Terms of Service

These Terms of Service ("Terms") set out the conditions under which Association FreshPerf ("FreshPerf", "we"), publisher of freshperf.fr, provides its hosting services - virtual private servers (VPS), game servers and related services.

Creating an account, placing an order or using a service constitutes full and unreserved acceptance of these Terms. If you do not accept them, do not use the services.

Together with the Terms of Sale and the Privacy Policy, these Terms form the entire agreement between you and us. In case of conflict, the Terms of Sale prevail on pricing, ordering, invoicing and term; these Terms prevail on everything else.

The services are available to individuals of legal age with legal capacity and to legal entities represented by a duly authorised person. You warrant that the information provided at registration and at order time is accurate, complete and kept up to date.

We may request, before or after activation, any document allowing us to verify your identity, address or payment method. Absent a reply within a reasonable time, the relevant service may be suspended.

You are solely responsible for the confidentiality of your credentials and for all activity carried out from your account, including by people you have granted access from your client area. Enabling two-factor authentication is strongly recommended. Any unauthorised use must be reported to us without delay at [email protected].

An account is personal. Selling, renting or sharing it with a third party outside the access-delegation mechanism provided by the platform is prohibited.

We provide infrastructure: compute capacity, storage, network connectivity and administration tooling. Unless a product page states otherwise, our services are self-service and unmanaged: you retain control of, and responsibility for, the operating system, software, configuration and data you deploy on them.

Technical specifications, allocated resources and options are described on the product pages and in your client area. They may change; the ones applicable to an active service are those in effect at the order date or at the last renewal.

Some features may be offered on an experimental or beta basis. They are provided as is, with no continuity commitment, and may be modified or withdrawn at any time.

You agree not to use the services, and not to allow a third party to use them, for any of the following. This list is indicative and not exhaustive.

Unlawful content and activity

• Distributing, storing or transmitting manifestly unlawful content, including child sexual abuse material, incitement to hatred, violence or terrorism, or the glorification of crimes against humanity.
• Infringing third-party intellectual property rights: counterfeiting, distributing works, software, games, mods or plugins without the required licences.
• Invasion of privacy, defamation, harassment or identity theft.

Network security and integrity

• Phishing, fraud, malware distribution, hosting command-and-control (C&C) servers or botnet panels.
• Port scanning, penetration testing, vulnerability exploitation or any attempt to gain unauthorised access to third-party systems without the written authorisation of the system owner.
• Launching denial-of-service attacks, abusing amplification services, or hosting "stress test", "booter" or "IP stresser" services.
• Operating open DNS resolvers, open SMTP relays, open proxies or Tor exit nodes.

Messaging and reputation

• Sending unsolicited bulk email, regardless of how the addresses were collected.
• Any behaviour leading to our IP ranges being blocklisted or degrading the reputation of our network.

Resource usage

• Crypto-asset mining, for-profit distributed computing and equivalent workloads, unless we agree otherwise in writing.
• Circumventing, by any means, resource limits, quotas or billing mechanisms.
• Reselling, subletting or making all or part of the services available to third parties without our prior written agreement.
• Creating multiple accounts to stack promotional offers, trial periods or referral earnings.

Game servers

• Running a game server in breach of the game publisher's licence agreement or of the terms of its tooling (notably the Minecraft EULA and the licences of the mods, plugins and modpacks you install).
• Distributing cheats, exploits, modified clients or services designed to bypass a game's protections.
• Using unlawfully obtained server software or authentication bypasses.

You are responsible for moderating your community and for ensuring that your own users and players comply with the rules above.

You remain the sole owner of, and solely responsible for, the content, data, software and configuration you deploy on the services. You warrant that you hold all necessary rights and authorisations.

FreshPerf acts as a technical hosting provider within the meaning of French Act No. 2004-575 of 21 June 2004 on confidence in the digital economy. Accordingly, we exercise no prior editorial control and are under no general obligation to monitor hosted content.

We access the content of your instances only where necessary to deliver the service, at your request as part of support, to respond to a request from a competent authority, or to stop a security incident or a manifestly unlawful use.

You will indemnify us against any third-party claim, action or award arising from the content you host or from your use of the services, including reasonably incurred defence costs.

Any report of manifestly unlawful content hosted on our infrastructure must be sent to [email protected]. To be actionable, a report must include:

• the date of the notification;
• the identity of the notifying party (name and address, or corporate name and registered office for a legal entity);
• a precise description of the disputed facts and their exact location (URL, IP address, port, domain name);
• the grounds on which the content should be removed, with the applicable legal provisions and factual justification;
• a copy of the correspondence sent to the author or publisher of the content, or evidence that they could not be contacted.

A manifestly abusive report engages the liability of its author. We retain and disclose to judicial authorities, upon lawful request, the identification data required by law.

