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Terms and Conditions

Legal notice, terms of sale and personal data of Alama Hosting.

Translation provided for information only. These terms were written in French and only the French version is authentic and legally binding. In case of any difference between the two versions, the French version prevails.

1. Who we are

The website https://alama.host and the hosting service “Alama Hosting” (hereinafter “Alama”) are published and operated by Maxime Carlier, sole trader (entrepreneur individuel), 1 allée de Bruxelles, 54500 Vandœuvre-lès-Nancy, France - email: maxime@alama.host. Publication director and data controller: Maxime Carlier.

Host of the website, the management panel and the shop: Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany.

The game servers are operated by Alama in a data center located in France, with a resilient network protected against most attacks.

2. Purpose and acceptance

These general terms and conditions (the “Terms”) govern access to the website, the creation of an account, and the ordering and use of the game server, software and website hosting services offered by Alama (the “Services”). Any order, including for a free offer, constitutes full and unreserved acceptance of the Terms in force on the date of the order. Alama may amend the Terms; the version applicable to a Service already in progress is the one accepted at the time of the order, then the one notified to the Customer at least thirty (30) days before its entry into force for subsequent renewals.

3. Account and capacity

The Customer declares that they are of legal age and have legal capacity or, if they are a minor, that they have the consent of the person holding parental authority, who contracts on their behalf, pays the price and is responsible for the use of the Service; this declaration is collected and time-stamped at the time of the order. As regards personal data, a minor under fifteen (15) years of age may only consent together with the holder(s) of parental authority (art. 45 of the French Data Protection Act (loi Informatique et Libertés)): the creation of an account by a minor under 15 requires this joint consent.

An account is personal; the Customer is responsible for the confidentiality of their login credentials and for any use made of their account. Alama may refuse or close an account opened with false information.

4. Orders, prices, payment

Prices are stated in euros. Payment is made through PayPal (including by bank card via PayPal). The order is binding upon validation of the payment; the Service is made available within minutes thereafter, subject to availability (section 9). An invoice is issued for each payment and remains accessible from the account.

Where the shop holds a balance in the Customer's name (credit note, credit or top-up), that balance may only be used to pay for Alama's Services. It is not refundable in cash, neither upon closure of the account nor otherwise, except where the law requires a refund, for example under the right of withdrawal (section 6); such refund is then made to the original means of payment.

5. Term, renewal, termination

Paid Services are subscribed for a period of one month, tacitly renewed by direct debit on the due date. The Customer may end the renewal at any time from their account, using the “Cancel” function accessible directly from the Service page, without any other formality (art. L. 215-1-1 of the French Consumer Code). The Service remains active until the end of the period paid for. The Customer is informed of the option not to renew by these Terms and by the reminder that accompanies each invoice (art. L. 215-1). No pro rata refund is due for a period already begun, unless the law provides otherwise.

6. Right of withdrawal (consumers)

A Customer who is a consumer has a period of fourteen (14) days to withdraw. As the Service is digital content and a digital service whose performance begins immediately upon the order, the Customer expressly requests such immediate performance and acknowledges that they lose their right of withdrawal once the Service has been fully performed (art. L. 221-28, 1° and 13°, of the French Consumer Code). This request and acknowledgement are collected by means of a checkbox at the time of the order.

If the Customer withdraws before the Service is made available, they are refunded in full within fourteen (14) days. If they withdraw after the Service has been made available and before the end of the paid period, they owe the amount corresponding to the Service provided up to their decision, calculated pro rata to the price of the period (art. L. 221-25); the surplus is refunded to them within fourteen (14) days.

Game extensions, “source code” edition: the “source code” edition of an extension is delivered to the Customer as digital content supplied on a non-tangible medium, whose performance begins as soon as the download starts. By ordering this edition, the Customer expressly requests such immediate performance and acknowledges that they lose their right of withdrawal as soon as the download begins (art. L. 221-28, 13°, of the French Consumer Code). No refund is due after download, without prejudice to the legal guarantee of conformity (section 10).

7. Free offer

Alama may offer free Services, within the limit of available resources and the conditions displayed on the offer. A free Service stays switched on; it is taken back, the server and its data being deleted, as soon as the first of the following two deadlines is reached: seven (7) consecutive days without a player connecting, or seven (7) days without the Customer signing in to their account or opening the panel from their account. For a game whose players Alama cannot detect, only the second deadline applies. Alama sends the Customer a warning by email before the server is taken back. Alama may suspend, modify or withdraw the free offer at any time, without compensation.

8. Customer obligations - prohibited uses

The Customer is solely responsible for the data, programs, mods, plugins and content that they install or distribute from their Service, and for their compliance with the law and with the terms of the publishers of the games concerned. The following are in particular prohibited, without this list being exhaustive: hosting unlawful content; attacks, scanning or intrusion directed at third parties; use of the Service as a relay, proxy, tunnel or node of an anonymizing network; cryptocurrency mining; sending unsolicited messages; circumventing resource limits or security measures; reselling the Service without written agreement.

