Terms of Service
The principal agreement governing access to and use of VDS.net infrastructure and related services.
1. Introduction and Acceptance
These Terms of Service ("Terms") govern access to and use of services provided through VDS.net, a trading brand operated by 05 COMMUNICATIONS LTD ("VDS.net", "we", "us", or "our"), company number 16935665, with its registered office at Unit 501 Leroy House, 434-436 Essex Road, London, United Kingdom, N1 3FY.
By creating an account, placing an order, paying an invoice, requesting provisioning, accessing a service, or otherwise using VDS.net, you agree to these Terms and the policies incorporated by reference. If you do not agree, you must not use the services.
2. Eligibility and Authority
You must be at least 18 years old and legally capable of entering into a binding agreement. If acting for a company or organisation, you confirm that you have authority to bind that entity. You are responsible for ensuring all registration, billing and contact information is accurate and current.
3. Services
VDS.net provides virtual server and infrastructure services including VDS/VPS compute, storage, IP addresses, network connectivity, operating-system deployment, software licences where expressly included, and related infrastructure services displayed on VDS.net.
The specification, location, resource limits, billing cycle and price applicable to a service are those shown when ordered or on the relevant service page or invoice.
4. Provisioning
Provisioning may occur automatically after successful payment and completion of any applicable fraud, identity, security or payment checks. Provisioning times are estimates unless explicitly guaranteed in writing.
We may delay, reject or cancel an order where reasonably necessary for fraud prevention, sanctions compliance, security, payment risk, abuse prevention, capacity or technical reasons.
5. Self-Managed Services
You are solely responsible for administration, configuration, maintenance and security of your operating system, applications and data. VDS.net is not responsible for operating-system administration, application installation, web-server configuration, databases, email-server configuration, DNS, firewall rules, security hardening, website administration or third-party software configuration unless expressly included in a separate managed service.
Any voluntary technical assistance does not convert a self-managed service into a managed service or create an ongoing administration obligation.
6. Customer Responsibility
You are responsible for all activity originating from your services, including activity by employees, contractors, developers, administrators, customers, resellers and other authorised users. You are responsible for credentials, SSH/API keys, security updates, application security, licensing, lawful use, monitoring and independent backups.
7. Resellers and End Users
If you resell, sublicense, share, lease or otherwise make a service available to another person, you remain responsible for the service and for ensuring downstream users comply with these Terms. Conduct by your downstream users may be treated as conduct by you.
8. Customer Content
You remain responsible for all files, software, websites, databases, communications and other material stored, processed or transmitted through the service ("Customer Content"). You represent that you possess all rights, permissions, licences and lawful bases necessary to process and use Customer Content.
9. No General Monitoring Obligation
VDS.net does not routinely inspect customer server contents and has no general obligation to proactively monitor Customer Content. We may investigate relevant service or technical information where reasonably necessary for security, abuse, fraud, customer-requested troubleshooting, legal compliance, valid legal requests or protection of our infrastructure and third parties.
10. Backups and Data Loss
You are solely responsible for creating, maintaining, testing, verifying and securely storing independent backups on infrastructure separate from the VDS.net service being protected.
RAID, redundant disks, replication, snapshots, temporary snapshots, hypervisor snapshots, storage redundancy, failover mechanisms, internal recovery points or temporary infrastructure copies must not be treated as customer backups.
VDS.net does not guarantee recovery following hardware or storage failure, filesystem corruption, operating-system failure, software failure, accidental deletion, customer error, malware, ransomware, unauthorised access, suspension, cancellation, termination, service deletion or force majeure.
To the maximum extent permitted by law, VDS.net is not responsible for loss, corruption, alteration or destruction of data where the customer has failed to maintain adequate independent backups.
11. Account Security
You are responsible for securing customer-panel credentials, passwords, authentication codes, API credentials, SSH keys and server/control-panel credentials. You must promptly notify VDS.net of suspected compromise. We may temporarily restrict access where reasonably necessary to protect the customer, VDS.net or third parties.
12. Acceptable Use
You must not use VDS.net for unlawful, fraudulent, abusive, malicious or harmful activity. Prohibited activity includes spam, unsolicited bulk email, phishing, credential harvesting, malware, ransomware, botnets, command-and-control infrastructure, payment fraud, identity theft, unauthorised intrusion, unauthorised vulnerability or port scanning, brute-force attacks, denial-of-service attacks, distributed denial-of-service attacks, amplification attacks, deliberate attacks against third-party systems, illegal content, intellectual-property infringement, or attempts to bypass technical or security restrictions.
