Virtuo.Host Dedicated Server Agreement

Introduction

This Dedicated Server Services Agreement ("Agreement") governs the provision of dedicated server services by Virtuo.Host ("Virtuo", "we", "our", or "us") to the client ("Client", "you"). This Agreement is subject to and governed by the Virtuo.Host Master Services Agreement (MSA).

1. Scope of Services

Virtuo provides dedicated (bare metal) server infrastructure, including hardware, network connectivity, and datacenter hosting.

All service specifications, including hardware configuration, bandwidth commit, and IP allocations, are defined in the applicable Order Form.

2. Provisioning & Deployment

  • Provisioning timelines are estimates and not guaranteed unless explicitly stated.
  • Delays may occur due to hardware availability, supply chain constraints, or fraud verification.
  • Custom configurations may require additional lead time.

3. Hardware & Maintenance

  • Virtuo retains ownership of all hardware provided as part of the Services.
  • Hardware replacement in case of failure will be performed within a commercially reasonable timeframe unless otherwise defined in an SLA.
  • Replacement components may be new or refurbished and may not be identical to original components.
  • Scheduled maintenance may occur with prior notice where possible.

4. Client Responsibilities

Client is solely responsible for:

  • Operating system installation, configuration, and updates
  • Software management and licensing
  • Security hardening and patching
  • Data backups and recovery

Virtuo does not provide managed services unless explicitly agreed.

5. Network Usage & Bandwidth

  • Bandwidth commitment defined in the Order Form is best-effort unless explicitly agreed.
  • Excessive or abusive traffic may result in rate limiting, null-routing, or suspension.
  • Virtuo reserves the right to protect network integrity at all times.

6. IP Addressing

  • All IP addresses remain the property of Virtuo or its upstream providers.
  • IP allocations are subject to justification and may be revoked or modified.
  • Client must comply with all applicable IP usage policies and registry requirements.

7. Acceptable Use Policy (AUP)

You agree not to use Virtuo services for:

  • Illegal activities under applicable laws
  • Distribution of malware, botnets, or malicious traffic
  • Network abuse including DDoS attacks, amplification attacks, or scanning without authorization
  • Spam or unsolicited bulk messaging
  • Hosting content that infringes intellectual property rights

Virtuo reserves the right to suspend or terminate services immediately in case of AUP violations.

8. Data Responsibility

  • Client is solely responsible for all data stored on the server.
  • Virtuo does not guarantee data integrity or retention.
  • Virtuo is not liable for data loss under any circumstances.

9. Access & Security

Client is responsible for securing access credentials and server access. Virtuo is not responsible for unauthorized access resulting from compromised credentials.

10. Suspension & Termination

  • Virtuo may suspend or terminate Services for non-payment, abuse, or violation of this Agreement.
  • Services may be suspended without notice in case of critical risk to infrastructure or third parties.

11. Limitation of Liability

  • Virtuo shall not be liable for indirect, incidental, or consequential damages.
  • Total liability shall not exceed the amount paid by Client for the service in the previous month.

12. Governing Law

This Agreement shall be governed by the laws of Quebec, Canada.