Common use of Obligations and liability of the Customer Clause in Contracts

Obligations and liability of the Customer. The Customer undertakes to obtain the powers, authorities and capabilities necessary for the conclusion and execution of the obligations stipulated herein. OVH recommends that the Customer reads the Code of Ethics available on the OVH Website and complies with these rules for all communications on the internet. The Customer undertakes to provide OVH with his accurate and up-to-date personal information and bank details. OVH reserves the right to request supporting documentation from the Customer to ensure the accuracy of his information. The Customer is solely and wholly responsible for the passwords needed to use the Service. OVH is released from all liability for any illicit or fraudulent use of the passwords provided to the Customer or generated by the Customer himself. The provision of passwords is regarded as confidential. The Customer will solely be liable for any suspected disclosure of the passwords provided, whether intentional or not, whereas OVH will be exempt of all liability. The Customer will be solely liable for the consequences of any malfunctioning of the Service resulting from use by the Customer himself, his personnel, or any person to whom the Customer has supplied his password/s. Likewise, the Customer shall be solely liable for the consequences of losing the aforementioned password/s. The Customer undertakes to respect all laws and regulations in force, especially those relating to information technology, files, freedoms and intellectual property, as well as third party rights. The Customer also undertakes to take out all the necessary insurance policies from a firm of reputable standing, in order to cover any losses for which he may be held liable in connection with this Agreement or its execution. The Customer hereby fully accepts all legal obligations arising from the administration of his Services, OVH cannot be sought nor 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 and points detailed in the Special Conditions, and especially with any activity likely to generate a civil and/or penal liability will give OVH the right to immediately disconnect and/or stop the Customer's Services without prior notice, and to immediately and lawfully terminate the contract, without prejudice to the right to all damages and interest that OVH may claim. The Customer undertakes to pay any sums claimed from OVH directly to the third party making the complaint. The Customer also agrees to intervene, at the request of OVH, in any claim made against the latter and will indemnify OVH in respect of any orders made against it in connection with such a claim. Consequently, the Customer undertakes to make it his personal business to deal with any claim and/or proceedings, of any form or nature, brought against OVH and connected to the Customer’s obligations under this Agreement. The Customer undertakes to inform OVH of any change to his situation within 48 hours, and within 24 hours of any potential loss of passwords. The Customer agrees to formulate any requests clearly in all communications with OVH, according to the rules of usage.

Obligations and liability of the Customer. The Customer undertakes to obtain the powers, authorities and capabilities necessary for the conclusion and execution of the obligations stipulated herein. OVH recommends that the Customer reads the Code of Ethics available on the OVH Website and complies with these rules for all communications on the internet. The Customer undertakes to provide OVH with his accurate and up-to-date personal information information, and bank details. OVH reserves details (for paid services) on creation of the right to request supporting documentation from the Customer to ensure the accuracy of his informationcustomer account. The Customer is solely and wholly responsible for the passwords needed to use the Service. OVH is released from all liability for any illicit or fraudulent use of the passwords provided to the Customer or generated by the Customer himselfCustomer. The provision of passwords is regarded as confidential. The Customer will solely be liable for any suspected disclosure of the passwords provided, whether intentional or not, whereas OVH will be exempt of all liability. In the event of a request for change of the password by the Customer, OVH reserves the right to charge for this service on a time-spent basis. The Customer will be solely liable for the consequences of any malfunctioning of the Service resulting from use by the Customer himselfihimself, his personnelfriends and family members, or any person to whom the Customer has supplied his password/s. Likewise, the Customer shall be solely liable for the consequences of losing the aforementioned above mentioned password/s. The Customer undertakes to respect comply with all the provisions of laws and regulations in force, especially and in particular those relating to information technology, digital files, freedoms intellectual property and intellectual propertyindividual freedoms, as well as the rights of the third party parties (image copyright, the right to privacy etc.), and will ensure in this regard that the data stored by the Customer or authorised users complies with such provisions. The Customer remains the sole proprietor of the data and files transferred and/or stored using the Service. The Customer is prohibited from transferring, storing, copying or sharing