Moderation Policy and Reporting Procedure

Preamble

This policy sets out, in accordance with article 6 of French Law no. 2004-575 of 21 June 2004 for Confidence in the Digital Economy ("LCEN"), the rules applicable to content posted by users in the interactive areas of the website https://www.web-agency.app (contact forms, comments, file uploads, discussion areas), as well as the procedure for reporting manifestly unlawful content.

The website is published by Axel REGNOULT, operating under the trade name Axelo (SIRET 895 214 989 00017 — 128 rue de la Boétie, 75008 Paris, France).

Article 1 — Axelo's status (LCEN art. 6.I.2)

For content posted by third parties in the interactive areas of the website, Axelo acts as a hosting provider within the meaning of article 6.I.2 of the LCEN. As such, Axelo does not carry out a priori moderation and has no general obligation to monitor stored content.

Axelo's liability for unlawful content stored on behalf of a third party may only be engaged if it actually knew of the manifestly unlawful nature of the content, or of facts and circumstances revealing such nature, and did not act promptly to remove the content or block access to it.

Article 2 — Prohibited content

It is strictly prohibited for any user of the interactive areas of the website to post, disseminate or publish any content that is:

• unlawful or contrary to the laws and regulations in force in France and in the user's country of origin;
• defamatory, insulting or detrimental to the honour or reputation of others, including public figures;
• racist, xenophobic, antisemitic, sexist, homophobic in nature or calling for discrimination, hatred or violence against a group of persons on grounds of origin, religion, sex, sexual orientation or disability (art. 24 of the French Law of 29 July 1881 on freedom of the press);
• pornographic in nature, in particular where it is likely to be viewed by minors (art. 227-24 of the French Criminal Code);
• infringing the intellectual property rights of third parties (copyright, trademarks, designs, patents);
• containing viruses, malware, Trojan horses or any malicious code likely to alter the operation of the website or other users' terminals;
• infringing the privacy or image rights of others (art. 9 of the French Civil Code);
• inciting terrorism, glorifying crimes against humanity or acts seriously harming public order.

Article 3 — Reporting procedure (LCEN art. 6.I.5)

Any person, whether a website user or a third party, may report to Axelo content they consider manifestly unlawful, in accordance with article 6.I.5 of the LCEN.

Reporting address: legal@web-agency.app — with the subject "Report of unlawful content".

To be admissible and compliant with article 6.I.5 of the LCEN, the report must contain the following elements:

• the date of the report;
• the identity of the notifier: surname, first name(s), occupation, residence, nationality, date and place of birth for a natural person; legal form, corporate name, registered office and legal representative for a legal entity;
• the name and address of the recipient of the report (Axel REGNOULT, operating under Axelo);
• a precise description of the disputed facts and their exact location (URL of the page containing the reported content, screenshot, identifier of the message or account concerned);
• the reasons why the content should be removed, including reference to legal provisions or factual justifications;
• a copy of the correspondence sent to the author or publisher of the disputed information or activities requesting their interruption, removal or modification, or justification that the author or publisher could not be contacted.

Incomplete or manifestly abusive reports may not be processed. The fact, for any person, of presenting content or activity as unlawful in order to obtain its removal or to stop its dissemination, knowing the information to be inaccurate, is punishable by one year's imprisonment and a €15,000 fine (art. 6.I.4 LCEN).

Article 4 — Response times

Axelo acknowledges receipt of any validly filed report within a maximum of five (5) working days.

Manifestly unlawful content within the meaning of the LCEN (glorification of crimes against humanity, incitement to racial hatred, child pornography, provocation to commit terrorist acts, etc.) is removed or made inaccessible without delay as soon as Axelo actually becomes aware of it.

For other reports, Axelo carries out a case-by-case analysis. The report is processed within a reasonable period, generally not exceeding ten (10) working days. Axelo reserves the right, in case of serious doubt, to refer the matter to the competent judicial authority.

Article 5 — Retention of reports

In accordance with article 6.II of the LCEN, Axelo retains reports received and identification details of notifiers for a period of one (1) year from receipt, in order to communicate them, on judicial request, to the competent judicial authority.

Data collected as part of the reporting procedure is processed in accordance with the Privacy Policy.

Article 6 — Sanctions applicable to the user

In the event of a breach by the user of the rules of this policy, and without prejudice to any criminal or civil proceedings to which they may be subject, Axelo reserves the right, at its sole discretion and without prior formal notice, to:

• remove the disputed content or restrict access to it;
• suspend the user's account, temporarily or permanently;
• terminate the contract with the user under the conditions provided for in the GTCS and ToU;
• report the facts to the competent authorities (Public Prosecutor, PHAROS — French platform for reporting unlawful online content).

The user acknowledges that the civil and/or criminal liability of the author of unlawful content may be engaged on the basis, in particular, of the Law of 29 July 1881 on freedom of the press, the Criminal Code, the Intellectual Property Code and the Civil Code.

Article 7 — Limitation of Axelo's liability

In accordance with its status as hosting provider (art. 6.I.2 LCEN), Axelo cannot be held liable for content posted by users in the interactive areas of the website, subject to having reacted promptly to validly filed reports.

Axelo's liability shall not be engaged:

• for the content of any message, comment or file posted by a user;
• for an erroneous or fraudulent assessment of the unlawful nature of content by the notifier;
• for a moderation action carried out in good faith.

Article 8 — Governing law and jurisdiction

This policy is governed by French law. Any dispute relating to its interpretation or application shall be submitted to the French courts competent under the rules defined in article 21 of the GTCS:

• for consumer users (B2C): courts having territorial competence under the French Code of Civil Procedure, consumer mediator CM2C;
• for professional users (B2B): exclusive jurisdiction of the Paris Commercial Court.