DARTNODE TERMS OF SERVICE AGREEMENT

Effective Date: April 21, 2026 | Last Revised: April 21, 2026

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This Terms of Service Agreement ("Agreement") is a legally binding contract between you ("Customer," "User," "you," or "your") and Snaju Inc., a Texas corporation doing business as DartNode ("DartNode," "Company," "we," "us," or "our"), governing your access to and use of DartNode's services, including but not limited to virtual private servers, dedicated servers, cloud hosting, web hosting, and related infrastructure services (collectively, the "Services").

DartNode is a United States-based commercial Internet service provider and cloud hosting platform operating Autonomous System AS399646, with data centers in Houston, Kansas City, Los Angeles, and Orlando, and additional points of presence launching throughout 2026.

BY ACCESSING, USING, OR SUBSCRIBING TO ANY DARTNODE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

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ARTICLE I - DEFINITIONS

Section 1.1 - Definitions. For purposes of this Agreement, the following terms shall have the meanings set forth below:

1. "Acceptable Use Policy" or "AUP" means DartNode's Acceptable Use Policy published at https://dartnode.com/legal/aup, as amended from time to time, which is incorporated into this Agreement by reference.
2. "Account" means the customer account established by User to access and manage Services.
3. "Billing Cycle" means the recurring period (monthly, quarterly, semi-annually, or annually) for which Services are invoiced.
4. "Chargeback" means a reversal of a payment transaction initiated by the Customer through their payment provider, bank, or credit card issuer.
5. "Dedicated Server" means a physical server exclusively allocated to a single Customer.
6. "Disputed Transaction" means any payment transaction that has been challenged, reversed, or disputed by Customer through a payment network, card issuer, bank, or other payment provider, whether in the form of a chargeback, transaction inquiry, retrieval request, or similar process.
7. "Effective Date" means the date upon which the Customer first accesses or uses any Service.
8. "Privacy Policy" means DartNode's Privacy Policy published at https://dartnode.com/legal/privacy, as amended from time to time, which is incorporated into this Agreement by reference.
9. "Prohibited Jurisdiction" means any country, region, territory, entity, or individual subject to comprehensive economic sanctions administered by the United States Department of the Treasury's Office of Foreign Assets Control ("OFAC") or identified on the OFAC Specially Designated Nationals and Blocked Persons List ("SDN List"), as such sanctions and lists are updated from time to time.
10. "Representment" means the process by which DartNode resubmits a Disputed Transaction, together with supporting documentation, to the applicable card network or payment provider in order to contest the dispute, in accordance with the rules of the applicable payment network.
11. "Service Credit" means account credit issued by DartNode as compensation under the Service Level Agreement.
12. "Service Level Agreement" or "SLA" means DartNode's Service Level Agreement published at https://dartnode.com/legal/sla, as amended from time to time, which is incorporated into this Agreement by reference.
13. "VPS" or "Virtual Private Server" means a virtualized server environment provisioned to Customer.

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ARTICLE II - ACCOUNT REGISTRATION AND ELIGIBILITY

Section 2.1 - Account Creation. To access certain features of the Services, you must create an Account. You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update such information; (c) maintain the security and confidentiality of your login credentials; and (d) accept responsibility for all activities occurring under your Account.

Section 2.2 - Eligibility. You represent and warrant that: (a) you are at least eighteen (18) years of age or the age of legal majority in your jurisdiction; (b) you have the legal capacity to enter into this Agreement; (c) you are not prohibited from using the Services under applicable law; and (d) any information you provide is truthful and accurate.

Section 2.3 - Sanctions and Prohibited Jurisdictions. Customer represents and warrants that Customer is not located in, organized under the laws of, ordinarily resident in, or operating on behalf of any Prohibited Jurisdiction, and that Customer is not identified on the OFAC SDN List or any other restricted-party list maintained by a United States government authority. Customer further represents that Customer is not owned or controlled, directly or indirectly, by any person or entity so identified. Customer agrees to promptly notify DartNode if any of the foregoing representations cease to be accurate.