data without possessing the full rights or authorisation from the rights-holders. The Customer is fully liable for any sharing of the files stored on the Service. Furthermore, the Customer undertakes not to share the data stored using the Service in a public communication framework outside of his private domain. The Customer is reminded that the Service is not intended to be used for mass file exchange, and in that sense OVH may impose controls to verify that the Customer's is making correct use of the Service. The Customer is prohibited from using, storing and/or sharing any content that may violate public order or standards of decency, or any content which incites racial hatred or is denialist, revisionist, violent, obscene, defamatory, or contains bestiality, paedophilia or pornography. The Customer must guarantee that users given access to his storage space will comply with the obligations stipulated herein. The Customer undertakes to verify that file transfers carried out using the Software have been completed successfully. OVH is released from all responsibility for any failure during the process of transferring or uploading files to the Customer’s storage space. The Customer is responsible for taking all necessary precautions to verify that a transferred file has been stored correctly on the Service, and that it has not been compromised or altered. Likewise, the Customer acknowledges that he may be required to transfer a file again in the event of the previous transfer having been interrupted. OVH cannot guarantee that files exceeding 5 GB will be deposited. In the event of needing to put a file of this size online, OVH asks the Customer to contact the technical support team in order to find out the most effective method of carrying out this operation. The Customer is reminded that using the Service via mobile internet may incur charges from his mobile service provider, and that the Customer is responsible for verifying this. OVH is released of all responsibility in the event of the Customer's use of the Service resulting in an invoice being issued by another operator extraneous to this Agreement. The Customer also undertakes to take out all the necessary insurance policies from a firm of reputable standing, in order to cover any losses for which he may be held liable in connection with this Agreement or its execution. The Customer hereby fully accepts all legal obligations arising from the administration of his Services, OVH cannot be sought nor 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 Failure by the Customer to comply with the aforementioned points and points detailed in the Special Conditionsabove points, and especially with particularly any activity likely to generate a which may result in civil and/or penal liability criminal liability, will give entitle OVH the right to immediately disconnect and/or stop interrupt the Customer's Services Service immediately, without prior notice, and to terminate this Agreement immediately and lawfully terminate in accordance with the contractlaw, without prejudice to the right to all any further damages and interest that OVH to which it may claimbe entitled. The Customer is prohibited from using the Service for commercial purposes, and is likewise committed to using the Service with due diligence. The Service is intended for the general public, and is thus not intended for professional use. The Customer undertakes to pay any sums claimed from OVH directly to the third party making the complaint. The Customer also agrees to intervene, at the request of OVH, in any claim made against the latter and will indemnify OVH in respect of any orders made against it in connection with such a claim. Consequently, the Customer undertakes to make it his personal business to deal with any claim and/or proceedings, of any form or nature, brought against OVH and connected to the Customer’s obligations under this Agreement. The Customer undertakes to inform OVH of any change to his situation within 48 hours, and within 24 hours of any potential loss of passwords. The Customer agrees to formulate any requests clearly in all communications with OVH, according to the rules of usage.

Obligations and liability of the Customer. 7.1 The Customer undertakes to obtain the powersis acting as an independent entity and, authorities and capabilities necessary for the conclusion and execution of the obligations stipulated herein. OVH recommends that the Customer reads the Code of Ethics available on the OVH Website and complies with these rules as such, accepts full responsibility for all communications on the internet. The Customer undertakes to provide OVH with his accurate risks and up-to-date personal information and bank details. OVH reserves the right to request supporting documentation from the Customer to ensure the accuracy liabilities of his informationactivity. The Customer is solely and wholly responsible for the passwords needed to services and internet websites hosted on his dedicated server, the content, use the Service. OVH is released from and updating of information transmitted, distributed or collected, and of all liability for any illicit or fraudulent use of the passwords provided to the Customer or generated by the Customer himself. The provision of passwords is regarded as confidentialfiles, especially address files. The Customer will solely specifically undertakes to respect the rights of any third parties, especially personality rights, and intellectual property rights such as copyrights, patent rights or trademarks. Therefore, OVH shall not be held liable for the content, use and updating of any suspected disclosure of the passwords providedinformation transmitted, whether intentional distributed or not, whereas OVH will be exempt collected and of all liability. files, especially address files, in any respect whatsoever. 