To affirm the principles of the hosting offered by the Ouvaton cooperative and to specify Ouvaton’s policy with regard to the content of sites hosted on the servers.
The Ouvaton cooperative invites each user of its hosting services to take note of the legal elements governing them. The essential references are provided in the appendix of the present charter.
The hosting service of the Ouvaton cooperative is reserved for its members, its customers and its guests; the nominal data will not be sold or rented to third parties; no advertising will be imposed by the host on the sites; no deletion of editorial content or disclosure of data will be made without a judicial or administrative decision.
In accordance with its founding principles, when acting as a host, the Ouvaton cooperative does not authorise itself to judge whether the content of a site is illegal, illicit, or whether it infringes the rights of persons or brands. Consequently, only a court decision or a binding administrative decision can provoke the closure of a site by the cooperative.
Account holders shall endeavour to make their applications secure, to update them periodically and to protect access by using strong passwords. They provide a valid contact address (and if desired a telephone number) in their account so that they can be reached by the administrators.
The cooperative reserves the right to take off-line a site that would threaten the mutualised whole because of a too fragile password or a faulty application (not updated, for example). In such an eventuality, the account holder will be contacted without delay via his contact email address in order to solve the problem before reactivating the site.
The Ouvaton administrators will use their best efforts to ensure the proper functioning of the services provided in the hosting offer as well as the additional services provided by the cooperative (known as “shared tools”). Nevertheless, Ouvaton cannot be held responsible if some of these services are momentarily interrupted for a technical reason or beyond the control of the cooperative.
Annex: reference texts
French law no. 86-1067 of 30 September 1986 relating to the freedom of communication modified by law no. 2000-719 of 1 August 2000
In particular Art. 43-10.
I. Persons whose activity is to publish an online communication service other than private correspondence shall make available to the public :
in the case of natural persons, their surname, first name and address;
in the case of legal persons, their name or company name and their registered office
the name of the director or co-manager of the publication and, where applicable, that of the person in charge of the editorial staff within the meaning of Article 93-2 of Law No 82-652 of 29 July 1982 on audiovisual communication;
the name, designation or business name and address of the service provider mentioned in Article 43-8.
II. Persons publishing an online communication service on a non-professional basis other than for private correspondence may, in order to preserve their anonymity, make available to the public only the name, designation or business name and address of the service provider mentioned in Article 43-8, provided that they have communicated to it the personal identification details provided for in I.
French law No. 2004-575 of 21 June 2004 on confidence in the digital economy
In particular Art. I-2
2. Natural or legal persons who provide, even free of charge, for public access via online public communication services, the storage of signals, writings, images of signals, writings, images, sounds or messages of any kind provided by recipients of these services may not be held civilly liable for the activities or information stored at the request of a recipient of these services if they did not have actual knowledge of their unlawful nature or of facts and circumstances revealing such a nature or if, as soon as they had such knowledge, they acted promptly to remove this data or to render access to it impossible
French law No. 2014-1353 of 13 November 2014 reinforcing the provisions relating to the fight against terrorism
“Art. 6-1.-When justified by the needs of the fight against provocation to terrorist acts or the apology of such acts falling under Article 421-2-5 of the Criminal Code or against the dissemination of images or representations of minors falling under Article 227-23 of the same code, the administrative authority may ask any person mentioned in III of Article 6 of this law or the persons mentioned in 2 of I of the same Article 6 of this law or to the persons mentioned in Article 6(I)(2) of this law to remove content that contravenes Articles 421-2-5 and 227-23. It shall simultaneously inform the persons mentioned in Article 6(1) of this Act.