Terms of Service CloudNetCare (www.CloudNetCare.com)
Applicable from 01/06/2011

The original publication of this Terms of Service is writen in French language.
This version is a translation.
If in doubt, refer to the original version which is the only legitimate one.

1.1 Publisher You are currently viewing the website www.cloudnetcare.com, published by the company NLiiVE, SAS
Capital € 20,000, RCS Nanterre: 518569736,
Registered Office: 8 rue Racine 92500 Rueil-Malmaison,
VAT No.: FR 375518569736
Tel: +33 01-75-61-03-14
email: contact@nliive.com

1.2 hosting The Website is hosted in Microsoft Windows Azure Cloud
1.3 Illegal content Any Internet user can report a content that it considers illegal by sending an email to support@cloudnetcare.com. Any incomplete notice or do not meet the conditions imposed by Section 6-1-5 of the Act on Confidence in the Digital Economy of 21 June 2004 will not be considered valid. Any notice abuse may engage the responsibility of the author, and is particularly liable to imprisonment for one year and fined 15,000 euros under Article 6-I-4 of the Act.
ARTICLE 2. DEFINITION "Customer": Any person or entity, private law or public law, registered on the site. "Data": Information and data of any kind used or created by Customer under the Service and that the Customer is and remains the holder. "Internet User": Any person or entity, private law or public law, connecting to the Site. "License SAAS" Stipulation the software usage of the benefit of the Client. "Software": A computer program made available to the Customer under the terms of the SAAS License . "Service": Operational functions of remote access software available to the Customer under this contract. "Site" Web site accessible at the URL www.cloudnetcare.com and sub-sites, mirror sites, portal and URL changes thereto.
ARTICLE 3. SCOPE The site is free access to any Internet user. Navigation on the site implies the acceptance by any Internet user of these terms. The simple connection to the site will carry full acceptance of these terms. When registering on the Site, this acceptance will be confirmed by the fact check the box corresponding to the following sentence: "I have read and accepted the terms and conditions." The Internet User recognizes to have read, understood and accept the terms without restriction. Ticking the box mentioned above will be deemed to have the same value as a handwritten signature from the Client. These general conditions apply to the relations between the parties to the exclusion of all other conditions, including those of the Client. The acceptance of these terms implies that Internet users have the legal capacity to do so, or if they have permission from a guardian or trustee if they are unable , their legal representatives if they are minors, or they hold a warrant if they act on behalf of a corporation.
4.1 Choice of Software To place an order, users can select one or more software on the site. Characteristics, means of access and duration of subscription to the Service are set forth on the Site at the date of order.
4.2 Validation of the order by the Internet If they control their convenience, users can validate it. They then accesses a form on which they can either enter their login credentials if they already have, or register on the Site by completing the registration form with personal information about them.
4.3 Payment by the Customer When they are connected or after they have fully completed the registration form, customers will be invited to make their payment being redirected if the secure payment interface.
4.4 Confirmation of the order by NLiive At the same time, NLiive Client agrees to send an email summary of the order and confirming him in treatment, containing all the information relating thereto.
5.1 Obligations of NLiive
5.1.1 Access Service NLiive agrees that the Client can connect to the Services at any time, excluding periods of maintenance. Access to the Service is using the username and password you assigned to the Customer or when subscribing to the Service. The password is the guarantee of confidentiality of information in personal space. Customer agrees not to disclose to third parties the information about its username and password. The Customer acknowledges these terms have the sole responsibility of the user IDs and passwords, and assume all the consequences of illegal or fraudulent use of them. In case of loss of password, the Customer undertakes to inform NLiive writing immediately.
5.1.3 SAAS License The Customer agrees NLiive, non-exclusive, with all the guarantees of law and fact, an end user license agreement concerning the Software or the Service objects. The license is granted for the world and for all languages. The license only covers the right to use the software remotely, with the exception of:
• Any reproduction of permanently or temporarily made available the Software, in whole or in part, by any means and in any form, including during loading, displaying, running the Software;
• Any representation, even partial, of the Software, including by way of online communications to the public or public screenings;
• Any translation, adaptation, arrangement or modification of the Software and any export or merge it with other applications. The rights to use the Software are personal and not transferable. They are valid for one user.
5.1.4 Application maintenance NLiive agrees to correct promptly upon receipt of report, any anomaly of any kind (blocking, blocking and minor semi) and propose a workaround in case of malfunction persistent.
