Effective Date: November 12, 2025

Governing Law: Delaware, USA

This Service Level Agreement (“SLA”) sets forth the service commitments of Eqservers LLC (“Eqservers,” “we,” “us,” or “our”) with respect to certain dedicated server and bare-metal infrastructure services (collectively, the “Services”). This SLA applies solely to Services that are (a) provisioned in data centers operated or controlled by Eqservers and (b) delivered on a self-managed basis to the customer identified in the applicable order, quote, or online checkout (“Customer”).

This SLA addresses only: (i) network availability for the IP connectivity provided by Eqservers to Customer’s provisioned server(s) and/or rack(s) (“Network Availability”); and (ii) electrical power availability to such server(s) and/or rack(s) (“Power Availability,” and together with Network Availability, the “Covered Components”).

Software and higher-layer components, including without limitation operating systems, virtualization platforms, control panels, databases, applications, Customer configurations, security hardening, monitoring, logging, backup or disaster recovery solutions, and any managed services offerings (collectively, the “Excluded Services”), are outside the scope of this SLA and are not subject to any uptime or performance commitments, unless expressly set forth in a separate written addendum, managed services schedule, or other agreement executed by Eqservers.

This SLA forms part of, and is subject to, Eqservers’ Master Service Agreement / Terms of Service (the “MSA”). Capitalized terms used but not defined in this SLA shall have the meanings given to them in the MSA.

Eqservers will use commercially reasonable efforts to maintain, for each Service, a Monthly Availability Percentage of at least 99.9% for the Covered Components during each calendar month (the “Monthly Availability Commitment”). If Eqservers fails to meet the Monthly Availability Commitment for a given Service in a calendar month, Customer will be eligible, upon written request, to receive a Service Credit as described in this SLA.

2.1 Definition of Availability; Measurement Boundary

For purposes of this SLA, a Service will be deemed “Available” when both of the following conditions are met: (a) the power feeds serving Customer’s device(s) in the applicable data center are delivering electrical power; and (b) the Eqservers network edge (border routers) serving the relevant facility are responding to ICMP and/or TCP probes generated by Eqservers’ monitoring systems (the “Measurement Boundary”).

“Unavailability” begins when Customer submits a support ticket through the Customer portal that (i) reasonably identifies a suspected outage affecting the Service and (ii) contains sufficient detail to allow Eqservers to begin troubleshooting, and Eqservers confirms an outage within the Measurement Boundary. Unavailability ends when Eqservers restores Availability within the Measurement Boundary, as confirmed by Eqservers’ monitoring systems. Any period prior to submission of such support ticket will not be counted as Unavailability.

2.2 Monthly Availability Percentage

The “Monthly Availability Percentage” for a given Service in a calendar month is calculated as follows:

Monthly Availability Percentage = 100% − ((Total Minutes of Unavailability in the Month ÷ Total Minutes in the Month) × 100)

Only minutes of confirmed Unavailability within the Measurement Boundary, and excluding Scheduled Maintenance and any other SLA exclusions expressly set forth in this SLA, will be included in the Unavailability calculation.

MRC Definition: “MRC” means the Monthly Recurring Charge for the specific affected Service (individual server or defined bundle as provisioned), excluding usage-based fees, overages, taxes, and third-party pass-through charges.

If the Monthly Availability Percentage for an affected Service in a given calendar month falls below the Monthly Availability Commitment, Customer may request a Service Credit against the MRC for that Service in accordance with the credit schedule set forth below, provided that Customer is not in material breach of the MSA (including any payment obligations) at the time of the request. Customer must submit any claim for a Service Credit via support ticket within thirty (30) days after the end of the calendar month in which the alleged Unavailability occurred; claims submitted after this period will be deemed waived.

Cap: Total Service Credits in any month will not exceed 100% of the MRC for the affected Service.

Service Credits will be applied only as a credit against future invoices for the affected Service and may not be redeemed for cash, transferred, or applied to any other service or account. Service Credits have no cash value. If Customer cancels or terminates the affected Service, any unused Service Credits are forfeited and Eqservers has no obligation to make any payment to Customer, to the maximum extent permitted by law.

