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TERMS AND CONDITIONS — Last revised: August 21, 2026

Terms and Conditions

Note: payments to tzulo are non-refundable. The sole exception is stated in Section 1.4 (Payment Methods).

1. 1Fees and Billing.
   1. 1.1Service Charges. Customer agrees to pay the monthly charges for Services and any set up and other charges indicated on the Service Order(s) or otherwise due hereunder (collectively, “Service Charges”). Service Charges do not include any applicable taxes, which may be billed to Customer in addition to the Service Charges. If a Service Order provides for deferred payment of set-up costs over time, Customer acknowledges that it is responsible for paying in full the remaining balance of such set-up costs in the event of any early termination of the Service Order or this Agreement for any reason whatsoever.
   2. 1.2“Burst” Bandwidth. Billing for connectivity beyond the committed level ("burst" bandwidth) will follow the "95th percentile" rule: Usage samples will be collected and sorted from highest to lowest and the top 5% discarded. The next highest sample (the 95th percentile number) will then be used as the basis in computing the charge for the month for bandwidth beyond the committed level. Further detail on 95th percentile measurement is set forth in the Bandwidth Billing section of the Addendum below.
   3. 1.3Billing and Payment Terms. Beginning on the date of commencement of the Services, as set forth in the Service Order or otherwise documented, Customer will be billed monthly in advance for the contracted Services; except for specified one-time additional Services ordered by Customer and for “burst” bandwidth, which will be billed after the end of the month. All Service Charges and other fees will be due in U.S. dollars within fifteen (15) days of the date of invoice, or on such other terms as Tzulo may require if Customer has not met the criteria for an unsecured net-15-day line of credit. Late payments will accrue interest at a rate of one and one-half percent (1 ½%) per month or the highest rate allowed by applicable law, whichever is lower. If Customer fails to make payments when due and does not cure such failure within ten (10) days after receipt of written notice of the same pursuant to the terms hereof, Tzulo will consider Customer in default of its payment obligations hereunder, may suspend service to Customer and require payment in advance of further Services.
   4. 1.4Payment Methods. Tzulo requires all customers to make payment via one of the following methods, including but not limited to: credit card, PayPal, bank transfer (ACH), wire transfer, or Bitcoin direct payment, at the time of the service due date. Failure to pay for services due may result in suspension and, following the notice and cure procedures of Sections 1.3 and 9.3, termination of services. All customers whose single or combined services equal or exceed $2,000/month will incur a 3% processing fee on all credit card and PayPal transactions. It is the responsibility of the buyer to pay for services by a method that does not impose transaction fees on Tzulo; payment methods without such fees include but are not limited to bank transfer (ACH), wire transfer, and check. Bitcoin payments for services over $10,000/month will include a 1% fee. Any credit card or payment method added to the tzulo portal may be tried for payment when payment is overdue; Customer is responsible for adding and removing the payment methods that are or are not to be used, and any card on file within the customer account may be used for payment if the default payment method fails. All subscription-based payment arrangements, such as PayPal subscriptions, are the responsibility of the buyer to cancel; Tzulo does not cancel subscriptions, and Tzulo will not be held liable for subsequent payments made under a subscription for services that have been cancelled or changed. Notwithstanding the general rule that payments to Tzulo are non-refundable, Tzulo will refund a maximum of three (3) months of subscription overpayments once the overpayment is brought to our attention; this is the sole exception to the non-refundable rule.
   5. 1.5Support Times. Tzulo support is unmanaged support for all services. Tzulo will not configure servers beyond their initial configuration, nor maintain servers, check raid status, or provide alerts for downtime or issues. Furthermore, the Tzulo support queue provides tech responses that are typically up to 4 hours for initial response. While almost all requests are answered within 1 hour irrespective of urgency, we ask that you select the appropriate value for your issue or question. Urgent requests determined to be not directly related to our infrastructure may result in a managed support fee. LOW Non critical requests, licensing, general questions: 24 hours. MEDIUM Application or O/S level issue (able to connect to server): 3-6 hours. HIGH Critical service impacting (unable to connect to server): 0-4 hours. Reinstall queues and hardware replacement are 24 hours or less. However, please note these times are estimates only, not commitments, and may be longer or shorter depending on the current queue. Paid Remote Hands Services beyond the scope of unmanaged support are available as described in the Data Center Rules.
2. 2Services. The Services will be provided to Customer on the terms set forth on the Service Order(s), subject to the provisions of this Agreement. Requests for additional Services may be made to Tzulo’s sales staff or by e-mail to sales@tzulo.com and will be effective when accepted by Tzulo. Such additional Services shall result in an increase in the Service Charges as set forth in the Service Order. For additional services outside the scope of this Agreement (including any Service Order), Tzulo must receive 72 hours’ advance notice before commencing such services, or may bill Customer a $500 rush services charge. This paragraph does not apply to Remote Hands Services or to maintenance scheduled under the notice periods in the Data Center Rules.