Security testing against systems you do not own or do not have explicit authorisation to test is prohibited.
13. Network Abuse and Emergency Intervention
Where a service threatens our network, another customer or a third party, or is involved in an attack or serious abuse incident, we may apply traffic filtering, rate limiting, firewall rules, IP blocking, null-routing, isolation, network disconnection, suspension or termination. Emergency action may be taken without advance notice where reasonably necessary.
14. IP Addresses
IP addresses remain under the control of VDS.net or the relevant network provider and are not sold or transferred to the customer. We may change or withdraw an IP address where reasonably necessary for routing, abuse, reputation, provider changes, network restructuring, regulatory requirements or technical reasons.
IP spoofing, unauthorised IP use, ARP manipulation, MAC manipulation intended to obtain unauthorised resources, use of another customer's IP address or attempts to bypass allocation restrictions are prohibited.
15. IP Reputation, Geolocation and Reverse DNS
VDS.net does not guarantee a particular third-party IP reputation, absence from every blacklist, acceptance by third-party email providers, a particular geolocation result, uninterrupted reverse-DNS functionality or acceptance by third-party anti-fraud systems. External databases and reputation systems are outside our control.
16. Resource Usage and Fair Usage Policy
You must use resources within the limits applicable to the purchased service, including any CPU, RAM, storage, IOPS, throughput, bandwidth, packets-per-second or port-capacity limits. On shared infrastructure, activity that materially affects platform stability or other customers may result in reasonable technical intervention, temporary limitation or suspension.
16.1. Unlimited Traffic and Network Speeds
Unless a particular plan expressly states different network terms, VDS/VPS services advertised with "Unlimited Traffic" include unlimited data transfer volume, subject to the following Fair Usage Policy. "Unlimited" refers to the amount of data transferable, not to unrestricted connection speed at all times.
16.2. Traffic Reset and Service Continuity
The 5 TB amount is a high-speed traffic allowance, not a total data-transfer cap. Reaching this amount does not, by itself, cause the service to be disconnected or suspended. The high-speed allowance resets at the start of the next monthly traffic period, regardless of the customer's invoice or subscription billing frequency.
16.3. Network Capacity and Other Restrictions
Network speeds stated as "up to" are maximum available connection rates, not guaranteed sustained throughput; actual performance may vary due to server configuration, network conditions, routing and destination capacity. This Fair Usage Policy does not prevent reasonable measures against network abuse, attacks or other violations under these Terms.
17. Fraud and Payment Risk
We may reject, review, suspend or cancel services where there is a reasonable indication of stolen payment instruments, payment or identity fraud, account takeover, false registration data, abusive chargebacks, unusual payment patterns or failure of fraud screening. We may request reasonable verification information.
18. Payments and Renewals
Invoices must be paid by their due date. You are responsible for valid service charges, applicable taxes, third-party payment fees, bank charges and exchange-rate costs imposed by third parties. Where recurring billing is enabled, you authorise us or our payment provider to collect applicable renewal fees. You remain responsible for cancelling future renewals when no longer required.
19. Suspension
We may suspend a service for overdue payment, fraud, chargebacks, abuse, security incidents, network attacks, breach of these Terms, legal requirements, sanctions restrictions, inaccurate customer information or serious infrastructure risk. Immediate suspension may occur where urgent action is reasonably necessary.
20. Termination
We may terminate a service or account for serious or repeated breach, continuing non-payment, fraud, unlawful activity, material security risk, legal requirement, or activity that materially threatens VDS.net's infrastructure or business.
21. Data After Cancellation, Expiry, Suspension or Termination
You must retrieve and independently back up all required data before cancellation or expiry. Following cancellation, expiry, suspension, termination or deletion, associated data may be permanently deleted immediately or at any later time. VDS.net has no obligation to retain, restore, recover or provide copies of deleted service data.
22. Refunds and Cancellation
Refunds and cancellation requests are governed by the VDS.net Refund & Cancellation Policy. Nothing in these Terms removes statutory rights that cannot legally be excluded.
23. Consumers
If you act wholly or mainly outside your trade, business, craft or profession, mandatory consumer rights may apply. Where applicable, this may include rights concerning distance contracts. Where you expressly request immediate commencement of a service during an applicable cancellation period, performance may begin immediately and you may be required to pay for the proportion of the service supplied before cancellation where permitted by law.
24. Business Customers
If you purchase primarily for business purposes, you are treated as a business customer and consumer-specific cooling-off rights generally do not apply.
