REQUEST FOR WEB HOSTING
ON THE FMSH’S ONLINE NETWORK
54 boulevard Raspail - 75270 Paris cedex 06 France - Tel: 01 49 54 20 00
Computer Resources Department: svp-reseau@msh-paris.fr, Tel: 01 49 54 21 37, Fax: 01 49 54 22 67
Conditions for Hosting Web Sites on the FMSH’s Internet Network
Preamble
The present document describes the terms and conditions according to which the Fondation Maison des Sciences de l’Homme (henceforth “FMSH”) provides its local or remote hosting service for internet sites devoted to research. As with all the scientific initiatives the FMSH supports, this service functions according to principles of intellectual independence and allows research teams and their members to be completely autonomous.
1 – Hosting Conditions
Criteria for being hosted on the FMSH’s internet network are determined by sites’ compatibility with the FMSH’s mission to serve research and higher learning, current legislations, and the present Conditions.
The technical solutions selected must be jointly validated by the applicant and the FMSH’s computer department. However, in an attempt to optimize this Service’s organization and functioning, the manager of the hosted site agrees to respect the various technical constraints the FMSH imposes for creating and hosting his/her website.
It is important to note that the FMSH’s computer department can only host certain platform types. It is hence necessary that all aspects of the targeted technical infrastructure be clearly defined prior to creating the site.
2 – Authorization
Authorization to host on the network, or to partially or totally suspend hosting services, (cf. Article 8) is issued by the Foundation’s Administrator.
3 – Description of Contact Persons
Directors of institutions, of laboratories, of teams, of networks, etc. are legally responsible for the data they put online. In the case of individual sites for researchers, the latter are held responsible as they constitute the supervisory authority over information put online (laboratory, team, etc.).
Requests for website creation must indicate the name(s) of the site’s administrator, or the webmaster, when applicable. In the event that a new entity is put in charge of the site, the FMSH must be notified as quickly as possible.
4- Responsibility
The FMSH is not responsible for the content, ideas, or opinions conveyed on the sites it hosts.
The FMSH cannot be held responsible for the content of hosted sites. The person officially in charge of the site recognizes and accepts that he/she alone is responsible for information, texts, images, files, programs, or any other data found on his/her site. He/she also accepts to relieve the FMSH of any responsibility, be it related to losses, claims, litigation, damage or expenditures, including legal costs asserted by a third-party relating to his/her site.
The person in charge of the site agrees to make any declarations and obtain the necessary permissions that are foreseen by the law prior to creating the website.
The person in charge of the site agrees to ensure that the content of his/her site is in compliance with any relevant laws and regulations and does not infringe upon any third-party rights. More specifically, he/she ensures that the site:
- does not infringe upon or go against public order or good character;
- does in no way infringe upon rights to privacy and the image of third-parties;
- does not contain texts or images that are derogatory or defamatory, or which infringe upon the image or reputation of a brand or any physical or artificial person;
- does not infringe upon the intellectual property rights of any person;
- does not encourage hate, violence, suicide, racism, historical revisionism, xenophobia, or other discriminations and does not defend war crimes or crimes against humanity.
In addition, the person in charge of the site guarantees that all information, data, files, films, photographs, software, or databases belong to him/her and are not covered by copyright law.
In other cases, in order to use, reproduce, represent, or make available to the public an intellectual work belonging to a third-party and protected by law (especially, but not exclusively, software, databases, intellectual works, brands, corporate names, patents, sketches and models), the person in charge of the site agrees to obtain prior authorization or a license from the holder(s) of these rights according to the conditions stipulated by the law.
The person in charge of the site agrees not include in his/her site addresses or hypertext links to external sites that transgress the laws and regulations in force, that infringe upon third-party rights, or that violate the present Conditions. Preferably, hypertext links should send users to the home page of the site in question and be opened by a separate browser window.
The person in charge of the site agrees to act as quickly as possible if the FMSH, or any other physical or artificial person, informs him/her of an infringement upon a third-party right.
The person in charge of the site agrees not to include interactive links toward gain/profit or commercial sites. More generally, the site must not provide links to web pages that are not in compliance with the law or which infringe upon third-party rights.
The site’s contact persons agree to regularly consult messages sent by the FMSH and to reply to them as rapidly as possible. Any communication sent by the FMSH to persons in charge of sites’ indicated address is deemed to have been received and read by the Subscriber.
5 – Quality Requirement
The administrators of hosted sites agree to perform regular updates and maintain the best possible quality of their online resources.
6 – Security
Hosted sites must comply with the computer security policy used by the FMSH and hence implement the recommendations made by the Foundation’s Computer Resources Department. In the event that the person in charge of the site decides to add new functionalities after it has been installed, he/she is responsible for informing the FMSH’s Computer Resources Department.
In the event that the administrators (webmasters) of a site detect or are informed by a user of problems related to computer security, they are expected to inform the FMSH’s Computer Resources Department. The latter, depending on the nature and severity of the problems, begin a security inspection with the site’s administrator.
The FMSH’s Computer Resources Department reserves the right to take any decision it deems necessary in the event of security problems. For major problems, this may include removing the site from the internet until the problem has been corrected.
7 – Financial Conditions
As with all activities of the FMSH, hosting sites on its Internet network is a non-profit activity.
The sites hosted pay a nominal fee to help cover the network’s operating costs. The specific amount is determined by a scalable price grid fixed by the FMSH (Appendix 3). Concerning sites requiring powerful computer technologies, the hosting agreement may be amended to include conditions stipulating the precise contribution required in order to implement them.
8 – Duration
The duration of hosting agreements is two years. They may be renewed every two years by tacit agreement.
In the event of non renewal, the FMSH notifies the site administrator three months prior to the termination of service.
The present Conditions may be modified by the FMSH at any time, particularly due to technical, legal, or jurisprudential evolutions. The person in charge of the site will be notified of any changes as quickly as possible by electronic mail. He/she will then have a deadline of one month to refuse the modifications and terminate the agreement, in which case the hosting plan will be suspended. If no overt objection is made, it is deemed that the person responsible for the site has accepted the modifications.
9 – Suspensions
In the event that current legislations or the present hosting conditions are not respected, the FMSH reserves the right, depending on its evaluation of the situation, to suspend access to certain pages or data, or even, in extreme cases, to suspend the hosting service.
10 – Imprint
All sites on the FMSH’s internet network must include the logo of the “Fondation maison des sciences de l’homme” on their home page. This logo must link to the FMSH’s institutional website.
The person in charge of the site agrees to include in his/her site the following mandatory “legal notices” and to keep them updated:
“This website is edited by …………………..
Address:………………………………………...
Director of the publication and chief editor (as defined by article 93-2 of law 82-652 of July 29, 1982 on audiovisual communications): ……………………..
Contact person:………………”
The FMSH may provide persons in charge of sites with a description of the complete legal notices that are mandatory (unlike the preceding notices), as well as model contracts for uploading and protecting the content diffused.
Pour lire les fichiers pdf, télécharger Acrobat Reader