In the event of a breach or a request from an authority, Alama may immediately suspend the Service concerned and then terminate it, without compensation or refund of the current period.

9. Availability, maintenance, security

Alama has an obligation of best efforts (obligation de moyens). It endeavors to keep the Services accessible at all times and to respond as quickly as possible in the event of an incident, but does not guarantee any specific availability rate. Interruptions may occur for maintenance (announced as soon as possible), update, failure, security incident, failure of a power or network supplier, or external event.

The data center network is designed to withstand most attacks; Alama does not guarantee that every attack will be neutralized, in particular where it specifically targets a Service or exceeds the protection capacity in place. Each Service runs in an isolated container; this isolation does not relieve the Customer of the duty to secure their own access and applications.

10. Legal guarantee of conformity (consumers)

The consumer is entitled to the implementation of the legal guarantee of conformity if a lack of conformity appears during a period equal to the duration of supply of the Service provided for in the contract, starting from the supply of the digital content or digital service. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

The legal guarantee of conformity entails an obligation to supply all updates necessary to maintain the conformity of the digital content or digital service during the duration of supply of the Service provided for in the contract.

The legal guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following their request, free of charge and without major inconvenience to them.

The consumer may obtain a price reduction while keeping the digital content or digital service, or may terminate the contract and obtain a full refund against giving up the digital content or digital service, if:

  1. 1° The professional refuses to bring the digital content or digital service into conformity;
  2. 2° Bringing the digital content or digital service into conformity is unjustifiably delayed;
  3. 3° Bringing the digital content or digital service into conformity cannot be done without costs being imposed on the consumer;
  4. 4° Bringing the digital content or digital service into conformity causes major inconvenience to the consumer;
  5. 5° The lack of conformity of the digital content or digital service persists despite the professional's unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or immediate termination of the contract. The consumer is then not required to request beforehand that the digital content or digital service be brought into conformity.

Where the lack of conformity is minor, the consumer is entitled to cancellation of the contract only if the contract does not provide for the payment of a price.

Any period of unavailability of the digital content or digital service for the purpose of bringing it into conformity suspends the guarantee that remained to run until the digital content or digital service is supplied again in conformity.

These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

A professional who in bad faith obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (article L. 242-18-1 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or digital service is kept, or to a full refund against giving up the digital content or digital service.

11. Backups and Service data

The offers state the number of backups included. These backups are a tool made available to the Customer; the retention of Service data is the Customer's responsibility, and the Customer is encouraged to keep a copy outside Alama of whatever matters to them.

At the end of a Service (termination, non-renewal, reclaim and deletion of a free offer, termination for breach), the data is deleted without any possibility of restoration, at the end of the grace and suspension periods indicated to the Customer in the due-date notices and reminders they receive.

12. Liability

Alama is not liable for damage resulting from a use of the Service contrary to the Terms, from a breach by the Customer of section 11 (data not backed up), from a failure of third-party networks or services (PayPal, Discord, game publishers, network providers) or from a case of force majeure.

With regard to a Customer who is a consumer, Alama's liability is that provided for by law, with no limitation other than these. With regard to a Customer who is a professional, Alama is not liable for indirect damage (loss of community, of opportunity, of image, of business) and its total liability in respect of a Service is limited to the sums actually paid for that Service during the last eight (8) months, excluding personal injury, gross negligence or wilful misconduct.

13. Personal data and cookies

Alama, represented by Maxime Carlier, is the controller of the data collected for: the creation and management of the account (email, hashed password, Discord identifier if the Customer chooses that login, language); ordering, invoicing and accounting (name, country, order history, invoices and, if the Customer provides them, company name, address and VAT number); security and fraud prevention (IP addresses, connection logs); support (tickets, correspondence); the audience measurement described in section 15.

Legal bases: performance of the contract, legal obligation (accounting, retention of invoices for ten years), legitimate interest (security, audience measurement exempt from consent), consent (detailed measurement of the visitor journey, measurement of our Google Ads advertisements). Retention periods: account and Services until the closure of the account, then one (1) year of inactivity; invoices ten (10) years; connection logs twelve (12) months.

Recipients: Alama alone and its technical processors (host, PayPal for payment, Discord for the optional login, Google for the measurement of our Google Ads advertisements if the Customer accepts it), all established in the European Union or providing the guarantees of the GDPR; no data is sold or transferred.

The Customer has the rights of access, rectification, erasure, restriction, objection, portability and the right to set post-mortem directives (art. 15 to 21 GDPR; art. 85 of the French Data Protection Act), exercised by email to maxime@alama.host or by post to the address in section 1, and may lodge a complaint with the CNIL (cnil.fr/fr/plaintes). In the event of a data breach likely to result in a risk to the Customer, Alama informs them as soon as possible.

