GAMING SPECIAL TERMS

These Gaming Specific Terms ("Gaming ST") supplement Winheberg's General Terms of Use and Sale (GTSU). They govern specifically the hosting of game servers such as:

• Minecraft (Java and Bedrock)
• FiveM, RedM, Nova-Life
• Palworld, Enshrouded
• BeamMP, BeamNG
• Garry's Mod, Satisfactory, Rust
• Ark Survival Evolved, Ark Survival Ascended
• Call of Duty, Counter-Strike 2
• Valheim, Sons of the Forest, Unturned
• 7 Days to Die, Arma 3, Assetto Corsa
• Factorio, Hytale
• Path of Titan, Project Zomboid, SCUM
• Stardew Valley, Terraria, V Rising, Vintage Story
• And any other game compatible with our infrastructure

In the event of a contradiction between these Gaming ST and the GTSU, these Gaming ST shall prevail for everything concerning the "gaming" part.

Article 1 – Purpose

The purpose of these Gaming ST is to define the specific conditions applicable to the provision, management and use of game servers (hereinafter "Gaming Servers").

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 deliver game server orders 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 delivery has not taken place 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 game server through the management panel, which includes in particular:

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

The Client must ensure that its game server 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 a game server for unlawful purposes — such as exploiting vulnerabilities to carry out attacks (DDoS, port scanning), distributing inappropriate or violent content, 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.

4.2 Analysis and security technologies

Winheberg deploys advanced analysis technologies to detect any potentially malicious or fraudulent activity on game servers. 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.

The Client accepts that these analyses are necessary to maintain the security and integrity of the game servers. In the event of suspicious or manifestly unlawful activity, Winheberg may 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 Gaming services:

• Access logs for the game server management panel: connecting IP address, timestamp, action performed;
• Game server console logs: application console output and error messages generated by the server process.

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

Winheberg performs no automatic backups for game servers. The Client is solely responsible for backing up its data (configurations, worlds, plugins) from the management panel, which provides manual backup tools.

Winheberg cannot be held liable for any loss of data resulting from the Client's failure to take backups.

4.5 Portability and data export

At any time during the term of the contract, the Client may retrieve the data hosted on its game server by the following means:

• Manual backup: creating and downloading a backup directly from the management panel;
• Direct access: SFTP connection to the server, allowing the Client to transfer its files by its own means.

Where the service is suspended for non-payment, Winheberg may temporarily start the server 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 game server 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 are authoritative and apply as of right to Gaming services.

Where measures specific to the Gaming service are required (temporary preservation of evidence, particular protective actions, adapted operational timescales), Winheberg will implement 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 management panel.

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 game servers (outages, technical malfunctions).
• Issues specific to the management panel or the infrastructure.

The internal configuration of game servers (plugins, mods, 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 a critical service interruption, 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 Gaming ST.

Article 7 – Changes and developments

7.1 Changes to the terms

Winheberg reserves the right to amend the general terms of use of the game servers hosted under its gaming panel at any time. Changes 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 game servers or the gaming panel in order to improve their performance, security or compatibility. Any significant change 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 infrastructure hosting the game servers. Winheberg will inform Clients in advance of planned interruptions, except in an emergency. "Emergency" means any situation in which the continuity or security of the services is immediately compromised, such as critical security flaws, major outages or cyberattacks.

Article 8 – Service level (SLA)

The service level (SLA) applicable to game servers is defined in Article 4 of the GTSU and, as regards DDoS incidents, by the DDoS Technical Annex. The availability commitments, the pro rata compensation arrangements and the reporting procedure are set out there.

Outages attributable to game publishers (updates, failures of authentication systems such as Steam, Rockstar, Epic Games and others) are in particular excluded from the SLA calculation.

Article 9 – Governing law

9.1 Governing law

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

9.2 Dispute resolution

For business clients: Any dispute relating to these Gaming 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.