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Legal infos

MassiveHoster, through its website MassiveHoster.com, provide shared web hosting service located in French data centers. This webpage provide information on the project’s legal details, website terms of use, service terms and conditions, cookie policy, and data privacy. This page may be modified at any time without prior notice. By browsing MassiveHoster.com and/or purchasing a service, the users accepts the latest version of these terms and conditions.

Definitions:

  • Service provider / MassiveHoster :
    MassiveHoster is the commercial name for web hosting services offered by the company Kim Communication LP through the website MassiveHoster.com.
  • Client / Customer / User :
    individual or legal entity that has subscribed to a service from MassiveHoster and benefits from a contract with the service provider.
  • Service :
    any service offered by MassiveHoster, including but not limited to web hosting, domain name registration, website or email data manipulation, email support or support ticket assistance. All services are subject to acceptance of these general terms and conditions of sale.

1. Client information and email address validity

The service provider exclusively sends its communications to the Client via email to the email address provided by the Client in his personal account.

It is the Client’s responsibility to provide accurate information, keep their details up to date, ensure their email address is operational, and regularly check their emails.

The Client is responsible for being reachable and responsive at the email address provided in their client account, in case the provider needs to send them important information regarding their client account / hosting account, or if any action is required by the Client to maintain their services.

The Client must save in their address book the known contact addresses belonging to MassiveHoster such as all email addresses ending in “@massivehoster.com”. The client should also set up a “not marked as spam” filter (whitelist) in their email receiving client software and/or their webmail service, for all the email addresses mentioned before, to ensure receiving the important notifications related to their MassiveHoster services.

2. Duration, Billing, and Payment

Contracts signed with the Service Provider (MassiveHoster) have a minimum duration defined by the Client during the order or renewal of a Service.

An invoice is issued upon the registration or renewal of a Service.

The amount owed for the provision of services is payable via PayPal or Stripe. The Service Provider (MassiveHoster) cannot be held responsible for any issues related to automatic withdrawals carried out by payment providers such as PayPal or Stripe.

The Service Provider reserves the right to adjust its rates at any time. This change in rates will also impact previously signed contracts.

The Client may decide at any time and without condition to deactivate the automatic renewal of the Contract. However, no refunds or credits will be granted for partially used months or for unused months. Remaining credits into the MassiveHoster accounts are not refundable.

The Service Provider (MassiveHoster) also reserves the right to close access to its Services and to unpublish the Client’s websites as early as the first day of payment delay. However, Services will be restored as soon as the Client has paid the full amount due and the Service Provider has received proof of electronic payment via PayPal or Stripe.

Payment reminders sent by the Service Provider to the Client before the expiration of the Service are sent electronically only.

The Client acknowledges being informed and accepts that the data hosted will be deleted from the subscribed Service 15 days after exceeding its expiry date visible on their member area. After the deletion of these data, the Service will be made available to other clients of the Service Provider. It is therefore the responsibility of the Client to perform all necessary backups of their data, including in cases of explicit or implicit termination of the Service.

The Client may request an immediate deletion of their data by making a request to the Service Provider via support ticket. The Client can also request confirmation of the destruction of their data from the Service Provider.

The Service Provider actively fights against fraud. Most Services are delivered instantly (hosting, domain names, etc.). However, the Client acknowledges that each order is subject to human verification within hours/days/weeks following the activation of the service and a manual check periodically throughout the duration of the Contract.

In the event of a suspicion of fraud related to the payment method used during the Order, the Provider reserves the right to initiate a full refund on the payment method used and to permanently close, without notice, the customer account and all associated services, with permanent deletion of all data associated with the Client.

3. Refund Policy and “Money Back Guarantee”

MassiveHoster offers a 14-day “Money Back Guarantee” even though it is not legally obligated to do so due to the instant nature of Service delivery.

The refund is only valid for the purchase of Bare Web Hosting, which does not include custom services requiring extensive human intervention (services like website migration from another competing web host). This means that this refund offer is not applicable in cases where the Service Provider has performed a human technical intervention (service delivered by mutual agreement before the 14-day period).

Therefore, the money-back guarantee excludes:

  • incoming migrations offered;
  • all the on-site interventions (troubleshooting, securing, configuring WordPress, etc.);
  • in other words, all interventions requiring technical service time performed by a technician from MassiveHoster

Excluded from this exclusion are:

  • responses to support ticket questions.

The refund request must be made via support ticket, at the latest, within 14 calendar days from the initial payment date of the order.

The refund will then be made within 5 working days after the commercial department has validated the request.

The client is informed that a refund will lead to the total and definitive closure of the Subscribed Service. The client is also informed that a refund will result in the total and definitive destruction of all hosted data.

If the hosting order includes the reservation of one or more domain names, these cannot be refunded (cf. concept of clearly personalized goods, see article 5 of these terms) and will therefore be deducted from the total amount of the order before the partial refund of the order (see, current rates available on my.massivehoster.com).

The Client remains in any case the owner of his domain name (modification of NS, possible transfer to a third-party registrar, etc.).

All requests that do not comply with these refund conditions will be examined on a case-by-case basis. The commercial department will be proactive and will do its utmost, in good faith, to find a compromise that provides full mutual satisfaction to both parties.

No refunds are applicable upon the renewal of a Contract.

In any case, the decision of a refund of any kind will be left to the sole discretion and judgment of the Service Provider (MassiveHoster) and should never exceed the amount calculated based on the remaining duration of the current Contract which may be deducted, installation fees, and closure fees of the terminated service.

In any event, the amount of damages that could be claimed from the Service Provider, if its liability was engaged, will be limited to the amount of the sums paid by the Client to the Service Provider for the part of the Service for which MassiveHoster’s responsibility has been retained.