25. Sanctions and Export Controls
You must not use services in a way that would cause VDS.net to violate applicable UK sanctions, trade restrictions, export controls, court orders or regulatory restrictions. We may reject, restrict, suspend or terminate services where reasonably necessary for compliance.
26. Availability and Maintenance
VDS.net aims to provide reliable infrastructure but does not warrant uninterrupted or error-free operation. Availability may be affected by planned or emergency maintenance, hardware or software failure, network or upstream-provider failure, routing incidents, DDoS attacks, security incidents, power failure, datacentre incidents, third-party failure, customer configuration or force majeure.
Unless a separate written SLA expressly applies, no specific uptime level or service credit is guaranteed.
27. Third-Party Services
Services may depend on third-party datacentres, carriers, upstream providers, payment processors, software vendors, licensing providers and hardware suppliers. We are not responsible for third-party events outside our reasonable control. Third-party software may be subject to separate vendor terms.
28. No Warranties
To the maximum extent permitted by law, services are provided on an "as is" and "as available" basis. Except where expressly stated in writing or required by law, VDS.net does not warrant uninterrupted or error-free operation, prevention of every security threat, recovery of all data, operation of third-party software, a particular IP reputation or acceptance by external services.
29. Intellectual Property
The VDS.net name, branding, website, software, documentation, designs, logos and proprietary materials belong to 05 COMMUNICATIONS LTD or their licensors. You retain your lawful rights in Customer Content.
30. Abuse Complaints and Legal Requests
We may investigate abuse reports, copyright complaints, fraud reports, legal demands, court orders, law-enforcement requests and regulatory requests. Where legally required or reasonably necessary, we may restrict a service, preserve relevant records, disclose information or terminate a service in accordance with applicable law and our Privacy Policy.
31. Customer Cooperation
You must provide reasonable cooperation during investigations into suspected abuse, fraud, security incidents or legal complaints, including securing compromised systems, removing prohibited material and stopping abusive traffic. Failure to cooperate may result in suspension or termination.
32. Limitation of Liability
Nothing in these Terms excludes liability where exclusion would be unlawful, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or other liability that cannot legally be excluded.
Subject to the foregoing and to the maximum extent permitted by law, VDS.net is not liable for indirect or consequential losses, loss of profits, revenue, business, opportunity, anticipated savings, goodwill, reputation, or data, or losses arising from customer configuration, unsupported software or failure to maintain backups.
For business customers, to the maximum extent permitted by law, VDS.net's total aggregate liability arising from an affected service shall not exceed the total amount actually paid for that affected service during the 12 months immediately preceding the event giving rise to the claim. If the service has existed for less than 12 months, the cap is the total amount actually paid for that service during its active period.
33. Indemnification
To the maximum extent permitted by law, business customers agree to indemnify 05 COMMUNICATIONS LTD and its officers, employees, contractors and service providers against reasonable claims, liabilities, losses, damages, costs and expenses arising from unlawful use, Customer Content, infringement of third-party rights, privacy or data-protection violations, fraud through the service, customer-caused security incidents, downstream-user activity or material breach of these Terms.
34. Force Majeure
VDS.net is not responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, fire, flood, earthquake, war, terrorism, civil unrest, government action, sanctions, widespread internet or telecommunications failure, upstream-carrier failure, datacentre failure, power-grid failure, labour disputes, major cyberattacks, epidemics or pandemics.
35. Changes to Services and Terms
We may modify technical aspects of services and update these Terms where reasonably necessary for security, performance, infrastructure changes, vendor changes, regulatory compliance, operational requirements or changes in law. Material changes will be communicated in advance where required by law.
36. Privacy and Incorporated Policies
The Privacy Policy, Refund & Cancellation Policy, Data Processing Agreement where applicable, Cookie Policy, product-specific terms and any applicable SLA form part of the contractual framework between you and VDS.net.
37. Assignment, Waiver and Severability
You may not assign these Terms without our prior written consent. VDS.net may assign its rights and obligations as part of a corporate restructuring, merger, acquisition, business sale or asset transfer subject to applicable law. Failure to enforce a provision is not a waiver. If a provision is invalid or unenforceable, the remaining provisions remain effective.
38. Governing Law and Jurisdiction
These Terms are governed by the laws of England and Wales. For business customers, the courts of England and Wales have exclusive jurisdiction. Consumers may benefit from mandatory governing-law or jurisdiction protections that cannot legally be excluded.
39. Contact
05 COMMUNICATIONS LTD
Trading as VDS.net
Company No. 16935665
Unit 501 Leroy House, 434-436 Essex Road, London, United Kingdom, N1 3FY
Support email: info@vds.net