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SPECIFIC CONDITIONS FOR DEDICATED SERVERS
Version dated 25/03/2019

CLAUSE 1: PURPOSE
The purpose of this document is to define the Special Terms and Conditions, including the
terms of use and financial terms, applicable to the Zolute Dedicated Server leasing service
(hereafter the “Service(s)”). They supplement the Zolute General Terms and Conditions of
Service currently in force, which are applicable to the Service. In the event of contradiction,
these Specific Conditions and their annexes override the Zolute General Terms and
Conditions of Service.
Terms starting with a capital letter are defined in the terms and conditions below, or
otherwise in the Zolute Glossary accessible on the Zolute website.

CLAUSE 2: DESCRIPTION OF THE SERVICE
As part of the Service, Zolute makes available to the Customer various categories of server, of
which the fees, features and basic hardware and software configurations are described and
accessible online on the Zolute website. The Customer also has the use by default of a public
bandwidth the capacity of which varies according to the offer and is specified on the Zolute
website. These configurations and features change at regular intervals. It is the Customer ’s
responsibility to take note of these changes, particularly in the context of completely new
Orders.
Before choosing and using its Dedicated Server, the Customer undertakes to study carefully
each available configuration in order to select the one(s) whose features meet its needs. The
Service’s capacities may be limited. These capacity limits are specified on the Zolute website.
Servers leased from Zolute have a public, fixed, non-transferable IPv4 address attached to
them. These addresses remain the property of Zolute.
Owing to the highly technical nature of the Service, Zolute is subject only to a best-endeavours
obligation, except with regard to meeting the Service levels relating to availability of the
Infrastructure and to the response timescales laid down in the Contract, for which Zolute has
an absolute obligation.

CLAUSE 3: ORDERING AND DELIVERY
Zolute informs the Customer by e-mail of the provision of its Dedicated Server. The Dedicated
Server is provided within a maximum period of fifteen (15) days from the date of effective
payment of the order by the Customer. Beyond this time period, in the event of the Dedicated
Server not having been provided by Zolute, the Customer is entitled to request cancellation of
the transaction and a refund of the amounts already paid.
The effective online availability of the Dedicated Server determines the initial date on which
billing takes effect.
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In the event of a Customer order that is liable to have an impact on the stability of Zolute’s
infrastructures or on the performance of the Services provided to other customers of Zolute
(such as saturation of the space available within a Data Centre, etc.), Zolute reserves the right
to consult the Customer before delivering the Service for the purpose of agreeing an
alternative solution that suits the needs and constraints of the Parties.

