VDS Agreement

This Virtual Dedicated Server Agreement ("Agreement") governs the purchase, provisioning, access, administration, renewal, upgrade, suspension, cancellation, termination, and use of Virtual Dedicated Server Services provided through Hostwover.

This Agreement is entered into between:

• Hostwover ("Hostwover", "we", "us", or "our"); and
• the individual or organization purchasing, accessing, administering, or using the VDS Service ("Customer", "you", or "your").

By ordering, activating, renewing, accessing, or using a Hostwover VDS, you agree to this Agreement.

This Agreement forms part of Hostwover's Terms of Service.

Your use of VDS Services is also subject to applicable Hostwover legal documents, including:

• Terms of Service.
• Acceptable Use Agreement.
• Acceptable Use Policy.
• Abuse Handling Policy.
• Privacy Policy.
• Privacy / Data Protection Policy.
• Information Security Policy.
• Refund Policy.
• Service Level Agreement.
• Customer Service Policy.
• Responsible Disclosure Policy.
• Trademark & Copyright Policy.
• Complaints & Dispute Resolution; and
• other terms expressly applicable to the purchased VDS Service.

Where another Hostwover Service is used with the VDS, the agreement applicable to that Service also applies.

For this Agreement:

VDS

A Virtual Dedicated Server made available according to the purchased VDS Plan.

VDS Plan

The particular resource allocation, billing term, region, configuration, and features selected by the Customer.

Instance

The individual virtual server environment provisioned for the Customer.

Dedicated Virtual Resources

Virtualized computing resources allocated or reserved to an Instance according to the specifications of the applicable VDS Plan.

Guest Operating System

The operating system installed within the VDS.

Root Access

Administrative or equivalent privileged access to the Guest Operating System.

Customer Data

Files, applications, databases, software, configurations, credentials, communications, and other information stored or processed through the Customer's VDS.

Infrastructure

The physical servers, virtualization systems, networks, storage systems, data centers, and related technology used to provide the VDS.

Snapshot

A point-in-time representation of some or all of the VDS state where such functionality is offered.

Backup

A recovery copy maintained according to an applicable backup feature or Service.

A VDS provides a virtualized server environment designed to provide stronger resource isolation and more predictable resource availability than ordinary shared virtual-server configurations, according to the specifications of the purchased VDS Plan.

Depending on the plan, a VDS may include:

• dedicated or reserved virtual CPU resources.
• dedicated or reserved memory allocation.
• virtual storage.
• network connectivity.
• traffic allowance.
• IP addresses.
• selected region.
• operating-system images.
• snapshots.
• backups.
• monitoring.
• firewall functionality.
• console access; and
• other features.

Only features expressly stated for the applicable VDS Plan are included.

A VDS is a virtualized Service.

Unless the purchased Service is expressly described as a dedicated physical server or bare-metal server, purchasing a VDS does not give the Customer exclusive ownership or use of an entire physical server.

Where a VDS Plan describes resources as dedicated, reserved, isolated, or guaranteed, that description applies to the virtual resource allocation identified in the applicable plan.

It does not automatically mean that:

• every physical CPU core is exclusively owned by the Customer.
• the physical storage device is exclusively assigned to the Customer.
• the physical network interface is exclusively assigned to the Customer; or
• the Customer controls the underlying hypervisor.

Hostwover seeks to provide the resource-isolation characteristics described for the applicable VDS Plan.

Isolation may involve virtualization technology controlling access to:

• CPU.
• memory.
• storage.
• virtual networking; and
• other virtualized resources.

Hostwover may offer both VPS and VDS Services.

A VDS may provide stronger resource isolation or dedicated virtualized resource allocations compared with a standard VPS Plan.

The exact difference is determined by the published specifications of the applicable plans.

VPS Services are governed separately by the VPS Agreement.

Each VDS Plan may define characteristics including:

• vCPU allocation.
• dedicated or reserved CPU characteristics.
• RAM.
• storage.
• storage technology.
• traffic allowance.
• network capacity.
• region.
• IP allocation.
• snapshot functionality.
• backup functionality.
• billing period; and
• additional features.

The specifications displayed when the Customer purchases the VDS form part of the Service description.

Purchasing a VDS does not transfer ownership of Hostwover or underlying Infrastructure to the Customer.

The Customer does not obtain ownership of:

• physical servers.
• processors.
• memory modules.
• storage devices.
• switches.
• routers.
• network interfaces.
• virtualization platforms.
• racks.
• data-center facilities; or
• other physical Infrastructure.

The Customer receives a contractual right to use the VDS according to:

• the purchased VDS Plan.
• the applicable billing term.
• this Agreement.
• the Terms of Service; and
• applicable Hostwover policies.

After a valid VDS order is submitted, Hostwover will attempt to provision the requested Instance.

Provisioning may require:

• successful payment.
• Account verification.
• fraud screening.
• capacity availability.
• region availability.
• operating-system selection.
• security review; or
• other information reasonably necessary to deliver the Service.

A VDS is considered active when provisioning has successfully completed and the Instance is made available for use.

An order, invoice, payment authorization, or pending provisioning status does not by itself mean that the VDS has been successfully provisioned.

Provisioning may fail because of:

• resource unavailability.
• region unavailability.
• technical error.
• invalid configuration.
• payment failure.
• verification failure.
• fraud concerns.
• legal restrictions; or
• another legitimate operational reason.

If a paid VDS cannot be provisioned, the affected payment will be handled according to:

• Terms of Service.
• Refund Policy; and
• applicable law.

Hostwover seeks to provision eligible VDS orders promptly but does not guarantee a specific activation time unless expressly stated.

Provisioning may take longer where additional:

• verification.
• capacity allocation.
• security review.
• payment processing; or
• technical configuration

is required.

The VDS may be assigned technical information including:

• Instance identifier.
• hostname.
• IP address.
• region.
• network identifier.
• operating-system information; and
• other Service metadata.