Section 2.4 - Identity Verification. DartNode reserves the right to require identity verification or additional documentation from Customer at any time, including but not limited to: (a) prior to Account activation; (b) prior to provisioning of any Service; (c) at any point during the Account lifecycle; or (d) as required by applicable law, payment network rules, or DartNode's anti-fraud, know-your-customer, or sanctions-screening procedures. Customer agrees to provide requested documentation in a timely manner. DartNode may suspend Services pending completion of verification.

Section 2.5 - Account Approval. Subject to applicable law, DartNode reserves the right to approve, reject, suspend, or terminate any Account application or existing Account. Reasons for adverse action may include, without limitation, failure to complete identity verification, sanctions screening results, fraud signals, prior AUP violations, or incomplete or inaccurate registration information.

Section 2.6 - One Account Per Person. Each individual or entity may maintain only one (1) Account unless expressly authorized in writing by DartNode. Creating multiple Accounts to circumvent restrictions, obtain promotional offers, or evade enforcement actions is prohibited under this Agreement and the AUP.

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ARTICLE III - PAYMENT TERMS AND BILLING

Section 3.1 - Fees and Charges. Customer agrees to pay all fees and charges associated with the Services at the rates in effect at the time of purchase or renewal. All fees are quoted and payable in United States Dollars (USD) unless otherwise specified. DartNode may change prices for future Billing Cycles upon sixty (60) days' advance notice to Customer by email or through the Account dashboard. Price changes do not apply retroactively to any Billing Cycle for which Customer has already paid.

Section 3.2 - Payment Methods. DartNode accepts payment via credit card, debit card, PayPal, cryptocurrency, and other payment methods as may be made available. Customer authorizes DartNode to charge the designated payment method for all fees incurred, including recurring charges for automatically renewing Services.

Section 3.3 - Automatic Renewal. Services are sold on a recurring subscription basis and, unless cancelled by Customer before the renewal date, shall automatically renew for successive Billing Cycles of the same length at the then-current price for the Service. The following terms apply to automatic renewal:

1. Clear and Conspicuous Disclosure. Automatic renewal terms are disclosed clearly and conspicuously at the point of sale, on the Services' checkout page, in the order confirmation email, and within the Account dashboard.
2. Affirmative Consent. Customer acknowledges the automatic renewal terms and affirmatively consents to automatic renewal before the transaction is completed.
3. Cancellation. Customer may cancel automatic renewal at any time through two equally available methods: (i) the cancellation interface in the Account dashboard, which allows one-click cancellation without requiring Customer to speak to a representative; or (ii) by emailing [email protected] from the email address associated with the Account. DartNode will process email cancellation requests within one (1) business day.
4. Renewal Reminder for Annual Subscriptions. For any Service with a Billing Cycle of one (1) year or longer, DartNode will provide Customer with a written renewal reminder notice by email at least thirty (30) days before the renewal date. The reminder will identify the Service, the renewal date, the renewal amount, and the methods by which Customer may cancel.
5. Material Changes. If any material term of the automatic renewal (other than scheduled price changes disclosed in Section 3.1) changes, DartNode will obtain Customer's affirmative consent to the change before the next renewal.
6. State-Law Compliance. DartNode's automatic renewal practices are designed to comply with the federal Restore Online Shoppers' Confidence Act (ROSCA), 15 U.S.C. §§ 8401–8405, and with state automatic-renewal laws including California Business and Professions Code Section 17602, New York General Business Law Section 527-a, Oregon Senate Bill 643 (2021), and the Illinois Automatic Contract Renewal Act, 815 ILCS 601.

Section 3.4 - Late Payment. Invoices are due upon receipt. If payment is not received within the applicable grace period, DartNode reserves the right to:

1. Suspend access to Services after seven (7) days of non-payment following written notice to Customer;
2. Assess late fees of one and one-half percent (1.5%) per month or the maximum rate permitted by law, whichever is less;
3. Terminate Services and delete associated data after fourteen (14) days of non-payment, subject to the data-export procedure in Article XII;
4. Pursue collection through third-party agencies or legal action; and
5. Report delinquent Accounts to consumer or commercial credit reporting agencies.

Section 3.5 - Taxes. All fees are exclusive of applicable taxes, levies, or duties. Customer is responsible for all taxes associated with the Services, excluding taxes based on DartNode's net income.