CLAUSE 4: CONDITIONS OF USE OF THE SERVICE
4.1 General matters
Before using the Service, it is the Customer’s responsibility to familiarise itself with all its
features, including those described on the Zolute website, as well as the applicable Service
Terms and Conditions, including these terms and conditions of use, and to check that these
terms and conditions meet its needs, taking account in particular of its activities and its risk
analysis.
The Customer must have an internet connection at its disposal for connecting to the
Management interface and accessing the Service, and remains solely responsible for the
said internet connection, particularly with regard to its availability, reliability and security.
Given that the network resources provided to the Customer are shared, the Customer
undertakes not to use the Service in a manner detrimental to Zolute’s other customers. It
undertakes in particular not to use in an intensive manner the public bandwidth of which it
has the use. In such a case, Zolute reserves the right to apply limitations to this bandwidth, as
indicated on the Zolute website. The Customer may, if it so wishes, subscribe to additional
bandwidth options for the purpose of having unrestricted use of a guaranteed public
bandwidth.
The Customer has the option of itself installing software packages on its Dedicated Server.
These installations are carried out entirely at the Customer’s own risk, and Zolute cannot be
held responsible for any operating fault of the Customer’s Dedicated Server following the
said installations or adjustments to their settings.
The Customer is the administrator of the Dedicated Server provided to it. In this capacity, the
Customer confirms it possesses all the technical knowledge necessary to ensure correct
administration of the resources provided by Zolute, and to carry out the backup of data stored
on the said resources. Zolute does not carry out any backup of the Customer ’s data and
Contents. It is the Customer’s responsibility to carry out, entirely at its own risk, every
operation (such as backup, transfer to a third-party solution, Snapshot, etc.) necessary to
preserve its Contents taking account of the nature of the said Contents and of its risk
analysis, including in the event of interruption of the Services or in the event of maintenance
operations, version upgrade or update. In this capacity the Customer is reminded that
interruption of the Services, regardless of the cause (including Contract cancellation,
non-renewal, non-payment, interruption of Services by the Customer, non-compliance with
the Terms and Conditions of Service currently in force, etc.), as well as some operations to
reinstall the Services operated by the Customer, entail the automatic and irreversible deletion
of the whole of the Contents (including information, data, files, systems, applications,
websites and other elements) reproduced, stored, hosted, collected, transmitted, distributed,
published, and more generally used and/or exploited by the Customer in the context of the
Services, including their backups, if any.
Zolute has no control over the Contents stored and used by the Customer in the context of the
Service. Zolute cannot be held liable, for any reason whatsoever, including in a joint capacity,
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for the Customer’s Contents, and for the use made of them in the context of the Service,
including passing on, distribution to internet users, collection, exploitation, updating, etc.
Zolute can only warn the Customer of the legal consequences that may ensue from illegal
activities carried out either on or from the Service.
In the context of maintenance operations, Zolute may have occasion to replace an item of
equipment in order to keep the Service in an operational condition. In such cases Zolute
carries out the replacement using an item of equipment that is identical or has equivalent
features. When the equipment reference is no longer available (obsolescence, end of
production and/or market availability, etc.), and it is necessary to replace it with an item of
equipment that is more recent or that has a superior configuration, Zolute cannot guarantee
the substitute item’s compatibility with the Contents (including distributions, systems,
software and applications) installed by the Customer in the context of the Service.
4.2 Distribution
The Dedicated Servers provided to the Customer by Zolute do not have any pre-installed
distribution (or operating system). It is the Customer’s responsibility to acquire from a
publisher, from any authorised third party or from Zolute the necessary rights to use the
selected distribution on its Dedicated Server, and to pay the related fees. In this capacity
Zolute offers the Customer several choices of distribution on its website.
The versions of the various distributions compatible with the Service are mentioned on the
Zolute website, as well as on the Customer Management Interface, and are likely to change,
as can the list of compatible versions provided by Zolute according to the Service ranges
available.
The Customer is solely responsible for installing the selected distribution on its Dedicated
Server. Zolute ensures interoperability between the Service and the compatible distribution
versions. Zolute is nevertheless not responsible for the effective functioning of the said
distributions, which may among other things have errors or flaws, or result in Service
malfunctions.
The Customer is also responsible for carrying out maintenance operations and updating the
distribution installed on its Dedicated Server. The Customer accepts sole responsibility for
this and Zolute cannot be held liable in this regard for any reason whatsoever, including as a
result of operations (maintenance, updates, etc.) carried out in violation of the relevant terms
and conditions of use and/or licence, or an operating fault of the Dedicated Server following
operations thus carried out by the Customer.
Before carrying out updates or upgrades of the distribution installed on its Dedicated Server,
the Customer must satisfy itself regarding compatibility of the modification or of the new
version with the Service and take the necessary measures to ensure continuity of its data.
Zolute reserves the right to make modifications to the Service and in particular to insist on
distribution updates or upgrades in order to maintain the security of the Service and its
Infrastructures. In the event of a development necessitating such an update or upgrade, the
Customer is given reasonable advance warning, except in urgent cases such as security
risks that may necessitate immediate implementation. If the distribution update or upgrade is
not carried out following Zolute’s requests, Zolute reserves the right to interrupt the connection
of the Customer’s Service to the network.
Zolute also reserves the right to carry out any updates and/or upgrades it considers necessary
in order to maintain the security of its Infrastructures.
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4.3 API applications, tools and software
The API Applications, tools and software provided by Zolute as part of the Service must be
used in accordance with the relevant Service Terms and Conditions, including, where
applicable, Third-Party Product Conditions communicated by Zolute.
The Customer undertakes always to use the latest available versions of the API Applications,
tools and software provided by Zolute.
The Services may be used and interconnected with elements (software, systems, connected
objects, etc.) not provided by Zolute. The Customer is responsible for acquiring all the
necessary rights of use for the said elements, and pays the corresponding fees directly to the
third-party rights holders.
4.4 Location
The available Data Centres for the provision of Dedicated Servers are named on the Zolute
website or at the time of placing the Order.
When several locations are available, the Customer selects the one(s) of its choice when
placing the Order.
The Customer undertakes to comply with the legislation applicable to the jurisdiction in which
its Dedicated Server is located and its data stored.
Zolute reserves the right to suspend the Customer’s Service forthwith should it be used for an
activity that is prohibited at the physical location of the equipment provided by Zolute.
With regard to geolocated IP addresses, the Customer undertakes not use the Service in
contravention of the legislation applicable in the country where the IP address is declared. In
the event of a breach, Zolute may be forced to suspend any geolocated address associated
with the Customer.
CLAUSE 5: MEASURES FOR THE PREVENTION OF SPAMMING FROM Zolute’S
NETWORK
Zolute shall implement a system of technical measures intended to prevent the dispatch of
fraudulent emails and spam from its infrastructure.
Zolute shall monitor outgoing traffic from the Server towards port 25 (SMTP server) on the
internet, which shall involve monitoring traffic by means of automatic tools.
The outgoing traffic referred to hereabove shall be monitored by Zolute with a delay of a few
seconds, rather than being filtered or intercepted. These operations shall be conducted by
Zolute in parallel between the Server and the internet.
Zolute shall not conduct any tagging of e-mails, and shall not modify e-mails sent by the Client
in anyway whatsoever. No information shall be stored by Zolute during these operations aside
from statistical data.