Eligible VDS Plans may provide:

• root access.
• administrator access.
• console access; or
• equivalent privileged control.

Privileged access gives the Customer significant control over the Guest Operating System.

Unless the purchased VDS Plan expressly includes managed administration, Hostwover VDS Services are provided as unmanaged server environments.

For an unmanaged VDS, Hostwover operates the underlying Infrastructure while the Customer manages the Guest Operating System and Customer-controlled software.

The Customer is responsible for:

• operating-system administration.
• security updates.
• package updates.
• software installation.
• firewall configuration inside the VDS.
• SSH configuration.
• user accounts.
• passwords.
• SSH keys.
• web servers.
• databases.
• mail servers.
• application servers.
• containers.
• scheduled tasks.
• application security.
• monitoring Customer applications.
• data management; and
• troubleshooting Customer-controlled software.

Where Hostwover offers a managed VDS Service, the exact management scope will be specified separately.

Managed functionality may be limited to defined tasks and should not be assumed to cover every Customer application.

Availability of Hostwover technical support does not convert an unmanaged VDS into a managed server.

The Customer must protect privileged credentials, including:

• root passwords.
• administrator passwords.
• SSH private keys.
• sudo credentials.
• API credentials.
• recovery credentials; and
• other privileged secrets.

Customers should:

• use unique credentials.
• use strong authentication.
• remove unused accounts.
• rotate compromised credentials.
• restrict privileged access; and
• enable additional security controls where available.

Where functionality exists, Hostwover may provide options such as:

• password reset.
• console access.
• rescue functionality.
• rebuild.
• recovery environment; or
• another supported recovery method.

Recovery of access does not guarantee recovery of Customer Data.

Hostwover may provide operating-system images for VDS deployment.

Available images may be:

• added.
• updated.
• replaced.
• discontinued; or
• removed

over time.

Hostwover may discontinue provisioning of operating systems that are:

• end-of-life.
• unsupported.
• materially insecure.
• incompatible with current Infrastructure; or
• otherwise unsuitable for new deployments.

The Customer remains responsible for upgrading an existing Guest Operating System that has reached end of support.

The Customer is responsible for complying with applicable software licenses.

Commercial software licenses are included only where expressly stated in the VDS Plan or order.

The Customer is responsible for:

• licensing.
• installation.
• configuration.
• compatibility.
• updates.
• security; and
• operation

of Customer-installed software.

Where Hostwover permits custom images or ISOs, the Customer is responsible for ensuring that the uploaded software is:

• lawful.
• properly licensed.
• secure.
• compatible; and
• suitable for use.

Hostwover may provide functionality allowing the VDS to be reinstalled or rebuilt.

A reinstall may permanently overwrite Customer Data.

By confirming a reinstall, rebuild, or reformat operation, the Customer authorizes replacement or deletion of the affected server state.

The Customer must create appropriate backups before reinstalling or rebuilding a VDS.

A completed rebuild, reformat, disk deletion, or reinstall may be irreversible.

Hostwover does not guarantee recovery of overwritten data.

Hostwover may provide virtual console functionality.

Console access can assist with administration when ordinary network access is unavailable.

Where supported, a rescue or recovery environment may be provided for tasks such as:

• filesystem repair.
• boot troubleshooting.
• credential recovery.
• network troubleshooting.
• file recovery; or
• system administration.

Use of rescue functionality does not guarantee successful recovery.

The Customer retains rights in Customer Data to the extent the Customer lawfully owns or controls that data.

Hostwover does not obtain ownership of Customer Data merely because it is processed through a VDS.

The Customer authorizes Hostwover to technically process Customer Data where reasonably necessary to:

• provide the VDS.
• operate Infrastructure.
• maintain storage.
• perform migrations.
• provide requested support.
• perform recovery.
• protect security.
• investigate abuse.
• comply with law; or
• fulfill Hostwover's contractual obligations.

The Customer is responsible for ensuring that Customer Data is:

• lawfully collected.
• lawfully stored.
• lawfully processed.
• adequately secured; and
• used in accordance with applicable law.

Customers may process Personal Data belonging to:

• website visitors.
• customers.
• employees.
• users.
• clients; or
• other individuals

through the VDS.

The Customer is responsible for determining applicable privacy and data-protection obligations.

Where Hostwover processes Customer-controlled Personal Data solely to provide VDS Infrastructure on behalf of the Customer, Hostwover may act as a data processor or equivalent service provider.

Additional data-processing terms may apply where required.

A selected VDS region identifies the intended location of the applicable computing workload where such location selection is part of the Service.

It does not mean every Hostwover Account, billing, support, monitoring, or administrative record is necessarily processed only in that location.

VDS-related information may be processed across different jurisdictions where necessary to provide, support, secure, or administer the Service.

See Hostwover's Privacy Policy for applicable information.

Customers should implement encryption appropriate to their own security requirements.

The Customer may be responsible for configuring:

• disk encryption.
• database encryption.
• application encryption.
• transport encryption.
• key management; and
• backup encryption.

Where encryption keys are controlled solely by the Customer, Hostwover may be unable to recover encrypted data if those keys are lost.

Security of a VDS is shared between Hostwover and the Customer according to which party controls the relevant system layer.

Hostwover's responsibilities may include security of:

• virtualization Infrastructure.
• underlying physical systems.
• Infrastructure networking.
• Hostwover administrative access.
• Hostwover management systems.
• Infrastructure monitoring; and
• other components controlled by Hostwover.

The Customer is responsible for:

• Guest Operating System security.
• Customer software.
• security patches.
• firewall configuration.
• user permissions.
• credentials.
• databases.
• applications.
• hosted Content.
• exposed services.
• application encryption; and
• Customer-controlled security policies.

The Customer must maintain software under Customer control with appropriate security updates.

