Hosting Services Terms of Service

THEJOSAM HOSTING SERVICES TERMS OF SERVICE

Document Reference: TJS-HOST-TOS-v1.0
Last Updated: 17 March 2026
Effective Date: Upon Acceptance by User
Governing Jurisdiction: Federal Republic of Germany / European Union

PREAMBLE

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "Customer", or "Licensee") and TheJoSam Development and TheJoSam Gaming (collectively referred to herein as "TheJoSam", "we", "us", or "our"), governing your access to and use of the hosting services provided through our infrastructure.

By purchasing, accessing, configuring, or utilizing any Hosting Services described herein, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not access or use our Services.

ARTICLE 1: DEFINITIONS AND INTERPRETATION

1.1 Defined Terms

Term	Definition
AMP	Instance Management Platform – The proprietary web-based interface through which Users authenticate and manage their hosted Instances.
Instance	A discrete Game Server or Hosted Application deployed on TheJoSam infrastructure via the AMP platform.
Hosting Services	The collective term encompassing all server hosting, application hosting, and related infrastructure services provided by TheJoSam Development and/or TheJoSam Gaming.
User	The natural or legal person accessing, managing, or operating an Instance.
Customer	The billing entity responsible for payment obligations and contractual compliance.
TheJoSam Development	The primary administrative and billing subsidiary responsible for infrastructure management.
TheJoSam Gaming	The specialized subsidiary responsible for game server hosting operations.
OTP-White-List	TheJoSam's internal registry of entities eligible for One-Time Payment arrangements.

1.2 Interpretation

Headings are for convenience only and shall not affect interpretation. References to "Sections" refer to sections within this document. Where context permits, singular includes plural and vice versa.

ARTICLE 2: ELIGIBILITY AND ACCOUNT REQUIREMENTS

2.1 Age Requirements

2.1.1 Users must meet the following age thresholds:

Minimum Registration Age: Sixteen (16) years, subject to written parental or guardian consent
Contractual/Billing Age: Eighteen (18) years, or emancipated minor status
Game-Specific Restrictions: Additional age verification may be required based on hosted game title ratings

2.1.2 TheJoSam reserves the right to verify age and identity through government-issued documentation at any time.

2.2 Identity Verification

2.2.1 Mandatory verification upon sign-up includes:

Valid government-issued identification
Proof of address where required
Periodic re-verification at TheJoSam's discretion

2.2.2 Failure to complete verification within seven (7) days of account creation shall result in temporary suspension until compliance is achieved.

2.3 Account Purchases and Transfers

2.3.1 Customers may purchase accounts for third-party Users but must warrant that:

All Users meet applicable age requirements
Identity verification is completed for all account holders
All Users comply with these Terms

2.3.2 Account transfers require written approval from TheJoSam Administration.

2.4 Account Monitoring

2.4.1 All accounts are subject to continuous monitoring and screening.

2.4.2 TheJoSam reserves the right to:

Request additional documentation at any time
Suspend accounts pending verification completion
Terminate accounts for suspicious activity or non-compliance

ARTICLE 3: SERVICE DESCRIPTION AND AVAILABILITY

3.1 Service Overview

3.1.1 TheJoSam provides hosting services through the AMP platform, enabling Users to:

Deploy and manage Game Servers
Host third-party applications
Configure instance parameters
Monitor resource utilization
Access designated support channels

3.1.2 All Instances are configured to functional baseline standards prior to handoff to the Customer.

3.2 No Uptime Guarantee

3.2.1 Hosting Services are provided "AS IS" without any warranty of uptime, availability, continuity, or uninterrupted functionality.

3.2.2 Users expressly acknowledge and accept that:

No uptime Service Level Agreement (SLA) is provided
Service interruptions may occur without prior notice
All use of Services is at the User's sole risk

3.3 Suspension and Termination Rights

3.3.1 TheJoSam Gaming and TheJoSam Development reserve the right to:

Shut down services at any time, with or without cause
Pause services temporarily for maintenance or investigation
Terminate services immediately for breach of Terms

3.3.2 Compensation for extended non-functionality is governed by Article 4 below.

ARTICLE 4: COMPENSATION FOR SERVICE INTERRUPTIONS

4.1 Planned Maintenance

Scenario	Compensation Formula
Standard Planned Window	Twenty-five percent (25%) of scheduled maintenance duration
Extensions Exceeding Four (4) Weeks	Fifty percent (50%) to Seventy-five percent (75%) based on non-functioning functionality

4.2 Unplanned Maintenance

Downtime Duration	Compensation
First Seventy-Two (72) Hours	No compensation applicable
Beyond Seventy-Two (72) Hours	Up to Fifty percent (50%) of excess downtime duration

4.3 Compensation Methodology

4.3.1 Primary Method: Extension of prepaid subscription period equivalent to calculated compensation.

4.3.2 Secondary Method: Monetary reimbursement upon service termination, processed as part of the standard refund mechanism per Article 5.

