Terms of Sale
Article 1 - PURPOSE OF AGREEMENT
The purpose of this agreement is to set the conditions under which OverBlog provides its "Premium Pack" service as described on the site www.over-blog.com. The service for Premium Individual or Premium Business offers includes the leasing of a domain of the .com, .fr, .net, .org, .me, .co.uk, .ch, .de, .eu, .be, .name, .info, .biz, .pro, .it, .es level for a minimum period of 1 (one) year. This leasing is excluded for the Premium Confort offer.
Article 2 - DURATION
The Premium offer includes various offers (Comfort, Individual and Business) which are available as an annual or monthly subscription.
Monthly Premium pack
When this contract is concluded with a monthly offer, it is for a period of 1 (one) month with tacit renewal.
In accordance with article L121-20-2 of the Consumer Code, the Customer acknowledges and agrees that the right of withdrawal will not apply if the service is activated before the end of the seven-day Code of Consumption.
At any time, the customer of a Comfort subscription can decide to stop his subscription by choosing to return to the free Basic offer. To do this, the client must go to the administration of his blog in the Renewal section of the Premium tab by following the procedure of "Removing Premium" or by contacting the support team. In this case, his blog will retain the advantages of the Premium Premium package until the anniversary date of the month already set. A no time, there can be no compensation or refund in any capacity whatsoever for the benefit of the customer.
The domain name that would have been associated with a monthly premium offer remains the property of Overblog for one year, this is the duration of the reservation with our registrar.
Annual Premium packs
This contract is initially concluded for a period of 1 (one) year as part of a Premium subscription.
At any time during the contract period, the customer can anticipate the renewal of his subscription, the extra time gained from add up to the one already in progress.
At any time during the contract period, the customer can mean Overblog his wish not automatically renew his Premium subscription at the end of the current period, and thus put an end to its Premium subscription at the end of the contract period.
For this, the customer must go to the administration of his blog, and the Premium tab, Renewal section, indicate his wish after the contractual period.
The customer is notified by Overblog through emails sent 30, 15, 7 and 3 days of the impending expiry of his Premium subscription with annuel subspription and therefore the imminence of its automatic renewal without adverse action taken by the customer.
When the contract period comes to an end, and in the absence of renewal by the customer, the effects of the contract are off.
Article 3 - THE PRODUCT
The 3 Premium packs consist of the following common services:
Storage space
The client can use storage space associated with an assortment of elements that constitute a website accessible through the Internet.
Overblog will manage all configurations necessary for hosting and enabling third parties to access services made available online. The client can use his/her site in any way he/she chooses, to the extent that such use is in compliance with the laws and regulations in France and/or in the territory where he/she resides.
Advanced features Overblog provides the client with a selection of features, which are described on the site www.over-blog.com.
Advertising is removed on our various Premium offers (and it will remain so for our annual Premium offers). If the number of page views were to regularly exceed the 3000 page views per month for the monthly subscription, Overblog might have to disable this option for the blog.
Password protection makes it possible to limit access to all pages of its administration by an identifier and password.
The Premium Individual and Business offer consists of these additional services:
Domain name
The Premium Pack includes the leasing of a domain name for a specified period by the duration of the subscription of its subscribed offer. Once payment to Overblog has been confirmed, the company agrees to begin the process of registering the domain name requested by the client through competent organizations.
Once registered, the domain name being leased by the client will replace the previous address of his/her blog.Neither the client or Overblog shall be, under any circumstances, the owners of the domain name registered in this manner. Overblog contracts with the domain name registration organization for the right to use the domain name for a period of one year, a right it automatically passes on to the customer for the duration of his/her subscription to the Premium Pack. Webedia reserves the right to resell the domain to the customer of a Premium Individual or Business monthly who would request it if its subscription was less than one year.
Since the choice of a domain name by the client is personal and unique, both in terms of the name and the chosen extension, the client acknowledges that this domain name constitutes a custom-made or, at the very least, a distinctly personalized item. Therefore, the client does not have any right of withdrawal under the contract, in accordance with Article L121-21-8 3° of the Consumer Code.
Electronic mail
Overblog offers electronic mail services to all of its clients, but assumes no responsibility for the completeness of the messages delivered to the client's mailbox. The client agrees not to use these mail features to send mass mailings to people who do not wish to receive them.
Overblog reserves the right, at any time and without notice, to remove any or all client e-mail addresses if the company considers that they are being used in ways that are not in accordance with French law and/or the laws of the territory in which a client resides.
Advanced features Overblog provides the client with a selection of features, which are described on the site www.over-blog.com.
Royalties Partnership Contract
There are two conditions to access the “Royalties Partnership Contract”: the blog must be older than 30 days and be linked with individual or business Premium plan. Only the blog owner can activate the partnership and generate revenues with the blog. For people under 18, the Partnership is accessible, however it is necessary that your legal guardian complete and sign the part about him in the fields provided for this purpose in the “Royalties Partnership Contract”. Sources of non-natural traffic are prohibited (autosurf, link exchange network). In case of fraud, or if that the blog violates our general conditions of use (incitement to hatred, violence, xenophobia etc.) the payment will be refused and the partnership contract will be cancelled without any way to sign a new one.
Social hub
The customer has the possibility to connect one or more social networks (Facebook, Instagram ...) predefined to automatically feed his blog articles. In the event that a blog generates more than 100 (one hundred) article creations per day with its hub, Overblog keeps the ability to disable or remove the connection from a hub offending.
Because social networks used for the hub are subject to change outside of our control (modification of their API, service limitations, deletion, …), it can happen that a hub stops working. That’s why we don’t guarantee the continuous operation of a connected hub.
