This agreement applies to business clients only. This agreement supplements the “Master Service Agreement for Business Services” and the “Terms and Conditions: General” for those Clients receiving access to data center services. Clients who contract for business services should reference https://dotplanck.com/terms-conditions for all applicable policies. Services provided pursuant to this agreement are provided by Dot Planck.com The terms contained herein apply in addition to the terms provided in the “Master Service Agreement for Business Services” and the “Terms and Conditions: General.” Where there is a conflict between the “Master Service Agreement for Business Services” and this specific set of terms specific to data center services, this document prevails. Where there is a conflict between the general terms set forth at https://www.venyu.com/terms-conditions including the terms set forth in the “Terms and Conditions: General” document, the data center-specific terms set forth below prevail.

DATA CENTER-SPECIFIC TERMS

Client agrees to pay applicable fees and charges as specified on the Business Service Agreement. Such information may also be obtained by calling Customer Service for Venyu at 225-214-3800. . In addition, the following terms and conditions are specifically applicable to data center services provided pursuant to this agreement, hereinafter referred to as the “Data Center Terms” or “DCT.”

1. DEFINITIONS

“Client Data Center Equipment” means all equipment owned or leased from a third party by Client and which is collocated or used in one or more Technology Centers. “Technology Center” means the facility from which data center services are provided. “Client Technology” means Client’s data and Client’s proprietary technology, including Client’s design, content, software tools, hardware designs, algorithms, software (in source and object forms), user interface designs, network architecture, class libraries, objects and documentation (both printed and electronic), know-how, trade secrets and any related intellectual property rights Client holds throughout the world (whether owned by Client or licensed to Client from a third party) and also including any derivatives, improvements, enhancements, or extensions of Client Technology conceived, reduced to practice, or developed during the DCT term by Client. “Provider Technology” means any of Provider’s proprietary technology, including the data center services, software tools, hardware, designs, algorithms, software (in source and object forms), user interface designs, architecture, class libraries, objects, and documentation (both printed and electronic), network designs, know-how, trade secrets, and any related intellectual property rights Provider holds throughout the world (whether owned by Provider or licensed to Provider from a third party) and also including any derivatives, improvements, enhancements, or extensions of Provider Technology conceived, reduced to practice, or developed during the DCT term by Provider. “SLA” or “Service Level Agreements” mean the standards for performance, availability, reliability, quality, and responsiveness that Provider will be required to meet in its performance of the data center services, as those standards are established pursuant to Section 2 of Annex 1, attached hereto and incorporated herein by reference.

2. TERM.

The term is set forth in the MSA.

3. INTELLECTUAL PROPERTY AND CONFIDENTIALITY.

3.1 Ownership. Except for the rights expressly granted herein and the assignment expressly made below, the DCT does not transfer from Provider to Client any Provider Technology, and all right, title, and interest in and to the Provider Technology will remain solely with Provider. Except for the rights expressly granted herein, the DCT does not transfer from Client to Provider any Client Technology, and all right, title, and interest in and to Client Technology will remain solely with Client. Neither Party will, directly or indirectly, reverse engineer, decompile, disassemble, nor otherwise attempt to derive source code or other trade secrets from the other Party. Use of Provider Technology provided hereunder is governed by the applicable license terms, including, without limitation, end-user terms related thereto. 3.2 General Skills and Knowledge. Notwithstanding anything to the contrary in the DCT, Provider shall not be prohibited or enjoined at any time by Client from utilizing any skills or knowledge of a general nature acquired during the course of providing the services, including information publicly known or available or that could reasonably be acquired in similar work performed for another of Provider’s Clients, as long as such work for another of Provider’s Clients was not derived from Client Technology. 3.3 License Grants. Provider hereby grants to Client a nonexclusive, royalty-free license, during the applicable services term, to use the Provider Technology solely for purposes of using the services. Client shall have no right to use the Provider Technology for any purpose other than using the services in accordance with the terms and provisions in the DCT, including the applicable product-specific terms and conditions in Annex 2, attached hereto and incorporated herein by reference. Client agrees that if, in the course of performing the services, it is necessary for Provider to use Client Technology, Provider is hereby granted and shall have a nonexclusive, royalty-free license, during the applicable services term, to use the Client Technology solely for the purposes of delivering the services to Client. Provider shall have no right to use the Client Technology for any purpose other than providing the services to Client under the DCT.3.4 Assignments and Licenses. (a) Effective at the time Provider receives full and final payment for equipment purchased by Client, Provider assigns to Client all right, title, and interest in the specified equipment; provided, however that such assignment does not include any Provider Technology or the intellectual property right of any third party; and (b) Commencing at the time Provider receives full and final payment for the work performed and services rendered, Provider grants to Client a non-exclusive, non-transferable, royalty-free license to use the Provider Technology incorporated into the originally developed tangible deliverable solely in connection with the use of the tangible deliverable as a whole, and to the extent that Client or its employees or contractors participate in the creation or development of Provider Technology. Client, on behalf of itself and its employees and contractors, hereby assigns to Provider all right, title, and interest, including all intellectual property rights in, the Provider Technology; provided, however that such assignment does not include any Client Technology or the intellectual property rights of any third parties. 3.5 Internet Protocol (“IP”) Addresses and Numbers. The MSA sets forth agreement regarding internet protocol addresses and numbers. 3.6 Confidentiality. The MSA sets forth agreement regarding confidentiality.

4. CLIENT ASSURANCES.

4.1 Representations. Client represents and warrants that all Client Data Center Equipment and other tangible items placed by Client in Technology Centers will be used in compliance with all applicable manufacturer specifications. Client will comply at all times with all applicable laws and regulations and the Provider policies as updated by Provider from time to time. The Provider policies are incorporated herein and made a part hereof by this reference. Provider may change the policies upon five (5) days’ notice to Client, which notice may be by publication on Provider’s website at https://www.eatel.com/policies. Client agrees that it has read and understands the current version of the Provider policies. Client shall not knowingly submit to Provider for publication via Provider’s bandwidth any of the following material, regardless of the form of such content: (i) any material which violates or infringes any copyright, trademark, trade secret, patent, or any statutory, common law, or other proprietary rights of others, (ii) any material that is libelous or slanderous, (iii) any material which is or contains anything obscene or pornographic; or (iv) distribution lists to be used in connection with unsolicited electronic mails or other mass electronic mailings including mass newsgroup postings, SPAM, and unsolicited e-mail sent from Client’s server or any other service on the Internet, which contains Client’s domain name or any other domain name on Provider’s network. Due to the public nature of the Internet.