4.4 Compensation Claims

4.4.1 Users must submit compensation claims within fourteen (14) days of service restoration.

4.4.2 TheJoSam retains sole discretion to determine compensation eligibility and amounts.

ARTICLE 5: PRICING, BILLING, AND REFUNDS

5.1 Pricing Structure

5.1.1 All pricing is determined by TheJoSam Development's Official Pricing List and may include:

Subscription Plans: Recurring monthly or annual billing cycles
One-Time Payments (OTP): Available exclusively to OTP-White-List entities (internal registry, specific instances only)

5.2 Trial Periods

5.2.1 Trial duration: Seven (7) days from activation.

5.2.2 Requirements:

Complete registration and identity verification
Valid payment method on file
Automatic enrollment upon trial expiration unless cancelled

5.3 Refund Policy

Subscription Duration	Refund Eligibility	Maximum Refund Percentage
Less than Six (6) Months	Not Eligible	N/A
Six (6) Months or Greater	Unused portion only	Seventy-five percent (75%)

5.3.1 Calculation Example: A six (6) month subscription utilized for three (3) months qualifies for fifty percent (50%) of remaining value, subject to the seventy-five percent (75%) maximum cap.

5.4 Billing Administration

5.4.1 Primary billing administration: TheJoSam Development

5.4.2 Secondary billing may be processed through TheJoSam Gaming where technically feasible.

5.4.3 All transactions subject to fraud prevention measures and payment processor requirements.

ARTICLE 6: CONTENT MODERATION AND COMPLIANCE

6.1 Management Model

6.1.1 TheJoSam employs a minimal intervention management model. Users bear primary responsibility for Instance content.

6.2 Compliance Audits

6.2.1 TheJoSam Development conducts periodic compliance checks to verify adherence to:

These Terms of Service
Third-party Terms of Service (specified in Hosting Contract, e.g., Game Publisher ToS)
Applicable statutory and regulatory requirements

6.3 Prohibited Content

The following content categories are strictly prohibited on all Instances:

Category	Description
Illegal Material	Child exploitation, extremist content, unlawful material
Copyright Infringement	Works reproduced without authorization
Malicious Software	Malware, phishing, ransomware, harmful code
Personal Data	Third-party data without explicit consent
Harmful Content	Hate speech, incitement to violence, harassment

6.4 Enforcement Actions

6.4.1 Violations may result in:

Immediate suspension of affected Instance(s)
Required remediation by User within specified timeframe
Permanent termination for repeated or egregious violations
Law enforcement notification where legally mandated

6.5 Third-Party Compliance

6.5.1 Users must comply with all third-party Terms of Service referenced in their Hosting Contract.

6.5.2 TheJoSam is not responsible for conflicts between these Terms and third-party agreements.

ARTICLE 7: SUPPORT PACKAGES AND TECHNICAL OBLIGATIONS

7.1 Support Tier Structure

Package	Description	Availability	Cost
None	Standard support level	All Instances	Included
Email Support	Ticket-based assistance	6+ Month Subscriptions	Included
Discord 24/7	Real-time priority support	Purchase Required	Additional Fee

7.2 Initial Configuration

7.2.1 All Instances are configured to functional baseline standards prior to handoff.

7.2.2 Post-handoff configuration, maintenance, and optimization are the User's responsibility.

7.3 Update Notifications

7.3.1 TheJoSam will issue update notifications via registered email address.

7.3.2 Users must:

Review and act upon update notifications promptly
Accept liability waivers if delaying updates
Request TheJoSam intervention when platform-side action is required

7.4 Update Timeline and Consequences

Scenario	Timeline	Consequence
User Action Required	Twelve (12) months maximum	Termination if unaddressed
TheJoSam Intervention Requested	Seven (7) days	Service restored
Maximum Extension Period	Twelve (12) months	No further extensions granted

7.4.1 Failure to act on update notifications beyond twelve (12) months shall result in unavoidable service termination.

ARTICLE 8: DATA PROTECTION AND PRIVACY

8.1 Regulatory Compliance

TheJoSam maintains full compliance with:

General Data Protection Regulation (GDPR)
German Federal Data Protection Act (BDSG)
European Union data privacy standards

8.2 Data Retention Policy

Data Category	Retention Period	Export Window
Server Data (Standard)	Seven (7) days	Seven (7) days
Extended Export (Purchased)	Up to sixty (60) days	Sixty (60) days
Maximum Export Size	N/A	Twenty-four (24) GB

8.3 Data Processing Principles

8.3.1 Personal data is processed only as necessary to deliver contracted services.

8.3.2 Strict non-disclosure policy applies except where:

Disclosure required by law (e.g., illegal material)
Explicit User consent obtained
Legitimate business necessity demonstrated

8.3.3 Zero-knowledge handling enforced where requested by User.

8.4 Data Deletion Rights

8.4.1 Users may request full account and data deletion at any time.

8.4.2 Processing occurs within thirty (30) days unless legally required to retain data.

8.5 Security Responsibilities

8.5.1 TheJoSam implements database security and secure procedural controls.

8.5.3 Security compromises resulting from User-side negligence or "higher-means" (acts of God, force majeure) are recognized as User's own damage.