4. Domain Names

Domains must be renewed annually.

The list of domain name fees can be found on the following page:

https://my.massivehoster.com/order/forms/

The Client holds all rights in relation to their reserved or transferred domain name with MassiveHoster. Upon simple request, the Service Provider can transmit an authorization code (EPP Key or Auth Code) to transfer this domain to another provider, if desired by the Client.

As soon as the Client places an order for a domain name with MassiveHoster, the Service Provider will submit the domain registration to the concerned registrar. The Service Provider has no control over the availability of the domain and cannot be held responsible in the event that it is no longer available or if it is subject to specific registration conditions.

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To avoid any loss of domain names, automatic renewal of domain names is enabled by default in the Client’s MassiveHoster account. The Client may decide at any time in their MassiveHoster client account, whether or not to disable the automatic renewal of their domain names.

If the Client decides to keep the automatic renewal of their domain names active, a renewal invoice for the domains will be automatically sent to the Client 14 days before the expiration date of the domain names.

If the Client has registered a payment method in their MassiveHoster client account and has decided to keep the automatic renewal active for their domain names, 3 days before the due date of the domains, the invoices concerning the domain names will be automatically charged to the payment method registered in the MassiveHoster client account.

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The Client can at any time delete the payment methods registered in their MassiveHoster client account to avoid automatic charges.

Therefore, the Client is expressly informed and agrees that they cannot exercise any right of withdrawal on the registration of the ordered or renewed domain name (see Article 5).

No refund can be offered on domain names :
a domain name is a service that is registered in a definitive manner with the global organizations in charge, for a given period. Consequently, no refund requests for domain names will be granted upon order / registration, transfer, or renewal of a domain name.

5. Right of Withdrawal for Domain Names

In accordance with the Consumer Code, article L 121-21-8, 3° “the right of withdrawal cannot be exercised (…) for contracts of supply of goods made according to the consumer’s specifications or clearly personalized (…)”.

The Customer acknowledges that the registration of a domain name with the Service Provider constitutes, by the choices made by the Customer (domain name and extension (TLD)), a clearly personalized good.

Therefore, the Customer is expressly informed and accepts that they cannot exercise their right of withdrawal, and no refund would be offered on the registration of the ordered domain name.

This right cannot moreover be exercised by the Customer for the transfer of a domain name from another registrar to MassiveHoster, nor even during the renewal of the domain name since these cannot be canceled once ordered from the central registry.

A domain name is a Service registered definitively with the global organizations in charge, for a given period. No refund will ever be granted following the order, registration, transfer, or renewal of a domain name.

6. Renewal / Termination of a Service

Before the expiry date of their Contract, the Client will receive by email a notice regarding the imminent expiration of said Contract. The service provider uses an electronic reminder system, hence it is advised that the Client, additionally, checks the expiry date of their Contract in their client account themselves in order to renew it on time.

To cover storage costs, a late fee of 10% applies to any invoice not paid on time.

Should the client encounter any problems, they must contact the service provider through support ticket to notify them.

The service provider cannot be held responsible for exceptional malfunctions of the automatic electronic invoice reminder.

If the Client does not wish to renew an ongoing Service upon its expiration date (hosting, domain name…) and they have registered a payment method in their MassiveHoster client account, they are solely responsible for it and must revoke the automatic payment authorization directly themselves within their MassiveHoster account, at least 7 days before the due date of the invoice.

In addition to the possibility of deleting payment methods with automatic debit from their client account, users of MassiveHoster also have the option to indicate their desire to terminate a service by requesting it through a support ticket. The termination request formulated by ticket should be made at least 7 days before the service’s expiration date, for the service that the client wants to terminate. In the event that the client does not receive confirmation from MassiveHoster within 24 hours regarding their termination request, it is the Client’s responsibility to ensure their request has indeed been received by the service provider by verifying that a ticket is present and pending in their User account > Support > Tickets.

In the case of an unwanted automatic payment for a Web hosting Service of a period of at least 12 months, the Client can report their oversight of their termination request via ticket within a 7-calendar-day period after the automatic payment. A partial refund will be granted in an amount equivalent to 11 months of service, minus financial fees.

If the Client wishes to renew their Contract, they must select their payment method and will be directed to the procedure to follow. If the Client does not respond to the various reminders made by the electronic reminder system, it will be considered that the Client does not wish to renew their hosting and their account may be closed and then deleted upon expiry of the current Contract.

If the Client renews a Service expired for more than 15 days, it is considered that a new service was requested.

The Client may, at any time, decide to terminate their Contract by notifying the service provider. Amounts paid by the Client for Services they have benefited from, even partially, cannot be refunded.

In case of non-compliance with certain clauses of these General Terms and Conditions of Sale (GTCS), the service provider may terminate the Contract with the Client outright. The Client will not be able to request a refund of their hosting offer if they have not complied with these GTCS, even partially.

The publication of content that could lead to civil and/or criminal liability gives the right for the service provider to suspend the Services provided to the Client immediately and without prior notice. The service provider can also terminate the Contract with the Client immediately and by right, without the latter having the right to claim damages. In such a situation, the Client agrees to pay the remaining amounts due on the day of termination.

7. Obligations and Responsibilities of the Service Provider

The service provider commits to applying all due care and diligence required for the provision and maintenance of a quality Web Hosting Service in accordance with professional practices. Due to the high technicality of the Service, the service provider can only be subject to an obligation of means. The service provider also commits to offering 24/7 access to its Services, though it cannot guarantee this access due to the nature of the Internet network as well as human and material constraints.

