VPS Agreement

This Virtual Private Server Agreement ("Agreement") governs the purchase, provisioning, administration, access, renewal, suspension, cancellation, termination, and use of Virtual Private 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 VPS Service ("Customer", "you", or "your").

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

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

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

• Terms of Service.
• Acceptable Use Agreement.
• Acceptable Use Policy.
• Abuse Handling Policy.
• Privacy 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 VPS Service.

Where a domain or another Hostwover Service is used with the VPS, the applicable separate agreement for that Service also applies.

For this Agreement:

VPS

A Virtual Private Server made available to the Customer according to the purchased VPS Plan.

VPS Plan

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

Instance

The individual virtual server provisioned for the Customer.

Guest Operating System

The operating system installed within the VPS.

Root Access

Administrative or equivalent privileged access to the Guest Operating System.

Customer Data

Files, applications, databases, software, configurations, credentials, communications, or other information stored or processed within the Customer's VPS.

Snapshot

A point-in-time representation or recovery copy of some or all of a VPS state where such functionality is provided.

Backup

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

Infrastructure

Physical servers, virtualization systems, networks, storage systems, data centers, and related technology used to provide the VPS Service.

A VPS provides a virtualized server environment with resources allocated according to the purchased VPS Plan.

Depending on the plan, the VPS may include specifications relating to:

• virtual CPUs.
• memory.
• storage.
• network connectivity.
• traffic allowance.
• IP addresses.
• region.
• operating-system images.
• snapshots.
• backups.
• monitoring.
• firewall functionality.
• console access; and
• other features.

Only specifications expressly included in the applicable VPS Plan or order are contractually included.

A VPS operates within virtualized Infrastructure.

Unless a VPS Plan expressly states that a particular resource is dedicated, Customers should not assume that the underlying physical server or every physical hardware component is exclusively assigned to one Customer.

Hostwover applies virtualization and isolation mechanisms appropriate to the VPS Service.

A VPS should not be assumed to provide the same resource-allocation or isolation characteristics as a Virtual Dedicated Server ("VDS").

Where a Customer requires stronger resource isolation, dedicated virtualized resources, or other VDS-specific characteristics, the Customer should select an appropriate VDS Plan.

VDS Services are governed by the separate VDS Agreement.

Each VPS Plan may define characteristics including:

• vCPU allocation.
• RAM.
• storage.
• storage technology.
• traffic allowance.
• network-port capacity.
• region.
• IP allocation.
• backup functionality.
• snapshot functionality.
• billing period; and
• additional features.

The specifications displayed for the purchased plan form part of the Service description.

Purchasing a VPS does not transfer ownership of:

• physical servers.
• processors.
• memory modules.
• storage hardware.
• network equipment.
• racks.
• data-center equipment; or
• other underlying Infrastructure

to the Customer.

The Customer receives the contractual right to use the VPS Service during the applicable paid term.

Following successful ordering, Hostwover will attempt to provision the VPS.

Provisioning may require:

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

The VPS is considered active after provisioning has successfully completed and the Instance is made available for Customer use.

An:

• order.
• invoice.
• payment attempt.
• payment authorization; or
• pending provisioning status

does not by itself mean that provisioning has completed.

Provisioning may fail because of:

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

Where a paid VPS cannot be provisioned, the affected payment will be handled according to the Terms of Service, Refund Policy, and applicable law.

Hostwover may seek to provision VPS Services promptly after successful ordering.

However, Hostwover does not guarantee a specific provisioning time unless expressly stated.

Provisioning may be delayed by:

• verification.
• payment processing.
• capacity.
• Infrastructure maintenance.
• network issues.
• security review; or
• other technical conditions.

A VPS may be assigned technical identifiers including:

• Instance identifier.
• hostname.
• IP address.
• region.
• server label.
• network identifier; or
• other Infrastructure metadata.

Such identifiers may change where reasonably necessary to operate the Service.

Eligible VPS Services may provide the Customer with root, administrator, or equivalent privileged access.

Root access gives the Customer substantial control over the Guest Operating System.

The Customer is responsible for all actions performed using privileged access.

Unless the applicable VPS Plan or order expressly states that a managed administration Service is included, the VPS is provided as an unmanaged server environment.

This means that Hostwover is responsible for the underlying VPS Infrastructure within Hostwover's control, while the Customer is responsible for administration of the Guest Operating System and software installed within the VPS.

For an unmanaged VPS, the Customer is responsible for matters including:

• operating-system configuration.
• software installation.
• security updates.
• package updates.
• firewall configuration inside the VPS.
• SSH configuration.
• remote-access configuration.
• user accounts.
• passwords.
• SSH keys.
• databases.
• web servers.
• mail servers.
• application servers.
• containers.
• scheduled tasks.
• application security.
• data security; and
• troubleshooting Customer-installed software.

If Hostwover offers a managed VPS feature or administration package, the scope of that management will be determined by the applicable Service description.