3. 2.1Support Burden. Tzulo reserves the right to provide notice of termination of any and all Services where Customer’s conduct places an undue burden on Tzulo staff, including but not limited to: abusive or threatening conduct toward Tzulo staff, or support consumption that grossly and persistently exceeds the scope of unmanaged services. Tickets in all CAPS will not be responded to. What constitutes a 'burden' is determined solely by Tzulo, Inc.
4. 2.2Network Burden. It is the right of tzulo to suspend, cap or rate limit any and all traffic when deemed detrimental to the health of the network or other customers. Unmetered service is a shared service and is sold with no guarantees of any kind. Customers are asked to upgrade to dedicated port, metered, or flat rate plans to avoid congestion on the network.
5. 2.3IP Addresses. It is the right of tzulo to suspend, cancel, or terminate any clients that work to circumvent IP Addresses that are assigned to customer equipment. All IP addresses assigned to customers are to be bound to their service. Servers are assigned a Primary IP that is used for the tracking of the server, and is allocated for the IPMI Interface of each server. The Primary IP shall not be removed from this interface and reused on other services for any reason as this IP is monitored, and used for remote control of the services. Clients may not utilize IP Addresses that are not assigned to them for any reason. Clients caught sending malicious traffic with "spoofed" or unassigned IP Addresses from their services will be terminated.
6. 2.4BGP IPv4/IPv6 Prefixes. tzulo will only advertise via our BGP session with our providers, a client's IPv4/IPv6 Prefixes once an LOA (Letter of Authorization) has been provided from the IPv4/IPv6 owner. tzulo has the right to charge for each prefix that it is to announce on your behalf from our AS11878. If the original IPv4/IPv6 owner contacts us to remove the block without notification from our client, we will immediately remove the block. A service fee will be charged to the client. Repeated IP block issues can result in termination and removal of all services including servers and IP blocks from our network.
7. 2.5No Service Level Agreement. Tzulo does not offer a Service Level Agreement. All Services, including without limitation network, power, and cooling, are provided on a best-effort basis, and no uptime, latency, or other performance commitment is made or implied. An explanation of why Tzulo does not publish an SLA is available at tzulo.com/legal/sla.
8. 3Equipment.
   1. 3.1Equipment Sales. If any Service Order includes the sale of equipment to Customer (including hardware, software, or other equipment), Customer agrees to pay the prices specified in the Service Order plus all applicable taxes, import and custom duties, and similar charges, upon the terms set forth herein. All risk of loss or damage to such equipment passes to Customer upon installation to Customer’s data center space or such other point designated in the Service Order. Title passes to Customer when all outstanding balances due for such equipment are paid in full. In the event Customer defaults on its payment obligations hereunder, Tzulo may enter the premises wherein the equipment may be found and take possession and remove such equipment.
   2. 3.2Supplied Equipment. Customer shall have no right or interest in any equipment supplied by Tzulo other than the right to use such equipment during the specified term while payments are current. Customer shall be liable to Tzulo for any damage to such equipment caused by Customer or Customer’s representatives, agents or employees.
   3. 3.3Supplied Equipment Software Updates. Customer shall NOT update any supplied hardware BIOS, FIRMWARE, or other component without the written consent of Tzulo's staff. At no time is a customer allowed to update a server's Motherboard, Raid card, Network card, GPU, or other component that is not directly owned by the customer without the written consent of Tzulo. Failure to follow this rule may result in the customer being liable for the complete replacement cost of the hardware, associated downtime, and personnel time.
9. 4Warranty. Tzulo warrants that it will provide the Services at a professional level of quality conforming to generally accepted industry standards and in compliance with all applicable laws and regulations. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, CUSTOMER’S USE OF THE SERVICES ARE AT CUSTOMER’S OWN RISK, AND TZULO DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THERE IS NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
10. 5Disclaimer of Third Party Actions and Control. Tzulo does not and cannot control the flow of data to or from the Tzulo network and other portions of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions caused by these third parties can produce situations in which Customer connections to the Internet (or portions thereof) may be impaired or disrupted. It cannot be guaranteed that such situations will not occur and, accordingly, Tzulo disclaims any and all liability resulting from or related to such events. In the event that Customer’s use of the Service or interaction with the Internet or such third parties is causing harm to or threatens to cause harm to the Tzulo Network or its operations, Tzulo shall have the right to suspend the Service. Tzulo shall restore Service at such time as it reasonably deems that there is no further harm or threat of harm to the Tzulo Network or its operations.
11. 6Limitations of Liability.
    1. 6.1Exclusions. In no event will Tzulo be liable for any incidental, punitive, indirect or consequential damages (including without limitation any lost revenue or lost profits) or for any loss of technology, loss of data, or interruption or loss of use of Service or any other similar claims by Customer or related to Customer’s business, even if Tzulo is advised of the possibility of such damages.
    2. 6.2Maximum Liability. Notwithstanding anything to the contrary in this Agreement, Tzulo’s maximum aggregate liability to Customer related to or in connection with this Agreement whether under theory of contract, tort (including negligence), strict liability or otherwise will be limited to the total amount of fees actually paid by Customer to Tzulo hereunder in the three (3) month period immediately preceding the event giving rise to the claim.