MassiveHoster provides its Clients with technical support accessible via email and a ticket support system. This service is limited to providing information and technical assistance directly related to the services the Client benefits from, who must beforehand identify as such.

Technical assistance will not be provided to individuals not registered as Clients or not mentioned as authorized technical contacts. Technical information provided by the service provider will be based on the indications and requests made by the Client and cannot, under any circumstances, engage the service provider’s liability in case of damages and/or losses suffered by the Client.

The service provider commits to:

  • Ensure the proper functioning of the infrastructure, to the best of its abilities and in good faith.
  • Intervene to the best of its abilities and as quickly as possible in case of incidents not related to improper use of the Service by the Client.

The service provider will ensure to inform the Client, within a reasonable timeframe and as far as possible, about the nature and duration of the intervention, so that the Client can make arrangements.

The service provider cannot be held responsible in case of:

  • Fault, negligence, omission, or failure of the Client, non-compliance with the advice given.
  • Fault, negligence, or omission of a third party over whom the service provider does not have full control.
  • Force majeure, event or incident beyond the control of the service provider.
  • Service stoppage for any reason.
  • Improper use of the Services by the Client.
  • Partial or total destruction of information transmitted or stored following errors directly or indirectly attributable to the Client, or an external supplier.
  • Total or partial non-compliance with an obligation and/or failure of Internet network operators, including but not limited to, Internet access providers.

The service provider reserves the right to interrupt its Services to the Client:

  • To perform a technical intervention to improve its operation.
  • If the Client’s Service poses a danger to the security of the infrastructure maintenance (web hosting hacking, detection of a security flaw in the system, abnormal use of resources, etc.).

This may include, but is not limited to, any of these scenarios:

  • The infection of files by viruses or malware due to web development negligence or lack of system maintenance by the Client;
  • The compromise of passwords, allowing a non-contractual user, to exploit the hosting resources;
  • Sending a high number of emails, from the web hosting server to unknown email addresses or those returning an error;
  • Hosting unsecured forms by a captcha which could be exploited by bots;
  • Hosting resource-intensive scripts (numerous requests, infinite loops, many script calls via CRON tasks). For example, the maximum allowed number of scripts executed by CRON tasks from cPanel is 12 per hour, that is, 1 CRON task every 5 minutes, which is sufficient in almost all scenarios.

In some cases, access to the Service will only be restored once the requested interventions have been performed by the Client.

8. Client Obligations and Responsibilities

The Client acknowledges having committed to the Service Provider after verifying that the services offered met their needs.

The Client must always maintain a personal backup of the content of their Web Hosting accounts (files, databases, emails, etc.), as well as any associated data, on their computer and on a second backup device independent of the Service Provider (external hard drive, cloud hosting with a third-party provider, etc).

Management of Website Backups

The restoration of website files and databases should be able to be performed at any time by the Client, autonomously and unlimitedly if the Client has subscribed to the Web Hosting offer including the JetBackup5 self-restoration module.

Indeed, as a courtesy and not guaranteed contractually, the Service Provider has “regular” backups replicated in several different countries.

These internal backups are initially intended to restore the service as a whole and as quickly as possible in the event of technical and/or material failure. This is referred to as a Business Continuity Plan or Disaster Recovery Plan.

These backups are regularly performed only if the client is up to date with the payment due dates of their hosting invoices.

Backups of content unrelated to the operation of the internet website or emails are not performed.

Indeed, some types of files are not backed up. This includes log files, as they can reach unreasonable volumes if not regularly controlled. It also includes files identified as local backups, as it is costly and unnecessary to “backup the backups”.

Finally, copies will not be possible if the files are encrypted, unreadable, or corrupted.

Throughout the duration of their subscription, upon request to the Service Provider via support ticket, the Client may, under certain conditions, obtain a prior date backup, complete or partial, of their hosting account, subject to availability and technical feasibility on the part of the Provider and Third-Party Intervenants (Hardware/Software Suppliers such as Amazon S3 or JetBackup5). The Provider cannot be held responsible for any failure related to its Third-Party Intervenants or Hardware Suppliers.

The Provider cannot be held responsible for any prejudice whatsoever in the case where the frequency or completeness of the backups offered do not meet the Client’s needs.

The Client understands that they are solely responsible for their data and backups. The Client is free to connect their hosting account to a third-party backup solution operating, for example, via a remote MySQL/SSH/SFTP connection, or even via a plugin compatible with their CMS.

MassiveHoster is available to all its users to advise them on personal external backup solutions suited to their needs.

Throughout the duration of their subscription, the Client may request and receive advices from the Provider for the personal backup of all data associated with their hosting account: website files, databases, emails, etc. These can especially be performed without additional cost, in their entirety, autonomously by the client, thanks to their graphical hosting management interface, or via command lines that can be executed from the Terminal or SSH Shell (mysqldump, rsync, etc). For more information on how to technically proceed with your backups, please don’t hesitate to contact us.

Legal Notice

The Client agrees to publish, on each of the websites linked to their services, “legal notice” including, at a minimum, these details:

  • full name of the website’s publishing director;
  • postal address;
  • physical home address of the website’s publishing director;
  • contact information (e-mail address) through which the publishing director can be reached at any time and through which they commit to responding within 48 hours to all legal claims or disputes.

The Client commits to publishing real legal notices and commits to keeping them updated for the duration of the Contract with the Service Provider. In case of failure to comply with these conditions, the Provider may require the client to publish complete legal notices, with a 48-hour notice before the suspension of the associated services (hosting, domain name, etc).

Illegal Activities

It is forbidden to engage in illegal activities and to share certain types of content via the Hosting Services of MassiveHoster. The Client agrees to comply with legislation on copyright, personality rights, third-party rights, licenses, patent rights, or trademarks and to pay any potential broadcasting rights.

