Last Updated: November 12, 2025

These Terms of Service (“Terms”) are a binding agreement between Eqservers LLC, a Delaware limited liability company (“Eqservers,” “we,” “us,” or “our”), and the customer identified in the order, quote, or online checkout (“Customer”). By ordering, accessing, or using any Eqservers services, Customer agrees to these Terms and all policies incorporated by reference (including the Acceptable Use Policy (“AUP”), Service Level Agreement (“SLA”), and Privacy Policy).

2.1 Services: Eqservers provides infrastructure services (including dedicated/bare-metal servers, IP addressing, and related network connectivity) (the “Services”).

2.2 Self-Managed: Unless expressly stated otherwise in a separate, written managed-services add-on, all Services are self-managed. Customer is solely responsible for the operating system, applications, configuration, security hardening, patching, monitoring, backups, and data restoration.

2.3 Third-Party Components: Services may interoperate with or rely on third-party software, hardware, or providers (including upstream carriers, datacenter utilities, transit providers, and third-party software/firmware). Eqservers is not responsible for third-party components outside of Eqservers’ reasonable control, and failures attributable to such components shall not constitute a breach of these Terms by Eqservers nor give rise to SLA credits, without limiting the disclaimers and liability cap in Section 16.

3.1 Orders: Orders are effective upon Eqservers’ acceptance. We may reject any order in our discretion (for example, due to risk, availability, or compliance reasons).

3.2 Term: Unless a fixed term is specified, Services are month-to-month. Fixed-term Services run for the stated initial term.

3.3 Auto-Renewal: Services renew for successive periods equal to the then-current billing cycle unless canceled no later than 23:59 Eastern Time at least thirty (30) days before the next renewal date via the Customer portal or an authenticated support ticket. Partial-period cancellations are not accepted.

3.4 Early Termination: For fixed-term Services, early termination results in an early termination fee equal to all remaining recurring charges for the then-current term for the affected Service(s). This amount constitutes liquidated damages (not a penalty) or a reasonable pre-estimate of harm due to infrastructure reservation and capacity allocation, and the parties agree that actual damages would be difficult to ascertain at the time of contracting, to the maximum extent permitted by law.

4.1 Fees: Monthly recurring fees are billed in advance; usage and overages (including bandwidth, IPs, and any add-ons) are billed in arrears.

4.2 Taxes: Fees are exclusive of taxes. Customer is responsible for all applicable taxes (other than taxes based on Eqservers’ net income).

4.3 No Refunds: All fees are non-cancellable and non-refundable, including prepayments and setup fees, to the maximum extent permitted by law.

4.4 Late Amounts: Unpaid amounts accrue interest at 1.5% per month (or the maximum permitted by law), plus reasonable collection costs and attorneys’ fees.

4.5 Chargebacks: Initiating a chargeback is a material breach. Eqservers may suspend or terminate affected Services immediately and require reimbursement of the chargeback, processing fees, restoration/reconnection fees, and all outstanding amounts, plus any costs and reasonable attorneys’ fees incurred by Eqservers in connection with the dispute.

4.6 Credit Approval: We may require deposits, prepayment, or additional security at any time based on risk.

4.7 Account Credits; No Refunds; Expiry: Prepaid balances, overpayments, and account credits (including promotional, goodwill, or automatically applied credits) have no cash value, are non-transferable, and are non-refundable. Unless otherwise required by applicable law or expressly stated in an executed order, any unused account credit will automatically expire twelve (12) months after the date it is issued and will be forfeited without compensation. Account credits may only be applied toward future Eqservers invoices on Customer’s account.

4.8 Automatic Application of Credits: Customer authorizes Eqservers to automatically apply any available account credit toward unpaid invoices on Customer’s account. Eqservers may, in its sole discretion, apply credits to the oldest outstanding invoices first. If an invoice remains unpaid for three (3) days after its due date and Customer has available account credit, Eqservers may automatically apply such credit to that invoice in partial or full satisfaction of the amount due.

4.9 Bandwidth Measurement and Quotas: Unless expressly stated otherwise in an order, any included data transfer or bandwidth allowance for a Service is measured per calendar month and resets at 00:00 (midnight) on the first day of each calendar month, regardless of the Service’s original order date or billing cycle. Usage is measured at the network edge on the higher of inbound or outbound traffic and may be rounded up to the nearest whole unit.