    3. 6.3Backups. Backups are solely the Customer’s responsibility. Tzulo does not back up Customer data and shall have no liability for any loss of Customer data, however caused.
12. 7Indemnification.
    1. 7.1Covered Claims. Each party (the “Indemnifying Party” for purposes of this Section) will indemnify, defend and hold harmless the other party (the “Indemnified Party”), its directors, officers, employees, and affiliates (collectively, the “Indemnified Entities”) from and against any and all claims, actions or demands brought against any of the Indemnified Entities alleging: (a) infringement or misappropriation of any intellectual property rights by the Indemnifying Party except to the extent caused by the Indemnified Party; (b) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity, or spamming or any other tortious or illegal conduct; (c) any property loss suffered by any other customer of Tzulo resulting from acts or omissions by the Indemnifying Party or its representative(s) or designees; or (d) any personal injury suffered by any representative, employee or agent of the Indemnified Party arising out of such individual’s activities related to the Services except to the extent caused by the Indemnified Party’s negligence or willful misconduct (collectively, the “Covered Claims”). Tzulo’s indemnification obligations under this Section are subject to the limitation of liability in Section 6.2.
    2. 7.2Notice Procedure. The Indemnified Party will provide the Indemnifying Party with prompt written notice of each Covered Claim of which the Indemnified Party becomes aware. At the Indemnified Party’s sole option, it may elect to participate in the defense and settlement of any Covered Claim, provided that such participation shall not relieve the Indemnifying Party of any of its obligations under this Section. The Indemnifying Party shall have the right to control the defense of any Covered Claim.
13. 8Term. This Agreement will commence on the Effective Date and will expire upon the expiration of all Service Order(s) hereunder, unless sooner terminated as provided herein. Each Service Order will have the term specified therein, and will automatically renew at similar terms of the original Service Order unless Customer notifies Tzulo in writing at least thirty (30) days prior to the expiration of the then-current term, consistent with Section 9.0, that it has elected to terminate the Services under such Service Order at the end of such term.
14. 9Termination.
    1. 9.0Termination. Tzulo and its clients have the right to cancel any monthly services with a 30-day written notice to each other. Services that are longer than month-to-month or paid on a different schedule may need longer cancellation notices. Please see contract specific details at the time of service.
    2. 9.1Nonpayment. In addition to its rights under Section 9.3 below, Tzulo may suspend service to Customer if Customer is in default of its payment obligations hereunder. Reinstatement of Services may involve costs, for which a reconnection fee may be required. Nonpayment of any outstanding invoices that remain unpaid following the notice and cure period in Section 1.3 may result in ALL services being suspended, not just the services in the invoices that are outstanding.
    3. 9.2Bankruptcy. Either party may terminate this Agreement upon written notice to the other party if such other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, or liquidation for the benefit of creditors, if such petition or proceeding is not dismissed within 60 days of filing.
    4. 9.3Breach. Except as otherwise stated, either party may terminate this Agreement if the other party breaches any material term or condition of this Agreement and fails to cure such breach within ten (10) days.
    5. 9.4Effect of Termination. Upon expiration or termination of this Agreement: (a) Tzulo will cease providing the Services; (b) except in the case of termination by Customer pursuant to Section 9.3, all of Customer’s payment obligations under this Agreement, including but not limited to the Service Charges through the end of the Term indicated on the Service Order(s) will become due in full immediately; and (c) Tzulo reserves the right to restrict Customer’s physical access to its equipment in any facility of Tzulo’s and to hold such equipment securely until payment in full has been received or until such equipment is held and disposed of in accordance with the notice and sale procedure in the Data Center Rules, with proceeds applied to outstanding balances.
    6. 9.5Payment Threats. An actual chargeback initiated against Tzulo, or Customer’s written refusal to pay amounts owed to Tzulo, will result in suspension of ALL Services with Tzulo until the amounts owed are paid in full or the dispute is resolved.
15. 10Survival. The Parties’ respective representations, warranties, and covenants, together with obligations of indemnification, confidentiality and limitations on liability will survive the expiration, termination or rescission of this Agreement and continue in full force and effect.
16. 11Miscellaneous Provisions.
    1. 11.1Force Majeure. Other than with respect to failure to make payments due, neither party shall be liable under this Agreement for delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof, caused or occasioned by, or due to fire, earthquake, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment or supplies, unavailability of transportation, acts or omissions of third parties, or any other cause beyond its reasonable control.