The Provider cannot be held responsible for the content, information transmitted, shared or collected, their use and update, as well as all files, contact files, scripts, and programs that the Client uses in their hosting space. The Service Provider can only warn the Client about the legal consequences that may result from illicit activities on the Service. The Service Provider disclaims all responsibility for the use of data made available to Internet users by the client.

MassiveHoster prohibits the following on its hosting services:

  • Topics related to racism.
  • Excessively violent topics.
  • Sites that advocate terrorism.
  • Sites that go against applicable laws.
  • Sites related to content sharing/streaming of videos subject to copyright.
  • Peer-to-peer software, P2P links, and content subject to intellectual property laws for which the Client does not have the agreement for distribution.
  • Erotic sites and Pornographic sites. Because of the “shared” nature of the hosting provided by the Service Provider, sites restricted to minors are not allowed.
  • Sites that can be assimilated to human trafficking or prostitution (escort boys/girls sites, ambiguous classified ads and/or dating sites).
  • Files of an insulting, defamatory, racist, xenophobic nature, etc.
  • Files that encourage discrimination or the commission of any crime.
  • Any other site considered “suspicious” (for example, potentially fraudulent sites) that may be subject to an investigation by MassiveHoster based on external reports or manual checks.

In case of suspicion of illegal activity or any other risky behavior, the Provider reserves the right to permanently suspend all Services of the client without notice or, in certain cases, require the client to undertake an identification procedure, providing various proofs (ID card, selfie photo, proofs of address, receiving a code by SMS…) in order to lift the restrictions on the client’s account and associated Services. The judgment of the non-compliance aspect will be left to the sole discretion of the Service Provider and may lead to the removal of the disputed data, without notice, and in no case resulting in a refund as the Client has been previously warned of the types of content prohibited on the Services of the Provider through these General Conditions of Sale (CGV). The Client agrees not to include any redirection of their domain (including any type of hyperlinks) to sites broadcasting illicit content (refer to the list above).

This also applies to all content-related prohibitions and the use of Services expressly communicated by one of the Service Provider’s Suppliers. In this regard, the Service Provider reminds the Client that its services are dependent on other technical operators and that its responsibility cannot be engaged for their failure or their willingness to suspend the service of the end user for non-compliance with their own terms and conditions of use.

Utilization of the Messaging Service

The Service Provider makes available to the Client an email messaging service. This Service includes an outgoing mail server known as SMTP. The Client is responsible for ensuring the successful and actual receipt of electronic mails sent through the outgoing mail server.

The Service Provider reserves the right to immediately and automatically terminate a Contract, without the Client being able to claim damages if the client voluntarily or involuntarily engages in spamming or any other attempt of cyber attacks. It is the client’s responsibility to ensure that they are not sending unsolicited emails (or any other form of spam) through their hosting account.

The sending of unsolicited mails (SPAM) through the Services offered to the Client is strictly prohibited and punishable. Thus, it is forbidden to send a massive number of emails to people who have not requested them, to lists of email addresses that are constituted, rented, bought, or obtained by any other means not valid, or sending messages dealing with a subject different from that proposed at the time of the creation of the subscriber list, which could generate a high rejection rate (bounces, nonexistent email addresses, reporting of emails as “spam”, etc).

Similarly, to avoid any abuse of this kind, the Client benefits from a quota of sending automatic emails limited to a reasonable number of mails per day. This limit is left to the discretion of the Service Provider. The Service provided by the Service Provider must be qualified as web hosting and must not be used for massive email promotion campaigns.

The only permissible uses of the mail server provided by the Service Provider are:

  • Sending transactional emails (e.g., invoices sent by an eCommerce website);
  • Daily, manual/non-bulk sends (a few dozen emails sent each day by the Client and their team members via email software seems to be a normal daily use).

For such infringements, the Client will be directed to providers specializing in bulk email sending (for example, like MailChimp or SendGrid).

Likewise, double Opt-in is the only authorized method for creating a valid email address list. The addition of email addresses to a list is valid only if the email address owner clicks on a link in a registration confirmation email. The recipient thus provides proof that they initiated the subscription request.

The Client must inform their user members that they have the right to modify and delete their data under data protection law.

A complaint for sending unsolicited emails (spamming) can lead to the blocking and then termination of the Service if the email sender cannot provide proof of each subscriber’s voluntary and confirmed electronic registration (date/email/IP).

Sending standard (non-automated) emails via the Provider’s Services is tolerated. However, all email marketing must comply with current laws and should only occur when the recipient has solicited the reception in some way. Some legal exceptions may be more flexible in B2B sectors.

Password Management

The Client is solely responsible for the management of passwords granting access to their administration interface and assumes full responsibility for their actions, modifications, or settings made within the scope of their Service. Any loss, theft, diversion, or unauthorized use of passwords and their consequences are the responsibility of the Client.

As such, it is strongly recommended that customers activate two-factor authentication on their MassiveHoster hosting account to prevent unauthorized access, even if the password has been compromised by a hacker.

The Client is solely responsible for the content hosted on their account as well as the distribution of this content.

The Service Provider cannot be held responsible for any breach of laws that the Client may have violated. The Client must also comply with legislation and regulations regarding the control of exports and imports from the United States and other countries.

The Client agrees and acknowledges that they must constantly have an up-to-date copy of the data provided to the Service Provider.

Under no circumstances can the Client claim for damages or compensation resulting from technical problems of any nature whatsoever.

Proper Use of Service

The Client is expected to use the Services reasonably, responsibly, and in accordance with the intended use set forth by the Service Provider, namely web hosting.