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The operation in 6.4 shall be conducted regularly and in a fully-automated manner by Zolute
and the Client acknowledges that no human intervention is involved during the monitoring of
traffic to port 25 (SMTP port).
In the case of outgoing traffic from the Client’s server, including e-mails, being identified as
spam or fraudulent e-mails, Zolute shall inform the Client by e-mail and block the Server’s
SMTP port.
Zolute shall not keep any copy of e-mails sent from the Server’s SMTP port, even when they
are identified as spam.
The Client may request unblocking of the SMTP port through its management interface.
Any new e-mail identified as spam will entail a new blocking of the SMTP port by Zolute for a
longer period to be determined at Zolute’s reasonable discretion.
On the occurrence of Zolute blocking the SMTP port for a third time, Zolute reserves the right to
deny any new request for the unblocking of the SMTP port.

CLAUSE 6: MITIGATION (PROTECTION AGAINST DOS AND DDOS ATTACKS)
6.1 Zolute shall implement protection against DOS and DDOS-type hacking attempts provided
that these attacks are conducted in a manner reasonably considered to be serious enough
by Zolute to warrant such protection. In implementing such protection, Zolute shall use
reasonable endeavours to ensure that the operation of the Client’s Services is maintained
throughout the duration of a DOS or DDOS attack.
6.2 The function in clause 6.1 involves monitoring the traffic sent to the Client’s Services from
outside the Zolute’s network. The traffic identified as illegitimate shall then be rejected by Zolute
prior to reaching the Client’s infrastructure, thus allowing legitimate users to access the
applications offered by the Client in spite of the attack.
6.3 The protection measures outlined in clauses 6.1 and 6.2 shall not apply in the case of
attacks such as SQL injection, brute-force, abuse of security flaws or in similar-type attacks.
6.4 Given the nature of a potential DOS or DDOS attack and their complexity, Zolute shall
implement different levels of traffic protection in order to preserve its infrastructure and the
Services.
6.5 Mitigation of a DOS or DDOS attack is only activated on detection of the attack by Zolute’s
tools and for a minimum period of 26 hours. Until activation of the mitigation, the Services
shall bear the attack directly, which may lead to the temporary unavailability of the Services.
6.6 Once the attack is identified and mitigation is automatically activated, mitigation shall not
be deactivated prior to the end of the 26-hour period.
6.7 While mitigation is activated, Zolute shall not guarantee the accessibility of the Client’s
applications but it shall endeavour to limit the impact of a DOS or DDOS attack on the
Client’s Services and on Zolute’s infrastructure.
6.8 If, in spite of the activation of mitigation, a DOS or DDOS attack is of such a nature as to
adversely affect the integrity of Zolute’s infrastructure or the infrastructure of the other clients
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of Zolute, Zolute shall strengthen its protection measures which may lead to the deterioration of
the Client’s Services or impact its availability for which Zolute shall not be liable.
6.9 Where part of the traffic generated by a DOS or DDOS attack is not detected by Zolute’s
equipment and reaches the Client’s Services, the effectiveness of the mitigation shall also
depend on the appropriate configuration of the Client’s Services. In this regard, the Client
must ensure that it has the adequate resources to administer the configuration of the Client’s
Services properly.
6.10 The Client shall be solely responsible for ensuring it secures its Services, implementing
security tools (firewall, etc.), periodically updating its system, backing up its data and for
ensuring the security of its software (scripts, codes etc.).
The Client may trigger early activation of mitigation on its Services, although the Client
acknowledges and accepts that activation of mitigation may directly impact the quality of its
Services and that Zolute accepts no responsibility for this.