7.2 The Customer will shall be solely liable for the consequences of any malfunctioning of the Service server resulting from any use by the Customer himself, his personnel, or any person to whom the Customer has supplied his password/s. Likewise, the Customer shall be solely liable for the consequences of losing the aforementioned password/s. The Customer s. 7.3 In order to maintain the security level of the Customer's server and all servers present on its platform, OVH undertakes to respect all laws and regulations in forceinform the Customer, especially those relating to information technologyby email or via the forum xxxx://xxxxx.Xxxxxxx.xxx/, filesof the availability of updates of the operating systems maintained by OVH, freedoms and intellectual property, as well as third party rights. The Customer also undertakes to take out all the necessary insurance policies from a firm of reputable standing, in order to cover any losses for which he may be held liable in connection with this Agreement or its executiona security fault has been raised. The Customer hereby fully accepts all legal obligations arising from If the administration update of his Servicesthese applications is not carried out according to the OVH requests, OVH cannot be sought nor investigated in this respect for any reasonreserves the right to stop the server's connection to the internet. Likewise, especially in the event of a violation of OVH detecting that the laws or regulations applicable Customer's machine has been hacked, an email will be sent to the Customer, indicating that a reinstallation procedure is essential to maintaining the integrity of the server and the entire platform. The Customer may then carry out such a procedure via his Management Interface, after having made a backup of all of his data. OVH reserves the right to stop the server's Servicesconnection to the internet, pending reinstallation of the new machine. Non-compliance OVH is not obliged to carry out the transfer of the data from the hacked system to the new system as this procedure is to be performed by the Customer with himself. OVH undertakes and limits its intervention to installation of the aforementioned points and points detailed in the Special Conditionsnew system only. 7.4 For security reasons, and especially with any activity likely to generate a civil and/or penal liability will give OVH reserves the right to immediately disconnect and/or stop proceed with the Customer's immediate suspension without notice, of any server on which there is a public service Proxy, IRC, VPN or TOR which is available free of charge or for a fee, and for which OVH has knowledge of its fraudulent or illegal misuse. 7.5 The Customer is responsible for taking all the necessary measures to back up his data. 7.6 In the event that the Customer does not pay any licence or subscription fees when due to the OVH or any third party, OVH reserves the right to suspend the Services without prior notice, and to immediately and lawfully terminate the contract, without prejudice to . 7.7 OVH reserves the right to all damages carry out controls to ensure that the Customer’s use of the Service is in compliance with these Special Conditions. 7.8 The Customer is reminded that the intervention of OVH under the subscription of a contract for a dedicated server is limited to the installation of the server. For this reason, OVH only provides rental of the specialised infrastructure, without any control on the contents of the websites hosted nor the contractual relationship of the editors of these sites and interest that their hosting provider, the OVH may claimCustomer under the dedicated server rental contract. The Customer undertakes to pay any sums claimed from OVH directly to must thus be regarded as a hosting provider under the third party making provisions of Article 6.I.2 of the complaint. The Customer also agrees to interveneFrench law “Loi pour Confiance dans l'Economie numérique” (Law for Confidence in the Digital Economy) of June 21st 2004, at regarding the request provision of OVHpublic services by public communication online, in any claim made against the latter and will indemnify OVH in respect storage signals, writing, images, sounds or messages of any orders made against it in connection with such a claimkind provided by recipients of those services. ConsequentlyPursuant to Article 6.II of the aforementioned law, the Customer undertakes is therefore liable to make it his personal business to deal with retain and preserve any claim and/or proceedings, data that will enable the identification of any form or nature, brought against OVH and connected whoever has contributed to the Customer’s obligations under content creation or to one of the contents of the services that he provides, for a period of 12 months, without engaging the liability of OVH in this Agreement. The Customer undertakes to inform OVH of any change to his situation within 48 hours, and within 24 hours of any potential loss of passwords. The Customer agrees to formulate any requests clearly in all communications with OVH, according to the rules of usagerespect.