The existence of technical support does not automatically make an otherwise unmanaged VPS a managed Service.

The Customer must protect all privileged credentials associated with the VPS.

This includes:

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

Where supported, Hostwover may provide functionality allowing the Customer to:

• reset credentials.
• use console access.
• reinstall the server.
• enter rescue functionality; or
• perform another recovery procedure.

Hostwover does not guarantee recovery of Customer Data merely because administrative credentials have been lost.

Hostwover may offer supported operating-system images for VPS deployment.

Available images may change over time.

Hostwover may:

• add images.
• update images.
• discontinue obsolete images.
• replace unsupported versions; or
• remove images that create material security or compatibility concerns.

Some operating systems or software may require separate licenses.

Where a commercial license is included in a VPS Plan, the inclusion will be disclosed.

Otherwise, the Customer is responsible for obtaining and complying with necessary software licenses.

Where Hostwover permits Customer-provided images, ISOs, templates, or custom operating systems, the Customer is responsible for:

• licensing.
• security.
• compatibility.
• configuration.
• updates; and
• legality

of the uploaded or installed software.

Hostwover may be unable to provide technical assistance for:

• obsolete operating systems.
• end-of-life distributions.
• unsupported kernels.
• modified operating systems.
• custom kernels; or
• unusual software configurations.

Customers using unsupported systems do so at their own technical risk.

Hostwover may provide VPS reinstallation or rebuild functionality.

A reinstall may permanently overwrite:

• operating-system data.
• applications.
• configurations.
• databases.
• files.
• users; and
• other Customer Data.

By confirming a reinstall or rebuild operation, the Customer authorizes destruction or replacement of data affected by that operation.

Customers must make appropriate backups before reinstalling a VPS.

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

Hostwover does not guarantee that overwritten data can be recovered.

Where supported, Hostwover may provide rescue, recovery, or console functionality to assist with:

• filesystem repair.
• boot issues.
• credential reset.
• network troubleshooting; or
• other server-administration tasks.

Such functionality is provided as an administrative tool and does not guarantee recovery.

Hostwover may provide virtual console or equivalent access.

Console access may allow management of a VPS even where network configuration prevents ordinary remote access.

Availability depends on the technical environment.

The Customer retains rights to 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 stored on VPS Infrastructure.

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

• provide the VPS.
• store data.
• maintain Infrastructure.
• migrate Infrastructure.
• perform requested recovery operations.
• provide requested technical support.
• maintain security.
• investigate abuse.
• comply with law; or
• perform other obligations relating to the Service.

The Customer is responsible for ensuring that Customer Data is:

• lawfully collected.
• lawfully stored.
• lawfully processed.
• adequately protected; and
• used in compliance with applicable law.

Customers may use VPS Services to process Personal Data relating to their own users, customers, employees, or other individuals.

The Customer is responsible for determining its own legal obligations concerning such processing.

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

Additional data-processing terms may apply where required.

Customers are encouraged to apply encryption appropriate to the sensitivity of their own Customer Data.

Where the Customer controls:

• disk encryption.
• database encryption.
• application encryption.
• key management; or
• end-to-end encryption,

the Customer is responsible for configuring and maintaining those protections.

Hostwover may be unable to recover Customer Data encrypted with Customer-controlled keys if those keys are lost.

Customers are responsible for securely backing up encryption keys and recovery material.

Hostwover applies security measures to Infrastructure within Hostwover's control.

The Customer is responsible for securing the Guest Operating System and Customer-controlled applications.

Hostwover's responsibilities may include:

• physical or Infrastructure-level security.
• virtualization security.
• Infrastructure networking.
• access controls for Hostwover personnel.
• Infrastructure monitoring.
• underlying hardware management; and
• other controls within Hostwover's operational scope.

Customer responsibilities include:

• Guest Operating System security.
• software patching.
• firewall rules inside the VPS.
• user access.
• credentials.
• applications.
• databases.
• encryption.
• hosted Content; and
• Customer-configured services.

The Customer is responsible for applying security updates within the Guest Operating System unless a managed Service expressly states otherwise.

Failure to patch known vulnerabilities may result in compromise.

Customers may configure automatic update functionality where supported by their operating system.

The Customer remains responsible for monitoring compatibility and update status.

The VPS may support:

• Infrastructure-level firewall functionality.
• Guest Operating System firewalls.
• application-level filtering; or
• a combination of controls.

The Customer remains responsible for Customer-configured firewall rules.

The Customer is responsible for services exposed through network ports within the VPS.

Customers should avoid exposing unnecessary services to the public Internet.

Customers using SSH should apply reasonable security measures including:

• strong authentication.
• SSH keys where appropriate.
• restricted privileged access.
• removal of unused users.
• monitoring; and
• timely security updates.

Where the Customer enables Remote Desktop or another remote-administration protocol, the Customer is responsible for securing that access.

Hostwover does not guarantee protection of services exposed through insecure Customer configuration.