The website places strictly necessary cookies (session, language and theme preferences), the audience measurement cookie described in section 15 and, only if the Customer accepts it in the website banner, the alama_c cookie for detailed measurement (section 15) and those of Google Ads, which tell Google that one of our advertisements brought about a visit. This choice is kept for six (6) months; it can be given and withdrawn at any time from this banner, which the “Cookies” link at the bottom of every page reopens.

14. Data the Customer entrusts to us

The data the Customer hosts on its Service belongs to it: files, databases and the game log in the Activity tab. For the personal data they contain (in particular that of its players, administrators and visitors), the Customer is the controller and Alama its processor, within the meaning of Article 28 of the GDPR. Alama processes this data for the duration of the Service, only to run it and only on the Customer's instructions, given in the panel or in writing; it does not use it for itself and does not sell it. Its providers are Hetzner Online GmbH (Germany) for the panel, the shop and the log; the game servers run on a machine operated by Alama in Nancy (France). Alama notifies the Customer at least thirty (30) days before changing them, informs it without undue delay of any data breach affecting its Service and allows it, at its own expense, to verify these commitments. At the end of the Service, the data is deleted as provided in section 11. The details are in the data processing agreement (in French), which forms part of these terms (PDF version).

15. Audience measurement

To find out which pages are used and where visitors stop, Alama counts visits to alama.host, shop.alama.host and panel.alama.host with a tool hosted by Alama itself. It is used for that purpose only: no advertising, no profiling, nothing is passed on to anyone.

  • What is counted: the page viewed; the browser, by major version; the system (Windows, macOS, Android…), the device type (phone, tablet, computer) and the browser's preferred language, without region; an approximate city and the access network (the number and name of the operator or host), calculated from an IP address whose last part is erased before it is written. A visitor's address is never kept without their consent (see below). To recognize that a script is going through many pages within a few seconds, each page view also keeps a pseudonym of the network it comes from (a range of addresses, never the address itself). This pseudonym changes every day, does not allow the address to be recovered, is shown to no one and disappears with the page view after ninety (90) days. It is pseudonymized data, not anonymous data: it remains subject to the GDPR, and the right to object below covers it.
  • Robots: a visit that presents itself as a robot (search engine, link preview, script) or that comes from a host's network is marked “probable robot”; it is not included in any traffic figure. When the software itself presents itself as a robot, or probes an address that exists only for scanners (such as /wp-login.php or /.env), its IP address is kept in full, together with the rest of the detail, because a robot is not a person; Alama may ask the address registries (whois) who owns its network.
  • A alama_v cookie, valid for thirteen (13) months at most, unrelated to the customer account: it is used only to avoid counting the same visitor twice. Its value is never recorded as is.
  • How long: the detail for ninety (90) days, then only daily totals.
  • Objecting: stop being counted - an alama_o cookie remembers this choice for thirteen (13) months, and nothing is measured any more on this browser, across the three sites.
  • If the Customer accepts detailed measurement in the banner: their pages are linked together to understand their journey from one site to another, across these three sites and with the same tool; an alama_c cookie remembers this consent for six (6) months. If they refuse, each page is counted on its own. They may change their mind at any time from the “Cookies” link; withdrawing their consent undoes the journeys already linked for this browser. A separate checkbox in the same banner, unchecked by default, “keep my IP address with my visits”, also allows them to agree that their IP address be kept in full with each of their page views, for the same duration as the detail (90 days); an alama_ip_ok cookie remembers this second consent for six (6) months. Alama never queries the address registries about a visitor. Refusing, or withdrawing consent from “Cookies”, erases the addresses already kept for this browser.

16. Complaints

Any complaint should first be addressed to Alama (maxime@alama.host or a ticket from the account).

17. Governing law and jurisdiction

The Terms are governed by French law. For a Customer who is a consumer, the competent courts are those provided for by law (art. R. 631-3 of the French Consumer Code). For a Customer who is a professional, the courts of Nancy have exclusive jurisdiction.

18. Intellectual property

The website, its graphic identity, its texts and its images are the property of Alama or its licensors; any unauthorized reproduction is an infringement (art. L. 335-2 et seq. of the French Intellectual Property Code). The games, their trademarks and their content belong to their publishers; Alama is not affiliated with any of them. The Customer retains all rights in their own content and grants Alama only the technical license necessary to host it.

The names, logos and visuals of the games shown on the website and in the shop serve only to designate the game hosted; they remain the property of their publishers. A publisher or rights holder who wishes a visual to be removed or replaced should write to maxime@alama.host, naming the game and the page: the visual will be removed within 72 hours, without any other formality.