The offers provided by the Service Provider represent a shared web hosting service for websites. In this sense, web hosting should not be used for any purposes other than hosting websites or any related service (such as email messaging). Any other use is prohibited by these Terms and Conditions.

It is prohibited without limitation to use the Service to:

  • perform large backups such as backing up a personal computer
  • the exchange of very large files privately between users (storage of videos, exchange of audio files, archives protected by password, etc).

To this end, the hosting of very large files, exceeding 200 MB and of any nature whatsoever, is strictly prohibited on the MassiveHoster infrastructure, since 200 MB files can never be considered as strictly related to the hosting of a website.

Files larger than 200 MB are not allowed and should not remain on the hosting space in the long term. This restriction can be related, without limitation, to files such as local backups (archives), videos, audios, or abnormally large documents (PDF or otherwise). In case of non-compliance with this condition, the user will be informed of the presence of files incompatible with the MassiveHoster hosting offer and will be asked to delete/move the concerned file(s).

Indeed, the services offered by MassiveHoster are mainly intended for hosting Internet sites: PHP/HTML files, images, documents of reasonable size (PDF, etc).

MassiveHoster’s hosting solutions are not suitable for storing very large files. Generally, dormant files larger than 200 MB are prohibited on our infrastructure.

Only temporary files larger than 200 MB may be stored on a MassiveHoster web hosting. For example, for creating backup archives that will then be quickly transported to the cloud and deleted from MassiveHoster web hosting after transportation.

For instance, backups created with plugins such as UpdraftPlus, or manually created archives (.zip, tar.gz, etc.) should be quickly decentralized to the cloud, on Google Drive, Dropbox, or Amazon S3, which are providers offering environments optimized for storing very large files.

On their end, video files should be hosted on dedicated platforms such as YouTube or Vimeo, as our solutions are designed primarily for web performance, and not for mass storage.

Indeed, very large files are usually placed on less expensive devices because they do not require very short access times and/or very high server performance.

By the way, the 200 MB file limit does not apply to MySQL databases, which can each reach a maximum size of 6 GB, a size that is comfortable for most websites, even when they are huge. In practice, a normal-sized website’s database rarely exceeds 1 GB of storage, unless there has been a loss of control over a MySQL table. For instance, in a scenario where a script save an infinite number of logs in database, without limits or periodic cleaning. In the event of exceeding a 6 GB database, MassiveHoster will notify the user and would be available to help identify the source of abnormal growth in the database concerned, to correct the issue and prevent service suspension.

To avoid any unpleasant surprises during the subscription, if you plan to host very large files, files that are not commonly found integrated into a standard Internet website, or any file over 200 MB, or any database over 6 Gb on your MassiveHoster Hosting, please contact our services to discuss about your project. Our team will then be able to confirm whether or not your project is compatible with our infrastructure.

In the event of non-compliance with these clauses, our terms would be reminded to the Client and could lead to the termination of the Service in the case of repeated infraction. The Client will therefore ensure in particular that their use of the resources provided by MassiveHoster does not cause failure or saturation (in terms of disk resources, CPU, or RAM memory) of the servers on which they are hosted.

Data Uses by MassiveHoster

The Client agrees that their contact details and other personal information may be used by the Service Provider for the purposes mentioned in the Privacy Policy available below on the MassiveHoster website.

Maintenance of Hosted Scripts and Applications

The Service Provider and the Client shall notify each other in case of any problems in the member area or any other issue related to the provided service.

Thus, the Client agrees to:

  • Use the service, especially the resources allocated to them, in a reasonable manner.
  • Regularly update their scripts, applications (CMS, forums, or others) as well as their extensions.
  • Have the permission, capability, and necessary skills to comply with the obligations set out in these General Terms and Conditions of Sale.

Otherwise, if the official web applications or those from personal web developments used by the Client have security issues (because they are not updated, for instance) and compromise the security of the infrastructures, the Service Provider cannot be held responsible.

9. Use of the Provider’s Services

In the context of using the Provider’s services (Shared web hosting, etc), the Client agrees to follow some rules for the benefit of all parties and other users of the services.

In addition to the prohibited elements of Article 7 and in order to avoid server saturation, the client must not:

  • Running processes that require more than 1024Mb (1GB) of RAM for over 300 consecutive seconds; Utilizing more than 3 CPU cores for over 300 consecutive seconds; Or using over 50% of all resources on a physical server for over 300 consecutive seconds.
  • Making any use other than the POST, GET requests necessary for the proper functioning of a website.
  • Consuming more than 8Mb/s, at the same time for 1-hour or more, on the network interface of the server hosting the site.
  • Store or host a file whose single size is greater than 200 MB.
  • Hosting more than 10,000 files in a single directory. For example, files from an uncontrolled cache system, or an image directory not separated into subfolders, etc. All that saturating and reducing the performance of the hard drive. These files should be distributed across multiple subfolders to avoid deteriorating performance and reducing the lifespan of storage devices.

The number of files and directories that can be stored by the Client depends on the hosting plan and the inode addons chosen. Exceeding the inode limit is prohibited and will result in the Hosting account being unable to save new data on the disk: backups, new content, files essential for the proper functioning of the website or the hosting management interface, etc. The Client may be notified of the overconsumption of their resources, for example, by email or from their MassiveHoster hosting management interface (usage statistics), without their site being disabled. However, the overload of the number of files and folders may impair the performance of the hosting account services: website, emails, etc.

If the use of the services by the Client or any other behavior intentionally or unintentionally threatens the ability of MassiveHoster to serve other users normally, the Service Provider may take all reasonable measures to protect the Services and the systems of MassiveHoster, including suspending the Client’s access to the Service.