CLAUSE 7: SERVICE LEVEL AGREEMENTS (SLAs)
When the Service is unavailable or is experiencing malfunctions for which Zolute may be held
responsible, it is the Customer’s responsibility to contact the staff of Zolute and to open a
support ticket from its management Interface.
Zolute undertakes to ensure Service levels relating to availability of the Dedicated Server and
to response and resolution times. In the event of these SLAs not being met, compensation
will apply as follows:
Service

Compensation

Availability of the Dedicated Server

Credit of 5% of the monthly cost of the unavailable
Dedicated Servers, for each one (1) hour of
unavailability begun in excess of the SLA, limited to
100% of the said monthly cost.

Guaranteed response time*, Level 1 Credit of 5% of the monthly cost of the unavailable
Incident
Dedicated Server, for each one (1) hour of
(Dedicated Hardware Server)
unavailability begun in excess of the SLA, limited to
100% of the said monthly cost.
Guaranteed resolution time**, Level 1 Credit of 5% of the monthly cost of the unavailable
Incident
Dedicated Server, for each one (1) hour of
(Dedicated Hardware Server)
unavailability begun in excess of the SLA, limited to
100% of the said monthly cost.
Guaranteed response time*, Level 2 Credit of 5% of the monthly cost of the affected
Incident
Dedicated Server, for each one (1) hour of
(Performance of Dedicated Server)
unavailability begun in excess of the SLA, limited to
100% of the said monthly cost.
(*) The response time is calculated with effect from creation of the support ticket. “Response”
means the initial response to the support ticket by Zolute technical staff and not resolution of
the Incident.
(**) The resolution time is calculated with effect from the start of the response. “Resolution”
means solely the restored availability of the unavailable Dedicated Server or replacement of
the said Dedicated Server in the event of a fault, excluding restoration of data, systems and
applications that were stored and/or installed by the Customer on the unavailable Dedicated
Server.
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“Level 1 Incident” is to be understood as meaning any Incident resulting in total nonavailability of the Dedicated Servers, such as hardware problems (Power Outage, Disk fault,
etc.)

“Level 2 Incident” is to be understood as meaning any Incident resulting in substantial
deterioration in the performance of the Dedicated Servers such as latency problems, delayed
access times, performance problems, slowed-down applications, etc.

“Monthly availability rate” is to be understood as meaning: the total number of minutes in
the month concerned less the number of minutes of non-availability in the month in question,
the total being divided by the total number of minutes in the month in question. For the
purpose of calculating compensation, non-availability is calculated with effect from the
opening of the support ticket, until resolution of the malfunction.