Section 3.6 - Billing Disputes. Customer should review each invoice promptly. If Customer believes an invoice contains an error, Customer is encouraged to contact DartNode at [email protected] as soon as possible, and no later than sixty (60) days after the invoice date. DartNode will investigate and respond within ten (10) business days. This Section does not limit Customer's rights under applicable law or payment network rules, including the right to initiate a Disputed Transaction with Customer's card issuer or bank.

Section 3.7 - Card Network Compliance. DartNode's billing, receipt, and recurring-payment practices are designed to comply with the applicable rules of Visa, Mastercard, American Express, and Discover. This includes clear merchant descriptors identifying "DARTNODE" or "SNAJU INC DBA DARTNODE" on Customer billing statements, itemized electronic receipts for every transaction, conspicuous disclosure of Billing Cycle frequency, and advance notice of recurring charges as required by the applicable card network.

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ARTICLE IV - REFUND POLICY

Section 4.1 - Seven (7) Day Money-Back Guarantee. Subject to the limitations set forth herein, DartNode offers a seven (7) day money-back guarantee on the following Services:

1. Virtual Private Servers (VPS);
2. Cloud Hosting Services;
3. Web Hosting Services; and
4. Other virtualized services as designated by DartNode.

Section 4.2 - Refund Request Procedure. To request a refund under the 7-Day Money-Back Guarantee, Customer may use either of the following paths, each of which is equally available:

1. Dashboard Cancellation. Log into the Account dashboard, navigate to the applicable Service, and initiate cancellation and/or destruction of the Service within seven (7) calendar days of the original purchase date; or
2. Email Request. Send an email to [email protected] from the email address associated with the Account, within seven (7) calendar days of the original purchase date, identifying the Service to be cancelled and requesting a refund. DartNode will process the cancellation and associated refund within one (1) business day of receiving the request.

Section 4.3 - Refunds for Material Defects. In addition to the 7-Day Money-Back Guarantee, Customer may request a refund within thirty (30) days of initial provisioning for any Service, including but not limited to Dedicated Servers, if:

1. The Service has a material hardware defect;
2. The Service fails to perform materially as described in the product specifications or order confirmation; or
3. The Service cannot be provisioned as ordered.

Refund eligibility under this Section 4.3 requires Customer to first contact DartNode support at [email protected] and provide DartNode's support team a reasonable opportunity to diagnose and remediate the issue. If DartNode is unable to remediate the defect within a commercially reasonable period after receiving the support request, Customer is entitled to a full refund of fees paid for the affected Service. This Section applies notwithstanding any other provision of this Article IV.

Section 4.4 - Non-Refundable Items. Subject to Section 4.3 (Refunds for Material Defects) and applicable law, the following are generally non-refundable:

1. Domain Registrations: Domain name registrations and renewals, due to the non-reversible nature of registry charges;
2. SSL Certificates: SSL/TLS certificate purchases issued by third-party certificate authorities;
3. IP Address Purchases: Additional IP address allocations;
4. Setup Fees: One-time setup or configuration fees, unless the underlying Service is refunded under Section 4.3;
5. Add-on Services: Backup services, DDoS protection, and other add-ons, unless the underlying Service is refunded under Section 4.3;
6. Promotional Credits: Free credits or promotional balances;
7. Services Terminated for Cause: Any Service terminated due to a confirmed material breach of this Agreement or the AUP; and
8. Cryptocurrency Payments: Due to the irreversible nature of blockchain transactions, payments made via cryptocurrency are non-refundable to the original payment method; DartNode will issue any approved refund as Account Credit.

Section 4.5 - Partial Refunds. Except as provided in Section 4.3, no partial refunds shall be issued for unused portions of a Billing Cycle. Early cancellation outside the 7-Day Money-Back Guarantee window and outside the 30-day material defect window does not entitle Customer to a prorated refund.

Section 4.6 - Refund Processing. Approved refunds shall be processed within fourteen (14) business days to the original payment method, except that cryptocurrency payments will be refunded as Account Credit as described in Section 4.4.