4.10 Bandwidth Notifications; Suspension; Overages: As a courtesy only, Eqservers may attempt to send automated notifications when bandwidth usage reaches approximately eighty percent (80%) of the applicable monthly allowance. Failure to receive any such notification does not excuse usage, overages, or suspension. Eqservers may suspend, rate-limit, or otherwise restrict the affected Service once one hundred percent (100%) of the included monthly bandwidth allowance is reached, until Customer (a) purchases additional bandwidth or an upgrade as offered by Eqservers, or (b) moves to an overage billing model where available. If Eqservers, in its discretion, permits usage above the included allowance, such excess usage will be billed as bandwidth overage at Eqservers’ then-current rates, based on actual measured usage, including any usage recorded before suspension becomes fully effective.

5.1 License Only: All IP addresses are licensed, not sold, and remain the property of Eqservers or its suppliers. Any IP allocation may be modified or reclaimed if required for policy or operational reasons (without limiting Section 16).

5.2 rDNS: Reverse DNS is provided on a best-effort basis and may be modified, suspended, or revoked due to policy or abuse.

5.3 Customer Prefix Announcements: We may announce Customer-owned prefixes if Customer provides (i) proof of ownership, (ii) a valid LOA, and (iii) correct IRR/RPKI records, and complies with Eqservers’ routing and security policies. Eqservers may withdraw, modify, or filter advertisements at any time, with or without notice, to preserve network security, stability, or legal compliance (without limiting Section 16).

6.1 AUP: Customer must comply with the AUP (incorporated by reference) and ensure downstream users and resold services comply.

6.2 Security and Backups: Customer is solely responsible for security measures, credential hygiene, encryption, and maintaining current, tested backups of all data. Eqservers does not provide backups unless expressly purchased.

6.3 Resale: If Customer resells the Services, Customer must bind downstream users to terms no less protective than these Terms and the AUP, will ensure and remain liable for end-user compliance, and is responsible for all end-user acts and omissions.

7.1 Abuse Reporting: Third-party notices (for example, alleged unlawful content, spam, or network abuse) must be sent to abuse@eqservers.com with sufficient detail (affected IPs, accurate timestamps with timezone, headers/logs, and the specific conduct or content at issue). Eqservers is an infrastructure provider and does not monitor Customer content.

7.2 Our Process: Upon a sufficiently detailed notice, we may notify Customer and request remediation. Failure to remediate promptly, or any imminent risk to network stability or others, may result in filters, null-routing, traffic shaping, or suspension of the affected Service. Repeated or egregious violations may result in termination.

7.3 Network Integrity: To protect the network and other customers, Eqservers may implement reasonable filtering, rate-limiting, or routing adjustments.

8.1 Immediate Suspension: We may immediately suspend Services, in whole or in part and without prior notice, if: (a) security risks or suspected compromise; (b) abuse, spam, DDoS, blacklisting, or AUP violations; (c) non-payment or chargeback; (d) a valid subpoena, court order, or governmental request; or (e) actions that could harm the Services, network, or others. Fees continue to accrue during any suspension and reinstatement may be conditioned on satisfactory remediation and payment of applicable fees. Eqservers may permanently decommission the affected server(s) and irreversibly delete all associated data at any time after three (3) days of continuous suspension for non-payment. If Eqservers, in its discretion, agrees to reactivate any Service after suspension or decommissioning, reactivation may be subject to feasibility, full payment of all outstanding amounts, and a reactivation or restoration fee at Eqservers’ then-current rates, and Eqservers does not guarantee that any prior data or configuration will be recoverable.

8.2 Termination for Cause: We may terminate for material breach not cured within the applicable cure period (if any). We may terminate immediately for repeated or egregious abuse, illegal activity, or non-payment.

8.3 Effect of Termination; Data Retention and Deletion: Upon termination of a Service or these Terms, Customer must cease using the Services and pay all amounts due. All IP addresses are reclaimed. Eqservers has no obligation to retain any Customer data, content, or configurations associated with any terminated or suspended Service. Eqservers may, but is not obligated to, retain such data for a limited period after termination or suspension and may permanently delete it at any time thereafter, in its sole discretion. Customer is solely responsible for maintaining its own backups. Eqservers will have no liability for any loss of data arising from suspension, termination, hardware replacement, or deletion in accordance with these Terms.

8.4 Termination for Convenience by Eqservers: Eqservers may terminate any Service or these Terms, in whole or in part, for any reason or no reason by providing Customer with at least thirty (30) days’ prior notice (where reasonably practicable) via email, portal, or ticket. In such case, Eqservers will continue providing the affected Service through the effective termination date, and Customer remains responsible for all fees and charges accrued up to that date. Eqservers has no obligation to refund any fees already paid, except where required by applicable law.

9.1 Scheduled Maintenance: We may perform scheduled maintenance and will use commercially reasonable efforts to provide at least forty-eight (48) hours prior notice and schedule during off-peak windows.