Customers must not knowingly:

• install.
• distribute.
• host.
• control.
• transmit; or
• facilitate

malware or other malicious software through a VPS.

If a VPS becomes compromised, Hostwover may require the Customer to take remediation actions such as:

• changing credentials.
• patching software.
• removing malware.
• reinstalling the VPS.
• closing vulnerable services.
• restoring clean data.
• restricting network access; or
• taking another reasonable security measure.

Hostwover may temporarily restrict, isolate, suspend, or filter an affected VPS without prior notice where reasonably necessary to stop an immediate threat.

Examples include:

• active malware.
• outgoing attacks.
• phishing.
• credential theft.
• DDoS participation.
• botnet activity.
• active exploitation; or
• another material security incident.

The Customer is responsible for vulnerabilities within Customer-installed software.

Hostwover remains responsible for vulnerabilities within Infrastructure under Hostwover's control.

A VPS must not be used for unauthorized:

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

against systems for which the Customer does not have appropriate authorization.

Customers conducting legitimate security testing must ensure they possess appropriate authorization for the systems being tested.

Testing must also comply with the Acceptable Use Policy and applicable law.

VPS Services may include network connectivity according to the applicable plan.

Network characteristics may include:

• port capacity.
• traffic allowance.
• IP connectivity.
• routing.
• firewall functionality; and
• network location.

Any advertised network speed or port capacity represents the technical characteristic described for the applicable VPS Plan.

It does not guarantee that every connection, application, or transfer will continuously achieve that maximum speed.

Actual network throughput may depend on factors including:

• Internet routing.
• congestion.
• protocol overhead.
• remote endpoint capacity.
• traffic patterns.
• network attacks.
• geographic distance.
• Customer software; and
• external networks.

A VPS Plan may include a defined amount of included network traffic or another traffic arrangement.

Applicable limits are determined by the purchased VPS Plan.

Where a Service includes a traffic limit, exceeding that allowance may result in treatment disclosed for the applicable plan, which may include:

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

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

Customers must not use VPS network capacity in a way that materially harms:

• Hostwover Infrastructure.
• other Customers.
• upstream networks.
• third parties; or
• Internet stability.

A VPS may be targeted by distributed denial-of-service attacks.

Hostwover may apply measures such as:

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

where reasonably necessary to protect Infrastructure.

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

Very large or complex attacks may affect Service availability.

Customers must not intentionally use a VPS to launch, coordinate, facilitate, or participate in denial-of-service attacks.

Such activity may result in immediate suspension.

Hostwover may assign one or more:

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

according to the VPS Plan.

IP addresses allocated to a VPS remain technical network resources.

The Customer does not acquire permanent ownership of an assigned IP address.

Hostwover may reassign or change an IP address where reasonably necessary because of:

• Infrastructure migration.
• network changes.
• abuse.
• security.
• resource changes.
• Service modification; or
• technical necessity.

Where Customer action is required following a material IP change, Hostwover will seek to provide appropriate information.

When a VPS terminates, its IP addresses may be released and reassigned.

The Customer must not assume that an IP address will remain available after Service termination.

Hostwover does not guarantee that an IP address will have a particular:

• reputation score.
• geolocation classification.
• email-delivery reputation.
• blocklist status; or
• third-party trust rating.

If an assigned IP appears on a third-party blocklist or reputation database, Hostwover may investigate where appropriate.

Hostwover does not control independent third-party blocklist operators and cannot guarantee removal.

Third-party IP geolocation databases may identify an IP address differently from the actual VPS region.

Hostwover does not control external geolocation databases.

Reverse DNS or PTR configuration may be available where supported.

Customers are responsible for ensuring that configured PTR records are lawful and appropriate.

A VPS does not automatically include registration of a domain.

Customers may connect domains through DNS configuration separately.

Customers are responsible for DNS records they control, including:

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

Customers may operate mail-server software on a VPS only where:

• technically permitted.
• legally permitted.
• compliant with Hostwover policies; and
• not restricted by applicable network or security controls.

A VPS must not be used to send:

• unsolicited bulk email.
• phishing email.
• credential-theft messages.
• malware.
• deceptive messages; or
• other prohibited communications.

Hostwover may restrict, filter, rate-limit, or require additional verification for SMTP or mail-related network activity where reasonably necessary to:

• prevent abuse.
• protect IP reputation.
• prevent spam.
• reduce fraud; or
• protect Infrastructure.

Hostwover does not guarantee delivery of mail sent from a Customer-operated mail server.

Delivery may depend on:

• Customer configuration.
• reverse DNS.
• SPF.
• DKIM.
• DMARC.
• IP reputation.
• message Content.
• recipient policies.
• blocklists; and
• third-party systems.

Hostwover may investigate credible reports involving a VPS.

Reports may concern:

• spam.
• phishing.
• malware.
• attacks.
• fraud.
• intellectual-property infringement.
• unauthorized scanning.
• illegal Content; or
• other prohibited conduct.

