Effective Date: November 12, 2025

This Acceptable Use Policy ("AUP") governs the use of Eqservers’ networks, systems, and data-center infrastructure (the "Infrastructure") and any Services provided by Eqservers LLC ("Eqservers," "we," "us," or "our"). By using the Services, you ("Customer," including your users, clients, and end-customers) agree to comply with this AUP. If you resell or provide downstream services, you must flow-down this AUP contractually and enforce it with your customers.

Unless you have purchased a separate managed add-on, Services are self-managed. You are solely responsible for your servers, operating systems, applications, configurations, data, encryption, patches, backups, access controls, and compliance with law.

Customer is solely responsible for content placed on, transmitted over, or made available via Customer’s Services. Eqservers has no obligation to monitor Customer content, and lack of monitoring does not waive Customer’s responsibility for content compliance and does not create any duty of monitoring by Eqservers.

Any managed services purchased are limited to the scope explicitly described in the applicable order, ticket, or managed services description; all other responsibilities remain with Customer.

You will not use (or permit others to use) the Services or Infrastructure to:

3.1 Illegal/Harmful Content or Conduct: Host, post, transmit, or link to content or activities that are illegal; exploitative; promote violence or harm; are defamatory, fraudulent, deceptive, or invasive of privacy or publicity rights, or conduct that Eqservers, in its sole discretion, determines to be harmful to its operations, reputation, or other customers, to the maximum extent permitted by applicable law.

3.2 Intellectual Property Infringement: Infringe, misappropriate, or violate copyrights, trademarks, patents, trade secrets, or other proprietary rights (including unauthorized distribution or facilitation thereof).

3.3 Security Violations: Hacking, scanning, probing, vulnerability testing without authorization; circumventing authentication; introducing malware; operating open resolvers, open proxies, or similar abuse-prone services without adequate controls.

3.4 Public Anonymization/Egress: Operating Tor exit nodes, public VPN or proxy egress, open relays/resolvers, or similar anonymization infrastructure is prohibited unless Customer obtains Eqservers’ prior written approval and implements any additional abuse-control, logging, or KYC requirements that Eqservers may specify. Internal VPNs used solely for Customer’s own staff or systems (and not offered as a public anonymization service) are generally permitted, provided they comply with this AUP.

3.5 Denial of Service/Abuse: Launch, facilitate, or fail to reasonably mitigate outbound DDoS, reflection/amplification, or abuse that causes or risks blacklisting of Eqservers IP space or impairment of Infrastructure or third-party networks.

3.6 Spam/Unsolicited Messaging: Send or facilitate unsolicited bulk messages. Bulk email must be to recipients who have verified opt-in; you must maintain verifiable subscription records and provide them upon request. Prohibited practices include mail-bombing, forged headers, open relays, or continuing to email recipients who opted out.

3.7 Network Misuse/Resource Strain: Activities that materially degrade network performance or availability for others, including excessive connection attempts, abuse of peering/transit policies, or traffic engineering that violates Eqservers routing/security policies.

3.8 Circumventing Law/Policy: Use that violates applicable laws and regulations (including export controls and sanctions), RIR policies, upstream provider AUPs, or data-center rules.

4.1 Authentication: Maintain SPF, DKIM, and, where applicable, DMARC.

4.2 Relays: No open SMTP relays.

4.3 Opt-Out: Include a functional unsubscribe mechanism in bulk messaging and honor opt-outs promptly (within 10 business days).

4.4 Abuse Thresholds: Complaint rates above 0.3% or hard-bounce rates above 5% may trigger rate-limits, filtering, or suspension. No purchased, rented, or scraped lists are permitted.

4.5 Mail-Server Use Restrictions: The Services are not intended to operate as bulk email or email service provider ("ESP") infrastructure by default. Use of any Service as a primary outbound mail server or ESP (including marketing, newsletter, or lead-generation campaigns) is prohibited unless Customer obtains Eqservers’ prior written approval and complies with any additional technical or abuse-mitigation requirements specified by Eqservers. Low-volume transactional email (such as password resets, account notifications, and system alerts) is generally permitted, subject to this AUP.

5.1 IP License: IP addresses are licensed, not sold, and may be reallocated upon service termination or for abuse/security reasons.

5.2 rDNS: Provided on a best-effort basis; we may revoke or modify rDNS in abuse/security scenarios.

5.3 BGP Announcements: Any request to announce customer prefixes requires proof of ownership, a valid LOA, and accurate IRR/RPKI entries. Eqservers may withdraw or modify any BGP announcements or rDNS records at any time, with or without notice, to preserve network integrity or comply with applicable law, policies, upstream requirements, or data-center rules.

Eqservers may investigate suspected violations and may take immediate action without prior notice where appropriate, including warnings, filtering, rate-limits, null-routing, or suspension/termination of all or part of the Services. Fees continue to accrue during suspension. Eqservers decides evidentiary sufficiency in good faith and may cooperate with authorities consistent with law and the TOS. You remain responsible for your users and downstream customers. These rights and remedies are in addition to any other rights and remedies available to Eqservers under the Terms of Service or applicable law.

Customer shall indemnify Eqservers for all costs and expenses (including reasonable administrative time at Eqservers’ then-current rates and external legal fees) incurred by Eqservers in connection with enforcing this AUP or addressing Customer's violation, to the maximum extent permitted by law.

7.1 Abuse Reports: Third parties may report suspected abuse to abuse@eqservers.com with sufficient detail (timestamps with timezone, source/destination IPs/ports, logs, URLs, and a clear description).

7.2 Customer Notices: Where permitted by law and practicable, we will forward relevant details to the Customer and request timely remediation within the timeframe specified by Eqservers in the notice. Silence or inadequate remediation (as reasonably determined by Eqservers) within the stated window may result in suspension or null-routing.

7.3 Repeat Offenders: Recurrent validated abuse may lead to service termination.

Eqservers responds to valid legal process (e.g., subpoena or court order). Unless legally prohibited, we endeavor to notify the affected Customer prior to disclosure. Legal requests must be directed to Legal@eqservers.com. Our ability to produce data is limited to information we maintain in the ordinary course of business.

You are responsible for securing your systems. Where feasible, Eqservers may provide commercially reasonable measures to maintain network stability during large-scale events. Eqservers may temporarily filter, rate-limit, or blackhole traffic to protect the Infrastructure and other customers. Eqservers shall not be liable for any damage or loss resulting from the implementation of such protective measures, without limiting the disclaimers and liability cap in the Terms of Service.

Resellers must bind downstream customers to terms no less protective than this AUP and must enforce them. Resellers are responsible for prompt action on downstream abuse and for sharing verifiable opt-in records for bulk messaging upon request.

We may update this AUP from time to time. Changes become effective upon posting with the revised "Effective Date." Continued use of the Services after the effective date constitutes acceptance.

This AUP is incorporated by reference into the Eqservers Terms of Service. Capitalized terms not defined here have the meanings in the Terms of Service.