5.1.5 Technical assistance NLiive makes available to Customer free technical support via email at: support@cloudnetcare.com or by post to: 8 rue Racine 92500 Rueil-Malmaison.
5.2 Obligation of the Customer The customer claims to have learned prior to the signing of this Agreement, the technical characteristics of the Software License and Service. The Client declares to have the necessary equipment and ideal access to use the Software and Remote Data. It is stated that the price of the Service does not include the cost of telecommunications and Internet access, which remain the responsibility of the Customer. The Customer undertakes to use the information on the Service made available for its own needs or those of its structure and contracting exclusively for the purposes referred to in this contract. The Client also agrees not to interfere with or disrupt the Services and servers NLiive and comply with any requirements, procedures, general rules that are provided by NLiive for the successful implementation of software solutions. The Customer agrees not to use the service available for an illegal purpose, such as, without this list is not exhaustive, send spam / unsolicited emails, make false, violating the security of systems or networks , store or transfer documents that are obscene, libelous, pornographic or profane, and violate the rights of third parties. The validation of the presence of a CloudNetCare control file deposed by the customer at the site root test is a conclusive evidence that the site to be tested is the sole responsibility of the customer. The customer will be held fully accountable for his use of the product, especially during a test of scalability that could be equated with a denial of service. The Customer undertakes to provide nLiiVE all means and information to facilitate the execution of maintenance services. The identification by nLiiVE of errors is subject to disclosure by the Customer of documents, information and existing elements necessary for the proper understanding of the problem. The Customer agrees to comply with the normal use of "Product" and the recommendations of nLiiVE. The Customer must comply with the specifications recommended by nLiiVE, so that requests for intervention are not caused by an environment not comply with those specifications. The Customer shall undertake any operation which directly or indirectly block or slow operations support service without prior agreement nLiiVE. The Customer agrees to maintain or to properly maintain the equipment on which the "Product" is installed . The Customer remains solely responsible for the security of its information and not disclose such information except to the extent necessary to perform the Services contemplated in this contract by nLiiVE. The Client is fully aware that the Services require constant and active cooperation with nLiiVE. It is further understood between the parties that under no circumstances nLiiVE not be held responsible for the loss or damage of any information, programs, files or databases resulting from the intervention of Maintenance Services.
6.1 Creating personal space Creating a personal space is a prerequisite to any order from a user on the site. To this end, the Internet user will be asked to provide certain personal information. Some of this information is deemed essential to the creation of personal space. The refusal by an Internet user to provide such information will preclude the creation of personal space and, incidentally, the validation of the order. The Customer undertakes to conduct a regular audit of data concerning him and to make online, from his personal space, with updates and modifications.
6.2 Closing of personal space Yes, provided The Customer has the ability to close his personal space at any time by following the procedure provided for this purpose. NLiiVE reserves the right to close the personal space of any client who commits a serious breach of these terms. If the Customer has subscribed to a subscription for prolonged access to the Service, the closing of the personal space leads to the loss of access rights to the Service without the Customer can request a refund of the price paid for the subscription. Such removal shall not be liable to constitute a lack of NLiiVE or damage to the Customer excluded, which can not claim any compensation as a result. This exclusion shall not prejudice the possibility for NLiiVE, to initiate prosecution of a judicial nature against the Customer, when the facts have warranted.
7.1 Price Fees are those displayed on the Site at the date of order. These prices are subject to change at any time by NLiiVE. Prices shown are valid on the day of the order and do not effect the future. The prices listed on the site agreed in dollars, excluding taxes and shipping costs.
7.2 Arrangements for payment The customer makes his payment by credit card. The credit card payments are done through secure transactions provided by the Banque Populaire. As part of the credit card payments, NLiiVE has access to any data relating to payment of the Customer. Payment is made directly into the hands of the bank.
7.3 Billing plan from the first payment NLiiVE or will send the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
8.1 Right of withdrawal In accordance with the law, the consumer has within seven days to exercise his right of withdrawal without any reasons or incurring penalties, except, where applicable, the cost of return. The consumer may waive this deadline in case he could not move simultaneously and where he needs to call an immediate service and necessary living conditions. In this case, it would continue to exercise his right of withdrawal without any reasons or incurring penalties. The period mentioned in the preceding paragraph shall run from the receipt for the goods or the acceptance of the offer for services. When the seven-day period expires on a Saturday, Sunday or a holiday day, it is extended until the next business day. When the right of withdrawal is exercised, the trader shall reimburse the consumer of all sums paid as soon as possible and no later than within thirty days from the date on which this right has been exercised. In addition, the amount due is, of right, bear interest at the legal rate in force. This reimbursement shall be made by any form of payment. On the proposal of business, the consumer who has exercised his right of withdrawal, however, can opt for another method of reimbursement. The right of withdrawal may be exercised for contracts to supply services if performance has begun before the deadline of seven days.