Customers should not knowingly leave critical exploitable vulnerabilities unaddressed where doing so creates a material security risk.

The Customer may enable automatic updates where appropriate.

The Customer remains responsible for monitoring update status and compatibility.

A VDS may support:

• Infrastructure firewall functionality.
• Guest Operating System firewall functionality; or
• both.

The Customer is responsible for rules configured by the Customer.

The Customer is responsible for network services exposed through public or private network ports.

Customers should avoid unnecessarily exposing sensitive services.

The Customer is responsible for securing:

• SSH.
• RDP.
• control panels.
• database administration.
• APIs.
• VPN interfaces; and
• other remote-access systems.

Private SSH keys must remain confidential.

Hostwover personnel should not require the Customer's private SSH key for ordinary support.

Where relevant management interfaces support multi-factor authentication, Customers are encouraged to enable it for privileged access.

The VDS must not be used to intentionally host, distribute, control, or facilitate malicious software.

Where a VDS becomes compromised, Hostwover may require remediation.

Remediation may include:

• credential rotation.
• software patching.
• malware removal.
• blocking vulnerable ports.
• rebuilding the Instance.
• restoring clean data.
• isolating the Service; or
• another reasonable corrective measure.

Hostwover may take immediate protective action where an affected VDS creates an urgent security risk.

Such action may include:

• network filtering.
• isolation.
• temporary suspension.
• port blocking.
• rate limiting; or
• another proportionate security measure.

Hostwover is responsible for addressing vulnerabilities in Infrastructure within Hostwover's control according to the associated risk.

The Customer is responsible for vulnerabilities in Customer-managed software.

The Customer must not use the VDS to conduct unauthorized:

• exploitation.
• vulnerability scanning.
• credential attacks.
• password attacks.
• network intrusion.
• denial-of-service testing.
• malware deployment; or
• similar activity

against systems the Customer is not authorized to test.

Legitimate security testing must be conducted only against systems for which the Customer has authorization and must comply with:

• applicable law.
• Acceptable Use Policy; and
• relevant network restrictions.

Hostwover will provide the VDS resource allocation described by the purchased VDS Plan.

A VDS Plan may describe CPU resources as:

• dedicated.
• reserved.
• guaranteed.
• isolated; or
• another plan-specific designation.

The meaning is determined by the technical specification published for that plan.

A vCPU remains a virtualized computing resource.

The presence of dedicated virtual CPU allocation does not by itself transfer ownership of the underlying physical processor.

CPU performance may depend on:

• processor architecture.
• clock behavior.
• workload.
• virtualization technology.
• instruction type.
• Customer software.
• thermal or hardware characteristics; and
• Infrastructure implementation.

Hostwover does not guarantee:

• a particular physical CPU model.
• physical core topology.
• clock frequency.
• cache size; or
• benchmark result

unless expressly stated in the purchased plan.

Dedicated virtual CPU resources do not authorize workloads that violate:

• applicable law.
• Acceptable Use Policy.
• security requirements; or
• other applicable Service restrictions.

The VDS receives memory according to the applicable plan.

Guest Operating System overhead consumes part of that memory.

Where the plan describes memory as dedicated or reserved, Hostwover will seek to provide that resource characteristic according to the virtualization platform used.

Storage is allocated according to the VDS Plan.

The Customer is responsible for monitoring available disk capacity.

Where a particular storage technology such as SSD or NVMe is expressly advertised for a VDS Plan, that technology forms part of the applicable Service specification.

A full filesystem may cause:

• database errors.
• failed updates.
• corrupted writes.
• application crashes.
• logging failures; or
• system instability.

The Customer is responsible for maintaining adequate free storage.

Storage performance can vary according to:

• I/O patterns.
• filesystem.
• workload.
• application behavior.
• virtualization.
• storage architecture; and
• technical conditions.

Hostwover does not guarantee a particular number of IOPS unless explicitly included in the applicable VDS Plan.

Primary VDS storage is not a replacement for an independent backup.

No storage system is immune from all possible failures.

VDS Services include network connectivity according to the applicable plan.

Where a plan advertises a network-port speed, that value describes the applicable technical network capacity.

It does not guarantee that every Internet connection will continuously achieve the maximum advertised rate.

Actual throughput may depend on:

• remote network capacity.
• Internet routing.
• congestion.
• protocol overhead.
• geographic distance.
• Customer applications.
• network attacks; and
• external networks.

A VDS Plan may include a defined traffic allowance or another network-usage model.

The applicable plan controls.

Where a traffic limit exists, exceeding that limit may result in treatment disclosed for the applicable plan, potentially including:

• additional charges.
• reduced throughput.
• temporary restriction.
• upgrade options; or
• another disclosed mechanism.

Hostwover will not intentionally impose undisclosed material overage charges contrary to applicable law.

The Customer must not use network resources in a manner that materially harms:

• Hostwover.
• other customers.
• networks.
• third parties; or
• Infrastructure stability.

A VDS may become the target of distributed denial-of-service attacks.

Hostwover may use appropriate mitigation or protective mechanisms where available.

Protective actions may include:

• traffic filtering.
• rate limiting.
• rerouting.
• mitigation services.
• temporary null routing.
• network restriction; or
• temporary suspension.

Hostwover does not guarantee that every DDoS attack can be mitigated without Service interruption.

The Customer must not intentionally use a VDS to originate or participate in denial-of-service attacks.

A VDS may receive:

• IPv4.
• IPv6.
• network ranges; or
• other network identifiers

according to the applicable plan.

Assigned IP addresses remain network resources and are not permanently owned by the Customer.

Hostwover may change an IP address where reasonably necessary for:

• security.
• migration.
• network changes.
• resource changes.
• abuse handling.
• Infrastructure maintenance; or
• technical necessity.

IP addresses may be released and reassigned after termination of the applicable VDS.

