CLOUD SPECIAL TERMS

These Cloud Specific Terms (hereinafter "Cloud ST") supplement Winheberg's General Terms of Use and Sale (GTSU). They govern specifically:

• Web hosting services managed through Plesk
• Web reseller hosting services managed through Plesk
• Discord bots, hosted and administered through a dedicated panel

In the event of a divergence between the GTSU and these Cloud ST, the latter shall prevail for everything concerning the Cloud services (web hosting, web reseller and Discord bots).

Article 1 – Purpose

The purpose of these Cloud ST is to define the specific conditions applicable to the supply, use and management of the Cloud services offered by Winheberg (hereinafter "Cloud Services"):

• Web hosting through Plesk: provision of space to host one or more websites/web applications.
• Web reseller hosting through Plesk: provision of an environment allowing the Client to manage and resell web hosting services under its own responsibility.
• Discord bots: hosting and execution of Discord bot scripts, administered through a dedicated panel.

The "Discord Bot" service is intended exclusively for hosting and running bots or scripts that operate with the Discord API. Any use of the panel to host bots or automations intended for other platforms (Telegram, Slack, WhatsApp and so on) falls outside the contractual scope of this offering. Winheberg reserves the right to suspend such non-compliant use after notification, or to invite the Client to take out a more suitable offering (VPS, generic hosting).

Article 2 – Orders

Orders are placed online through the Winheberg client area (billing.winheberg.com). An order is validated once payment has been received and confirmed. Winheberg reserves the right to refuse or cancel any order where abuse, fraud or non-payment is suspected.

Article 3 – Winheberg's obligations and liability

Winheberg undertakes to provide the Cloud services within an indicative time of 60 seconds after payment is received. Delays may occur, in particular where stock is unavailable, where payment requires manual validation, or during anti-fraud checks. Winheberg will inform the Client of any significant delay.

If the service has not been provided within 24 hours, the Client may request a refund, either through the original payment method or as a credit in the client area, according to the terms agreed.

Winheberg cannot be held liable for delays caused by external factors (malfunctions at third-party suppliers, connectivity problems on the Client's side and so on).

Article 4 – Client obligations and liability

The Client is solely responsible for administering, configuring and securing its Cloud service through the management panel, which includes in particular:

• Installing and updating software and plugins on the service.
• Managing access (user accounts, passwords).
• Applying security patches to the service and to the applications hosted.

The Client must ensure that its Cloud service is configured in a secure environment, following network and system security best practice. The Client is also responsible for putting regular backups in place to protect its data.

4.1 Lawful use

Any use of the Cloud services (web hosting or Discord bot) for unlawful purposes — such as exploiting vulnerabilities to carry out attacks (DDoS, port scanning), distributing inappropriate or violent content, spam, phishing, or hosting malware — is strictly prohibited. Winheberg reserves the right to suspend the service immediately and without notice where this policy is breached. Prior notice may nonetheless be sent to the Client where the breach is minor, in which case the Client may remedy the situation within a reasonable period. The Client remains liable for all legal consequences arising from the unlawful or non-compliant use of its Cloud service.

4.2 Analysis and security technologies

Winheberg deploys advanced analysis technologies to detect any potentially malicious or fraudulent activity on the Cloud services. These tools may in particular analyse:

• Network traffic (protocols, logs) to identify suspicious behaviour (phishing, spam, DDoS, intrusion and so on).
• The IPv4 addresses in our blocks, analysed using specialised tools that monitor their use and detect any suspicious activity.
• Files hosted on the server, to detect cryptocurrency mining software or malicious monitoring software such as spyware, keyloggers or any other harmful program. Imunify360 (CloudLinux Inc.) is used to scan these files.
• Web log analysis (Plesk): the logs of web servers running under Plesk may be analysed in order to detect any malicious or suspicious activity. This mechanism improves security by identifying abnormal behaviour and intrusion attempts, and by strengthening the protection of the web hosting services.

The Client acknowledges that these analyses are necessary to maintain the security and integrity of the Cloud services. Where suspicious or unlawful activity is detected, Winheberg reserves the right to suspend or terminate the service without notice, in accordance with Article 5.

4.3 Technical logs

In addition to the logs common to all services defined in Article 6 of the GTSU, Winheberg collects the following technical logs specific to Cloud services:

• Access logs for the web administration panel: connecting IP address, timestamp, action performed.

The legal basis, the purposes and the arrangements for disclosure to the authorities are those set out in Article 6 of the GTSU. The applicable retention periods are specified in Winheberg's Privacy Policy.

4.4 Backups

Web hosting (Plesk):

Winheberg takes automatic incremental backups of the web hosting spaces managed through Plesk. These backups are kept on a rolling 7-day basis and are accessible from the Plesk interface.

Winheberg does not guarantee the integrity, completeness or availability of these backups, which constitute technical assistance and not an obligation of result. The Client remains solely responsible for putting independent backups in place to protect its critical data, in accordance with Article 13 of the GTSU.

Discord bots:

As Discord bots are hosted and administered through the game server management panel, the applicable backup arrangements are those set out in Article 4.4 of the Gaming Specific Terms. Winheberg performs no automatic backups for this service.

4.5 Portability and data export

At any time during the term of the contract, the Client may retrieve the hosted data by the following means, depending on the service taken out:

Web hosting (Plesk):

• Downloading a full backup (files and databases) directly from the Plesk interface;
• FTP/SFTP access allowing the Client to transfer its files by its own means.