ARTICLE 9: TERMINATION AND SUSPENSION

9.1 Grounds for Termination

TheJoSam may terminate services for:

Material breach of these Terms
Violation of legal or ethical standards
Reasonable suspicion of prohibited content
Non-payment or billing irregularities
Failure to act on update notifications (after 12-month period)

9.2 Suspension Process

9.2.1 Immediate suspension for severe violations.

9.2.2 Temporary suspension pending investigation.

9.2.3 Notification provided where legally permissible.

9.3 Data Export Upon Termination

9.3.1 Standard: Seven (7) day export window post-termination.

9.3.2 Extended: Up to sixty (60) days (purchased, maximum 24GB).

9.3.3 After expiration, all data is permanently and irretrievably deleted.

9.4 Account Deletion

9.4.1 Users may request full account and data deletion at any time.

9.4.2 Processing occurs within thirty (30) days unless legally required to retain data.

ARTICLE 10: LIMITATION OF LIABILITY AND DISCLAIMERS

10.1 Warranty Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, THEJOSAM AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
UPTIME OR AVAILABILITY
ACCURACY OR COMPLETENESS OF INFORMATION

10.2 Liability Exclusions

TheJoSam shall not be liable for:

Data loss, corruption, or unauthorized access
Downtime or service interruption
Damages resulting from user content or external misuse
Third-party service failures
Security compromises from User-side negligence
Indirect, incidental, consequential, or punitive damages

10.3 Compensation Cap

Total compensation for service failures shall not exceed the amount paid for the affected service period, subject to the compensation schedules in Article 4.

10.4 Indemnification

Users agree to indemnify, defend, and hold harmless TheJoSam against claims arising from:

User content violations
Breach of third-party Terms of Service
Unauthorized use of services
Negligent security practices
Violation of applicable laws

ARTICLE 11: GOVERNING LAW AND DISPUTE RESOLUTION

11.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany and the European Union.

11.2 Jurisdiction

All disputes shall be subject to the exclusive jurisdiction of the courts of Germany, unless mandatory EU consumer protection law provides otherwise.

11.3 Arbitration

Where applicable, disputes may be resolved through arbitration in accordance with German law.

11.4 Consumer Rights

Nothing in these Terms shall affect mandatory consumer protection rights under EU or German law.

ARTICLE 12: SUBSIDIARY-SPECIFIC PROVISIONS

12.1 TheJoSam Development

12.1.1 Primary Role: Infrastructure administration, billing, and data processing.

12.1.2 Responsibilities:

12.2 TheJoSam Gaming

12.2.1 Primary Role: Game server hosting specialization.

12.2.2 Responsibilities:

Game-specific configurations and optimizations
Community moderation and enforcement
Billing processing where technically feasible

12.3 Service Integration

12.3.1 Services provided by TheJoSam Gaming form a contract with TheJoSam Development as the parent company.

12.3.2 Both subsidiaries' terms apply concurrently to all Hosting Services.

ARTICLE 13: AMENDMENTS AND UPDATES

13.1 Notification of Changes

Material changes will be communicated via:

Email notification to registered address
AMP platform announcement
Website posting at terms.thejosam.de

13.2 Acceptance

Continued use of Services after changes constitutes acceptance of amended Terms. Users may terminate services if they disagree with modifications.

13.3 Version History

Version	Effective Date	Author
1.0	17 March 2026	TheJoSam Development

ARTICLE 14: CONTACT INFORMATION

TheJoSam Development
Hosting Services Administration
Email: admin@thejosam.de
Support Portal: support.thejosam.de

TheJoSam Gaming
Game Server Administration
Email: gaming@thejosam.de

APPENDIX A: COMPENSATION CALCULATION EXAMPLES

Example 1: Planned Maintenance

Scheduled window: 4 hours
Actual duration: 6 hours (2-hour extension)
Compensation: 25% of 4 hours + 50% of 2-hour extension = 2 hours credit

Example 2: Unplanned Downtime

Total downtime: 100 hours
First 72 hours: No compensation
Remaining 28 hours: Up to 50% = 14 hours credit

Example 3: Refund Calculation

6-month subscription: €600
Used for 3 months
Unused value: €300
Maximum refund (75%): €225

APPENDIX B: SUPPORT PACKAGE COMPARISON

Feature	None	Email Support	Discord 24/7
Response Time	N/A	24-48 hours	< 1 hour
Availability	N/A	Business hours	24/7
Cost	Free	Included (6+ months)	Purchase Required
Priority	Standard	Medium	High

ACKNOWLEDGEMENT OF ACCEPTANCE

By clicking "I Agree", completing registration, or utilizing any Hosting Services, you acknowledge that:

You have read, understood, and agree to be bound by these Terms
You are at least 16 years of age (18+ for billing)
You have the legal capacity to enter this agreement
You accept all risks associated with using these Services
You waive any rights to claim warranties not expressly stated herein

END OF DOCUMENT