Hostwover does not guarantee:

• email reputation.
• geolocation classification.
• fraud score.
• blocklist status; or
• third-party reputation

of an assigned IP.

Hostwover may reasonably assist with an IP reputation issue but cannot control independent third-party blocklist operators.

Reverse DNS functionality may be available where supported.

The Customer is responsible for lawful and technically appropriate PTR configuration.

External geolocation databases may display an IP location differently from the physical Infrastructure region.

Hostwover does not control independent geolocation databases.

Hostwover may offer private networking functionality with eligible VDS Services.

Availability and specifications depend on the applicable Service.

The Customer is responsible for configuring Customer-controlled:

• routing.
• private addresses.
• VPNs.
• tunnels.
• firewall rules; and
• network services.

Domain registration and DNS Services are separate from the VDS unless expressly included.

The Customer may point an eligible domain to the VDS using appropriate DNS records.

The Customer is responsible for Customer-controlled DNS records, including:

• A.
• AAAA.
• MX.
• CNAME.
• TXT.
• SRV; and
• other records.

DNS changes may require time to propagate through distributed caching systems.

Customers may operate email servers only where:

• technically supported.
• legally permitted.
• consistent with Acceptable Use requirements; and
• compliant with network policies.

The VDS must not be used for:

• unsolicited bulk email.
• phishing email.
• malware delivery.
• deceptive messaging.
• credential theft; or
• other prohibited electronic communications.

Hostwover may apply reasonable SMTP:

• filtering.
• rate limits.
• port restrictions.
• verification requirements; or
• anti-abuse controls

where necessary to protect Infrastructure or network reputation.

Hostwover does not guarantee successful delivery of email sent from a Customer-managed mail server.

Deliverability may depend on:

• SPF.
• DKIM.
• DMARC.
• reverse DNS.
• Customer configuration.
• IP reputation.
• Content.
• recipient policies; and
• independent filtering systems.

Customers operating proxy Services are responsible for preventing unauthorized or abusive use.

Customers may operate lawful VPN workloads where consistent with the applicable VDS Plan and Hostwover policies.

Customers must not knowingly operate insecure open proxies or open relays that facilitate uncontrolled abuse.

Where technically and legally permitted, Customers may operate game servers subject to:

• resource limits.
• network requirements.
• licensing.
• Acceptable Use Policy; and
• security obligations.

Customers may operate websites, APIs, applications, databases, and other lawful workloads subject to the applicable Service requirements.

The Customer is responsible for:

• database security.
• users.
• credentials.
• backups.
• replication.
• configuration.
• performance; and
• data integrity.

Customers should not publicly expose database administration ports without appropriate security controls.

Customers may use container technology where supported by the Guest Operating System and VDS configuration.

The Customer is responsible for container:

• images.
• runtime security.
• networking.
• credentials.
• updates; and
• workload isolation.

Where the Customer deploys orchestration systems, the Customer is responsible for their configuration, security, and operation.

Resource-intensive workloads must remain within the technical and policy limits applicable to the VDS Plan.

The availability of VDS resources does not automatically authorize any particular cryptocurrency, mining, blockchain, or intensive-compute workload.

Such workloads remain subject to:

• Acceptable Use Policy.
• plan limitations.
• security requirements.
• resource restrictions; and
• applicable law.

The VDS must not be used to conduct or facilitate illegal activity.

The VDS must not be used to conduct unauthorized:

• brute-force attacks.
• credential stuffing.
• exploitation.
• botnet control.
• password attacks.
• malicious scanning.
• DDoS.
• malware operations; or
• network intrusion.

Unauthorized or deceptive:

• IP spoofing.
• packet spoofing.
• email spoofing.
• identity spoofing; or
• similar activity

is prohibited.

The VDS must not knowingly be used for phishing or credential theft.

Distribution or control of malware is prohibited except where a legitimate and authorized security-research activity is expressly permitted by applicable policy and law.

Operating, controlling, or supporting an unauthorized botnet is prohibited.

The VDS must not be used to conduct or facilitate fraud.

The Customer must not knowingly use the VDS to infringe:

• copyrights.
• trademarks.
• software licenses.
• trade secrets; or
• other protected rights.

The Customer is responsible for all Customer Content hosted or processed through the VDS.

Hostwover may investigate credible abuse reports relating to a VDS.

An investigation may include review of relevant technical information such as:

• IP addresses.
• network activity.
• timestamps.
• Instance information.
• abuse reports.
• security alerts; and
• other information reasonably necessary to evaluate the complaint.

The Customer must reasonably cooperate with legitimate abuse investigations.

Hostwover may require corrective action such as:

• removing harmful Content.
• patching compromised software.
• terminating abusive processes.
• changing credentials.
• restricting ports.
• reinstalling the VDS.
• stopping prohibited traffic; or
• another appropriate remediation.

An urgent abuse incident may require immediate action without prior notice.

Repeated unresolved abuse may result in:

• restriction.
• suspension.
• filtering.
• termination; or
• another proportionate action permitted by Hostwover policies.

Hostwover may provide snapshot functionality with eligible VDS Plans.

Snapshots are primarily intended for:

• recovery.
• rollback.
• migration.
• testing; or
• point-in-time preservation.

A snapshot within the same virtualization platform should not be the Customer's only backup of critical data.

A snapshot does not necessarily guarantee application-consistent database or filesystem state if applications were actively writing during creation.

Restoring a snapshot may overwrite the current VDS state.

Customers should back up current data before restoring an older snapshot where preservation is important.

Snapshot retention is determined by the applicable VDS Plan or snapshot Service.

Hostwover does not guarantee indefinite retention of snapshots.

Snapshots associated with a terminated VDS may be deleted according to the applicable technical lifecycle.

VDS backups are included only where expressly stated in the applicable VDS Plan or purchased separately.

The Customer remains responsible for maintaining independent backups appropriate to the importance of Customer Data.

