Contractual document
Special Terms — Shared application hosting
This document brings together the Special Terms of your offer and the General Terms applicable to all DINAO services. Together they form a single, indivisible contract.
Special Terms · Shared application hosting
.NET hosting · Linux PHP/MySQL hosting · WEBDEV & HFSQL · WordPress · WordPress hosting · ASP.NET · ASP Classic · PrestaShop
1. Nature of the Service
DINAO provides the Customer with hosting space on shared infrastructure, hosted in France: several sites belonging to different customers share the same server, each being isolated from the others. The resources stated in the offer are ceilings, except disk space, an overrun of which is dealt with in Article 5.
2. Allocation of responsibilities
DINAO operates the server and its services (web server, application engine, database server) and backs up the platform. The Customer remains responsible for the content it publishes, the code it deploys, its extensions and themes, its data and its access accounts.
3. Application updates
Unless the subscribed offer expressly provides for managed application services, updating the Customer's software (content management system, extensions, libraries) is the Customer's responsibility. An obsolete version exposed to a known vulnerability may give rise to the suspension measures provided for in Article 7.6 of the General Terms.
4. Shared reputation of the IP address
Since the public IP address is shared by several customers, any use liable to damage its reputation — sending of unsolicited email, distribution of malicious content, compromise of a site — engages the Customer's liability for the harm caused to the other users. Use of port 25 (outgoing SMTP) is permanently blocked, without exception.
5. Resources and overrun
5.1 Resources of the service
The Common Terms "Resource consumption and overrun", reproduced after these Special Terms, apply to the following resources:
| Resource | Category | Measurement | Overrun threshold | Measure in the absence of regularisation |
|---|---|---|---|---|
| Disk space | uncapped | daily reading of the space used by the account | space used greater than the subscribed space for seven consecutive days | no intermediate restriction: suspension from the fifteenth day (Article 6 of the Common Terms) |
| Processor and memory | shared | monitoring of the server, per site | a site using on average more than 10% of the server's processor or memory for more than two consecutive hours | execution of the site in an isolated space with limited resources |
| Disk access | shared | monitoring of the server, per site | a site generating on average more than 10% of the server's disk access for more than two consecutive hours | execution of the site in an isolated space with limited resources |
| Simultaneous connections | capped | application server parameter | not applicable: the number of simultaneous connections is that of the offer | information only |
| Network traffic | shared — reasonable use | monitoring of the server | no numerical threshold; traffic that endangers the server falls under emergency (Article 7 of the Common Terms) | emergency measure only |
5.2 Session duration
The session duration of hosted applications is limited to twenty (20) minutes, on all hosting services in this family.
5.3 Suitable offer
Where the consumption of a service persistently exceeds what shared hosting can offer, DINAO may offer the Customer a virtual private server, on which the Customer itself sets the resources it needs. This offer binds the Customer only after its express consent.
6. Backups of the Customer's data
6.1 Customer's responsibility
The Customer is responsible for backing up its data: it makes the backups of its files and databases itself, keeps them outside the Service and periodically checks that it can restore them. The backups that DINAO makes of its infrastructure under its business continuity plan (Article 17 of the General Terms) serve solely to restore the platform after an incident: they do not constitute a backup of the Customer's data and do not give rise to any return of data at its request.
6.2 Automated backup option
No backup of the Customer's data is owed outside an option. Where its offer includes one, the Customer may subscribe to an automated backup option. The data backed up, the frequency, the retention period, the quota and the place of storage (in the same data centre on separate equipment, or in a second data centre) are those of the subscribed option, as indicated at the time of order. Data are returned upon the Customer's request sent through support (Article 17 of the General Terms). The option does not release the Customer from making its own backups (Article 6.1).
7. Right of withdrawal
7.1 Principle
A Customer who is a consumer, as well as a business customer in the cases provided for in Article L221-3 of the French Consumer Code (Code de la consommation), has a period of fourteen days from the conclusion of the contract to withdraw, without having to give reasons for its decision (Article L221-18 of the same code). It exercises this right from its customer area, under the conditions of Article 12 of the General Terms.
7.2 Immediate start of the Service
The Service is brought into service upon order. Before confirming its order, the Customer expressly requests, by means of a separate checkbox, that the Service begin before the end of the withdrawal period, and acknowledges that, if it withdraws, it will pay for the service provided up to its withdrawal. This request does not cause it to lose its right of withdrawal.
7.3 Amount due and refund
In the event of withdrawal, the Customer pays an amount proportionate to the Service provided until it communicated its decision, calculated pro rata to the price of the current period (Article L221-25 of the French Consumer Code). DINAO refunds to the Customer the excess of the sums paid no later than fourteen days after being informed of its decision, using the means of payment used for the order, unless the Customer agrees to another means (Article L221-24 of the same code). The Service ends on the date of withdrawal; the Customer's data are handled under the conditions of Article 19 of the General Terms.