8.3 Termination of the contract on the initiative of the consumer The consumer may cancel the contract with NLiiVE by registered letter with return receipt for exceeding the date of delivery of the goods or performance of the service exceeding seven days. Consumers will be reimbursed for amounts incurred by him in the order. This clause is not applicable if the delay is due to force majeure. In such cases, the consumer agrees not to exercise any prosecution of NLiiVE and waives the cancellation of the sale under this section.
ARTICLE 9. NEWSLETTER NLIIVE By checking the box provided for that purpose or by giving their express agreement to that end, Internet users agree that NLiiVE can send them at a frequency and format of its choosing, a newsletter (newsletter) which may include information about its business. When the user checks the box provided for that purpose, he agreed to receive commercial offers from NLiiVE for products and services similar to those presented on the Site. Internet users Subscribers have the option to unsubscribe from the newsletter by clicking the link provided for this purpose, present in each of the newsletters.
10.1 CNIL - Responsible for processing NLiiVE file containing the personal data of Internet users and customers has been declared to the CNIL registered under number 1509322. The controller is Mr Jean-Baptiste Marce, domiciled in that capacity at the headquarters of NLiiVE. 10.2 Optional character of the provision of data Internet users have the option of providing free personal information about them. Providing personal information is not required for browsing the site. 10.3 Provision of data for the mandatory registration However, registering on this site involves the collection NLiiVE by a number of Internet users personal information. Internet users do not wish to provide the information required for registration will not be able to order on this Site. 10.4 Compliance with the aim of the collection of personal data Personal data collected shall be processed electronically, and are reserved exclusively NLiiVE. The data collected are necessary for the proper administration of the Site, and respect its contractual obligations by NLiiVE. This data is stored by NLiiVE in this unique quality. NLiiVE will not be used in another context or pass them on to third parties, except express consent of clients or cases provided by law. Personal data collected are not subject to any transfer abroad. 10.5 Right of access, rectification and opposition Contact information for all registered customers on this site are stored for a period of one year duration is reasonable for the proper administration of the site and normal use of the data. These data are kept under secure conditions, according to the current means of the technique, in accordance with the provisions of the Data Protection Act of 6 January 1978. According to the latter, customers have a right to object, query, access and correction of the data they provided. To do this, they just need to apply to NLiiVE in the formula to the following address: support@cloudnetcare.com, or by mail to the address of the head of NLiiVE mentioned in Article 1 of these terms.
11.1.1 Subject to the installation of cookies To allow all Internet users an optimal navigation on this site and better functioning of the various interfaces and applications, NLiiVE may proceed with the installation of a cookie on the computer terminal of the Internet user.
11.1.2 Purpose of Cookies Cookies can store information relating to navigation on the site (date, page, hours) as well as any data entered by Internet users during their visit (search, login, email, password). These cookies are meant to be kept on the workstation of the Internet for varying periods up to six months and may be read and used by NLiiVE during a subsequent visit of the Internet on this site.
11.1.3 Faculty of opposition of the Internet to the installation of cookies The Internet user has the ability to block, modify the retention period, or delete these cookies via their browser interface (usually: tools or options / privacy or confidentiality). In this case, browsing through this site will not be optimized. If disabling cookies on the systematic of the Internet browser prevents it from using certain Services, this malfunction can not in any way constitute a harm to the customer who can not claim any compensation as a result.
11.1.4 Deleting cookies implanted Internet users also have the option to delete cookies located on their computer by going to the menu of their browser for this purpose (usually tools or options / privacy or confidentiality). Such action would lose the benefit provided to Internet users through cookies.
12.1 Nature of Obligations of NLiiVE NLiiVE provide the care in providing quality service meets the specifications of these Terms. NLiiVE responds only to an obligation of means regarding the Service subject matter.