Hostwover may review technical information reasonably necessary to investigate an abuse complaint.

Hostwover may request a Customer response or remediation.

Where Hostwover requests action concerning a credible abuse report, the Customer should respond within the period reasonably specified for the circumstances.

Urgent threats may require immediate remediation.

Required remediation may include:

• removing harmful Content.
• disabling malicious software.
• patching compromised systems.
• changing credentials.
• restricting access.
• stopping abusive processes.
• reinstalling a compromised system; or
• providing relevant information.

Repeated or unresolved abuse may result in:

• restrictions.
• suspension.
• network filtering.
• termination; or
• other action permitted by Hostwover policies and applicable law.

Hostwover will provide VPS resource allocations according to the purchased VPS Plan.

These may include:

• vCPU.
• RAM.
• storage.
• traffic.
• networking; and
• related resource characteristics.

A VPS vCPU represents virtualized processing capacity.

Unless expressly stated otherwise in the VPS Plan, a vCPU should not be interpreted as exclusive ownership of an entire physical CPU core.

The Customer may use CPU resources for legitimate workloads within the design and limits of the VPS Service.

Sustained or abnormal workloads that violate disclosed plan characteristics or materially threaten Infrastructure may be investigated.

Where Customer workload creates a material technical problem, Hostwover may require:

• optimization.
• workload reduction.
• plan upgrade.
• migration.
• temporary limitation; or
• another reasonable remedy.

The VPS is assigned memory according to the applicable plan.

Operating-system overhead and Customer software consume part of that memory.

The advertised RAM amount does not mean every byte is continuously available to a single application.

Storage is allocated according to the VPS Plan.

Customers are responsible for monitoring storage usage.

If VPS storage becomes full:

• applications may fail.
• databases may become corrupted.
• logging may fail.
• system updates may fail.
• the operating system may become unstable; or
• the VPS may stop functioning correctly.

The Customer is responsible for maintaining sufficient free space.

Storage performance may vary according to:

• workload.
• I/O patterns.
• virtualization.
• Infrastructure load.
• filesystem.
• Customer configuration; and
• technical architecture.

Hostwover does not guarantee a specific IOPS value unless expressly included in the VPS Plan.

Primary VPS storage should not be treated as an independent disaster-recovery backup.

Customers must maintain appropriate backup copies of important data.

Hostwover may provide snapshot functionality with certain VPS Plans.

Snapshots are intended primarily for recovery or point-in-time server state preservation.

A snapshot stored within the VPS platform should not be the Customer's only copy of critical information.

Customers should maintain independent backups appropriate to their own risk requirements.

A snapshot may capture some or all of:

• disks.
• filesystem state.
• server configuration; or
• other Instance data

depending on the applicable implementation.

A snapshot may not guarantee application-consistent copies of databases or applications that were actively writing data when the snapshot was created.

Customers operating databases should use application-appropriate backup procedures where necessary.

Restoring a snapshot may overwrite the current VPS state.

Customers should understand the effect of restoration before confirming it.

Snapshot retention depends on the VPS Plan or snapshot feature.

Hostwover does not guarantee indefinite retention of snapshots.

Snapshots associated with a terminated VPS may be deleted with the VPS or after the applicable retention period.

Customers must export important data before termination.

Where a VPS Plan expressly includes scheduled recovery snapshot functionality, the:

• schedule.
• retention.
• number of recovery points.
• scope; and
• restoration method

are determined by the applicable Service description.

A VPS Plan may include backups or allow backups to be purchased separately.

Backup functionality is included only when expressly stated.

Regardless of whether Hostwover provides backup functionality, the Customer remains responsible for maintaining independent backups appropriate to the importance of Customer Data.

Customers should periodically verify that important backups can be restored.

A backup that has never been tested should not be assumed to be sufficient for disaster recovery.

No backup technology guarantees successful recovery from every possible failure.

Backups may be affected by:

• corruption.
• Customer encryption.
• malware.
• application inconsistency.
• storage failure.
• configuration errors; or
• other technical events.

Where Customers install their own backup software or send backups to third-party storage, the Customer is responsible for:

• configuration.
• credentials.
• scheduling.
• encryption.
• retention.
• cost; and
• restoration.

Hostwover may provide monitoring functionality for technical indicators such as:

• availability.
• CPU.
• memory.
• disk.
• network.
• Service state; or
• other metrics.

The exact monitoring functionality depends on the VPS Plan.

Infrastructure monitoring does not mean Hostwover is monitoring the correctness of:

• Customer applications.
• databases.
• business processes.
• website functionality; or
• Customer Content

unless an applicable managed Service expressly provides such monitoring.

Customers operating important workloads should implement application-level monitoring appropriate to their own requirements.

Hostwover may allow Customers to select a VPS region or data-center location.

Available locations may change according to capacity and Service availability.