The scope of Hostwover-provided backups, where available, is determined by the applicable Service description.

Backup frequency is not guaranteed unless expressly stated.

Backup retention is determined by the relevant VDS Plan or backup feature.

Hostwover may provide restoration functionality where supported.

Restoring a backup may overwrite newer Customer Data.

No backup technology can guarantee recovery from every:

• corruption event.
• ransomware incident.
• malware event.
• configuration failure.
• software error.
• hardware issue; or
• other disaster scenario.

Customers should periodically test important backups.

The Customer is responsible for third-party or Customer-installed backup software.

Hostwover may provide VDS monitoring functionality.

Hostwover may monitor technical indicators relating to:

• Instance status.
• CPU.
• memory.
• storage.
• network.
• Infrastructure health.
• security; or
• availability.

Infrastructure monitoring does not mean Hostwover is responsible for monitoring the business functionality of Customer applications.

Customers operating critical workloads should implement appropriate:

• application monitoring.
• database monitoring.
• log monitoring.
• alerting; and
• availability monitoring.

Hostwover may maintain Infrastructure and security logs necessary for:

• operation.
• support.
• security.
• abuse handling.
• fraud prevention.
• performance.
• network management; and
• legal compliance.

Logs generated inside the Guest Operating System are generally controlled by the Customer.

Customer-generated logs consume Customer storage unless an external logging Service is used.

Customers should avoid unnecessarily logging:

• passwords.
• private keys.
• authentication tokens.
• payment-card security data; and
• other secrets.

Hostwover may offer VDS regions or locations according to Service availability.

A particular region may become:

• temporarily unavailable.
• capacity constrained.
• unavailable for new orders; or
• discontinued.

The Customer is responsible for selecting an appropriate region considering factors including:

• latency.
• legal requirements.
• data requirements.
• Customer location; and
• application architecture.

Moving a VDS to another region may require:

• a new Instance.
• data migration.
• snapshot transfer.
• downtime.
• IP changes; or
• Customer action.

Region migration is not guaranteed unless supported by the Service.

Hostwover may migrate a VDS between underlying Infrastructure where reasonably necessary.

Migration may occur for:

• hardware maintenance.
• failure prevention.
• hardware failure.
• security.
• capacity.
• upgrades.
• network changes.
• storage changes.
• disaster recovery; or
• Service continuity.

Infrastructure migration may cause:

• temporary interruption.
• reboot.
• short performance variation.
• IP change where necessary; or
• another technical effect.

Where technically supported, live migration may be used.

Live migration does not create an absolute guarantee of zero downtime.

The VDS may be rebooted because of:

• Customer action.
• Infrastructure maintenance.
• virtualization updates.
• hardware maintenance.
• emergency security work.
• recovery operations; or
• another technical requirement.

Hostwover may provide controls such as:

• start.
• stop.
• restart.
• shutdown.
• hard reset; or
• rebuild.

Forced shutdown or reset may create a risk of:

• filesystem corruption.
• database inconsistency.
• incomplete writes.
• application errors; or
• data loss.

A standard VDS does not automatically include high availability across multiple physical hosts, zones, or regions unless expressly stated.

Customers requiring high availability may need to design:

• multiple Instances.
• load balancing.
• replicated databases.
• multiple regions.
• failover DNS.
• independent backups; or
• another redundant architecture.

Hostwover's Infrastructure recovery measures do not replace the Customer's responsibility to maintain application-level disaster-recovery planning.

Hostwover seeks to provide reliable VDS Infrastructure.

Service availability remains subject to the applicable Service Level Agreement.

Where an SLA applies, it governs:

• uptime commitments.
• measurement.
• exclusions.
• Service credits.
• claim procedures; and
• applicable remedies.

Marketing statements, maximum network speeds, or performance descriptions do not create an SLA different from the published Service Level Agreement.

Hostwover may conduct scheduled maintenance affecting:

• physical servers.
• virtualization systems.
• network systems.
• storage.
• management systems.
• security systems; or
• related Infrastructure.

Where reasonably practical, Hostwover may provide advance notice of scheduled maintenance expected to materially affect availability.

Emergency maintenance may occur without advance notice where necessary to address:

• critical vulnerabilities.
• hardware failure.
• network failure.
• storage risk.
• active attack.
• data-integrity risk; or
• another urgent Infrastructure issue.

Underlying physical hardware may fail.

Hostwover may use:

• migration.
• replacement.
• recovery.
• restore.
• re-provisioning; or
• another appropriate procedure

to address the failure.

Hostwover cannot guarantee that physical hardware will never fail.

Hostwover is not responsible for application downtime caused solely by Customer-controlled matters.

Examples include:

• application bugs.
• expired certificates.
• database errors.
• incorrect firewall rules.
• failed Customer updates.
• full storage.
• configuration errors; or
• Customer software failure.

Hostwover does not guarantee reliability or compatibility of Customer-installed third-party applications.

Hostwover provides VDS resources according to the applicable plan but does not guarantee a specific application-level performance result unless expressly stated.

Application performance may depend on:

• Customer software.
• code quality.
• database architecture.
• operating-system configuration.
• caching.
• storage workload.
• external APIs.
• network path.
• encryption.
• application architecture; and
• workload characteristics.

Benchmark results may vary according to:

• testing methodology.
• test duration.
• workload.
• Guest Operating System.
• software.
• geographic location; and
• technical conditions.

A benchmark or marketing performance comparison does not create a guaranteed benchmark result unless expressly made part of the VDS Plan.

Eligible VDS Plans may support upgrades.

An upgrade may increase:

• CPU.
• RAM.
• storage.
• traffic.
• network capacity; or
• other plan resources.

Upgrade pricing will be presented before the Customer confirms the applicable upgrade.

Where Hostwover supports prorated upgrades, the billing system will calculate the applicable amount according to the pricing and remaining Service period.