Resources described as unlimited or unmetered (in particular outbound traffic) are subject to fair use, meaning use consistent with the average observed on the relevant plan. We may shape throughput, temporarily cap consumption or ask you to migrate to a suitable plan where usage degrades service quality for other customers.

Some resources (CPU, disk I/O, bandwidth) are shared. We reserve the right to apply the fairness mechanisms needed to keep the platform stable.

IP addresses are assigned, not sold. They remain our property or that of our partners, are not portable, and may be changed for technical, security or reputation reasons, with reasonable notice except in an emergency. Reverse DNS configuration is offered as a convenience and may be refused or revoked.

Securing what you deploy is your responsibility: system and application updates, password and key management, firewall configuration, choice of exposed ports, and monitoring of your logs.

Where an instance is compromised, takes part in an attack or threatens network integrity, we may isolate or suspend it immediately and without notice, and inform you as soon as possible afterwards. Such a measure is precautionary and gives rise to no compensation.

The denial-of-service protection measures we deploy are mitigation measures. They are not a guarantee against interruption and may, during a major attack, result in temporary filtering of traffic destined for the targeted address.

Availability commitment

We commit to a monthly availability rate of 99.95% for VPS and game servers in production.

Availability is measured per service and per elapsed calendar month. A service is deemed unavailable when it is entirely unreachable from our network, for a cause attributable to us, for a continuous period of at least five (5) minutes as recorded by our monitoring systems, which are authoritative between the parties. Degraded performance, slowness or the unavailability of an isolated feature do not constitute unavailability.

Exclusions

Interruptions resulting from the following are not counted in the availability calculation:

• scheduled maintenance announced in advance, and emergency security maintenance;
• a suspension carried out in accordance with section 11, or non-payment;
• a denial-of-service attack, the corresponding mitigation measures, or traffic filtering targeting your address;
• your operating system, software, mods, plugins, modpacks, scripts or configuration, including saturation of the resources allocated to your service;
• an action you requested or performed: reboot, reinstall, backup restore, plan change, migration;
• a third-party network, carrier, registry or DNS resolver we do not operate, or your own internet access;
• force majeure within the meaning of section 16;
• features provided on an experimental or beta basis.

Service credits

If the monthly availability recorded for a service falls below the commitment, you may request a credit calculated on the amount excluding taxes invoiced for that service for the month concerned:

The request must be sent to [email protected] within thirty (30) days of the end of the month concerned, stating the service and the periods of unavailability relied on. After that deadline the request is no longer admissible.

The credit is added to your account balance and usable on our services. It is not refundable in cash. The total credits granted for a given month cannot exceed the amount excluding taxes invoiced for the service concerned for that month. Service credits are your sole and exclusive remedy for a failure to meet the availability commitment, to the exclusion of any other compensation, without prejudice to the rights consumers derive from mandatory consumer law provisions.

Maintenance

Scheduled maintenance may cause interruptions. It is announced in advance by email, by notification in the client area or on our status page, and scheduled outside peak periods where possible. Emergency maintenance, in particular for security reasons, may be carried out without notice.

Support

Support is available through the ticket system in your client area and at [email protected]. Any stated response times are indicative and are not a contractual commitment. Support covers the infrastructure and tooling we provide; it does not cover development, administration or troubleshooting of your own software, mods, plugins and configuration, which may be the subject of a separate engagement.

We may refuse or discontinue assistance in the event of abusive, threatening or manifestly unreasonable behaviour towards our teams.

Your data belongs to you. We do not use it for purposes other than delivering the service and complying with our legal obligations.

The backup mechanisms we offer are a convenience and do not relieve you of the need to maintain your own off-platform backups. They are provided without any guarantee as to completeness, frequency, timing or restore success. The number of restore points and their retention depend on the plan you subscribed to and are shown in your client area.

You may export your data at any time while the service is active. From the end of the service, your data and backups are retained for thirty (30) days, then deleted. After that period we no longer guarantee that we can return them. It is your responsibility to export before it expires.

Where a service is suspended for non-payment, access to data may be interrupted for the duration of the suspension.

You may stop the renewal of a service at any time from your client area. The service stays active until the end of the current period; the financial terms are set out in the Terms of Sale.

We may suspend all or part of a service, immediately and without notice where the situation requires it:

• breach of the acceptable use policy in section 4;
• security incident, compromise, or threat to the integrity of the infrastructure or to other customers;
• request, injunction or decision from an administrative or judicial authority;
• non-payment, on the terms and timelines set out in the Terms of Sale;
• inaccurate information, suspected fraud or fraudulent use of a payment method.

Where the nature of the breach allows it, suspension is preceded by a formal notice left without effect within a reasonable time. A justified suspension gives rise to no compensation or refund and does not interrupt billing.

In the event of a material breach, or a breach left uncured, we may terminate the relevant service or the entire account by operation of law. Where termination follows a material breach involving unlawful content or a security threat, data deletion may be immediate.

