D1Hs reserves the right to interrupt the Customer’s Service if such Service endangers the maintenance of security or stability on D1Hs’s hosting platform. D1Hs shall, to the extent possible, give the Customer prior notice regarding such interruption.
D1Hs reserves the right to interrupt the Service, as needed, for technical interventions designed to improve itsoperations, or for maintenance procedures.


The Customer hereby acknowledges that bandwidth fluctuations and problems with the access provider could cause a gap in the services provided by the D1Hs Cor poration, which it would be unable to resolve. However, the Service shall be restricted, limited or suspended, as of right, by D1Hs:

•> if it seems that the Customer is using the services provided for any activity whatsoever which is not incompliance with these General Terms and Conditions;
•> in compliance with the applicable Specific Terms and Conditions;
•> if D1Hs 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.


The Customer acknowledges that he/it has checked the suitability of the material and the Service to his/its needs and has received from D1Hs all the information and advice needed to knowingly enter into this agreement.
D1Hs reserves the right to monitor compliance with the Service’s terms of use.


The fact that D1Hs 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 futureany of these Terms and Conditions.


D1Hs reminds the Customer that, while providing the Service to the Customer, D1Hs may keep some of the Customer’s personal data in compliance with its reg ulatory 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 D1Hs 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, D1Hs shall not disclose nor sell the Customer’s personal data.
The Customer agrees that his/its personal data may be stored, handled and transferred by D1Hs 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 D1Hs may communicate the Customer’s information at the request of administrative, regulatory or judicial authorities


The General and Specific Terms and Conditions online take precedence over the printed General and Specific Terms and Conditions. The parties agree that D1Hs 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 the D1Hs Site 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



The invalidity of one of the provision of the Service Agreement entered into with D1Hs, 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.


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

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 D1Hs’s website all the documents incorporated by reference into this Agreement.Such documents are subject to amendments or updates.


The D1Hs 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 D1Hs during the entire term of the contractual relationship between the Parties.

Advertising and Promotion:

D1Hs 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.


D1Hs is opening a betatest under the following terms and conditions:


These special conditions will supplement the general conditions and terms of service from D1Hs and are intended to define the technical and financial conditions by which D1Hs is developing a beta-test for the Service purchased by a Customer.
The beta test will hereafter be defined as the portion of the development process of the Service which will allow the Customer to use it before it is marketed effectively in order to participate in its improvement and to find any and all possible residual dysfunction.
These special conditions shall take precedence over the general conditions should any conflict arise between these two documents.


As part of the provision of the Service, D1Hs provides the Customer a Service in the beta-test (hereinafter referred to as "the Service") to allow for the implementation of large-scale testing and verification of the proper functionalities of Service ahead of its effective marketing


The Customer will acknowledge the specificities of the Service (including its price and terms of service) from the Website of D1Hs.
D1Hs reserves the right to bill or deny access to the Service. Similarly, the number of users of the Service, methods to access the features of the Service will be determined by the sole discretion of D1Hs and may be modified as D1Hs see fit.
When the service is being billed, by default, it will be done under the provisions described in the Terms of Service. D1Hs reserves the right to res trict any billing arrangements (particularly relating to means of payment available). Only information contained on the D1Hs site or in the D1Hs management interface of the Client shall prevail in the case of any challenge.
The Customer will confirm they have the technical knowledge necessary to ensure proper administration of the Service, particularly regardi ng the safeguarding of its data.
The Customer is responsible to ensure the full use of the Service. D1Hs's responsibility can be incurred due to a malfunction of the Service resulting from the misuse of the Service by the Customer.
The Customer agrees to use this service fairly and safely. In the case of any abnormal use of the Service, D1Hs reserves the right to interrupt as provided by Article 7 hereafter.
Customer may be asked to provide feedback on D1Hs to enable D1Hs to improve the Service.
The feedback will be made by various means which will be put in place by D1Hs (including private mailing lists). D1Hs provides Customers with all the data and feedback will not be forwarded by D1Hs to third parties outside of its own subsidiaries


D1Hs does not guarantee any stability, reliability, or availability of the service. The responsibility of D1Hs may be incurred in the event of damage and/or loss of data stored, recorded, posted online by the Customer via the Service.
D1Hs reserves the right to terminate a Customer's Service if it constitutes a danger to the continued safety of D1Hs's hosting platform, particularly in cases of piracy of Customer Service, the detection of a flaw in the security system, or use of the Service in a means which does not comply with general or specific conditions of D1Hs.
D1Hs cannot be held responsible for the content of information, sound, text, images, form elements, data available on the Customers Service, transmitted or uploaded through the Customers Service in any capacity whatsoever.
D1Hs cannot be held responsible for not respecting all or part of any obligation and/or failure of the operators of the worldwide transport network s to the Internet, especially for the customer and, his or her providers.
D1Hs makes no specific safeguard of any data stored on the Customer's Service. It is therefore the duty of the Customer to take all necessary measures to protect their data if loss or damage should occur to said data entrusted, whatever the cause, including those not specifically mentioned herein. D1Hs provides no security for the consequences of the use of the Service by the Customer, particularly as regards accessibility, storage, sec urity and the preservation of its data.
D1Hs refers to this in order to point out to the customer that it is not advisable to store data on the Service during the beta testing phase, especial ly files of vital or essential to the customers activity. The Marketing and continuity of the service after the beta test are not guaranteed by D1Hs.


