Oxygenbay™ benefits
« Turnkey » quality website development
Quick and easy, no knowledge required
Full customization with your logo, your photos, your texts
Choose your design among sumptuous design models !
Create your own personal
web pages
Optimized listing of your website in search engines
Everything is included ! Hosting and domain name
Permanent software updates and online support
Secure online administration
interface
All Oxygenbay
websites
are compliants
with the
mobile
devices !
Maximum visibility !
When you create a website with Oxygenbay packs, your website is visible from all mobile phones Apple® iPhone®, Microsoft Windows® Phone, Androïd®, ...
and all Internet      
tablets, iPad® !...               
Oxygenbay terms of use
General

These Terms of Use apply to all content and services offered by Oxygenbay. The User declares and acknowledges the Terms and Conditions of use, and is committed to fully respect them unconditionally and without restriction. Oxygenbay reserves itself the right to modify all or part at any time these Terms of Use. The User acknowledges and understand the Internet and its limitations, including its functional and technical performance, risks of interruption, the response times for consulting, querying or transferring information, risks, whatever they may be inherent in transfer of data including open network and more generally to any connection on the network.
Definitions

Customer, User or Visitor: individual browsing the Website or adult individual or corporation to the service of Oxygenbay and using the Oxygenbay website features or software.
Publisher: Society Oxygenbay domiciled 2, rue Claude Chappe - 34000 Montpellier - France.
Pack: Set of website services content management.
Option pack or optional service: Additional functionality, free or paid, available for some packs.
Administration Interface or Management Software: Oxygenbay software, protected by password, and made available to Customer during the term of their subscription. The administration interface is an online software on the servers of the company Oxygenbay, which allows the customer to manage the content of its website. The User can manage content such as photos, texts, products from its catalog and other content with the administration interface allows management.
Subject of contract

These Terms of Use are intended to define the terms and conditions under which Oxygenbay provides its products and services. They govern the contract between the company Oxygenbay defined as the editor and also called the User, Customer or Visitor.
Intellectual property and copyright

This contract is not a contract of sale of Oxygenbay software. It contains no assignment or transfer of intellectual property for the benefit of the Client. The contents of all types (text, images, animations, videos, ...) which appear or are available on Oxygenbay websites are protected under copyright and other intellectual property rights and are the property of their respective owners. The Oxygenbay website databases are the property of Oxygenbay and are protected by the provisions of the Act of July, 1st, 1998 transposing into the Intellectual Property Code the European Directive of March, 11, 1996 about the legal protection of Databases
Any copying, reproduction, adaptation, alteration, modification, distribution, full or partial content of the site oxygenbay.com, by any means whatsoever, is illegal
Any use or reproduction, total or partial, of the site, its components and / or information contained therein by any means whatsoever is strictly prohibited and constitutes an infringement sanctioned by the Code of Intellectual Property, unless prior written agreement of the company Oxygenbay. The offender is liable to civil and criminal penalties including penalties specified in Articles L. 335.2 and L. 343.1 of the Code of Intellectual Property.
Oxygenbay service description

Oxygenbay provides online editorial management services to the Customer. Via an administration interface, the Customer is able publish any kind of content on its website, all of which are hosted by Oxygenbay.
Hosting

The purchase by the customer of an Oxygenbay service contains a hosting space on Oxygenbay servers. The hosting service is intended to contain all documents of the Client's website, databases and Oxygenbay management software. The hosting space is quantified in Megabytes and varies according to service purchased by the Customer. Use of this web space causes traffic data measured and expressed in gigabytes per month. The amount of traffic depends on the service purchased by the Customer. If the traffic exceeds the monthly traffic limit definied by Oxygenbay, Oxygenbay will suggest an alternative offer or an optional service to the Customer. Oxygenbay servers are equipped with data backup. However it is the Client's duty to keep a backup of all his data as it is the only one to own the original documents. Oxygenbay, in any way, can not be held responsible for events beyond its control such as loss of data, loss of benefits or other harm suffered by the Customer due to the malfunctioning of its computer servers or Internet networks. No incident in which the duration is less than forty eight hours may give rise to damages or compensation whatsoever.
Domain name