    2. 11.2Confidentiality. Each party agrees that all information furnished to it by the other party, or information of the other party to which it has access under this Agreement, shall be deemed the confidential and proprietary information (collectively referred to as “Confidential Information”) of the Disclosing Party and shall remain the sole and exclusive property of the Disclosing Party (the party furnishing the Confidential Information referred to as the “Disclosing Party” and the other Party referred to as the “Receiving Party”). Each party shall treat the Confidential Information and the contents of this Agreement in a confidential manner, shall use such information only to the extent necessary to perform its obligations hereunder, and, neither party may directly or indirectly disclose the same to anyone other than its employees on a need to know basis and who agree to be bound by the terms of this Section, without the written consent of the Disclosing Party. Information will not be deemed Confidential Information hereunder if such information: (i) is known to the Receiving Party prior to receipt from the Disclosing Party directly or indirectly from a source other than one having an obligation of confidentiality to the Disclosing Party; (ii) becomes known (independently of disclosure by the Disclosing Party) to the Receiving Party directly or indirectly from a source other than one having an obligation of confidentiality to the Disclosing Party; (iii) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the Receiving Party; (iv) is independently developed by the Receiving Party; or (v) is required to be released by law or regulation, provided that the Receiving Party provide prompt written notice to the Disclosing Party of such impending release, and the Receiving Party cooperate fully with the Disclosing Party to minimize such release.
    3. 11.3Marketing. Unless Customer at any time requests otherwise, Tzulo may refer to Customer by name and with logo in Tzulo’s marketing materials and website and, subject to Customer’s review and approval, may promote Customer’s business and use of the Services through a press release, advertising, and other marketing literature.
    4. 11.4Export Control and Sanctions. Customer shall comply with all applicable U.S. export control laws and regulations, including the Export Administration Regulations (EAR), and with all economic sanctions programs administered by the U.S. Office of Foreign Assets Control (OFAC). Tzulo does not provide Services to, and Customer shall not export, re-export, transfer, or make the Services available to, any person or entity identified on an OFAC sanctions list or located in a country or region subject to a U.S. embargo.
    5. 11.5Assignment. Neither party may assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of the other party, except to an affiliate or a party that acquires substantially all of the assigning party’s assets or a majority of its stock as part of a corporate merger or acquisition. Any attempted assignment or delegation without such consent will be void. This Agreement will bind and inure to the benefit of each party’s successors and permitted assigns.
    6. 11.6Resale of Services. Customer may resell the Services. If Customer resells the Services, the Customer that entered into this Agreement remains fully and solely responsible to Tzulo for all obligations hereunder, including billing and payment, compliance with this Agreement, the Tzulo Acceptable Use Policy and Tzulo colocation policies, the handling of abuse originating from the Services, and all acts and omissions of Customer’s end users. Tzulo has no relationship with, and no obligation to, any end user of Customer. Customer hereby indemnifies Tzulo against any harm or any claims arising out of acts or omissions of any customers of Customer or other third parties using Customer’s equipment or service that is the subject of this Agreement, subject to the notice and defense procedures of Section 7.2, and except as provided in the VPN Service Provider Terms with respect to end users of a VPN Service.
    7. 11.7Notices. Any required notice hereunder may be delivered personally or by email, courier, regular mail or mailed by registered or certified mail, return receipt requested, to either party at the name and address on the signature page of this Agreement, or at such other address as such party may provide to the other by written notice. Such notice will be deemed to have been given as of the date it is delivered personally or by email, courier, or five (5) days after it is sent by mail. In addition, Tzulo shall have the right to send Customer notices to Customer’s email address as contained on Tzulo’s customer contact list. Such email notification is deemed delivered on the day sent unless returned to sender. Notices to Tzulo shall be directed to the Legal Department as specified in the Notices section of this Agreement.
    8. 11.8Relationship of Parties. This Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between the parties.
    9. 11.9Changes Prior to Execution. Each party represents and warrants that any changes to this Agreement made by it were properly marked as changes and that it made no changes to the Agreement that were not properly identified as changes.
    10. 11.10Governing Law; Venue; Jury and Class Action Waivers. The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, excluding its conflict of laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Cook County, Illinois for any dispute arising out of or relating to this Agreement, and each party irrevocably waives any objection to such jurisdiction and venue. EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY. All claims arising out of or relating to this Agreement must be brought in a party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
17. 12General. This Agreement, together with the Service Order(s) and Exhibit(s) (including the policies referred to therein) is the complete agreement and understanding of the parties with respect to the subject matter hereof, and supersedes any other agreement or understanding, written or oral. This Agreement may be modified only through a written instrument signed by both parties, except as provided in the section titled ‘Changes in Terms of Agreement.’ Should any provision of this Agreement be declared void or unenforceable, such provision will be deemed amended to achieve as nearly as possible the same economic effect as the original terms and the remainder of this Agreement will remain in full force and effect. If a conflict arises between a party’s pre-printed business form and this Agreement or between a Service Order and this Agreement, this Agreement will take precedence. By initialing each page, Customer agrees that it has reviewed and approved all material contained within the corresponding page.