9.2 Service Changes; Pricing: Eqservers may modify Services or pricing with prior notice to Customer. Pass-through increases from datacenter providers, transit providers, power costs, RIR fees, taxes, or similar underlying inputs may be applied upon notice.

9.3 End-of-Life (EOL): We may replace, upgrade, or retire components or offerings. We will provide reasonable notice where feasible.

Availability commitments and service credits (if any) are set out exclusively in the SLA. Service credits are the sole and exclusive remedy for downtime or service unavailability.

11.1 Privacy: Our collection and use of personal information is described in the Privacy Policy.

11.2 Security Incidents: If Eqservers discovers a security incident within our environment that materially affects the Services, we will notify Customer within a reasonable time after discovery and as required by law. Customer remains responsible for its own environment and data.

12.1 Contact for Legal Process: Subpoenas, court orders, and other legal requests must be sent to Legal@eqservers.com or: Eqservers LLC, Legal — 3422 Old Capitol Trail, Suite 28, Wilmington, DE 19808, USA.

12.2 Response; Notice: Eqservers responds to valid legal process and will comply with applicable law and any instructions from the requesting authority, including any requirement that Eqservers not notify Customer. Where permitted by law and in its sole discretion, Eqservers may, but is not obligated to, notify Customer of legal process before or after producing information. Any timing references in these Terms are estimates only and subject to data availability and legal constraints.

Customer represents it is not on any denied-party list and will not use the Services in embargoed countries or for prohibited end-uses. Customer is solely responsible for compliance with import/export, encryption, and sanctions laws.

EXCEPT AS REQUIRED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EQSERVERS DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Customer will defend, indemnify, and hold harmless Eqservers, its affiliates, and their officers, directors, employees, and agents from and against any third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Customer content, data, or applications; (b) Customer’s or its users’ breach of these Terms, the AUP, or law; (c) misuse of the Services; or (d) alleged infringement or violation of rights by Customer content or use.

16.1 No Indirect Damages: TO THE MAXIMUM EXTENT PERMITTED BY LAW, EQSERVERS WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

16.2 Cap: TO THE MAXIMUM EXTENT PERMITTED BY LAW, EQSERVERS’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO AN AFFECTED SERVICE WILL NOT EXCEED THE FEES PAID BY CUSTOMER TO EQSERVERS FOR THAT SERVICE DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SLA CREDITS ARE CUSTOMER’S SOLE REMEDY FOR DOWNTIME.

Non-public information disclosed by one party to the other that is marked or reasonably understood to be confidential will be protected with reasonable care and used only to perform these Terms. This section does not restrict disclosures required by law or court order. Where permitted by law and practicable, a party may, but is not obligated to, notify the other party of such disclosure.

Neither party is liable for delays or failures caused by events beyond its reasonable control (including force majeure, acts of God, labor issues, power failures, upstream provider outages, or attacks). Payment obligations are not excused.

Customer may not assign these Terms, in whole or in part, without Eqservers’ prior written consent, which may be withheld in Eqservers’ sole discretion. Eqservers may assign or subcontract in connection with operations, financing, or a corporate transaction. Eqservers remains responsible for subcontracted obligations.

Legal notices must be sent to Legal@eqservers.com and will be deemed given upon receipt. Abuse reports must be sent to abuse@eqservers.com. Operational notices (maintenance, service changes) may be provided via portal, email, or ticket.

These Terms are governed by the laws of the State of Delaware, excluding its conflict-of-laws rules. The state and federal courts located in Delaware have exclusive jurisdiction and venue. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.

If there is a conflict, the following order controls: (1) an executed order or addendum; (2) these Terms; (3) the SLA (solely for availability and credit matters); (4) the AUP; (5) the Privacy Policy. Eqservers may update these Terms by posting a revised version with a new “Last Updated” date. Material changes will be notified in advance where required by law.

23.1 Severability: If any provision is unenforceable, the remainder remains in effect.

23.2 No Waiver: A failure to enforce any provision is not a waiver.

23.3 Independent Contractors: The parties are independent contractors.

23.4 Publicity: Customer may not publicly identify Eqservers or use any Eqservers name, logo, or other mark in any manner, including in marketing materials or press releases, without Eqservers’ prior written consent.

23.5 Entire Agreement: These Terms (and incorporated policies and any executed order) constitute the entire agreement and supersede all prior or contemporaneous understandings relating to the subject matter.

23.6 Survival: Sections relating to fees, taxes, no refunds, confidentiality, indemnification, limitations of liability, governing law and venue, and notices survive termination or expiration.