Obligations and liability of the Customer. The Customer undertakes to obtain the powers, authorities and capabilities necessary for the conclusion and execution of the obligations stipulated herein. OVH recommends that the Customer reads the Code of Ethics available on the OVH Website and complies with these rules for all communications on the internet. The Customer undertakes to provide OVH SHADOW with his accurate and up-to-date personal information information, and bank details. OVH reserves details (for paid services) on creation of the right to request supporting documentation from the Customer to ensure the accuracy of his informationcustomer account. The Customer is solely and wholly responsible for the passwords needed to use the Service. OVH SHADOW is released from all liability for any illicit or fraudulent use of the passwords provided to the Customer or generated by the Customer himselfCustomer. The provision of passwords is regarded as confidential. The Customer will solely be liable for any suspected disclosure of the passwords provided, whether intentional or not, whereas OVH SHADOW will be exempt of all liability. In the event of a request for change of the password by the Customer, SHADOW reserves the right to charge for this service on a time-spent basis. The Customer will be solely liable for the consequences of any malfunctioning of the Service resulting from use by the Customer himselfihimself, his personnelfriends and family members, or any person to whom the Customer has supplied his password/s. Likewise, the Customer shall be solely liable for the consequences of losing the aforementioned above mentioned password/s. The Customer undertakes to respect comply with all the provisions of laws and regulations in force, especially and in particular those relating to information technology, digital files, freedoms intellectual property and intellectual propertyindividual freedoms, as well as the rights of the third party parties (image copyright, the right to privacy etc.), and will ensure in this regard that the data stored by the Customer or authorised users complies with such provisions. The Customer remains the sole proprietor of the data and files transferred and/or stored using the Service. The Customer is prohibited from transferring, storing, copying or sharing data without possessing the full rights or authorisation from the rights-holders. The Customer is fully liable for any sharing of the files stored on the Service. Furthermore, the Customer undertakes not to share the data stored using the Service in a public communication framework outside of his private domain. The Customer is reminded that the Service is not intended to be used for mass file exchange, and in that sense SHADOW may impose controls to verify that the Customer's is making correct use of the Service. The Customer is prohibited from using, storing and/or sharing any content that may violate public order or standards of decency, or any content which incites racial hatred or is denialist, revisionist, violent, obscene, defamatory, or contains bestiality, paedophilia or pornography. The Customer must guarantee that users given access to his storage space will comply with the obligations stipulated herein. The Customer undertakes to verify that file transfers carried out using the Software have been completed successfully. SHADOW is released from all responsibility for any failure during the process of transferring or uploading files to the Customer’s storage space. The Customer is responsible for taking all necessary precautions to verify that a transferred file has been stored correctly on the Service, and that it has not been compromised or altered. Likewise, the Customer acknowledges that he may be required to transfer a file again in the event of the previous transfer having been interrupted. SHADOW cannot guarantee that files exceeding 5 GB will be deposited. In the event of needing to put a file of this size online, XXXXXX asks the Customer to contact the technical support team in order to find out the most effective method of carrying out this operation. The Customer is reminded that using the Service via mobile internet may incur charges from his mobile service provider, and that the Customer is responsible for verifying this. XXXXXX is released of all responsibility in the event of the Customer's use of the Service resulting in an invoice being issued by another operator extraneous to this Agreement. The Customer also undertakes to take out all the necessary insurance policies from a firm of reputable standing, in order to cover any losses for which he may be held liable in connection with this Agreement or its execution. The Customer hereby fully accepts all legal obligations arising from the administration of his Services, OVH cannot be sought nor 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 Failure by the Customer to comply with the aforementioned points and points detailed in the Special Conditionsabove points, and especially with particularly any activity likely to generate a which may result in civil and/or penal liability criminal liability, will give OVH the right entitle SHADOW to immediately disconnect and/or stop interrupt the Customer's Services Service immediately, without prior notice, and to terminate this Agreement immediately and lawfully terminate in accordance with the contractlaw, without prejudice to the right to all any further damages and interest that OVH to which it may claimbe entitled. The Customer is prohibited from using the Service for commercial purposes, and is likewise committed to using the Service with due diligence. The Service is intended for the general public, and is thus not intended for professional use. The Customer undertakes to pay any sums claimed from OVH SHADOW directly to the third party making the complaint. The Customer also agrees to intervene, at the request of OVHXXXXXX, in any claim made against the latter and will indemnify OVH SHADOW in respect of any orders made against it in connection with such a claim. Consequently, the Customer undertakes to make it his personal business to deal with any claim and/or proceedings, of any form or nature, brought against OVH SHADOW and connected to the Customer’s obligations under this Agreement. The Customer undertakes to inform OVH SHADOW of any change to his situation within 48 hours, and within 24 hours of any potential loss of passwords. The Customer agrees to formulate any requests clearly in all communications with OVHXXXXXX, according to the rules of usage.