7.4 Renewal
Renewal of the Service extends the contract concluded at the time of order: it does not open a new right of withdrawal. A Customer who does not wish to renew deactivates automatic renewal under the conditions of Article 6.7 of the General Terms.
Common Terms · Resource consumption and overrun
Virtual private servers · Managed Docker containers · Shared application hosting · Hosted databases · Email
1. Definitions
- Capped resource: resource whose limit is enforced by the infrastructure itself, so that the Service cannot technically exceed it (for example, the number of virtual processors or the memory of a container).
- Uncapped or shared resource: resource whose consumption is not technically limited per service, or which is pooled between several customers (for example, the bandwidth of a physical server, its disk access, or the processor of a shared hosting server).
- Overrun: consumption of an uncapped or shared resource above the threshold set by the Special Terms, sustained for the duration they specify. A one-off peak is not an overrun.
2. Measurement
Consumption is measured by DINAO's monitoring tools. Their readings are authoritative between the parties; DINAO provides the Customer, on simple request, with the readings for the period in question, in accordance with Article 18 of the General Terms. No threshold may be enforced against the Customer for a resource that DINAO does not measure.
3. Capped resource reached
When a capped resource reaches its limit, the Service continues to operate within that limit. This is not an overrun: no restriction or cut-off measure is taken on that account. DINAO may inform the Customer of it and indicate the offer or tier suited to its consumption; the Customer remains free to act on it or not.
4. Information to the Customer
When an overrun is observed, DINAO informs the Customer by email sent to the account contact and by a support request opened in its customer area. The notice specifies:
- the service and resource concerned;
- the consumption recorded, the measurement period and the applicable threshold;
- the options available to the Customer (Article 5) and the time allowed;
- the measure that will be applied in the absence of a response or of regularisation;
- where the Service is provided on shared infrastructure (hosting, databases, containers), the offer of a virtual private server provided for in the paragraph "Suitable offer" of the Special Terms.
If the Customer has neither responded nor reduced its consumption, DINAO sends it a reminder four days after the notice.
5. Response period and Customer's options
The Customer has seven (7) calendar days from the notice to:
- reduce its consumption below the applicable threshold;
- subscribe to a suitable offer or tier, at the current rate. No change of offer or tier is invoiced without the Customer's express consent;
- dispute the finding, by a reasoned reply to the support request. A reasoned dispute suspends the period, once, until DINAO's reply.
Where a new overrun of the same resource occurs within six months following a restriction measure, this period is reduced to forty-eight (48) hours.
6. Measures in the absence of a response or of regularisation
On expiry of the period, if the overrun persists and the Customer has not made one of the choices in Article 5, DINAO may apply the following measures in succession, each of them notified to the Customer:
- Restriction, from the seventh day, where the Special Terms provide for one for the resource concerned: the measure they specify (throttling of bandwidth, disk access or processor, blocking of outgoing sending). The restriction is proportionate to the resource at issue, entails no loss of data and ends no later than the end of the current calendar month, unless the overrun persists.
- Suspension, from the fifteenth day if the overrun persists: the Service is suspended. The Customer is given prior notice sent no later than ninety-six (96) hours beforehand, i.e. no later than the eleventh day. The data are kept during the suspension; in accordance with Article 7.6 of the General Terms, the suspension does not release the Customer from its obligation to pay.
- Termination, from the thirtieth day if the Customer has still not regularised: the contract may be terminated as of right, pursuant to Article 7.5 of the General Terms. The data remain recoverable under the conditions of Article 19 of the General Terms.
7. Emergency
Where consumption endangers the security or stability of the infrastructure, or the service provided to other customers, DINAO may apply a restriction or suspension measure immediately and without notice, in accordance with Article 7.6 of the General Terms. DINAO informs the Customer within twenty-four (24) hours, with the readings that justify it; the procedure of Articles 4 to 6 then resumes for regularisation.
8. Lifting of measures
As soon as the Customer has reduced its consumption below the threshold or subscribed to a suitable offer, DINAO lifts the measure applied within twenty-four (24) hours, free of charge.
9. Safeguards
- DINAO always applies the lightest sufficient measure, only one at a time.
- No measure taken hereunder entails the deletion of the Customer's data, with the exception of data written outside the authorised locations where the Special Terms so provide (containers, Article 11.3).
- No change of offer, tier or rate results from an overrun without the Customer's express consent.
- Each step — notice, reminder, restriction, suspension, lifting — is recorded in the Customer's support request, where the Customer can follow its history.
