TERMS OF SERVICE — DP HOST

Last updated: Oct 16, 2026

1. Who we are

These Terms govern the purchase of virtual private server (VPS) services and related services offered by DP TECNOLOGIA LTDA (trade name DP HOST), CNPJ (Brazilian company registration number) 50.591.161/0001-75, headquartered at Rua Zildênia, 1166, Sala 01, Amador, Eusébio/CE, CEP 61769-180, Ceará, Brazil, contact email contato@dphost.com.br ("DPHOST"), website dphost.com.br and client area cliente.dphost.com.br.

By placing an order, the customer ("Customer") declares that they have read and accept these Terms, the Acceptable Use Policy, the Privacy Policy and the SLA, which form part of this agreement.

2. Services

2.1. DPHOST provides virtual servers (VPS) with the resources described in the plan purchased (vCPU, RAM, storage, traffic and IP address), as stated on the sales page at the time of purchase. Traffic is unmetered, subject to fair use: there is no monthly data transfer cap and no overage charge. Fair use means normal network use for the plan purchased, without harming the infrastructure or other customers. Heavy, sustained use that causes such harm is abusive use of resources (Acceptable Use Policy, section 1, item 9): DPHOST notifies the Customer and asks for it to be corrected and, if the problem continues, may [limit the network speed of the VPS] or suspend the VPS, under section 5 of the Acceptable Use Policy and clause 7.1(d). In serious or urgent cases, these measures may be applied without prior notice.

2.2. The physical infrastructure is provided by third parties, in data centers located in Brazil (São Paulo) and the United States (Miami). The VPS is set up in the location chosen by the Customer when ordering, and the price may vary by location. DPHOST is responsible to the Customer for the service purchased, subject to the limits set out in the SLA.

2.3. Unless management is expressly purchased, the VPS is delivered unmanaged: the Customer is responsible for configuring, updating, securing and maintaining the operating system and the installed applications.

2.4. Additional services (installation, migration, monthly management, backup, etc.) have their own price and scope, described at the time of purchase.

2.5. Windows Server (evaluation version). Windows Server is not one of the operating systems sold with the order. The client area allows the VPS to be reinstalled with Windows Server templates, which are the free Microsoft evaluation version, intended for testing and evaluation, governed by Microsoft's evaluation license terms and valid for 180 (one hundred eighty) days from installation. This choice is optional and requires express acceptance of the notice shown on the reinstall screen, which is recorded. DPHOST does not sell, include or activate any Windows Server license. For production use or after that period, the Customer must activate the system with their own valid license that is compatible with use at a hosting provider, and is solely and fully responsible for obtaining the license, activating it, complying with Microsoft's terms and for the software they install on the system (clause 8(b)). Once the evaluation expires without activation, the system starts shutting down automatically at regular intervals and may have limited features, which does not constitute a service failure and does not entitle the Customer to SLA credits. Windows Server requires at least 32 GB of disk, that is, the Medium and Advanced plans; installation is blocked on the Start and Basic plans. The Windows Server templates may be changed or removed from the reinstall screen without affecting those who have already installed them. If Windows Server is installed by any other means, the same rules of this clause apply. The Customer may, at any time, reinstall the VPS with another operating system through the client area, aware that reinstalling erases the data.

3. Registration and account

3.1. The Customer must provide true and up-to-date information and have legal capacity. A legal entity must provide its CNPJ and its representative.

3.2. The Customer is responsible for all activity carried out on their account and on their VPS, and for keeping their passwords and keys secure.

3.3. DPHOST may request documents for identity verification and fraud prevention.

4. Price, payment and renewal

4.1. Prices and payment methods (Pix, Brazil's instant payment system; boleto bancário, a Brazilian bank payment slip; and credit card) are listed on the website. Plans are billed on a recurring basis, in the chosen billing cycle (monthly, quarterly, annually, etc.).

4.2. Invoices are generated [7] days before the due date, sent by email and made available in the client area.

4.3. Setup fee: the Start, Basic and Medium plans have a one-time setup fee of R$ 49.90 (BRL), shown at the time of purchase. The fee is not charged on the Advanced plan or when a quarterly or longer billing cycle is chosen (quarterly, semiannual and annual).

4.4. Late payment: failure to pay by the due date may result in a 2% late fee and interest of 1% per month, in addition to suspension of the service (clause 7).

4.5. DPHOST may adjust prices with [30] days' prior notice, effective from the next billing cycle.

4.6. Applicable taxes are included in the price or shown separately, as required by law. DPHOST issues a Brazilian tax invoice (nota fiscal) as required by law.