Obligations and liability of the Customer. The Customer undertakes to obtain the powers, authorities and capabilities necessary for the conclusion and execution of the obligations stipulated herein. OVH recommends that the Customer reads the Code of Ethics available on the OVH Website and complies with these rules for all communications on the internet. The Customer undertakes to provide OVH GEHTZ with his accurate and up-to-date personal information information, and bank details. OVH reserves details (for paid services) on creation of the right to request supporting documentation from the Customer to ensure the accuracy of his informationcustomer account. The Customer is solely and wholly responsible for the passwords needed to use the Service. OVH GEHTZ is released from all liability for any illicit or fraudulent use of the passwords provided to the Customer or generated by the Customer himselfCustomer. The provision of passwords is regarded as confidential. The Customer will solely be liable for any suspected disclosure of the passwords provided, whether intentional or not, whereas OVH GEHTZ will be exempt of all liability. In the event of a request for change of the password by the Customer, GEHTZ reserves the right to charge for this service on a time-spent basis. The Customer will be solely liable for the consequences of any malfunctioning of the Service resulting from use by the Customer himself, his personnelfriends and family members, or any person to whom the Customer has supplied his password/s. Likewise, the Customer shall be solely liable for the consequences of losing the aforementioned above mentioned password/s. The Customer undertakes to respect comply with all the provisions of laws and regulations in force, especially and in particular those relating to information technology, digital files, freedoms intellectual property and intellectual propertyindividual freedoms, as well as the rights of the third party parties (image copyright, the right to privacy etc.), and will ensure in this regard that the data stored by the Customer or authorised users complies with such provisions. The Customer remains the sole proprietor of the data and files transferred and/or stored using the Service. The Customer is prohibited from transferring, storing, copying or sharing data without possessing the full rights or authorisation from the rights-holders. The Customer is fully liable for any sharing of the files stored on the Service. Furthermore, the Customer undertakes not to share the data stored using the Service in a public communication framework outside of his private domain. The Customer is reminded that the Service is not intended to be used for mass file exchange, and in that sense GEHTZ may impose controls to verify that the Customer's is making correct use of the Service. The Customer is prohibited from using, storing and/or sharing any content that may violate public order or standards of decency, or any content which incites racial hatred or is denialist, revisionist, violent, obscene, defamatory, or contains bestiality, paedophilia or pornography. The Customer must guarantee that users given access to his storage space will comply with the obligations stipulated herein. The Customer undertakes to verify that file transfers carried out using the Software have been completed successfully. GEHTZ is released from all responsibility for any failure during the process of transferring or uploading files to the Customer’s storage space. The Customer is responsible for taking all necessary precautions to verify that a transferred file has been stored correctly on the Service, and that it has not been compromised or altered. Likewise, the Customer acknowledges that he may be required to transfer a file again in the event of the previous transfer having been interrupted. GEHTZ cannot guarantee that files exceeding 5 GB will be deposited. In the event of needing to put a file of this size online, GEHTZ asks the Customer to contact the technical support team in order to find out the most effective method of carrying out this operation. The Customer is reminded that using the Service via mobile internet may incur charges from his mobile service provider, and that the Customer is responsible for verifying this. GEHTZ is released of all responsibility in the event of the Customer's use of the Service resulting in an invoice being issued by another operator extraneous to this Agreement. The Customer also undertakes to take out all the necessary insurance policies from a firm of reputable standing, in order to cover any losses for which he may be held liable in connection with this Agreement or its execution. The Customer hereby fully accepts all legal obligations arising from the administration of his Services, OVH cannot be sought nor 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 Failure by the Customer to comply with the aforementioned points and points detailed in the Special Conditionsabove points, and especially with particularly any activity likely to generate a which may result in civil and/or penal liability criminal liability, will give OVH entitle GEHTZ to interrupt the right to immediately disconnect and/or stop the Customer's Services Service immediately, without prior notice, and to terminate this Agreement immediately and lawfully terminate in accordance with the contractlaw, without prejudice to the right to all any further damages and interest that OVH to which it may claimbe entitled. The Customer is prohibited from using the Service for commercial purposes, and is likewise committed to using the Service with due diligence. The Service is intended for the general public, and is thus not intended for professional use. The Customer undertakes to pay any sums claimed from OVH GEHTZ directly to the third party making the complaint. The Customer also agrees to intervene, at the request of OVHGEHTZ, in any claim made against the latter and will indemnify OVH GEHTZ in respect of any orders made against it in connection with such a claim. Consequently, the Customer undertakes to make it his personal business to deal with any claim and/or proceedings, of any form or nature, brought against OVH GEHTZ and connected to the Customer’s obligations under this Agreement. The Customer undertakes to inform OVH GEHTZ of any change to his situation within 48 hours, and within 24 hours of any potential loss of passwords. The Customer agrees to formulate any requests clearly in all communications with OVHGEHTZ, according to the rules of usage.