Addendum: Additional Terms

1. 1Acceptable Use. Customer will at all times comply with and conform its use of the Service to the Tzulo Acceptable Use Policy set forth at the Tzulo website, as updated from time to time, subject to fifteen (15) days notice to Customer of any material changes. In the event Customer violates the Tzulo Acceptable Use Policy where Tzulo determines in its reasonable discretion that there is potential harm to its Network or business, Tzulo shall have the right to immediately suspend Service and, for violations that the Acceptable Use Policy identifies as grounds for immediate termination, to terminate the affected Services without a cure period, notwithstanding Section 9.3.
2. 2Illegal Use. Customer will cooperate in any investigation of Customer’s alleged illegal use of Tzulo’s facilities or other networks accessed through the Tzulo Network. If Customer fails to cooperate with any such investigation, Tzulo may suspend Customer’s Service. Additionally, Tzulo may modify or suspend Customer’s Service in the event of illegal use of the Tzulo Network or as necessary to comply with any law or regulation, including the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512, as reasonably determined by Tzulo.
3. 3Other Networks. Customer is responsible for paying any fees, obtaining any required approvals and complying with any laws or usage policies applicable to transmitting data beyond the Tzulo Network and/or through other public and private networks. Tzulo is not responsible or liable for performance or non-performance of such networks or their inter-connection points.
4. 4Bandwidth Billing. Tzulo’s customers are billed based on the 95th percentile adjustment of their bandwidth usage. The minimum monthly rate is dependent on the amount of space required to co-locate your servers and is available by the shelf, rack or cage. Where stated in the Service Order, the purchase of space includes a minimum level of bandwidth usage. Any bandwidth used above that is billed on a per-kbps rate. On average, this method of calculating bandwidth results in you paying for only 70% of your peak bandwidth usage. 95th percentile pricing is based on a plotted graph of 5 minute averages taken over a monthly period. The busiest 5% of the five minute samples (equivalent to approximately the busiest 36 hours of usage every month) are discarded. The next highest sample is used to calculate the customer’s bandwidth charges. A detailed explanation of this 95th percentile billing can be described as follows.
   1. 4.1Traffic to and from a customer’s router is accumulated over a five minute period. The total amount of data transferred over this period is divided by 300 seconds to get a sample plot measured in bits per second, bps.
   2. 4.2The total of the input and output sample rates are used for this plotting point.
   3. 4.3Over a period of one month (i.e. 30 days) there are 8640 points plotted. The busiest 5% or 432 points are discarded, leaving you with 8208 points plotted. The largest of these points, measured in kbps, is used to calculate your bandwidth charge.
   4. 4.4If your monthly billing program is based on 512kbps bandwidth and your busiest sample, after discarding the top 5% of the plotted points, is 540kbps, then you would be billed for an additional 28kbps for that month. Unless otherwise stated on the Service Order Form, any usage above the contractually committed transfer rate will be billed at 125% of the committed per-kbps rate. The 95th percentile billed usually equates to about twice the average daily throughput, +/- 15%.
   5. 4.5Unmetered Bandwidth. Unmetered Bandwidth maintains a no-commit guarantee on port speeds for services. Unmetered Bandwidth services allow customers to burst to the full speed of the service port for short time periods, but not to have sustained usage that is greater than the 95th percentile metric of 30% of the port. For example, a 100Mbps port cannot be utilized and sustained beyond 30 megabits, and a 1 gigabit port cannot be utilized beyond 30% (300Mbps) of sustained usage (95th percentile metric), without upgrading service to a dedicated or Burst Bandwidth model. Tzulo has the right to cap, rate limit, or traffic shape your service to comply with our needs to maintain fair and acceptable usage among other customers on this shared service. Unmetered Service is not a guarantee of any port speeds or performance metrics; it is the ability to burst without metering for compensation. Unmetered service is a shared service with no guarantee of bandwidth, data transferred or other metrics of any kind. Tzulo reserves the right to terminate services with customers when it sees an undue burden on its network or its other customers.

VPN Service Provider Terms

The following additional terms apply to any Customer that operates a virtual private network, proxy, or other anonymization service (a "VPN Service") on or through the Services. These terms supplement this Agreement and the Acceptable Use Policy. In the event of a conflict between these terms and any other provision of this Agreement concerning responsibility for, attribution of, or remedies arising from the conduct of end users of a VPN Service, including the handling of third-party complaints, these terms control. Tzulo's handling practices for such complaints are described in the section of Tzulo's DMCA Policy titled "VPN Service Providers."