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ARTICLE V - DISPUTED TRANSACTIONS AND CHARGEBACKS

Section 5.1 - Direct Resolution Preferred. Customers experiencing billing concerns, provisioning issues, or service complaints are encouraged to contact DartNode support at [email protected] for resolution. Most concerns can be resolved quickly and completely through direct communication, and DartNode commits to working with Customer in good faith to address billing issues before they escalate.

Section 5.2 - Acknowledgment of Cardholder Rights. Customer retains all rights to dispute transactions under applicable payment network rules, federal and state consumer protection law, and the Fair Credit Billing Act, including but not limited to the right to file a chargeback or initiate a billing inquiry with Customer's card issuer or bank. Nothing in this Agreement limits, waives, penalizes, or is intended to chill Customer's exercise of those rights.

Section 5.3 - DartNode's Right of Representment. DartNode reserves the right to contest any Disputed Transaction through the applicable payment network's Representment process when DartNode believes in good faith that the transaction was legitimate and properly authorized. In doing so, DartNode may submit supporting documentation including order records, authentication logs, usage data, communications with Customer, and evidence of Service delivery, in accordance with the rules of the applicable card network.

Section 5.4 - Cost Recovery. DartNode may recover from Customer any administrative fees, representment costs, and reasonable service charges associated with resolving a Disputed Transaction that is finally determined to be invalid, fraudulent, or filed in bad faith (including, without limitation, a Disputed Transaction that is resolved in DartNode's favor through the card network's dispute process), to the extent permitted by applicable law and the rules of the applicable payment network. DartNode will not seek to recover such costs where a Disputed Transaction is resolved in Customer's favor or where applicable law or network rules prohibit recovery.

Section 5.5 - Separation of Dispute Filings from Service Consequences. Filing a Disputed Transaction is not, by itself, a breach of this Agreement and will not, by itself, result in termination, account ban, or deletion of Customer Data. Account termination, service suspension, and data deletion are governed by Article XII (Term and Termination) and the AUP, and are based on specific conduct such as confirmed fraud, abuse, non-payment after the notice period in Article III, or material violation of the AUP. Those consequences are not tied to the filing of a dispute itself.

Section 5.6 - Fraud Detection. DartNode employs fraud detection systems and participates in industry fraud-prevention programs. Accounts exhibiting patterns consistent with payment fraud, identity fraud, synthetic-identity fraud, or coordinated abuse — as evidenced by signals independent of any Disputed Transaction filing — may be suspended pending investigation, in accordance with Article XII and the AUP.

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ARTICLE VI - SERVICE USAGE AND RESTRICTIONS

Section 6.1 - Acceptable Use Policy. Customer's use of the Services is subject to DartNode's Acceptable Use Policy, a separate document published at https://dartnode.com/legal/aup. The AUP is incorporated into this Agreement by reference. Customer agrees to comply with the AUP as amended from time to time. Material violations of the AUP are grounds for termination under Article XII (Term and Termination).

Section 6.2 - Prohibited Activities. Without limiting the AUP, Customer shall not use the Services to:

1. Violate any applicable law, statute, ordinance, or regulation;
2. Infringe upon intellectual property rights of any third party;
3. Transmit malicious code, viruses, or harmful software;
4. Engage in unauthorized access to systems or networks;
5. Conduct denial-of-service attacks or network flooding;
6. Send unsolicited bulk communications (spam);
7. Host content depicting child sexual exploitation or abuse;
8. Engage in cryptocurrency mining on shared resources without express written authorization;
9. Operate open proxies or relay services facilitating abuse;
10. Resell Services without an authorized Reseller Agreement; or
11. Engage in any activity that damages DartNode's infrastructure or other Customers' use of the Services.

Section 6.3 - Resource Usage. Services are subject to the resource limits and fair-use policies published by DartNode for each Service tier. Customer shall not consume resources in excess of documented limits or in a manner that degrades service for other Customers. DartNode reserves the right to throttle, suspend, or terminate Services exhibiting documented resource abuse, subject to the notice provisions in Article XII.