•> Therefore the Customer agrees to bear all risks (such as including instability, dysfunction, loss of data ...) related to this phase.
•> Customer may be asked to provide feedback during the regular use of the service during the beta-testing phase via different channels previously established and made available by D1Hs.
•> The Customer acts as an independent entity and therefore assumes all risks and perils of their activity. The Customer is solely responsible for the use of the Service, the content of information transmitted, distributed or collected, any operation(s) and updating, and all files, including mailing lists.
•> The Customer shall undertake to respect the rights of third parties, personal rights, rights of intellectual property such as copyrights, patent rights or trademarks. Accordingly, D1Hs will not be held responsible for the content of any information transmitted, distributed or collected, their operation and their updating, regarding all files, including files and addresses in any capacity whatsoever . The customer may not use the Service to make any content publicly available for which it does not hold the rights to and thus violate the pr ovisions on copyright or intellectual property law.
D1Hs can only warn the client about the legal consequences arising from illicit activities during the use of the Service, and identify any joint liability on the use of the data made publicly available by the Customer.
The Customer agrees not to use the Service for illicit or illegal purposes such as, in particular: spamming, intrusion or intrusion attempt from Servi ce (not limited to : port scanning, sniffing, spoofing...).
With these assumptions, D1Hs reserves the right to terminate immediately the contract of any customer, without prejudice to any damages which could be claimed from D1Hs.
•> The Customer alone shall bear any consequences relating to malfunction of the Service which are resulting from any use by its staff or an y person whom the Customer has provided his (or her) username(s) and password to. Similarly, the Customer alone bears the consequences of the loss of the passwords mentioned above.
•> The Customer is responsible for fulfilling any license or right to use contracted with D1Hs or any third party. Otherwise, D1Hs reserves the right to suspend the Service without notice.
•> D1Hs reserves the right to exercise controls over the compliance of the use by the Customers Service to ensure these provisions are met. D1Hs reserves the right to suspend the Service without notice, for non-compliance by the Customer in relation to the special and general conditions of D1Hs and, in general, of all laws and regulations, as well as rights others.


•> The beta test is not intended to be permanent, the contract will be conducted for an indefinite period. D1Hs reserves the right to suspend at any time the beta-testing phase. Wherever possible, D1Hs will provide advance notice to users of the Service through a message on the mailing list created for the beta test phase, and again on the website or D1Hs forum, or by any means that D1Hs considers necessary.
•> D1Hs can be allowed to not renew the service at the end. In this case D1Hs will endeavour to give prior notice to the Client and proceed to erase all data stored by the Customer on the Service. The Customer agrees thereby to carry out the repatriation of its data before the end of the beta-test phase.


•> Non-compliance by the Customer relating to the provisions detailed in Article 5 of these special conditions of service for the beta test phase, including any activity specifically prohibited by D1Hs and/or any content specifically prohibited D1Hs services which are likely to rise to civil iability and/or criminal and/or likely to prejudice the rights of a third party lead to the right of D1Hs to disconnect the terminal and/or suspend without delay and without prior notice of the Customer Services and to terminate immediately the contract, without prejudice to any damages which could be claimed by D1Hs.
•> Under this contract, for any reason, D1Hs may proceed to delete any and all the files on the Customer's Service.
•> D1Hs reserves the right to restrict, limit or suspend services without notice or compensation if it appears that the Customer is using the services provided to them for any activity, whatsoever, that does not comply with the contractual terms of 'D1Hs' or does not match the purposes of a test being conducted as part of the beta-test phase.
•> The Service may still be restricted, limited or suspended when the special conditions applicable to each type of service provided by D1Hs provide this sanction as a result of a breach.
•> In any event, the measures for restriction, limitation or suspension of the service shall be exercised according to the seriousness and recurrence of a failure. They are determined according to the nature of the deficiencies found. Not by default.
•> The Customer agrees in advance that D1Hs may perform a restriction, limitation or suspension of the Service offered should D1Hs receive a notice to that effect notified by a competent authority, administrative, arbitration or judicial settlement in accordance with laws and regulations.