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 includes the leasing of a domain of the .com, .fr, .net, .org and .me level for a minimum period of 1 (one) year.
Article 2 - DURATION
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 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 Premium pack is comprised of the following services:
The Premium Pack includes the leasing of a domain name for a specified period. 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.
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.
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.
The ability to remove advertising is one of those features.It remains at the customer subscribing a premium offering in his administration and will not be challenged in time throughout his subscription.
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.
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
This contract is governed by United States laws. Any dispute concerning the interpretation or execution of these terms and conditions falls under the jurisdiction of the enforcing jurisdiction of the headquarters of the company OverBlog.
OverBlog Inc respects all laws of United States of America and especially the Digital Millenium Act. By consequences, Overblog Inc may have to communicate any informations to American authorities which would be permitted for such a things, that the Publishers understand and accept unconditional.
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:
Capital of € 1.270.837,00
2 rue Paul Vaillant Couturier
Phone: +33 811 69 41 42
Siret 501 106 520 00049
Site servers are hosted in France by Webedia.