The Customer is responsible for selecting a region appropriate for:

• latency.
• business requirements.
• legal requirements.
• Customer users.
• data-processing considerations; and
• application architecture.

Selecting a VPS region does not mean that all:

• Account records.
• billing records.
• support records.
• monitoring data.
• security records.
• domain records; or
• administrative information

are processed exclusively in that region.

See the Privacy Policy for additional information.

Hostwover may migrate a VPS or underlying virtualized workload where reasonably necessary for:

• maintenance.
• hardware replacement.
• security.
• capacity.
• Infrastructure upgrades.
• network changes.
• failure recovery; or
• Service continuity.

Infrastructure migration may result in:

• temporary performance changes.
• short interruptions.
• reboots.
• IP changes where necessary.
• maintenance periods; or
• other technical effects.

Hostwover will seek to minimize unnecessary disruption.

Where technically available, Hostwover may use live migration or similar techniques.

The availability of live migration does not create a guarantee of zero downtime.

The VPS may require rebooting because of:

• Customer actions.
• operating-system updates.
• Infrastructure maintenance.
• kernel or virtualization updates.
• emergency security work.
• recovery operations; or
• hardware events.

Eligible VPS interfaces may provide actions such as:

• start.
• stop.
• restart.
• shutdown.
• power cycle; or
• rebuild.

The Customer is responsible for understanding the effect of those actions.

A forced power-off or hard reset may create a risk of:

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

Customers should use graceful shutdown procedures where practical.

A standard VPS should not be assumed to provide automatic high availability across multiple physical hosts or regions unless expressly stated in the VPS Plan.

Customers requiring high availability should design appropriate application redundancy.

Customers operating critical applications may consider:

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

Hostwover does not automatically configure such architecture unless expressly included.

Hostwover seeks to provide reliable VPS Services.

No VPS is guaranteed to be continuously available unless the applicable Service Level Agreement establishes a specific commitment.

Where an SLA applies, the SLA governs:

• uptime commitment.
• measurement.
• exclusions.
• Service credits.
• claim requirements; and
• applicable remedies.

Marketing statements or maximum technical specifications do not create an uptime guarantee separate from the published Service Level Agreement.

Hostwover may perform scheduled maintenance involving:

• virtualization platforms.
• physical hosts.
• storage.
• networking.
• security systems.
• management systems; or
• other Infrastructure.

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

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

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

Physical hardware can fail.

Hostwover may use recovery, migration, replacement, restore, or other procedures appropriate to the affected Infrastructure.

No physical hardware environment can be guaranteed never to fail.

Hostwover is not responsible for application downtime caused solely by Customer-controlled matters such as:

• application bugs.
• database failure.
• misconfiguration.
• expired certificates.
• full storage.
• failed Customer updates.
• Customer firewall rules; or
• Customer-installed software.

Hostwover does not guarantee the reliability of software developed or maintained by third parties and installed by the Customer.

Customers may host lawful websites, applications, APIs, databases, development environments, and other workloads within the permitted scope of the VPS.

All Customer Content remains subject to applicable law and Hostwover policies.

Customer Content must not violate the Terms of Service, Acceptable Use Policy, or applicable law.

The Customer must not knowingly use a VPS to infringe third-party:

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

Computationally intensive workloads are subject to:

• the applicable VPS Plan.
• resource limitations.
• Acceptable Use Policy.
• security requirements; and
• any product-specific restriction disclosed by Hostwover.

The availability of CPU resources does not itself authorize activity prohibited elsewhere in Hostwover's policies.

Customers operating proxies, VPNs, tunneling, or similar services remain responsible for:

• lawful use.
• abuse handling.
• security.
• user activity under their control.
• applicable network restrictions; and
• compliance with Hostwover policies.

Customers exposing public:

• websites.
• APIs.
• game servers.
• databases.
• remote administration.
• mail servers; or
• other network services

are responsible for securing them against unauthorized use.

Customers must not knowingly operate insecure open proxy, open relay, or similar services that permit uncontrolled abuse.

Broad or automated network scanning may be restricted where it:

• lacks authorization.
• generates abuse reports.
• threatens other systems.
• resembles malicious reconnaissance; or
• violates the Acceptable Use Policy.

Customers must not intentionally engage in unauthorized:

• IP spoofing.
• email spoofing.
• identity spoofing.
• packet forgery; or
• deceptive network activity

in violation of applicable law or Hostwover policies.

The VPS must not be used to conduct or facilitate:

• DDoS.
• brute-force attacks.
• credential stuffing.
• exploitation.
• botnet control.
• unauthorized vulnerability exploitation; or
• malicious scanning.

The VPS must not be used for services prohibited by applicable law.

The Customer is responsible for determining laws applicable to the Customer's own business and Content.

Hostwover may respond to valid legal requests concerning a VPS where required by applicable law.

Hostwover may:

• preserve data.
• restrict a Service.
• disclose information.
• suspend access; or
• take another legally required action

where supported by a valid legal basis.