1. Abuse contact. Customer shall maintain a working, monitored abuse contact for the VPN Service, shall keep that contact current with Tzulo, and shall respond promptly to complaints and inquiries forwarded by Tzulo, including notifications of claimed infringement.
2. Copyright compliance. Where Customer stores content at the direction of its end users, Customer shall register its own designated agent with the United States Copyright Office and shall maintain and apply its own policy for responding to notifications of claimed infringement, including a repeat-infringer policy. Where the VPN Service acts solely as a conduit, Customer shall operate it in a manner consistent with 17 U.S.C. § 512(a).
3. Lawful operation. Customer's own conduct in operating the VPN Service remains subject to this Agreement and the Acceptable Use Policy. Customer shall not operate or advertise the VPN Service for use in unlawful activity, shall not knowingly permit such use, and shall not market the VPN Service as exempt from, or as a means of evading, legal process or intellectual-property enforcement.
4. Records. Tzulo does not require Customer to create or retain records identifying end users of the VPN Service. Customer is solely responsible for determining and satisfying any data-retention, disclosure, or other legal obligations applicable to its operation of the VPN Service in the jurisdictions in which it operates.
5. Legal process. Customer acknowledges that Tzulo will comply with valid legal process served on Tzulo, and that Tzulo's responses are limited to records within Tzulo's possession, custody, or control, which ordinarily consist of Tzulo's business records concerning Customer.
6. Indemnification. Customer shall defend, indemnify, and hold harmless Tzulo, its officers, directors, employees, and agents from and against any third-party claim, demand, action, or proceeding, and all resulting liabilities, damages, costs, and expenses (including reasonable attorneys' fees), arising out of or relating to the operation of the VPN Service or the conduct of its end users. Indemnification under this item is subject to the notice and defense procedures of this Agreement's indemnification provisions. This obligation does not apply to the extent a claim arises from Tzulo's own negligence or willful misconduct.
7. Remedies. Customer's failure to maintain the abuse contact required by this section, or repeated failure to respond to valid complaints or notices forwarded by Tzulo, constitutes a material breach of this Agreement. Tzulo may suspend the affected Services if such a breach continues uncured for ten (10) days after written notice to Customer, and may terminate this Agreement in accordance with its termination provisions.

Changes in Terms of Agreement

TZULO reserves the right to make changes to the terms and conditions of this Agreement upon fifteen (15) days notice to the Customer, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).

Enforcement of Agreement

In the event it is necessary for TZULO to enforce its rights under this agreement, Customer agrees to pay all fees incurred by TZULO (including, but not limited to, attorney’s fees and collection agency fees).

Amendment or Waiver

Except as otherwise provided herein, this Agreement may not be amended except upon the written consent of Customer and an officer of TZULO, except as provided in the section titled ‘Changes in Terms of Agreement.’ No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.

Assignment and Severability

This Agreement shall be binding upon and inure to the benefit of Customer, TZULO and our respective successors, and assigns. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

Notices

All notices to Customer hereunder shall be given at the Billing Address provided on the signature page hereto. All notices to TZULO hereunder shall be given to:

Tzulo, Inc.
Legal Department
902 Morse Ave
Schaumburg, IL 60193
legal@tzulo.com

Any notice hereunder shall be in writing and shall be given by email or by registered, certified or express mail, or reliable overnight courier addressed to the addresses in this Agreement. Notice by mail shall be deemed to be given five (5) days after it has been sent, properly addressed and with postage prepaid; notice by courier shall be deemed given upon delivery. Email notice is deemed delivered on the day sent unless returned to sender.

Entire Agreement

This Agreement, and any other document or agreements specifically identified in this Agreement, supersedes all previous representations, understandings or agreements. This Agreement, and any other document or agreements specifically identified in this Agreement constitutes in whole the entire agreement between TZULO and Customer. Any services or products, expressed or implied, that are not specifically included and outlined in this Agreement or the accompanying Service Order Form do not fall under the breadth of this Agreement and are in no way the responsibility of TZULO. Any additions, subtractions, or modifications to this Agreement, in part or in full, must be agreed upon by both TZULO and Customer with accompanying signatures to this effect on the appropriate document referenced by the Agreement.

Survival

The rights and obligations of the parties in this Agreement that by their nature or context are intended to survive the expiration or termination of this Agreement shall so survive.

Acceptance of Services

ACCEPTANCE OF THIS AGREEMENT BY TZULO MAY BE SUBJECT, IN TZULO’S ABSOLUTE DISCRETION, TO SATISFACTORY COMPLETION OF A CREDIT CHECK AND CONTINUED CREDIT WORTHINESS OF CUSTOMER. ACTIVATION OF SERVICE SHALL INDICATE TZULO’S ACCEPTANCE OF THIS AGREEMENT. USE OF THE TZULO NETWORK CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. CUSTOMER REPRESENTS AND WARRANTS THAT CUSTOMER HAS FULL AUTHORITY AND RIGHT TO ENTER INTO THIS AGREEMENT. CUSTOMER FURTHER REPRESENTS AND WARRANTS THAT CUSTOMER IS AT LEAST 18 YEARS OF AGE.

No Service Level Agreement

Tzulo does not offer a service level agreement.

Tzulo publishes no uptime percentage, maintains no service-credit schedule, and operates no credit-claim procedure. All services are provided on a best-effort basis, as set out in the Governing Terms below.