12.2 Force Majeure - In the absence of the Customer NLiiVE will not be liable in cases of force majeure or fault of Customer, as defined in this section:
12.2.1 Force majeure The meaning of these terms and conditions will be considered a force majeure enforceable against the Client an impediment, limitation or disruption of service due to fire, epidemic, explosion, earthquake, fluctuations of the band bandwidth, due to the failure of service provider, failure of transmission networks, the collapse of facilities, or fraudulent misuse of passwords, codes or references provided to the Customer, hacking, flooding, power failure, war, embargo, law, order, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of NLiiVE. In such circumstances, NLiiVE be exempt from the performance of its obligations to the extent of such prevention, restriction or that the inconvenience.
12.2.2 Failure of the Customer The meaning of these terms and conditions will be considered a fault of the Client up against it any misuse of the Service, fault, negligence, omission or failure on his part or that of its employees, non-compliance with advice given by NLiiVE on its website, any unauthorized disclosure or use of the password, codes and references of the Client and the intelligence of misinformation or lack of update such information in his personal space. Will also be considered a fault of the Client implementation of any technical process, such as robots or automated queries, whose implementation would violate the letter or spirit of these general conditions of sale.
12.3 Technical Issues - Hyperlinks If unable to access the Site, due to technical problems of any kind, the Customer may not claim for damage and can not claim any compensation. The unavailability, even prolonged period without any limitation, one or more online services, can not be constitutive of harm to customers and can in no way lead to the award of damages from NLiiVE. The hyperlinks on the Site may refer to other websites. Responsibility for NLiiVE can not be held if the content of these sites violates the laws. Also responsible for NLiiVE can not be held if the visit by the Internet, one of these sites, caused him harm.
12.4 Damages payable by NLiiVE In the absence of statutory or regulatory provisions, the responsibility is limited to NLiiVE direct harm, staff and some suffered by the Customer and linked to the failure involved. NLiiVE will in no event be liable for consequential damages such as, including loss of data, commercial damages, loss of control, damage to brand image, disorders and loss of business profits or Clients . Similarly, under the same limits, the amount of damages charged to the NLiiVE shall in any case exceed the price of the Service ordered. ARTICLE
13.1 Ownership of NLiive on Services and Software NLiive inform the client that is and remains the owner of the property rights relating to any item of software and services available to the Client, and more generally that the IT infrastructure ( hardware and software) implementation or developed in under the Contract. The Contract does not grant the Customer any ownership rights in the Software, except the right to use personal and not transferable as a user. The provision of temporary service in accordance with the Contract can not be seen as the transfer of any intellectual property rights for the benefit of the Client, within the meaning of the French Code of Intellectual Property. The Customer agrees not to reproduce any part of the Software or any related documentation, by any means whatsoever, in any form whatsoever and in any medium whatsoever. The Client may not assign the rights and obligations under the Agreement, either as part of a temporary transfer, sub-license or any other agreement to transfer such rights and obligations. NLiive gives no other warranty than the material existence of rights objects to the end-user license. In no event shall the Client be a warranty claim or recourse against NLiive due to the infringement of a third party caused by the Service or Software.
13.2 Ownership of the Data Client The Customer remains the owner of the data processed by software and used in connection with the Service. Any processing, transmission, distribution or representation of data via the Service by the Customer are carried out under its sole responsibility and in strict compliance with laws and regulations. The Customer agrees, in particular, treat, distribute, download, or transmit through the Service as data whose operation does not violate any right of intellectual or industrial property or other proprietary right, or does not committing a criminal offense. The Customer warrants that it has all the intellectual property rights to use the data within the Service. The Customer warrants NLiive against any infringement action would be brought against him from any person claiming an intellectual property right relating to the data.
ARTICLE 14. CONVENTION OF EVIDENCE The parties expressly agree that use of the Customer's account for himself or a third party will exercise them. The registration systems NLiive are considered as proof of the date and duration of use. All material relating to the use of the account will be retained and archived by NLiive. NLiive be able to claim, especially for evidentiary purposes, any act, file, record, follow-up report, statistics on all media including computer support established, received or kept by him. These rules of evidence is a presumption that could not be reversed in the presence of evidence that the means of recording and storing NLiive were actually failing.