Where legally required, Hostwover may preserve certain information beyond ordinary deletion periods.

Such preservation does not necessarily mean that the Customer will continue to have access to the information.

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

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

Where circumstances permit, Hostwover may seek to restrict only the affected Service or functionality rather than unnecessarily restricting unrelated Services.

Immediate suspension may occur where delay could cause material:

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

An unpaid VPS may be suspended according to applicable billing procedures.

Suspension does not automatically cancel the subscription.

Where VPS resources remain allocated during suspension, charges may continue according to the applicable billing arrangement.

Customer Data may remain temporarily stored while a VPS is suspended.

Hostwover does not guarantee indefinite preservation during suspension.

A suspended VPS may be reactivated after the applicable issue has been resolved.

Reactivation may require:

• payment.
• identity verification.
• security remediation.
• abuse remediation.
• updated configuration; or
• another corrective action.

VPS Services may operate using recurring billing periods.

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

The renewal price may differ from:

• initial purchase pricing.
• promotional pricing.
• historical pricing; or
• previous renewal pricing.

The applicable renewal price will be determined according to the pricing applicable to the upcoming term.

Future VPS pricing may change because of:

• resource costs.
• licensing.
• Infrastructure costs.
• currency.
• taxes.
• network costs.
• product changes; or
• commercial pricing changes.

Applicable notice requirements will be followed where required.

Auto-Renew is a convenience feature and does not guarantee successful renewal.

A renewal may fail because of:

• payment rejection.
• insufficient funds.
• expired payment method.
• Account restriction.
• verification.
• technical problems; or
• another payment-processing issue.

Where renewal fails, the VPS may:

• remain unpaid.
• enter a grace or suspension state where applicable.
• become suspended.
• become terminated; or
• have its resources released.

The exact process depends on the applicable billing arrangement.

Customers should not assume that an expired VPS or its data will be preserved for a particular number of days unless Hostwover expressly states a retention period.

Important data must be backed up independently.

Hostwover may allow eligible VPS Plans to be upgraded.

An upgrade may provide additional:

• CPU.
• memory.
• storage.
• traffic.
• networking.
• or other resources.

Applicable upgrade pricing will be displayed before confirmation.

Where Hostwover supports prorated upgrades, the applicable proration will be calculated according to the billing system in effect for the Service.

An upgrade may require:

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

Increasing VPS storage may permanently expand the virtual disk.

The Customer may also need to expand:

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

where this is not performed automatically.

Disk size reductions may be technically unsupported.

A downgrade requiring less storage may therefore require:

• rebuilding the VPS.
• creating a new Instance.
• migrating data; or
• another procedure.

VPS downgrades may be subject to technical limitations.

Before downgrading, the Customer may need to ensure that:

• storage usage fits.
• memory requirements fit.
• CPU requirements fit.
• application requirements fit; and
• Customer Data has been backed up.

Hostwover does not guarantee that every VPS configuration can be downgraded in place.

Moving a VPS between regions may require:

• migration.
• creation of a new VPS.
• snapshot transfer.
• IP changes.
• downtime; or
• Customer-managed data migration.

Region-change functionality is available only where expressly supported.

Changing VPS Plans may affect:

• resources.
• price.
• IP allocation.
• traffic.
• snapshots.
• backups.
• region availability; and
• other plan characteristics.

Customers should review the new plan before confirming a change.

Customers may cancel an eligible VPS according to available Account functionality or another supported cancellation process.

Depending on the billing arrangement, cancellation may:

• disable future renewal.
• schedule termination at the end of the paid term; or
• terminate the VPS.

The Customer should carefully review the cancellation confirmation.

Customers must back up important data before cancellation.

Do not rely on Hostwover retaining data after termination.

Cancelling a VPS does not automatically cancel:

• domains.
• Web Hosting.
• VDS.
• Professional Email.
• Google Workspace; or
• another Hostwover Service.

A VPS may be terminated because of:

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

Upon termination:

• the VPS may stop.
• network access may stop.
• IP addresses may be released.
• console access may stop.
• storage may become unavailable.
• snapshots may be deleted.
• backups may expire; and
• Customer Data may be permanently deleted.

Following termination and the applicable technical retention process, Hostwover may permanently delete Customer Data.

Deletion may include:

• virtual disks.
• Instance metadata.
• snapshots.
• temporary recovery data; and
• related VPS resources.

Independent backup systems may retain data temporarily according to their normal retention lifecycle.

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

Hostwover does not guarantee that Customer Data can be recovered once a VPS has been terminated.

Hostwover is not responsible for Customer Data deleted through authorized Customer actions where Hostwover has otherwise complied with its obligations.

This includes Customer actions such as:

• deleting the VPS.
• reinstalling.
• formatting storage.
• deleting files.
• dropping databases; or
• restoring an older snapshot.

Mandatory legal rights remain unaffected.

The person or organization controlling the Hostwover Account is generally responsible for the VPS associated with that Account, subject to any ownership or authorization dispute.