Sole and Exclusive Remedy: Service Credits are Customer’s sole and exclusive remedy for any failure to meet this SLA.

4.1 Open a support ticket via the Customer portal during the incident (to timestamp the start of Unavailability).

4.2 Submit a credit request in the same ticket within thirty (30) calendar days after the month in which the incident occurred, identifying: the affected Service, the relevant date/time windows, and a brief description of the impact.

4.3 Eqservers’ monitoring tools, logs, and records shall be the sole and exclusive basis for validating Unavailability and calculating credits.

4.4 Approved credits are applied only as a credit against future invoices for the affected Service on the same Customer account and are not refundable or transferable and expire if the account is closed.

The following are excluded from Unavailability and from any time-based calculations or credits:

5.1 Outside Measurement Boundary: Internet issues beyond Eqservers’ border routers; third-party transit/provider failures; public Internet routing anomalies.

5.2 Customer-Caused Issues: Including, without limitation, Customer configuration errors; software, operating system, or application faults; firewall or access control list (ACL) misconfiguration; use of outdated or unsupported software or firmware; exceeding resource limits; or failure to follow Eqservers’ reasonable directions.

5.3 Security Events: Customer-originating attacks or vulnerabilities; DDoS or zero-day events with no commercially reasonable mitigation; blacklisting caused by Customer activity.

5.4 Maintenance: Scheduled maintenance (with advance notice per Section 6) and urgent/emergency maintenance performed to preserve platform security or stability.

5.5 Facilities/Third Parties: Failures attributable to third-party facilities or services outside Eqservers’ direct operational control (including utility providers, upstream carriers, public Internet routing), except for facility power to Customer gear as defined in Section 2.1.

5.6 Force Majeure: Events beyond Eqservers’ reasonable control (including acts of God, labor disputes, utility failures, natural disasters, war, terrorism, governmental orders).

5.7 Account/Compliance: Periods during which the account is delinquent; Customer is in violation of the TOS/AUP; or access is suspended per the TOS (for example, abuse, security risk, legal order).

5.8 High-Volume / Specialized Use: No availability or performance commitments apply to bandwidth-heavy or specialized use cases (including, without limitation, public file hosting or cyberlockers, large-scale CDN or streaming platforms, peer-to-peer (P2P) file sharing, or anonymization/VPN/proxy services), unless expressly agreed in writing for a specific Service that Eqservers designates for such use.

6.1 Scheduled Maintenance

Scheduled maintenance is excluded from Unavailability. Eqservers will provide commercially reasonable advance notice (minimum 48 hours where practicable) and schedule during off-peak windows. Failure to provide 48 hours’ notice does not, by itself, qualify as Unavailability or give rise to Service Credits or any other remedies.

6.2 Emergency Maintenance

Emergency maintenance may occur with short or no advance notice when required for security or stability; it is excluded from Unavailability.

For confirmed dedicated/bare-metal hardware faults within Eqservers’ supply responsibility, Eqservers will target replacement or swap within 24 hours after problem confirmation. This is a performance target only—no credits apply.

Exclusions: Customer misuse or damage; data migration/restore time; custom or non-stock parts lead-times; OS/application reconfiguration.

8.1 Credits are calculated per affected Service (server or bundle as provisioned) and do not apply to unrelated services.

8.2 Credits do not stack across multiple incidents beyond the monthly 100% MRC cap for the affected Service.

8.3 No credits for partial impairments that do not meet “Unavailability” within the Measurement Boundary.

8.4 Credits are unavailable if Customer fails to meet the claim process and timeline in Section 4.

8.5 Credits are unavailable if Customer is in material breach of the Terms of Service, Acceptable Use Policy, or any other governing agreement during the month in question.

This SLA is incorporated by reference into Eqservers’ Terms of Service and forms part of the MSA between Eqservers and Customer. In the event of a direct conflict between this SLA and the MSA with respect to Service availability, Service Credits, or the calculations and procedures governing such credits, this SLA shall control solely for those matters. For all other issues, including without limitation suspension, payment obligations, disclaimers, and limitations of liability, the MSA shall control.

Eqservers may update this SLA from time to time. Material changes will take effect on the stated effective date and apply prospectively. Existing month credit calculations will follow the SLA version in effect during that month.