The Service Provider does its utmost to offer an exemplary service. It cannot be held responsible for any unavailability or any problem if it depends on a third party over which it does not have full control, or if the restoration of the service requires a long-term intervention.

With the internet constantly evolving, the service provider reserves the right to modify its infrastructures, change hosting servers, alter the technologies used, and its services at any time and without prior notice, for both new and existing services. This includes changes to the client’s hosting management panel solution. It also includes transferring the client’s service to new hosting servers, for instance, to improve certain criteria.

Given the shared nature of its services, the provider may also move hosting accounts from one server to another for any reason related to the maintenance of its infrastructure, or the distribution of resource consumption. Thus, by these general terms and conditions of sale, the client agrees that the IP address of their service may be changed (with a 3 business days’ notice). They also agree that the NS (Name Servers) of their domain names can be changed by the provider without prior agreement, for that the new NS (Name Servers) direct the client’s traffic to their new server. In the event that the client has registered their domain name through an external provider (third-party registrar), the client is to make themselves available to change their NS (Name Servers) within 24 hours after being notified of the hosting server change, via ticket/email. In the case of custom DNS zones was set directly at the registrar level through A, MX, SPF, etc. type fields, it will be the client’s responsibility to change the old IP of their service to the new IP provided by the provider, via support ticket.

The client understands that the entirety of their website content is under their management and responsibility. They must therefore ensure its maintenance. The client must safeguard the integrity of the data hosted with the service provider and the security of information (usernames, passwords, etc) provided by the service provider. The client must ensure that no diversions of the service, whether voluntary or malicious, are carried out. The service provider advises the client to copy (at no extra cost), at least once a week, the complete content of their hosting account, for example, through the hosting management graphical interface provided to them (MassiveHoster hosting dashboard > Backup), including all directories, as well as their databases, emails, etc ; or via command lines such as “mysqldump”, “rsync” and through services or software connected to SSH/SFTP protocols. The Service Provider is also available to assist the client in setting up autonomous backups from third-party solutions such as UpdraftPlus, ManageWP, or CodeGuard. The service provider’s liability shall not be engaged in case of a backup failure on the client’s part.

In the event that the service provider’s responsibility could be engaged in the loss of client data by a judicial authority, the damages and interest could not exceed an amount equal to the amount of the services billed to the client for the current subscription period or for the period of the last renewal of services.

The client is responsible for all behavior, maintenance, errors, and operations related to the content hosted on the server: the client will assume their own technical and financial responsibility. The Provider may suspend, without any compensation or prior warning, access to any hosting account containing phishing attempts or any other malicious content (virus, malware). The Provider reserves the right to close any client account and forbid any future orders from a Client if it is deemed that these rules of use are not respected; or if few technical support members feel victim to harassment, pressure, threats, blackmail; or if the Client’s behavior negatively impacts the experience of other users in any way; or for any reason left to the sole discretion of the Provider.

In such cases, the Provider commits to providing the best available data backup via a download link ; and it commits to refunding the amount equivalent to the unused service time and to release any domain names in order to enable their transfer to a new registrar.

10. Intellectual Property and Copyrights

The Hosting Services offered by the Service Provider allow the Client to upload, submit, store, send, or receive all types of content. The Client keep all their intellectual property rights on the contents published via these Services.

However, using the Service Provider’s Services does not grant any intellectual property rights to the Client over the contents to which they have access. The client agrees not to use the content obtained through the Service Provider without the permission of the owner of the said content unless authorized by law.

11. Force Majeure

Force majeure is defined as an unforeseeable and/or inevitable event beyond the control of the Service Provider.

The liability of the Service Provider cannot be engaged if the execution of the contract, or any obligations incumbent on the Service Provider under the terms and conditions, is prevented, limited, or disturbed due to:

  • a health problem of the responsible parties,
  • a fire,
  • an explosion,
  • a failure of transmission networks,
  • a collapse of facilities,
  • an epidemic,
  • an earthquake,
  • a flood,
  • a power outage,
  • a war,
  • an embargo,
  • a law,
  • an injunction,
  • a demand or requirement from any government,
  • a strike,
  • a boycott,
  • a withdrawal of authorization from the telecommunications operator,
  • or another circumstance beyond the reasonable control of the Service Provider.

Subject to prompt notification to the Client, the Service Provider shall be relieved from the performance of its obligations to the extent of such prevention, limitation, or disturbance. The Client shall likewise be relieved of the performance of its obligations in case it finds itself in such a situation, provided that the affected party makes its best efforts to avoid or mitigate such causes of non-performance and that both parties proceed promptly as soon as the situation is restored.

The party encountering the force majeure event must keep the other party regularly informed about the progress of the situation as well as its resolution or lack thereof.

If the disturbances of a force majeure event were to last more than 30 days, from the date of notification of the force majeure event to the other party, the Contract may be terminated by law at the request of either party, without entitlement to compensation from either side.

12. Applicable Law

The client commits to abide by the laws in force for the duration of the contract.

Any dispute with MassiveHoster related to this contract, its conclusion, its execution, or its termination is subject to British law.

The General Terms and Conditions of Sale (CGV) apply without reservation or limitation to all services offered by MassiveHoster to any individual or legal entity.

13. Modification of Services

The Client agrees that the Service Provider cannot be held responsible if it decides to modify and/or suspend certain services.

If the Client had paid to use these modified and/or suspended services by the Service Provider, they could be eligible for a refund of prepaid payments covering the remaining duration of the service.

14. Indemnity

By these General Terms and Conditions of Sale (CGV), the Client agrees to indemnify and defend the Service Provider as well as all other impacted parties against any claim or demand (including attorney’s fees), made by a third party in connection with the content that the Client share, transmits, stores via the services of MassiveHoster. The same applies to violations of a third party’s rights that could be committed by the Client.