“Unavailability” is to be understood as meaning the impossibility of accessing the public
IPv4 address of one or more Dedicated Servers owing to a fault or malfunction of an item of
Zolute equipment (network or other). Faults and malfunctions of Zolute equipment that do not
prevent access to the Dedicated Servers are not considered as non-availability.
The above Service Level Agreements are undertaken subject to the exclusions set out
above, and on condition that the Customer cooperates with Zolute to restore the Service in the
event of non-availability.
When declaring the Incident and creating the ticket, the Customer gives Zolute all the relevant
information needed for Zolute’s diagnosis and response. The Customer undertakes to remain
available at all times for the purpose of cooperating with Zolute immediately upon request,
including supplying it with any additional information, and carrying out all necessary tests and
checks. If necessary, the Customer gives Zolute access to its Management Interface. If the
Customer is not available or does not cooperate with Zolute, this guarantee will not apply.
It is expressly agreed that the compensation payments set out above constitute, for the
Customer, an all-inclusive payment for all loss or damage resulting from Zolute’s failure to
meet the service agreements in question; and as such the Customer waives any right to any
other request, complaint or action.
If a single event results in failure to fulfil more than one of the Service Level Agreements
described above, multiple compensation payments will not apply. In such a case, the
compensation payment most favourable to the Customer will apply. In the same way, the
total amount of penalty payments made during a single month, for all events combined,
cannot exceed the total monthly cost of the affected Service.
Compensation payments are made by deduction from the invoice for the month following
receipt by Zolute of the Customer’s request for compensation. If more than a month has
elapsed since closure of the relevant support ticket, compensation can no longer be
requested by the Customer.
The Customer cannot in any circumstances rely on this Clause to claim the compensation
payments set out above in the event of non-availability resulting wholly or in part from
(i) events or factors beyond the control of Zolute such as but not limited to instances of force
majeure, act of a third party, malfunction or misuse of equipment or software within the
Customer’s control, (ii) the Customer’s failure to fulfil its obligations as set out in this Contract
(including lack of cooperation to resolve the Incident), (iii) misuse or inappropriate use of the
Service by the Customer (including incorrect or inappropriate network configuration),
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(iv) planned maintenance, (v) suspension occurring within the terms and conditions set out in
the General Terms and Conditions of Service or (vi) hacking or software piracy. In such
cases, and subject to point (iv), Zolute reserves the right to invoice the Customer for any
support provided to restore availability. A quotation for this support will be submitted to the
Customer for authorisation.
The causes of unavailability, including instances of the exclusions defined above, are
established by Zolute by whatever means it sees fit, including on the basis of elements of
Zolute’s information system (such as connection data) which, by express agreement, will be
admissible.

CLAUSE 8: SERVICE FEE, DURATION, RENEWAL AND CANCELLATION
The fee varies according to the range of server and the lease period (the “Initial Period”)
selected by the Customer when placing the Order. Only the fee shown on the order form
issued by Zolute corresponds to the total amount payable by the Customer.
At the time the Order is placed, as well as each time the Service is renewed, an invoice is
issued and is settled by automatic payment via the means of payment registered by the
Customer. The Customer undertakes to register a valid means of payment on its Zolute
Customer Account from among the available means of payment.
It is the Customer’s responsibility to determine precisely which offer best meets its needs,
and the offer cannot subsequently be altered during the term of performance of the Contract.
The Initial Period starts on the day the Dedicated Server is effectively provided. At the end of
the Initial Period, the lease period renews automatically for successive periods of the same
duration (the “Renewal Period(s)”), except where the duration of the Renewal Period is
altered or the Service is cancelled in accordance with the above terms and conditions or the
General Terms and Conditions of Service in force at that time.
The Customer can alter the duration of future Renewal Periods of its Services via its
Management Interface, at least 24 hours before the end of the Initial Period or the current
Renewal Period.
When the Initial Period does not start on the first day of a calendar month (mid-month start),
the Service renewal cycle is realigned with a calendar cycle upon the first renewal so that
subsequent Renewal Periods start on the first day of a calendar month. (For example: The
automatic renewal at the end of the Initial Period of a Service initially subscribed to for one
(1) year on 24 May 2019 entails the extension of the said service for the period from 24 May
2020 to 31 May 2020).
If the Customer does not want the lease period of a Dedicated Server to be renewed at the
end of its Initial Period or the current Renewal Period (“Renewal Date”), it deactivates the
automatic payment function on its Management Interface at least 24 hours before the end of
the Initial Period or the current Renewal Period.
In the event of deactivation of the automatic payment under the above terms and conditions,
the Service concerned is automatically cancelled and withdrawn at the end of the Initial
Period or current Renewal Period (“Expiry Date”). All the Contents and data stored by the
Customer while using the Service are deleted within a maximum period of seven (7) days
starting from the Expiry Date of the said Service. The same applies whether cancellation is
immediate or made in advance. It is the Customer’s responsibility to take all necessary
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measures to ensure the preservation of the said Contents and data before cancellation of the
Service.
The Customer nevertheless still has the opportunity to renew the Service concerned by
reactivating the automatic payment function up to 24 hours before its Expiry Date, or by
paying in advance for the next Renewal Period.
Both the duration and terms and conditions of renewal and cancellation of some options and
functions that can be combined with the Service may differ from those applicable to the
Service. It is the Customer’s responsibility to take note of these.

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