Absence of Service-Credit Remedies

Tzulo does not commit to any measured level of availability and does not offer service credits or any other scheduled remedy for interruptions of service.

An interruption of service, of whatever duration, does not, except as expressly provided in the Terms and Conditions, entitle the customer to credits, refunds, or other compensation, and no statement on this page shall be construed as a contractual commitment of availability.

Tzulo has elected not to adopt a credit-based remedy structure and instead addresses service incidents through the practices described below.

Incident Handling

Incident response is handled directly by Tzulo’s operating personnel, the same staff responsible for building and maintaining the network. Service incidents are reviewed by Tzulo management, which considers the cause of the incident, its effect on the customers concerned, and whether any accommodation is appropriate. Any accommodation extended to an affected customer, whether an explanation of the incident or a further remedy, is provided at Tzulo’s sole discretion by personnel with authority to resolve the matter, and shall not be construed as a contractual entitlement or a course of dealing.

Tzulo operates its own facilities, including its Chicago HQ. Where an incident originates within a Tzulo-operated facility, remediation is performed on site by Tzulo personnel rather than referred to a third-party facility operator. The statements in this section describe Tzulo’s operating practices only and create no obligation.

Tzulo’s business depends substantially on customer renewals, and the continued availability of customer services is accordingly a principal operational priority.

No Guarantee of Uninterrupted Service

Hardware failures, fiber cuts, and power interruptions can occur notwithstanding redundant power feeds and generator backup. Tzulo does not represent or warrant that its network or services will be uninterrupted or error-free, and no description of Tzulo’s incident-handling practices constitutes such a warranty.

Prospective customers who wish to discuss Tzulo’s incident-handling practices before purchase may call 888-myTZULO.

Governing Terms

All Tzulo services are provided on a best-effort basis. Other than the limited warranty in Section 4 of the Terms and Conditions, Tzulo makes no express or implied guarantee of availability, uptime, or performance, and no statement on this page creates one. Warranty, liability, and remedy terms are governed by our Terms and Conditions.

ACCEPTABLE USE POLICY — Last revised: August 21, 2026

Note: payments to tzulo are non-refundable, except as stated in Section 1.4 of the Terms and Conditions.

As a provider of Internet access, web site hosting, and other Internet-related services, Tzulo offers its customers (also known as subscribers) the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Tzulo respects that the Internet provides a forum for free and open discussion and dissemination of information; however, when there are competing interests at issue, Tzulo reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Tzulo has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer’s respective service agreement and is intended as a guide to the customer’s rights and obligations when utilizing Tzulo’s services. This AUP will be revised from time to time. A customer’s use of Tzulo’s services after changes to the AUP are posted on Tzulo’s web site, www.tzulo.com, will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes; material changes take effect fifteen (15) days after notice to the customer, as provided in the Terms and Conditions.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Tzulo cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Tzulo cannot monitor or censor the Internet, and will not attempt to do so, Tzulo cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that Tzulo does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Tzulo’s network and may reach a large number of people, including both subscribers and non-subscribers of Tzulo, subscribers’ postings to the Internet may affect other subscribers and may harm Tzulo’s goodwill, business reputation, and operations. For these reasons, subscribers violate Tzulo’s policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities. For customers operating a VPN Service, attribution of end-user conduct is governed by the VPN Service Provider Terms in the Terms and Conditions and the "VPN Service Providers" section of the DMCA Policy, which control in the event of conflict.

Prohibited activities

Spamming. Sending unsolicited bulk or commercial messages over the Internet (known as "spamming"). Spamming is harmful not only because of its negative impact on consumer attitudes toward Tzulo, but also because it can overload Tzulo’s network and disrupt service to Tzulo subscribers. Maintaining an open SMTP relay is also prohibited. When a complaint is received, Tzulo has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list. Any spam-related abuse that results in a listing on a spam blocklist such as Spamhaus, Barracuda, RATS, CYMRU, RSBL, SpamCop, or any other RBL will result in immediate termination without refund or data recovery.

Phishing and Credential Harvesting. Hosting, transmitting, or linking to content designed to impersonate another party or to deceive recipients into revealing passwords, financial details, or other sensitive information. This includes phishing sites and landing pages, phishing kits, lookalike domains used for deception, and any infrastructure used to collect, store, or relay harvested credentials.

Intellectual Property Violations. Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates the privacy, publicity, or other personal rights of others. Tzulo processes notifications of claimed copyright infringement in accordance with its DMCA Policy; in most cases this means forwarding the notice to the customer responsible for the content, with direct action taken only as described in that policy. See our DMCA Policy for notice and counter-notice procedures. Tzulo terminates the services of repeat infringers in appropriate circumstances as described in our DMCA Policy.

Child Sexual Abuse Material and Obscene Content. Using Tzulo’s network to advertise, transmit, store, post, display, or otherwise make available child sexual abuse material (CSAM) or obscene material. Tzulo reports apparent child sexual abuse material as required by 18 U.S.C. § 2258A and cooperates fully with law enforcement. Discovery of such material results in immediate termination without refund and notification of the appropriate authorities.