Oxygenbay offers the Customer to acquire one or more domain names via the Oxygenbay website. The availability of domain names is given by Oxygenbay for purposes only. The validity information may vary from one second to another, because domain names are purchased permanently. Thus it is possible that a name becomes unavailable between the time the Customer's payment and the purchase of the domain name by Oxygenbay, on behalf of the Client. Oxygenbay can not be held responsible for the failure of the acquisition of the domain name and will propose to the client choose another domain name under the same conditions, until the success of the purchase transaction. The domain name is stated on behalf of the Client which remains the owner for the specified time. The Customer is responsible to verify that the domain name he bought does not violate international laws in force and protection of trademarks and copyrights. At any time the client can retrieve the management of its domain name. Variable costs may be charged by Oxygenbay to transfer the management of his domain name to the Customer. Variable costs can be charged by Oxygenbay for the transfer of ownership of a domain name at the request of the customer who owns it.
Email accounts

Oxygenbay offers the customer to create email addresses with extension of its domain name. These email accounts are POP3. By default and except to pay a specific option, the maximum number of accounts that can open the client is 5 email addresses. Oxygenbay provides all the information needed to setup emails, on Customer's computer. The Customer undertakes to use the POP3 mail server Oxygenbay for his personal use or the personal use of its employees as part of its business. The Customer undertakes not to offer Oxygenbay POP3 services to others in any manner whatsoever.
Service changes

To maintain a high quality service, Oxygenbay may at any time and without notice, modify or delete any of its offers, package or option package. Customers packs are automatically updated, as long as their subscription is valid.
Customer commitments - Editorial content

The Users must ensure that they have the necessary equipment for the management of their websites.
The User declares to be the legal owner of all content that he uses for its website.
User may not store or transmit content that infringes the intellectual property rights of others, such as text, images of persons or property, trade secrets or confidential information, this list is not exhaustive.
The User is not allowed to publish insults, defamation or words likely to offend the sensibilities of minors, violent, racist, advocating war crimes and / or crimes against humanity, hate, erotic and / or pornographic and / or pedophile.
The User acknowledges that it is entirely responsible for the contents of its website which he is the only author.
The User acknowledges that he has read these Terms Of Use and that he fully agrees to them.
Customer's duties

The User will provide different informations himselfas part of its coordinates, which he guarantees, in its interest, at any time, the accuracy, sincerity and reliability. The User is able to modify and update all his informations himself, online, when he is logged to his account.
Transfer of ownership

The User is no allowed to sell to anyone and for any purpose whatsoever this contract without the permission of Oxygenbay.
User's support

Oxygenbay offers to the user a contact form available on the homepage of Oxygenbay website. The email support is free. It requires a reasonable response time from Oxygenbay team to process the request.
Accessibility of services

Oxygenbay can not be held responsible or deemed to have breached these terms and conditions for any delay or failure, when the cause of delay or failure was due to « force majeure » as defined by the « jurisprudence » of the French law. Some « exceptional events » may suspend the obligations of this contract for the duration of its existence.
Duration, suspension and termination

Subscriptions take effect from the subscription of the service user. The subscription is automatically renewed under the same conditions for a period equivalent to the initial period. Users may unsubscribe at any time using the information sent by email during the subscription. Upon termination, the User can not ne refunded. The user is able to use the service during the remaining period of subscription, if the termination is of his making and not the result of a penalty related to non-compliance with these general terms of use. In case of failure by the User to these Terms of Use, Oxygenbay reserves herself the right to suspend or terminate the account without notice or refund. The User will be informed of the suspension or termination by email.
Privacy and confidentiality of data collected

The User's personal data collected by Oxygenbay are needed to manage its user accounts. Under the Data Protection Act of January, 6, 1978, the User has a right to access, modify, rectify and delete data. The User may exercise this right by sending an mail to the following address: Oxygenbay - 2, rue Claude Chappe - 34000 Montpellier - France. Users can also view or edit their personal data by logging on « My Account », on Oxygenbay website. The automated processing of personal data on the site oxygenbay.com was registered to the french « Commission Nationale de l'Informatique et des Libertés » under number 1418419.
Governing Law and Jurisdiction

These terms of use are governed by french law and language. Upon the occurrence of a dispute concerning the execution of these terms of use, the User and Oxygenbay shall jointly seek an amicable solution. Failing amicable settlement, the court will be the « Tribunal de Commerce de Montpellier » - France. This provision is defined by express agreement of the User and Oxygenbay and shall apply in all cases.
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