Discord bots:

• Creating and downloading a backup from the management panel, or through SFTP access allowing the Client to transfer its files by its own means.

Where the service is suspended for non-payment, Winheberg may temporarily start the service so that the Client can retrieve its data, upon a request submitted through a support ticket.

4.6 Prohibition on hosting sensitive data

The Client expressly undertakes not to host, transmit or process through its Cloud services the following categories of personal data:

1. Health data (Art. L. 1111-2 of the French Public Health Code);
2. Biometric data (Art. 9(1) GDPR);
3. Genetic data (Art. 4(13) GDPR);
4. Data relating to criminal convictions and offences (Art. 10 GDPR);
5. Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or concerning sex life and sexual orientation (Art. 9(1) GDPR).

Where a breach is detected, Winheberg will proceed with:

• Immediate suspension without prior notice;
• Automatic termination of the contract 48 hours after notification, with no refund;
• Permanent deletion of the hosted data;
• Reporting to the authorities (CNIL, law enforcement) where appropriate.

Winheberg cannot be held liable for any damage resulting from the unauthorised hosting of such data or from its deletion under this clause.

For sensitive data hosting needs, consult the official list of HDS-certified hosting providers: https://esante.gouv.fr/offres-services/hds/liste-des-hebergeurs-certifies

Article 5 – Abuse policy and suspension

The general rules on the abuse policy, suspension measures and applicable consequences are set out in Articles 17.1 and 17.2 of the GTSU. Those provisions apply as of right to Cloud services.

Where measures specific to the Cloud service are required (antivirus scans, temporary blocks, temporary preservation of evidence), Winheberg will apply them in addition to the GTSU and will inform the Client through the client area.

Article 6 – Technical support

6.1 Access to support

The Client may contact Winheberg's technical support through the client area, by email or by telephone. Requests may be sent at any time through the ticket system built into the cloud management platform.

6.2 Support hours

Support is available 24/7 through the ticket system. Response times may vary depending on the urgency and nature of the request.

6.3 Support coverage

Technical support covers:

• Issues relating to the availability of the cloud hosting services (outages, technical malfunctions).
• Issues specific to the cloud management platform or the infrastructure.

The internal configuration of the cloud hosting services (applications, configurations, custom settings) is the Client's responsibility, unless a specific support offering or a dedicated assistance service has been taken out.

6.4 Response time

Winheberg endeavours to respond to requests within an indicative time of 48 hours, Monday to Sunday. This time may vary with request volumes and periods of heavy activity. Urgent requests, such as critical service interruptions, are handled as a priority.

6.5 Nature of the support commitments

Support is available 24/7 for opening and receiving tickets. The contractual handling and first-response times remain those set out in these Cloud ST.

Article 7 – Changes and developments

7.1 Changes to the terms

Winheberg reserves the right to amend at any time the specific terms of use of the Cloud services (web hosting, web reseller and Discord bots). Any change will be communicated to the Client by email or through the client area.

For business clients: Changes take effect after a 15-day notice period following their notification.

For consumers: Changes take effect 30 days after their notification. The Client has 30 days to accept the new terms or terminate the service without penalty. Failure to terminate within that period constitutes acceptance of the new terms.

7.2 Service developments

Winheberg may make technical changes or updates to the Cloud services, including web hosting, web reseller and Discord bots, in order to improve their performance, security or compatibility. Significant changes will be notified to the Client through the client area.

7.3 Scheduled maintenance

Routine or urgent maintenance may be required to ensure the availability and security of the Cloud services. Winheberg will inform Clients of planned interruptions as promptly as possible. In the case of urgent maintenance, the information may be communicated after the work has been carried out.

Article 8 – Service level (SLA)

The service level (SLA) applicable to the Cloud services is defined in Article 4 of the GTSU. The availability commitments, the pro rata compensation arrangements and the reporting procedure are set out there.

Article 9 – Hosting provider status

The provisions relating to Winheberg's status as a hosting provider for the Cloud services (web hosting through Plesk, web reseller through Plesk and Discord bots) are set out in Article 14 of the GTSU (Hosting Provider Status and LCEN / DSA Obligations).

A Client using the Cloud services is regarded as the publisher of the content it hosts and is solely responsible for the websites, scripts, programs (in particular Discord bots), databases and files stored on its service.

Anyone wishing to report unlawful content hosted on the Cloud services may send a notification to: abuse@winheberg.com, in accordance with the provisions of Article 14.3 of the GTSU.

Article 10 – Governing law

10.1 Governing law

These Cloud ST are governed by French law. Any dispute shall be submitted to the courts having jurisdiction over Winheberg's registered office.

10.2 Dispute resolution

For business clients: Any dispute relating to these Cloud ST shall be submitted to the courts having jurisdiction over Winheberg's registered office.

For consumers: The protective provisions of the French Consumer Code apply. Territorial jurisdiction remains that provided for by the law applicable to consumers.

Consumer mediation: In accordance with Articles L612-1 et seq. of the French Consumer Code, a Consumer Client has the right to use a consumer mediator free of charge to settle a dispute amicably, after having unsuccessfully attempted to resolve it directly with Winheberg. The contact details of the competent consumer mediator will be provided by Winheberg once appointed, in accordance with Article L616-1 of the French Consumer Code. For cross-border disputes, the Consumer may contact the European Consumer Centre France (ECC France): https://www.europe-consommateurs.eu/fr/

The Client undertakes to contact Winheberg's customer service to resolve any disagreement amicably before taking legal action.