15.1 Governing Law These general conditions are subject to the application of French law.
15.2 Changes to these terms and conditions These general conditions are subject to change at any time by NLiiVE. The general conditions applicable to the Customer are those in effect at the time of his order or his connection to this site, any new connection to the personal space accepting taking if the new conditions. NLiiVE agrees to keep all its former general conditions and send them to any customer who so requests. 15.3 Amicable settlement of disputes Unless public policy, all disputes that may arise in connection with the execution of these terms and conditions before any legal action will be subject to the discretion of NLiiVE for an amicable settlement. It is expressly stated that requests for settlement do not suspend the time limits allowed to bring legal actions. 15.4 Wholeness The invalidity of any provision of this contract will not void the remaining provisions of the contract or in its entirety, which retain their full effect and scope. In such a case, the parties shall as far as possible replace the void provision with a valid provision that corresponds to the spirit and intent hereof. 15.5 No Waiver Lack of exercise NLiiVE rights granted him by the present can never be be construed as a waiver of those rights. 6.15 Copyright - Copyright CloudNetCare ® Copyright (c) 2010-2011 Copyright (c) 2009, nLiiVE. All rights reserved. For any questions regarding this Agreement, or if you wish to contact nLiiVE for further information, thank you email contact@nLiiVE.com

(Annex 1)
1. Description of Maintenance Services Technical Support nLiiVE work on working days during office hours of nLiiVE, except holidays. In case of unavailability of outstanding maintenance service, the Customer will be notified seven (7) days in advance. Customer will have access to technical support nLiiVE: by e-mail at the following address "support@nliive.com"; by Internet at the following address "http://www.nliive.fr."
2. Procedures for handling incidents Every mail client for a given problem will be assigned a trouble ticket. Then support requests will be processed by the CLIENT nLiiVE as follows:
A - Submission of the problem to technical support nLiiVE That the incident is reported to the technical team nLiiVE by e-mail or Web interface, the communication by the Client of the problem on the "Product" shall include any documents, information and other existing elements necessary for the proper understanding of the problem including: - Problem description (title, description, consequences of the problem); - Environment (hardware, software, third party software); - Reproduction (configuration, and instructions needed to reproduce the problem); - The customer's contact information.
B - Registration of the incident and setting the priority of this A support engineer to nLiiVE meet the client's request in time to take into account reasonable. nLiiVE acknowledge receipt and allocate a reference number of the incident to its use for subsequent contacts.
C - Treatment and how to resolve the incident The support engineer to nLiiVE attempt to reproduce the problem using the information provided by the Client. The description of the incident to allow nLiiVE to characterize. The engineer qualify the nature of the incident and try to confirm whether the problem is to use the "Product" or lack of it. If this is a problem using the "Product" by the Client and not a fault of the "Product", the engineer will strive to answer because his questions concerning the "Product" supplying all information and advice on its operation and any guidelines how to correct the incident. If this is accepted by the Client, the incident will be closed. Otherwise, an escalation procedure will be implemented and the incident will be handled by the engineering of nLiiVE as follows (Level 2). If it is a defect in the "Product", the incident will be handled by the engineering of nLiiVE for a correction of the "Product" (level 2). The support engineer to nLiiVE attempt to propose a workaround acceptable to the Client. If such a solution is found, the incident will be closed. If a workaround can not be found, nLiiVE incorporate a correction in the next update of the "product". If this does not satisfy the customer, it will inform the technical team nLiiVE immediately, which in turn will inform the direction of nLiiVE will decide how best to resolve the problem and satisfy the customer.
D - Fence Incident An incident will be closed as soon as the cause of the problem can be shown to be independent of the "Product" and / or "Product" annexes related to "Product", or when: The problem has been resolved; workaround has been properly implemented; satisfactory response was provided, or a new version of "Product", which provides a solution to the problem, is available to the client.
3. Unlimited support During the term of this Agreement, there is no limit to the number of incidents that authorized contacts will submit to the Customer Support Engineers of nLiiVE.
4. Restrictions on the Maintenance Maintenance Services are for the assistance of CloudNetCare and do not include assistance that would cover other software, hardware or operating systems that are not covered by this AGREEMENT. Maintenance Services do not cover the problems of system administration, system configuration and support for testing. Updates and new versions do not include the "Products" that sells nLiiVE, invoice or separately, or does not nLiiVE available to its customers that subscribe to the "Product". The following support services are specifically excluded: - Development of new software programs, - Modification of existing programs unless such modification is required by the rules of public policy, - Training of the Customer - Data backup, - On-site services, - Telephone support. nLiiVE will not be required to provide the services in the following cases: - The defects are due to improper use of "Product" by the Customer - Malfunctions are due to reasons external to the "Product" including but not limited to, disruption of telecommunications networks and / or electrical equipment deficiencies home, accidents or natural disasters.