Where the VPS belongs to an organization, Hostwover may request documentation concerning authority if ownership or control is disputed.

The Customer may authorize employees, developers, contractors, or administrators to access the VPS.

The Customer is responsible for permissions granted to such persons.

Customers should remove:

• SSH keys.
• passwords.
• VPN credentials.
• user accounts.
• API credentials; and
• administrative access

when a person no longer requires access.

Where multiple parties claim control of a VPS or Hostwover Account, Hostwover may request:

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

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

Hostwover provides VPS support within the supported scope of the Service.

Support may include matters involving:

• provisioning.
• billing.
• Infrastructure availability.
• Instance state.
• network allocation.
• console access.
• VPS control functions.
• snapshots.
• backups where provided.
• Account issues; and
• Hostwover Infrastructure.

For unmanaged VPS Services, Hostwover is not required to administer or debug arbitrary Customer-installed software.

Examples include:

• Nginx configuration.
• Apache configuration.
• Node.js applications.
• databases.
• Docker.
• Kubernetes.
• mail servers.
• third-party control panels.
• custom firewalls.
• programming code; or
• Customer applications.

Hostwover may provide reasonable guidance beyond the strict support scope, but doing so does not create an ongoing obligation to manage the Customer's server.

Where Hostwover offers separately paid administrative or managed support, the applicable scope, pricing, and conditions will be disclosed separately.

Where access to Customer software is necessary for requested troubleshooting, Hostwover may request temporary credentials through an appropriate channel.

Customers should rotate temporary credentials after the support task is complete.

Customers should not send through ordinary support communication:

• private SSH keys.
• passwords.
• database credentials.
• complete payment-card information.
• CVV.
• recovery codes.
• API secrets; or
• unrelated authentication tokens.

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

Information may include:

• Account information.
• VPS identifiers.
• IP information.
• billing information.
• support information.
• Infrastructure metadata.
• logs.
• security events.
• abuse information.
• monitoring data; and
• other information necessary to provide the Service.

Hostwover may maintain Infrastructure and security logs reasonably necessary for:

• operation.
• troubleshooting.
• security.
• abuse handling.
• fraud prevention.
• legal compliance.
• network management; and
• Service improvement.

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

The Customer is responsible for:

• log security.
• retention.
• Personal Data.
• storage consumption; and
• lawful processing

of Customer-controlled logs.

Hostwover personnel should access Infrastructure or Customer environments only where authorized and reasonably necessary for legitimate purposes including:

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

Hostwover does not routinely administer Customer applications within an unmanaged VPS merely because Hostwover operates the underlying Infrastructure.

Hostwover may rely on third-party:

• data centers.
• Infrastructure.
• networks.
• hardware.
• security systems.
• software.
• monitoring systems; or
• other technology

to provide VPS Services.

Changes affecting underlying technology may require Hostwover to:

• migrate Instances.
• replace hardware.
• change networks.
• modify regions.
• update virtualization.
• alter technical implementation; or
• discontinue an obsolete component.

Hostwover will seek to preserve the contracted VPS Service where reasonably possible.

Hostwover may make reasonable changes to VPS technology to:

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

Hostwover will seek not to materially reduce the core specifications of a paid VPS Plan during the current paid term without an appropriate:

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

Hostwover may discontinue a VPS Plan for future purchases.

Existing Customers may be:

• allowed to remain on the plan.
• migrated.
• offered a replacement.
• offered an upgrade.
• provided notice; or
• otherwise handled according to applicable law and Service requirements.

Hostwover may provide experimental or beta VPS functionality.

Where clearly identified as beta, such functionality may:

• change.
• contain errors.
• be discontinued.
• have limited support; or
• operate without the commitments applicable to generally available features.

The billing provisions in the Terms of Service apply to VPS Services.

The Customer agrees to pay the properly disclosed charges associated with the purchased VPS Plan.

Applicable taxes or government charges may be added or included according to applicable law.

A VPS may be offered using billing terms such as:

• monthly.
• yearly; or
• another period expressly offered by Hostwover.

The selected billing term will be displayed during the order process.

Promotional VPS pricing may apply only:

• for a limited period.
• to selected Customers.
• to selected plans.
• to an initial billing period; or
• under other disclosed conditions.

Promotional pricing does not guarantee identical renewal pricing.

If a VPS payment fails, Hostwover may:

• retry an authorized payment.
• notify the Customer.
• mark the VPS unpaid.
• suspend the VPS.
• terminate the VPS after the applicable process; or
• take another action permitted by the Terms of Service.

Fraudulent or knowingly false chargebacks are prohibited.

A legitimate payment dispute will be handled according to applicable law and Hostwover's complaint procedures.

VPS refund eligibility is governed by the Refund Policy, applicable Service conditions, and mandatory law.

Refund treatment may depend on factors including:

• provisioning.
• Service usage.
• billing term.
• promotional conditions.
• previous refunds.
• abuse.
• Customer-requested configuration; and
• timing.