Section 6.4 - Abuse Response and Cooperation. DartNode actively monitors for and responds to abuse reports, participates in industry abuse-response mechanisms (including the Messaging, Malware and Mobile Anti-Abuse Working Group, Spamhaus, and similar initiatives), and cooperates with law enforcement on investigations involving Customer Services in accordance with applicable law and DartNode's Privacy Policy. Customer agrees to respond to DartNode abuse notifications in the timeframes set forth in the AUP.

Section 6.5 - Monitoring. Customer acknowledges that DartNode may monitor Services for compliance with this Agreement, the AUP, and applicable law. Such monitoring is conducted in accordance with DartNode's Privacy Policy and is limited to what is reasonably necessary for operations, security, abuse response, and legal compliance.

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ARTICLE VII - DATA AND CONTENT

Section 7.1 - Customer Data. Customer retains all ownership rights to data and content uploaded to or stored on the Services ("Customer Data"). Customer grants DartNode a limited license to host, store, transmit, and display Customer Data solely to the extent necessary to provide the Services.

Section 7.2 - Data Backup. CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING BACKUPS OF CUSTOMER DATA. Unless Customer has purchased a specific DartNode-managed backup add-on, DartNode is not responsible for data loss, corruption, or destruction arising from any cause, including hardware failure, software malfunction, human error, natural disaster, or termination of Services.

Section 7.3 - Data Retention on Termination. Upon termination of Services, DartNode may delete Customer Data in accordance with the procedure set forth in Article XII. Customer should export all data prior to cancellation, expiration, or termination of Services.

Section 7.4 - Security Measures. DartNode maintains reasonable administrative, technical, and physical security measures in accordance with industry standards to protect the Services and Customer Data from unauthorized access, use, alteration, or disclosure. No system is perfectly secure, and DartNode does not warrant that its security measures will prevent every unauthorized access.

Section 7.5 - Breach Notification. In the event of a confirmed data breach involving Customer Data, DartNode will notify affected Customers in accordance with applicable federal and state breach-notification laws, including the Texas Identity Theft Enforcement and Protection Act where applicable. Notification will describe the nature of the breach, the categories of data involved, remediation steps taken, and recommendations for Customer.

Section 7.6 - Law Enforcement. DartNode may disclose Customer Data to law enforcement or government authorities as required by law or in response to valid legal process, in accordance with the Privacy Policy.

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ARTICLE VIII - INTELLECTUAL PROPERTY

Section 8.1 - DartNode Property. All content, trademarks, logos, software, and materials provided by DartNode remain the exclusive property of DartNode or its licensors. This Agreement grants no license or right to use DartNode's intellectual property except as expressly provided.

Section 8.2 - Customer Content. Customer represents and warrants that Customer Data does not infringe any third-party rights and that Customer has all necessary permissions to use and store such content.

Section 8.3 - DMCA Compliance. DartNode complies with the Digital Millennium Copyright Act. Copyright infringement claims should be directed to the designated agent at [email protected].

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ARTICLE IX - DISCLAIMER OF WARRANTIES

Section 9.1 - As-Is Basis. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Section 9.2 - Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DARTNODE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

1. IMPLIED WARRANTIES OF MERCHANTABILITY;
2. FITNESS FOR A PARTICULAR PURPOSE;
3. NON-INFRINGEMENT;
4. TITLE;
5. ACCURACY OR RELIABILITY OF RESULTS;
6. UNINTERRUPTED OR ERROR-FREE OPERATION; AND
7. SECURITY OR FREEDOM FROM VIRUSES OR MALICIOUS CODE.

Section 9.3 - No Guarantee. DartNode does not warrant that the Services will meet Customer's requirements or expectations, or that defects will be corrected, except as expressly set forth in Article IV (Refund Policy) and the Service Level Agreement.

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ARTICLE X - LIMITATION OF LIABILITY

Section 10.1 - Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DARTNODE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY:

1. INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
2. LOSS OF PROFITS, REVENUE, BUSINESS, OR ANTICIPATED SAVINGS;
3. LOSS OF DATA OR DATA CORRUPTION;
4. LOSS OF GOODWILL OR REPUTATION;
5. COST OF PROCUREMENT OF SUBSTITUTE SERVICES; OR
6. ANY DAMAGES ARISING FROM INTERRUPTION OF SERVICE,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF DARTNODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 10.2 - Liability Cap. DARTNODE'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO DARTNODE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

Section 10.3 - Essential Purpose. THE LIMITATIONS SET FORTH IN THIS ARTICLE SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

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ARTICLE XI - INDEMNIFICATION

Section 11.1 - Customer Indemnification. Customer agrees to indemnify, defend, and hold harmless DartNode, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to:

1. Customer's use or misuse of the Services;
2. Customer's violation of this Agreement or the AUP;
3. Customer's violation of applicable law;
4. Customer Data or content;
5. Customer's infringement of third-party rights; or
6. Any dispute between Customer and a third party.