The Client will never be able to pursue the Service Provider if it decides to remove, suspend or close the Client’s access to the Services (or any other measure) during investigations concerning a possible violation or resulting from the Service Provider’s deduction that a violation of this Agreement might have occurred.

This rule applies to all violations described or envisioned by the Agreement. This rule will still apply also after the closure or expiration of the Agreement.

The Client is responsible for any use of the services accessible through their MassiveHoster user account, and this Agreement applies to all use of this account. The Client agrees to abide by these Terms and Conditions and to indemnify and defend the service provider against any claim and/or demand resulting from the use of this account, whether or not such use was expressly authorized.

15. Links and Other Third-Party Information Supports

The Service Provider, through its help pages (discussion forums, web pages), provides the Client with links to other websites.

The Client acknowledges that the Service Provider has no control over the content of these sites and that these Terms and Conditions do not govern these information sites.

The Client also acknowledges that the Service Provider cannot be held liable for any damages that the Client may suffer, directly or indirectly, as a result of the use of or reliance on content from such external sites or resources.

16. Limitation of Liability

Within the limits determined by law, the entire liability of the Service Provider (as well as persons/institutions related to it) for any claim under these Terms and Conditions, including for any statutory warranty, fault or negligence on the part of the Service Provider, is limited to the amount the Client has paid to use the Services.

The Service Provider as well as any persons/institutions related to it, disclaim any responsibility for losses of profits, revenue, or data, or for indirect damages that may result from the use of the Service provided.

In no event shall the Service Provider and all persons/institutions related to it be held responsible for any loss or damage that would not have been reasonably foreseeable.

17. Changes to the Terms and Conditions

Given the constant evolution of the internet, the Service Provider reserves the right to modify these Terms and Conditions at any time, without notice, and with immediate effect.

To this end, the Service Provider advises Customers to regularly read the Terms and Conditions.

Modifications will be visible on this page. If the Customer does not agree with the changes made to the Terms and Conditions, they may terminate the contract no later than 30 days following the entry into force of said modification.

If any clause of this contract is not enforced by the service provider (MassiveHoster), it shall not be deemed as MassiveHoster waiving the contract. Non-application of a contract condition will not affect the other terms of these T&Cs.

Disclaimer about advertising networks

This site is not part of FacebookTM Inc, Google LLC, X Corp, or the Twitter International Unlimited Company. Furthermore, this site is not endorsed by FacebookTM Inc, Google LLC, X Corp, or the Twitter International Unlimited Company, all of which are independent registered trademarks not related to MassiveHoster.

Contact & legal representative

Commercial name of the service:
MassiveHoster.
Contact details of our company:
Kim Communication LP. 5 South Charlotte Street, Edinburgh, Scotland, EH2 4AN.
Company number SL034153. Registered on 12 November 2019.
Legal representatives: Nicolas Jean E Laruelle, and Mélanie Luc G Dorval.
Email address: info [at] massivehoster.com.

Our website address is: https://massivehoster.com.

Hosted by:
OVH SAS with a capital of €10,174,560. RCS Lille Metropolis 424 761 419 00045. APE code 2620Z. VAT number: FR 22 424 761 419. President: Michel Paulin. OVH SAS is a subsidiary of OVH Group SA, registered with RCS Lille under number 537 407 926 sise 2, with registered office at Kellermann 2, 59100 Roubaix, France.

Cookies

Cookies are small data files placed on your computer or other internet-enabled devices that enable our features to work properly. They allow us to record information when you visit or interact with our Websites.

Pixels are small portions of code that we use as part of our Websites. We use pixels to learn whether you have clicked on certain web content. This helps us measure and improve our services and personalize your experience.

We use cookies and other similar tracking technologies to make our Websites easier to use and to better tailor them to your interests and needs. We use the information we obtain from cookies and other tracking technologies to carry out profiling activities in order to learn more about you and offer you tailored advertising based on your behavior on our Websites. Some technologies may also be placed by third party advertisers. We also use these technologies to compile information that allows us to better understand our customers and visitors.

Cookies can remain on your device for different periods of time. We use two types of cookies :

– Persistent cookies are cookies that help us recognize you. They are stored on your device in between browser sessions, allowing us to remember your preferences and actions across multiple sites and on multiple visits.

– Session cookies expire at the end of your browser session, allowing us to link your actions during a particular browsing session.

There are two broad categories of cookies:

– Cookies set directly by us, as a first party, to your device.

– Cookies set by third parties with our permission to your device.

We allow third parties to set cookies on our Websites. Third parties may use cookies, pixels and other similar tracking technologies to enable the third party’s features or functionalities to be provided through the Website you are using. The third party setting these cookies can recognize your device both when it visits our Website and when it visits certain other websites or services. For example, our paid endorsers, or affiliates, may use third party cookies to identify you as a referral so they can be compensated if you sign up for services from us as a result of visiting one of our paid endorsers. In the same way, third party vendors such as Google, Facebook or Twitter (X) may use cookies or other device identifiers to provide you with targeted advertisements based on your past visits to our Website.

We use Google Analytics and other analytics as tools to help us understand how users engage with our Websites. Like many services, they use first party cookies to track user interactions with websites. In our case, they are used to collect information about how users use our Websites. This information is used to compile reports and to help us improve our Websites. The reports disclose Website trends without identifying individual visitors.

You can opt out of Google’s use of cookies or device identifiers without affecting how you visit or use our Website. For more information on opting out of Google’s use of cookies across all websites you use, visit this Google page: https://adssettings.google.com/authenticated. To provide you with more choice on how your data is collected by Google Analytics, Google has developed an opt-out browser add-on, which is available at https://tools.google.com/dlpage/gaoptout and enables you to opt out of being tracked by Google Analytics.