Usage already consumed, separately purchased third-party licenses, or irreversible components may be non-refundable where permitted by applicable law and disclosed by the applicable Refund Policy.

Where the Service Level Agreement provides Service credits, such credits are handled according to the SLA.

Service credits do not automatically create a cash-refund right unless expressly stated.

Hostwover does not guarantee that a VPS will produce:

• revenue.
• website traffic.
• application success.
• user growth.
• search-engine ranking.
• sales.
• profitability; or
• another business result.

Hostwover cannot guarantee a specific application performance outcome because performance depends on factors including:

• Customer code.
• database design.
• caching.
• operating-system configuration.
• application architecture.
• network path.
• workload.
• external APIs; and
• resource consumption.

Performance benchmarks may vary depending on test methodology, timing, workload, host environment, and Customer configuration.

Unless expressly stated otherwise, benchmark results do not create a contractual performance guarantee.

Hostwover's liability relating to VPS Services is governed by the limitation-of-liability provisions in the Terms of Service.

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

To the maximum extent permitted by applicable law, Hostwover is not responsible for loss resulting solely from Customer-controlled matters including:

• insecure credentials.
• Customer firewall rules.
• unpatched software.
• Customer application defects.
• Customer deletion.
• Customer reinstall.
• lost encryption keys.
• Customer DNS changes.
• Customer scripts.
• misconfigured databases; or
• unauthorized persons to whom the Customer granted access.

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

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

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

The force-majeure provisions in the Terms of Service apply to VPS Services.

Events beyond reasonable control may affect Service availability.

Nothing in this Agreement removes or reduces a mandatory consumer right that cannot legally be excluded.

Where applicable consumer-protection law provides stronger mandatory rights, those rights prevail.

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

The Customer is responsible for determining requirements applicable to its own:

• business.
• applications.
• Content.
• users.
• databases.
• communications; and
• processing activities.

Hostwover may restrict or modify a VPS Service where required by a binding:

• law.
• regulation.
• court order.
• governmental requirement.
• sanctions requirement; or
• other lawful obligation.

Subject to mandatory consumer and other 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 who believe Hostwover has incorrectly handled a VPS matter should first contact Hostwover Support.

Applicable complaints may also be handled through:

Complaints & Dispute Resolution

Nothing in this Agreement prevents a Customer from exercising mandatory legal or regulatory rights.

Hostwover may update this Agreement to reflect:

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

The latest 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 method.

Where explicit acceptance is legally required, Hostwover will seek that acceptance.

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

For a conflict specifically concerning VPS Services, the general order of precedence is:

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

An expressly stated valid priority in another applicable agreement may control where appropriate.

If a provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions continue to apply to the maximum extent permitted by law.

Failure to immediately enforce a provision does not permanently waive the right to enforce that provision.

The Customer may not transfer contractual control of a VPS to another person except through an authorized Account or ownership-transfer process where supported.

Business ownership changes may require additional verification.

This Agreement may be accepted electronically.

Hostwover may maintain records including:

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

where appropriate to document acceptance.

This Agreement, together with:

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

forms the agreement governing the applicable Hostwover VPS Service.

Customers using VPS Services should also review:

• Terms of Service
• Acceptable Use Agreement
• Acceptable Use Policy
• Abuse Handling Policy
• Privacy Policy
• Information Security Policy
• Refund Policy
• Service Level Agreement
• Customer Service Policy
• Responsible Disclosure Policy
• Trademark & Copyright Policy
• Complaints & Dispute Resolution

Where other Hostwover Services are used with the VPS, their applicable separate agreements also apply.

For assistance concerning VPS Services:

Hostwover Support

Website: hostwover.com

Email: [email protected]

Where appropriate, include:

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

Do not send:

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

through ordinary support communications.

By purchasing or using a Hostwover VPS, you acknowledge that a Virtual Private Server provides substantial administrative control and therefore also requires substantial Customer responsibility.

Hostwover is responsible for operating and securing the VPS Infrastructure within Hostwover's control according to the applicable Service.

The Customer is responsible for the Guest Operating System, applications, databases, credentials, Content, configuration, software security, and Customer Data under the Customer's control unless an applicable managed Service expressly states otherwise.

Hostwover will seek to provide:

• the resources described by the purchased VPS Plan.
• reliable Infrastructure.
• appropriate isolation.
• network connectivity.
• security controls.
• applicable monitoring.
• recovery functionality where included.
• customer support; and
• proportionate handling of security, abuse, and operational incidents.

The Customer remains responsible for:

• protecting root and administrative credentials.
• securing the operating system.
• applying security updates.
• configuring network services securely.
• maintaining independent backups.
• monitoring resource usage.
• securing hosted applications.
• responding to abuse or security incidents.
• maintaining valid billing information.
• monitoring renewal status.
• exporting important data before termination; and
• complying with applicable law and Hostwover policies.