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ARTICLE XII - TERM AND TERMINATION

Section 12.1 - Term. This Agreement commences on the Effective Date and continues until terminated in accordance with this Article.

Section 12.2 - Termination by Customer. Customer may terminate Services at any time through the Account dashboard or by emailing [email protected]. Termination does not entitle Customer to refunds except as expressly provided in Article IV.

Section 12.3 - Termination by DartNode. DartNode may suspend or terminate Services for:

1. Material violation of this Agreement or the AUP;
2. Non-payment of fees beyond the notice periods set forth in Article III;
3. Confirmed fraudulent or illegal activity;
4. Activity that poses an imminent threat to DartNode's network, other Customers, or third parties;
5. Lawful request by law enforcement or government authority;
6. Identification of Customer on a sanctions or export-control restricted-party list; or
7. Material inaccuracy in information provided during registration or identity verification.

Section 12.4 - Advance Notice. Where practicable, DartNode will provide Customer with reasonable advance notice of termination, including a description of the reason for termination and, where applicable, an opportunity to cure. Advance notice is not required in cases of:

1. Imminent security, network, or legal risk;
2. AUP violations involving illegal activity or ongoing active abuse;
3. Non-payment after the notice period in Article III;
4. Confirmed fraud or materially false information in Customer's Account; or
5. Court order or binding law enforcement directive.

Section 12.5 - Data Export on Termination. Upon termination for reasons other than AUP violations involving illegal content, active abuse, or confirmed fraud, Customer may request a data export within thirty (30) days of the termination date by emailing [email protected]. DartNode will use commercially reasonable efforts to facilitate export of Customer Data in a standard, machine-readable format, subject to technical feasibility and applicable law. DartNode may charge a reasonable administrative fee for large or complex exports.

Section 12.6 - Effect of Termination. Upon termination: (a) all licenses granted hereunder terminate immediately; (b) Customer must cease all use of Services; (c) Customer remains liable for all accrued fees and charges; (d) DartNode may delete Customer Data after the export window in Section 12.5 has elapsed; and (e) provisions intended to survive termination (including Articles IV, V, VII, VIII, IX, X, XI, XIV, XV, and XVI) shall remain in effect.

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ARTICLE XIII - SERVICE LEVEL AGREEMENT

Section 13.1 - SLA Incorporation. DartNode's service-availability commitments and associated remedies are set forth in the Service Level Agreement, a separate document published at https://dartnode.com/legal/sla. The SLA is incorporated into this Agreement by reference.

Section 13.2 - Uptime Commitment. DartNode commits to ninety-nine and nine tenths percent (99.9%) network uptime for VPS, cloud, and Dedicated Server Services, measured monthly, excluding:

1. Scheduled maintenance windows announced in advance;
2. Emergency maintenance reasonably necessary to address security or stability issues;
3. Force majeure events as described in Section 16.6;
4. Outages caused by Customer or by Customer-controlled software or configuration;
5. Outages caused by third-party networks outside DartNode's reasonable control; and
6. Exclusions specifically identified in the SLA.

Section 13.3 - Service Credits as Exclusive Remedy. Service Credits, calculated and issued as described in the SLA, are Customer's sole and exclusive remedy for any failure to meet the SLA uptime commitment or any other service availability issue. Service Credits are not refundable for cash and expire in accordance with the SLA.

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ARTICLE XIV - EXPORT CONTROL AND SANCTIONS COMPLIANCE

Section 14.1 - Sanctions Representation. Customer represents and warrants that Customer is not located in, organized under the laws of, ordinarily resident in, or operating on behalf of any country, region, entity, or individual subject to comprehensive United States sanctions as administered by the Office of Foreign Assets Control (OFAC), and Customer is not identified on the OFAC Specially Designated Nationals and Blocked Persons List (SDN List) or any other restricted-party list maintained by a United States government authority.