On our website you may opt-in to saving your name, email address and other informations in cookies. These are for your convenience so that you do not have to fill in your details again when you navigate through our webpages. Our cookies will never last for more than one year, expected for login cookies that do not last more than two days, or two weeks if you select “Remember Me”.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and other personalized settings. If you log out of your account, the login cookies will be removed.

If you would prefer not to receive a personalized experience based on your browser or device usage, you may generally express your opt-out preference to no longer receive this personalized experience.

If you opt out of receiving certain cookies from us, your web browser will be associated with a generic “opt-out” cookie, which will prevent us from associating any non-personal information with your browser. Since this program is cookie-based, you may need to opt out again if you do any of the following:

– Delete your cookies
– Block cookies, including third party cookies
– Switch internet browsers
– Change computers
– Upgrade your web browser

Internet browsers allow you to change your cookie settings via the “options” or “preferences” menu in your browser. Please note that if you set your browser to refuse or block all cookies, certain features or functionalities of our Websites will be limited or unavailable to you.

For more information on how to manage your browser settings, please see below:

– Cookie settings in Edge
– Cookie settings in Firefox
– Cookie settings in Chrome
– Cookie settings in Safari

Some internet browsers may also offer their own management tools for removing “Local Storage Objects”.

Privacy

For users that register on our website (if any), we store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time. Website administrators can also see and edit that information.

If you have an account on this website, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

When subscribing to a Service offered by MassiveHoster, the Client will be asked to provide private data (first name, family name, phone number, email address, etc.).

The Client must provide valid and complete contact details and a valid email address to benefit from web hosting services. This data will be stored in a database and used to identify the Client as the account owner for technical support purposes.

The Client must notify MassiveHoster through his customer dashboard of any changes to their personal information. They must also update their email address and any other details through their management interface, available from their client account.

MassiveHoster commits to not disclose this information and to keep it strictly confidential. It will not be sold, distributed, or shared except with the relevant authorities in the event of a legal dispute.

MassiveHoster and its collaborators are bound by confidentiality and uphold the strictest confidentiality of the information provided by the Client. The Client agrees that MassiveHoster will only disclose the necessary information to its suppliers/partners, solely for the provision of the subscribed services (web hosting, etc.). These suppliers/partners may change over time, and the Client consents to the transfer of their personal information to any new supplier/partner to ensure smooth service continuity.

Here are the details that may be provided to MassiveHoster, including but not limited to:

  • Contact information (names, mailing address, email address, phone number).
  • Financial information (payment methods).
  • Technical data (about the Client’s personal computer, IP address, operating system, browser, domain name, internet service provider, etc.).
  • Client review about the services offered.
  • Social media profiles (Twitter, etc.).

The Client acknowledges being informed that MassiveHoster and themselves, through their business relationship, may have access to certain products, information, or elements related to the activities of each party. This may include customer files, software technologies, or any other items that are potentially confidential and of substantial value to each respective party, which could potentially depreciate if disclosed to a third party.

Both parties agree not to use, for their own benefit or that of a third party, or disclose to a third party, any information they may have become aware of in the course of their business relationship and under contract, except in the case of a court order. Both parties will therefore take all necessary measures to protect the confidentiality of this information.

MassiveHoster may still disclose certain information if requested by a court or administrative body.

If MassiveHoster is compelled to disclose information without the Client’s consent, it commits to providing only the strictly necessary information and no additional details.

The Client will never be asked to provide their password via an unsolicited phone call or unsolicited email. MassiveHoster reserves the right to use the information in its databases for internal management.

The information may be used for:

  • Invoicing and delivery of services.
  • Communicating with the customer about the steps to manage their request.
  • Managing all customer relationships.
  • For prospecting and marketing purposes.
  • Providing efficient customer service.

When MassiveHoster no longer needs the Client’s personal information, it will be permanently destroyed.

During the booking of certain domain names, providers in charge of specific extensions may request certain personal information about the hosting holder. This may include, but is not limited to, extensions such as .fr, .com, .net, .org, .info, .eu, .biz…

This request for information aims to register the domain name in the final Client’s name, granting complete ownership rights. The information provided during this booking includes: Name, First Name, Company Name, Mailing Address, Date of Birth (if applicable), and in some cases, a valid telephone number.

When the Client submits a technical support request, they authorize MassiveHoster and all its technicians to access the services subscribed by the Client and perform all necessary operations to develop a diagnosis and/or find a solution to the issue.

The Customer has been informed that when requesting technical support, a technician from MassiveHoster will have access to the content of their hosting, whatever it may be. However, all technicians at MassiveHoster commit not to compromise the confidentiality of this data. If a technician observes a breach of the General Terms and Conditions of Sale (Articles 9 and 10), the Customer may be contacted and asked to correct this breach.

Similarly, the data centers chosen for hosting end users data are located in France and provided by OVH SAS, company with a capital of €10,174,560. RCS Lille Metropolis 424 761 419 00045. APE code 2620Z. VAT number: FR 22 424 761 419. President: Michel Paulin. OVH SAS is a subsidiary of OVH Group SA, registered with RCS Lille under number 537 407 926 sise 2, with registered office at Kellermann 2, 59100 Roubaix, France.

In accordance with the French Data Protection Act of January 6, 1978, amended in 2014, the Customer has the right to access and rectify data concerning them by contacting MassiveHoster via email or support ticket.

MassiveHoster reserves the right to make changes to these terms of use at any time, with immediate effect and without prior notice.