Proration is not guaranteed unless offered for the applicable plan.

An upgrade may require:

• reboot.
• migration.
• disk changes.
• temporary interruption; or
• another technical operation.

Increasing virtual storage may require the Customer to expand:

• partitions.
• filesystems.
• logical volumes; or
• Guest Operating System configuration.

Virtual disk reduction may not be technically supported.

A VDS downgrade may be available only where technically possible.

The Customer may need to reduce:

• storage usage.
• memory requirements.
• application requirements; or
• other resource usage

before downgrading.

Hostwover does not guarantee that every VDS can be downgraded without rebuilding or migrating the Instance.

Changing VDS Plan may affect:

• resource allocations.
• price.
• network characteristics.
• IP allocation.
• backups.
• snapshots.
• region availability; and
• other features.

The billing provisions of Hostwover's Terms of Service apply to VDS Services.

A VDS may be offered on:

• monthly.
• yearly; or
• another disclosed billing term.

The price applicable to the selected VDS will be displayed during the relevant order or renewal process.

Applicable taxes and government charges will be handled according to applicable law.

Promotional pricing may apply only for:

• selected plans.
• selected Customers.
• selected billing periods.
• initial purchases; or
• other disclosed conditions.

VDS renewal pricing may differ from:

• introductory pricing.
• promotional pricing.
• historical pricing; or
• previous renewal pricing.

Future VDS prices may change because of:

• Infrastructure costs.
• hardware costs.
• licensing.
• network costs.
• energy costs.
• currency.
• taxes.
• Service changes; or
• commercial pricing decisions.

Where Auto-Renew is enabled, Hostwover may attempt to renew the VDS using an authorized payment method.

Auto-Renew does not guarantee successful renewal.

A renewal or payment may fail because of:

• insufficient funds.
• payment decline.
• expired payment method.
• payment-provider issues.
• Account restriction.
• verification requirement; or
• another payment issue.

Where renewal fails, the VDS may become:

• unpaid.
• restricted.
• suspended.
• expired; or
• terminated

according to the applicable billing process.

Hostwover may suspend an unpaid VDS where contractually and legally permitted.

Suspension does not automatically cancel the subscription.

Charges may continue where resources remain reserved or allocated to the Customer.

Hostwover may retry an authorized failed payment where applicable.

Knowingly fraudulent chargebacks are prohibited.

Legitimate payment disputes will be handled according to applicable law and Hostwover complaint procedures.

VDS refund eligibility is governed by:

• Refund Policy.
• applicable Service conditions; and
• mandatory law.

Refund treatment may consider:

• provisioning.
• duration of use.
• consumed resources.
• third-party licenses.
• promotional conditions.
• previous refunds.
• abuse; and
• timing.

Where the SLA provides Service credits, those credits are governed by the SLA.

Hostwover may suspend or restrict a VDS where reasonably necessary because of:

• non-payment.
• serious abuse.
• security risk.
• compromised Instance.
• fraud.
• legal requirement.
• network attack.
• prohibited Content.
• material violation of Hostwover policies; or
• another basis permitted under the Terms of Service.

Where reasonably possible, Hostwover will seek to use action proportionate to the identified issue.

Immediate suspension may occur where delay could create material:

• security risk.
• network harm.
• fraud.
• legal risk.
• third-party harm; or
• Infrastructure instability.

During suspension:

• network connectivity may stop.
• applications may become unavailable.
• console access may be restricted.
• Customer Data may remain temporarily stored.
• IP resources may remain allocated; and
• billing obligations may continue.

Reactivation may require:

• payment.
• identity verification.
• abuse remediation.
• security remediation.
• removal of prohibited Content.
• system rebuild; or
• another corrective action.

The Customer may cancel an eligible VDS using available Hostwover functionality or another supported process.

Depending on the Service, cancellation may:

• disable future renewal.
• schedule termination at the end of the paid period; or
• terminate the VDS.

The Customer should review the cancellation interface and confirmation before completing the action.

The Customer must preserve important Customer Data before VDS termination.

Cancelling a VDS does not automatically cancel:

• domains.
• VPS.
• Web Hosting.
• Professional Email.
• Google Workspace; or
• another independent Service.

A VDS may be terminated because of:

• Customer cancellation.
• expiration.
• prolonged non-payment.
• material breach.
• serious abuse.
• fraud.
• security threats.
• legal requirements; or
• another basis permitted under the Terms of Service.

After termination:

• the VDS may stop operating.
• network access may stop.
• IP addresses may be released.
• virtual disks may become unavailable.
• console access may stop.
• snapshots may be deleted.
• backups may expire; and
• Customer Data may be permanently deleted.

Hostwover does not guarantee that VDS data will remain available for any specific period after termination unless an applicable Service description expressly states otherwise.

After the applicable technical and legal retention period, Hostwover may permanently delete:

• virtual disks.
• Instance data.
• snapshots.
• temporary recovery data.
• VDS metadata where no longer required; and
• related resources.

Some data may remain temporarily in backup systems according to their normal retention lifecycle.

Temporary backup retention does not create a right to restore a terminated VDS indefinitely.

Hostwover does not guarantee recovery of Customer Data after VDS termination.

Hostwover is not responsible for data loss resulting solely from authorized Customer actions such as:

• deleting the VDS.
• formatting disks.
• reinstalling the system.
• deleting files.
• deleting databases; or
• restoring older data.

Mandatory rights remain unaffected.

The Customer is responsible for persons authorized to access the VDS through the Customer's Hostwover Account or server credentials.

Customers may authorize employees, developers, contractors, or administrators to access a VDS.

The Customer is responsible for access permissions granted to them.

Customers should revoke access promptly when a person no longer needs it.

Where multiple parties claim control of a VDS or related Account, Hostwover may request appropriate evidence.