Article 4 - CLIENT RESPONSIBILITY
Before purchasing a Premium Pack, the client provides an electronic signature, which constitutes agreement with the Overblog Terms and Conditions. These conditions remain valid and applicable as long as the client is using Premium Pack features.
The client agrees to inform Overblog of any changes to his/her situation (specifically change of address, change of bank, etc.).
The client is solely responsible for the domain name he/she chose and had registered. It is his/her responsibility to make every effort to ensure that the name does not violate laws and regulations in force, and that it does not infringe the rights of third parties or trademarks.
Overblog shall in no way be held responsible for any legal action, settlements or litigation, which may be required or brought against the client subsequent to registration of a domain name.
The client agrees to indemnify Overblog from any judgment that may be entered against him/her, whether due to domain name registration or, more generally, the content of his/her blog or storage space.
The customer who opts for an external domain recognizes that he must ensure himself of his good configuration. Otherwise, Overblog will not be liable for any unavailability.
Article 5 - PRIOR ACCEPTANCE OF ADMINISTRATIVE AND TECHNICAL RULES OF NAMING, AND THE RULES OF DISPUTE RESOLUTION
Any request for domain name reservation implies the prior acceptance, without reserve, of the administrative and technical rules of naming that govern the requested level of domain name registration, as well as the acceptance of the rules, if any, pertaining to dispute resolution in the case of conflicts between the owner of the domain name and any third parties claiming rights to all or part of the name.
The administrative and technical rules for naming and the rules for dispute resolution related to registration of the .com, .net, and .org level domains are available on the Internic website at http://www.internic.net and that of ICANN at http://www.icann.org.
Article 6 - PRICE AND PAYMENT FOR SERVICE
Fees are payable upon order placement. Overblog reserves the right to apply any possible variations of taxes to its own fees. For this reason, stated annual and maintenance fees may be subject to change with these variations. Overblog reserves the right to add, without prior notice, any new tax or increase of existing taxes to the aforementioned annual and maintenance fees.
The client is aware and agrees that he/she has no right to cancellation once he/she has paid for the Premium Pack.
Article 7 - EFFECTIVE DATE OF RESERVATION
The reservation of the domain name will be effective as soon as the databases of the relevant agencies are updated, or upon confirmation sent to the client via e-mail by Overblog.
Article 8 - SUSPENSION OF THE CONTRACT AND REFUSAL TO TRANSFER
In the event that the client does not fulfill his/her obligations, Overblog reserves the right to suspend, without notice, all services provided, without conferring to the client any right to any indemnity that may arise from this suspension.
Overblog reserves the right to oppose the transfer of one or more domain names if the customer is in default of payment for the reservation of one of these domain names, or for any other service provided under this contract.
Article 9 - TRANSFERABILITY OF THE CONTRACT BY OVERBLOG
Overblog reserves the right to surrender, transfer, or give to a third party, in any form, the rights and obligations arising from the present contract.
Article 10 – PERSONAL INFORMATION AND PRIVACY
Protecting personal data is very important to us – nevertheless, collecting, processing and using such data is indispensable for operating. The Company will collect, process and use personal data exclusively in compliance with the applicable statutory provisions governing the protection of data.
The client may exercise at any moment his/her right to access and correct all personal information provided to Overblog through the order form.
The user is aware and agrees that, although Overblog, as a provider of hosting, is bound to professional secrecy, it is because it sells domain names, legally obligated to make public information provided by the user (such as name, address, e-mail address, phone and fax numbers, domain name, DNS, and IP addresses of the domain name servers). This information is included, in accordance with the rules imposed by ICANN and the NIC, in the Whois database and the Whois extract for the user's domain name. The user consents to the sharing of personal information in the context of the purchase of his/her domain name.
Article 11 - APPLICABLE LAW - JURISDICTION
The customer may exercise its individual right of access and rectification with Overblog, in accordance with the provisions of French Law No. 78-17 of 6 January 1978, for all information provided as part of the order form.
The user declares himself informed that if the company Webedia, within the framework of its hosting activity, is subject to professional secrecy (Article 6-III-2 of the law of June 21, 2004), the latter, as part of its domain name sales activity, is legally obliged to make public the information communicated by the user (such as name, address, email address electronic mail, telephone and fax number, Domain Name, DNS and IP addresses of the domain name servers) for purposes of inclusion, following the rules imposed by ICANN as well as the NICs, in the Whois Base and the Whois Extract of the user's Domain Name. The user declares consent to this communication of personal information as part of purchasing your domain name.
The customer acknowledges that he/she is acting as the data controller for the personal data processed by Webedia on behalf of the customer and as defined in the personal data protection personal data protection policy.
The customer is also informed of the regulations applicable to the deposit of cookies and described in article 82 of French law no. 78-17 of 6 January 1978 and article 5(3) of European directive 2002/58/CE of 12 July 2002. The customer is solely responsible for the cookies and scripts he inserts into his blog and guarantees Overblog of any related condemnation that could be pronounced against him.
Overblog takes the necessary measures to condition the execution of cookies until their acceptance by the user is available to the customer in his personal space a feature to deactivate this conditioning under the sole responsibility of the customer.
Article 12 - LEGAL INFORMATION
Overblog is an international trademark registered including in United States of America and Europe.
Site www.overblog.com is published by:
Webedia
Capital of € 1.270.837,00
2 rue Paul Vaillant Couturier
92532 Levallois-Perret
France
Phone: +33 811 69 41 42
Siret 501 106 520 00049
VAT FR89501106520
For your payments, please send them to:
Webedia - Overblog
1 place Occitane
bât. le Sully
31000 Toulouse
France
Site servers are hosted in France by Webedia.