5. Right of withdrawal and refund

5.1. A Customer who is an individual consumer may withdraw from the purchase within 7 (seven) calendar days after the purchase, under Article 49 of the Brazilian Consumer Protection Code (CDC), with a full refund of the amount paid for the service.

5.2. After the withdrawal period, there is no prorated refund for unused time, except in the case of a proven failure by DPHOST or where provided by law. SLA credits are governed by their own document.

6. Cancellation

6.1. The Customer may request cancellation at any time through the client area or by ticket, effective at the end of the billing cycle already paid. There is no prorated refund for the current cycle (except as provided in clause 5.1).

6.2. Cancellation due to non-payment or breach of these Terms does not release the Customer from overdue invoices.

6.3. After cancellation or termination, the VPS data is erased (clause 9). The Customer must make a backup beforehand.

7. Suspension and termination by DPHOST

7.1. DPHOST may suspend the VPS, with or without prior notice, in the event of:

1. a) an invoice more than 3 days overdue;
2. b) a breach of the Acceptable Use Policy;
3. c) a court order or an order from a public authority;
4. d) a risk to the security or stability of the infrastructure or of other customers (e.g., an attack, abnormally excessive network use);
5. e) well-founded suspicion of fraud or of an improper chargeback.

7.2. If the service is suspended for non-payment, the Customer may settle the payment to restore it. After 15 days of suspension without payment, the VPS may be terminated and its data permanently deleted.

7.3. In the event of a serious breach, DPHOST may terminate the agreement immediately, without a refund and without prejudice to other legal remedies.

7.4. Cryptocurrency mining is prohibited. If mining is detected, DPHOST suspends and deletes the VPS and its data, terminates the agreement and bans the Customer's account, without prior notice and without a refund, under the Acceptable Use Policy (section 5-A). The Customer is barred from purchasing new services from DPHOST.

8. Customer responsibilities

The Customer is solely responsible for:

1. a) the content, websites, applications, games and data hosted on their VPS, and their legality;
2. b) licenses for software they install or activate, including the Windows Server license (clause 2.5);
3. c) the security, updates and backups of their VPS (DPHOST does not automatically back up Customer data, unless a backup service has been purchased);
4. d) keeping a valid contact email address to receive notices.

9. Data and backup

9.1. The data on the VPS belongs to the Customer. DPHOST does not access the content of any VPS, except to comply with a legal order, to fulfill a Customer request (support) or to maintain security.

9.2. Data loss: since no backup is included, the Customer acknowledges the risk of loss due to failure, their own error or an attack, and must keep independent copies.

9.3. After termination, the data is erased within [30] days and cannot be recovered.

10. Availability and SLA

The availability commitment and compensation are set out in the SLA document. Scheduled maintenance will be announced with reasonable advance notice whenever possible.

11. Limitation of liability

11.1. To the maximum extent permitted by law, DPHOST's liability is limited to the amount paid by the Customer for the service during the affected period.

11.2. DPHOST is not liable for lost profits, data loss, loss of customers or indirect damages arising from the use or unavailability of the service, except in cases of willful misconduct or gross negligence and without prejudice to the consumer's non-waivable rights.

11.3. DPHOST is not liable for failures caused by the Customer, by third parties or by force majeure (including widespread power and telecommunications network outages, large-scale DDoS attacks and acts of government authority).

12. Intellectual property

The DPHOST brand, the website and the materials belong to DPHOST. This agreement does not transfer to the Customer any rights to them beyond the use of the service purchased.

13. Privacy and data protection

The processing of personal data follows the Privacy Policy and Law No. 13,709/2018, Brazil's General Data Protection Law (LGPD).

14. Changes to these Terms

DPHOST may change these Terms, with notice by email or in the client area [15] days in advance. Continued use after the new version takes effect means acceptance; a Customer who does not agree may cancel.

15. General provisions

15.1. Official communications take place by email and through the ticket system.

15.2. If any clause is held invalid, the remaining clauses remain in effect.

15.3. DPHOST's tolerance of any non-compliance does not constitute a waiver of rights.

15.4. The Customer may assign this agreement only with DPHOST's authorization.

16. Governing law and venue

This agreement is governed by the laws of Brazil. The courts of the judicial district of Eusébio/CE (Ceará, Brazil) are chosen as the venue, without prejudice to the consumer's right to file suit in the courts of their place of residence (Article 101, I, of the CDC).