When active, the referral programme lets you earn a commission on your referees' payments and gives them a discount on their first order. The rates, the length of the eligibility window, the commission maturation period and the minimum withdrawal threshold are those displayed in your client area at the relevant time.

Commissions only become available once the maturation period has elapsed, which exists to cover refunds and unpaid invoices. A commission relating to a refunded, cancelled or disputed payment is cancelled; if it has already been converted or withdrawn, the corresponding amount becomes a debt deducted from your future earnings.

The following are excluded from the programme, among others:

• self-referral, directly or through an account you control;
• the use of paid advertising on our brand terms, spam, or any misleading practice;
• creating artificial accounts or orders in order to generate commissions.

The programme is offered at our discretion. We may change its parameters, remove an account from the programme in the event of proven or suspected fraud, and discontinue the programme with reasonable notice, commissions already available remaining acquired.

The site, the platform, the client area, the administration interfaces, the documentation, the trademarks, logos and graphical elements are protected by intellectual property law and remain the property of FreshPerf or its partners.

We grant you, for the duration of the service and for your internal use, a personal, non-exclusive and non-transferable right to use the platform. Any reproduction, extraction, decompilation or adaptation outside statutory exceptions is prohibited.

Third-party software deployed on your instances remains governed by its own licences, which it is your responsibility to comply with.

If you send us suggestions or feedback about our services, we may use them freely, without consideration and without any confidentiality obligation in respect of them.

The processing of personal data we carry out as a controller - account, order, invoicing, support and security management - is described in our Privacy Policy.

Where you process, on our services, personal data relating to your own users or players, you are the controller and we act as a processor within the meaning of Article 28 GDPR. It is your responsibility to have a legal basis, to inform your users and to answer their requests. A data processing agreement is available on request at [email protected].

We are bound by a best-efforts obligation in delivering the services. Our liability can only be engaged where fault is proven, and only for direct, personal and certain damage.

The following are excluded from any compensation:

• indirect damage, business interruption, loss of revenue, customers, reputation or data;
• the consequences of your breach of these Terms, of a configuration error, of a missing backup, or of negligence in protecting your credentials;
• malfunctions attributable to third-party software, mods, plugins or modpacks, to a game publisher's update, or to a third-party service you chose;
• the consequences of a suspension or termination carried out in accordance with section 11.

A failure to meet the availability commitment is remedied exclusively by the service credits provided for in section 9.

In any event and save for our gross negligence or wilful misconduct, our liability in respect of a service, on any ground whatsoever, is capped at the amount excluding taxes actually paid for that service over the twelve (12) months preceding the triggering event.

The limitations in this section do not apply to personal injury or where the law prohibits them. The rights consumers derive from mandatory consumer law provisions are not affected.

Neither party may be held liable for a failure resulting from force majeure within the meaning of Article 1218 of the French Civil Code and French case law. The following are treated as events beyond our reasonable control: failures of the power grid or of telecommunications operators, large-scale cyberattacks, fire or water damage affecting a datacenter, decisions of public authorities, epidemics and industrial action. If the event lasts more than thirty (30) days, either party may terminate the affected service by written notice, without compensation.

We may change these Terms to reflect legal, technical or commercial developments. Any material change is notified to you by email or in your client area at least thirty (30) days before it takes effect. Continuing to use the services beyond that date constitutes acceptance. If you refuse the new terms, you may terminate your services free of charge before they take effect.

Notices. Communications take place by email to the address associated with your account and through the ticket system. It is your responsibility to keep a valid, monitored address.

Assignment. You may not assign your rights and obligations without our prior written agreement. We may assign this contract as part of a reorganisation or a transfer of business, without affecting your rights.

Severability. If a provision is held invalid, the others remain applicable and the invalid provision is replaced by a valid provision of equivalent effect.

No waiver. Not enforcing a breach does not amount to waiving the right to enforce it later.

Evidence. The logs, records and data kept in our information systems constitute, until proven otherwise, admissible evidence between the parties.

Language. These Terms are drafted in French and translated into English for your convenience. In case of discrepancy in interpretation, the French version prevails.

These Terms are governed by French law. The parties will seek an amicable solution before any litigation; any complaint may be sent to [email protected].

Failing an amicable settlement, and where the customer acts for professional purposes, exclusive jurisdiction is granted to the courts of the place of FreshPerf's registered office, including where there are multiple defendants, in summary proceedings or in warranty claims.

Consumers retain the right to bring proceedings before any court designated by the French Code of Civil Procedure. How complaints are handled is set out in section 14 of the Terms of Sale.

• Support and legal: [email protected] (or the ticket system in your client area)
• Abuse reports: [email protected]
• Mailing address: 398 Avenue Lucien Cohen, 13430 Eyguières, France