Evidence may include:

• identity information.
• company records.
• invoices.
• Account history.
• authorization documents; or
• other relevant information.

Hostwover may temporarily restrict sensitive changes while a credible ownership dispute is investigated.

Hostwover provides support within the scope applicable to the VDS Service.

Support may include:

• provisioning.
• VDS state.
• Hostwover management interface.
• Infrastructure availability.
• network allocation.
• console functionality.
• billing.
• Hostwover firewall functionality.
• backups where included.
• snapshots where included; and
• Hostwover-controlled Infrastructure.

For unmanaged VDS Services, Hostwover is not responsible for administering arbitrary Customer-installed software.

Hostwover is not automatically responsible for configuring or debugging:

• Nginx.
• Apache.
• Node.js.
• PHP applications.
• databases.
• Docker.
• Kubernetes.
• control panels.
• VPN software.
• mail servers.
• Customer firewalls.
• application code; or
• other Customer-managed software.

Hostwover may voluntarily provide guidance outside the normal support scope.

Such assistance does not create a permanent management obligation.

Where separately offered, managed administration or technical work may have:

• separate pricing.
• separate scope.
• separate limitations; and
• additional terms.

Where troubleshooting legitimately requires application-level access, Hostwover may request temporary credentials using an appropriate method.

The Customer should rotate temporary credentials after the support task is complete.

Customers should never send private SSH keys through ordinary support communications.

Hostwover processes VDS-related Personal Data according to its Privacy Policy.

Hostwover may process information including:

• Account information.
• VDS identifiers.
• IP information.
• region.
• billing information.
• support information.
• security events.
• abuse information.
• Infrastructure metrics; and
• technical logs.

Hostwover personnel should access VDS Infrastructure or Customer environments only where reasonably necessary for authorized purposes.

Such purposes may include:

• support.
• maintenance.
• security.
• incident response.
• abuse investigation.
• migration.
• recovery; or
• legal compliance.

Hostwover does not routinely administer Customer applications inside an unmanaged VDS.

Hostwover may rely on authorized third-party:

• data centers.
• networks.
• hardware.
• virtualization technology.
• storage.
• monitoring.
• security systems; or
• other Infrastructure components.

Underlying Infrastructure arrangements may change over time.

Hostwover may migrate or modify technical implementation where reasonably necessary to maintain the VDS Service.

Hostwover may make reasonable technical changes to:

• improve security.
• improve reliability.
• improve performance.
• replace obsolete technology.
• respond to capacity.
• maintain compatibility; or
• comply with law.

Hostwover will seek not to materially reduce the core specifications of the Customer's paid VDS during the current paid term without an appropriate:

• reason.
• replacement.
• migration.
• remedy.
• Customer option; or
• treatment required by applicable law.

Hostwover may discontinue a VDS Plan for new purchases.

Existing Customers may, depending on circumstances:

• remain on the existing plan.
• migrate.
• receive a replacement plan.
• receive an upgrade option.
• receive notice; or
• receive another appropriate solution.

Experimental or beta VDS functionality may:

• change.
• contain errors.
• have limited support.
• be discontinued; or
• differ from generally available functionality.

Hostwover may respond to valid legal requests relating to a VDS where required by applicable law.

Hostwover may preserve relevant data or records where legally required.

Legal preservation does not necessarily mean the Customer will continue to have access to the preserved information.

The Customer must use the VDS in accordance with applicable law.

The Customer is responsible for regulatory requirements applying to the Customer's own:

• business.
• applications.
• users.
• Content.
• Personal Data.
• communications; and
• processing activities.

Hostwover may restrict a VDS transaction where a binding sanctions, export-control, legal, or regulatory requirement prevents Hostwover from providing the Service.

Hostwover's Information Security Policy applies to security practices under Hostwover's control.

No Internet-connected virtual server can be guaranteed completely secure against every:

• attack.
• vulnerability.
• configuration error.
• zero-day exploit.
• credential compromise; or
• external network event.

The Customer should promptly report suspected Infrastructure-level security incidents to Hostwover.

The Customer remains responsible for investigating application-level incidents under Customer control.

Security research concerning Hostwover Infrastructure must comply with Hostwover's Responsible Disclosure Policy.

Hostwover may send operational communications concerning:

• provisioning.
• billing.
• renewal.
• payment failure.
• maintenance.
• security.
• abuse.
• network incidents.
• suspension.
• termination.
• migration; and
• Service changes.

Necessary Service communications may be sent regardless of optional marketing preferences.

The Customer is responsible for maintaining accurate Account contact information.

Failure to read a Service notice does not automatically prevent an otherwise valid:

• payment deadline.
• security action.
• maintenance event.
• expiration; or
• termination

where Hostwover has fulfilled applicable notification obligations.

Hostwover does not guarantee that a VDS will produce:

• revenue.
• sales.
• traffic.
• customers.
• application success.
• profitability.
• search rankings; or
• another commercial result.

A VDS Plan may not be suitable for every workload.

The Customer is responsible for selecting a Service appropriate to its technical requirements.

Customers operating important workloads should monitor:

• CPU.
• RAM.
• disk usage.
• storage performance.
• traffic.
• application latency; and
• other relevant capacity indicators.

Where a workload exceeds the purchased resources, the Customer may need to:

• optimize.
• upgrade.
• distribute workloads.
• add Instances; or
• use another Hostwover Service.

A standard VDS should not be assumed to scale automatically unless the applicable Service expressly includes automatic scaling.

Hostwover is not responsible for designing the Customer's application architecture unless such consulting is expressly purchased.

The Customer is responsible for ensuring Customer software is compatible with the selected:

• architecture.
• operating system.
• CPU.
• memory.
• storage.
• kernel.
• network configuration; and
• other VDS characteristics.

Third-party software licensing changes may affect software installed on a VDS.

Hostwover is not responsible for independent licensing changes imposed by software publishers.