Section 14.2 - Export Control Compliance. Customer agrees not to use DartNode Services to export, re-export, transfer, or provide access to technology, software, technical data, or other controlled items in violation of the United States Export Administration Regulations (EAR), 15 C.F.R. Parts 730–774, the International Traffic in Arms Regulations (ITAR), 22 C.F.R. Parts 120–130, or any other applicable United States or foreign export control law.

Section 14.3 - Customer Responsibility. Customer is solely responsible for determining whether its use of the Services is subject to export control or sanctions restrictions and for obtaining any required export licenses, classifications, or authorizations. Customer agrees to cooperate with DartNode's compliance requirements, including providing end-use, end-user, and jurisdictional information upon reasonable request.

Section 14.4 - Right to Suspend or Terminate. DartNode reserves the right to immediately suspend or terminate Services, in whole or in part, upon identification of any Customer or Customer activity subject to United States sanctions or export control restrictions, or upon a good-faith determination that continued provision of Services would expose DartNode to sanctions or export control liability.

Section 14.5 - Controlled Services Acknowledgment. Customer acknowledges that certain DartNode Services, including those relating to encryption technology and aerospace or defense-adjacent infrastructure, may be subject to United States export controls. Customer agrees to comply with all applicable compliance requirements and to provide DartNode with any information reasonably necessary to evaluate export control status.

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ARTICLE XV - DISPUTE RESOLUTION

Section 15.1 - Informal Resolution. Before initiating formal proceedings, the parties agree to attempt informal resolution. To initiate informal resolution, Customer must contact DartNode support at [email protected] with a detailed description of the dispute, including the facts giving rise to the dispute, the relief sought, and any supporting documentation. DartNode will respond within ten (10) business days with a proposed resolution or a request for additional information. If the dispute cannot be resolved informally within thirty (30) days of Customer's initial contact, either party may pursue formal resolution as provided in this Article XV.

Section 15.2 - Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law provisions.

Section 15.3 - Jurisdiction and Venue. Subject to Section 15.1, any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Harris County, Texas. The parties consent to personal jurisdiction and venue in such courts.

Section 15.4 - Waiver of Jury Trial. TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Section 15.5 - Class Action Waiver. Customer agrees to resolve disputes with DartNode on an individual basis and waives any right to participate in class actions, class arbitrations, or representative proceedings, to the extent permitted by applicable law.

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ARTICLE XVI - GENERAL PROVISIONS

Section 16.1 - Entire Agreement. This Agreement, together with the AUP, the SLA, the Privacy Policy, and any other policies incorporated by reference, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and agreements.

Section 16.2 - Amendment. DartNode reserves the right to modify this Agreement from time to time by posting revised terms on its website. For material changes, DartNode will provide at least thirty (30) days' advance notice to Customer by email or through the Account dashboard. Continued use of Services following the effective date of a modification constitutes acceptance of the amended terms.

Section 16.3 - Severability. If any provision of this Agreement is held invalid or unenforceable, such provision shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

Section 16.4 - Waiver. Failure to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision.

Section 16.5 - Assignment. Customer may not assign or transfer this Agreement without DartNode's prior written consent. DartNode may assign this Agreement without restriction to any affiliate or successor-in-interest.

Section 16.6 - Force Majeure. DartNode shall not be liable for delays or failures in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, upstream network failures, or infrastructure failures.

Section 16.7 - Notices. Notices to DartNode must be sent to [email protected]. Notices to Customer will be sent to the email address associated with the Account.

Section 16.8 - Relationship of Parties. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between the parties.

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ARTICLE XVII - CONTACT INFORMATION

Section 17.1 - Contact. For questions regarding this Agreement, please contact:

Snaju Inc. d/b/a DartNode
League City, Texas, United States
Legal: [email protected]
Support: [email protected]
Help: [email protected]
Abuse: [email protected]
Phone: (281) 724-4464

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BY USING DARTNODE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.