The force-majeure provisions in the Terms of Service apply to this Agreement.

Hostwover's liability concerning VDS Services is governed by the limitation-of-liability provisions of the Terms of Service.

Nothing in this Agreement excludes liability that cannot legally be excluded.

To the maximum extent permitted by applicable law, Hostwover is not responsible for loss caused solely by Customer-controlled matters such as:

• insecure credentials.
• Customer firewall rules.
• unpatched software.
• application bugs.
• Customer deletion.
• lost encryption keys.
• Customer DNS changes.
• Customer database changes.
• Customer scripts.
• incorrectly exposed network services; or
• unauthorized persons granted access by the Customer.

To the maximum extent permitted by applicable law, the Customer agrees to indemnify Hostwover against third-party claims and reasonable costs arising directly from:

• unlawful Customer Content.
• Customer-operated attacks.
• spam.
• fraud.
• intellectual-property infringement caused by Customer Content.
• unauthorized processing controlled by the Customer.
• intentional misuse of the VDS; or
• material breach of this Agreement.

This does not apply to the extent the claim results from Hostwover's own conduct for which Hostwover is legally responsible.

Nothing in this Agreement removes a right that cannot lawfully be excluded.

Where the Customer qualifies for mandatory consumer protection, those rights prevail over conflicting contractual provisions to the extent required by applicable law.

Subject to mandatory legal protections, this Agreement is governed by the governing law specified in Hostwover's Terms of Service.

Where the Terms of Service specify the laws of the Arab Republic of Egypt, the same governing law applies to this Agreement.

Customers may submit VDS complaints through Hostwover Support.

Applicable disputes may also be handled under Hostwover's Complaints & Dispute Resolution procedures.

Nothing prevents Customers from exercising mandatory regulatory or legal rights.

Hostwover may update this Agreement to reflect:

• VDS changes.
• technical developments.
• Infrastructure changes.
• billing changes.
• security requirements.
• legal developments.
• policy changes; or
• clarification of existing terms.

The latest published version will display an updated Last Updated date.

Where applicable law requires notice of a material contractual change, Hostwover may provide notice through:

• email.
• Account notification.
• website notice; or
• another appropriate channel.

Where applicable law requires explicit acceptance of a contractual change, Hostwover will seek such acceptance.

If this Agreement conflicts with mandatory applicable law, mandatory law controls to the extent of the conflict.

For conflicts specifically concerning the VDS Service, the general order of precedence is:

1. mandatory applicable law.
2. expressly agreed VDS-specific order terms.
3. this VDS Agreement.
4. Hostwover Terms of Service.
5. applicable Hostwover policies.

If a provision is invalid or unenforceable, the remaining provisions continue to apply to the maximum extent legally permitted.

Failure to immediately enforce a provision does not permanently waive Hostwover's right to enforce it.

The Customer may not transfer contractual control of the VDS outside an authorized Account or ownership-transfer process where approval is required.

Changes involving business ownership or organizational control may require verification.

This Agreement may be accepted electronically.

Hostwover may maintain records including:

• Account identifier.
• VDS Plan.
• Instance identifier.
• Agreement version.
• acceptance timestamp.
• IP information.
• order information; and
• relevant transaction records.

This Agreement, together with:

• Terms of Service.
• applicable VDS order.
• VDS Plan description.
• applicable policies.
• applicable SLA; and
• expressly incorporated terms

forms the agreement governing the relevant VDS Service.

Customers using VDS Services should also review:

• Terms of Service
• VPS Agreement, where VPS Services are separately used
• Acceptable Use Agreement
• Acceptable Use Policy
• Abuse Handling Policy
• Privacy Policy
• Privacy / Data Protection Policy
• Information Security Policy
• Refund Policy
• Service Level Agreement
• Customer Service Policy
• Responsible Disclosure Policy
• Trademark & Copyright Policy
• Complaints & Dispute Resolution

Where domains or other Hostwover products are separately used with the VDS, their applicable agreements also apply.

For assistance concerning VDS Services:

Hostwover Support

Website: hostwover.com

Email: [email protected]

Where appropriate, include:

• Hostwover Account email.
• VDS or Instance identifier.
• affected IP address.
• region.
• approximate time of the issue.
• relevant error information; and
• a clear description of the problem.

Do not send:

• passwords.
• private SSH keys.
• complete payment-card information.
• CVV codes.
• MFA recovery codes.
• database passwords.
• API secrets; or
• other unnecessary credentials

through ordinary support communications.

By purchasing or using a Hostwover VDS, you acknowledge that a Virtual Dedicated Server provides significant administrative control and stronger virtual resource isolation according to the applicable VDS Plan, while remaining a virtualized infrastructure Service.

Hostwover is responsible for operating the VDS Infrastructure within Hostwover's control and providing the virtual resource characteristics described by the purchased plan.

The Customer is responsible for the Guest Operating System and Customer-controlled:

• applications.
• databases.
• credentials.
• network services.
• firewall configuration.
• Customer Content.
• software security.
• Personal Data.
• encryption.
• backups; and
• application architecture,

unless an applicable managed Service expressly states otherwise.

Hostwover will seek to provide:

• the dedicated or reserved virtual resources described by the applicable VDS Plan.
• appropriate virtualization isolation.
• reliable Infrastructure.
• network connectivity.
• security controls.
• monitoring where included.
• recovery functionality where included.
• applicable customer support; and
• proportionate handling of security, abuse, billing, and operational incidents.

The Customer remains responsible for:

• protecting root and administrator access.
• maintaining operating-system security.
• applying security updates.
• protecting encryption keys.
• maintaining independent backups.
• monitoring resources.
• securing applications and databases.
• using network resources responsibly.
• responding to security and abuse incidents.
• monitoring billing and renewal.
• exporting important Customer Data before termination; and
• complying with applicable law and Hostwover policies.