Defamatory or Abusive Language. Using Tzulo’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers. Forging or misrepresenting message headers or IP headers, whether in whole or in part, to mask the originator of the message or IP packet will result in IMMEDIATE termination. NO refund will be issued.

Spoofing of Packets. Spoofing or forging packet headers, spoofing MAC addresses, or any alteration of the normal TCP/IP stack intended to disguise the origin or nature of traffic is immediate grounds for termination. NO refunds will be issued.

Illegal or Unauthorized Access to Other Computers or Networks. Accessing, illegally or without authorization, computers, accounts, or networks belonging to another party, or attempting to penetrate the security measures of another individual’s system (often known as "hacking"). Also prohibited is any activity that might be used as a precursor to an attempted system penetration (i.e. port scans, stealth scans, or other information-gathering activity).

Malware, Denial of Service, and Other Destructive Activities. Creating, distributing, or operating malware of any kind, including viruses, worms, trojan horses, and ransomware; launching or participating in denial-of-service attacks, pinging, flooding, or mail bombing; and any other activity that disrupts the use of, or interferes with the ability of others to effectively use, the network or any connected network, system, service, or equipment.

Botnet Command and Control. Hosting or operating botnet command-and-control infrastructure, malware distribution points, or panels used to direct compromised machines, whether or not the compromised machines themselves reside on Tzulo’s network.

Open Resolvers and Amplification Services. Operating open recursive DNS resolvers, openly accessible NTP servers, exposed memcached instances, or any other service that can be abused for reflection or amplification attacks (including SSDP, CLDAP, and CharGEN). Services of this kind must be access-restricted or otherwise secured. Unsecured instances may be filtered, rate-limited, or suspended without notice.

DDoS Mitigation Services for Third Parties. Customers may not operate DDoS mitigation, filtering, or scrubbing services for third parties on Tzulo’s network. Absorbing attacks on behalf of others draws hostile traffic onto shared infrastructure. Doing so may result in termination without refund.

Cryptocurrency Mining. Cryptocurrency mining, and similar sustained-compute workloads such as plotting or farming for proof-of-space networks, is prohibited without prior written permission from Tzulo. These workloads run hardware at continuous full power draw and place unusual demands on facility power and cooling. Tzulo may grant or refuse permission in its sole discretion, and may condition any permission on specific hardware, power, or placement requirements. Mining without prior written permission may result in suspension or termination without refund.

Facilitating a Violation of this AUP. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, including tools that facilitate spamming, pinging, flooding, mail bombing, denial-of-service attacks, credential harvesting, or software piracy.

Sanctions and Export Compliance. Tzulo’s services may not be used by, or for the benefit of, any person or entity named on a U.S. government sanctions list, including the OFAC Specially Designated Nationals list, or located in any jurisdiction subject to comprehensive U.S. sanctions or embargo. Customers must comply with all applicable U.S. export laws and regulations, including the Export Administration Regulations (EAR), in connection with their use of the services.

Fraudulent Schemes and Other Illegal Activities. Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulent credit card charges, and pirated software.

High-Risk and Life-Critical Use. Tzulo’s services are not designed, intended, or licensed for use in any application requiring fail-safe performance, including life support systems, medical devices, aviation or air traffic control, nuclear facilities, weapons systems, or any other application in which a failure of the services could lead directly to death, personal injury, or severe physical or environmental damage. Any such use is prohibited and is entirely at the customer’s own risk.

Other Activities. Engaging in activities, whether lawful or unlawful, that Tzulo determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

Responsibility and enforcement

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Tzulo will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Tzulo policy or applicable law. When Tzulo becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to suspending the service, filtering or null-routing traffic at the network edge, terminating the account, or taking any other action it deems appropriate.

Tzulo is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Tzulo’s facilities from those subscribers may have originated with a customer of the subscriber or with another third party. Reselling Tzulo services is permitted; however, the subscriber remains fully and directly responsible to Tzulo for its end users, including their compliance with this AUP, all billing obligations, and the prompt handling and resolution of any abuse originating from them. Tzulo does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by their customers, but Tzulo has the right to take action directly against a customer of a subscriber where that customer’s traffic or content is identifiable and separable (for customer-operated VPN services, see the "VPN Service Providers" section of the DMCA Policy), and may take action against the Tzulo subscriber because of the activities of a customer of the subscriber, even though that action may affect other customers of the subscriber. Tzulo expects that subscribers who offer Internet services will cooperate with Tzulo in any corrective or preventive action that Tzulo deems necessary. Failure to cooperate with such corrective or preventive measures is itself a violation of Tzulo policy.

Tzulo is also concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Tzulo urges its subscribers to assume that all of their online communications are insecure. Tzulo cannot take any responsibility for the security of information transmitted over Tzulo’s facilities.

Tzulo will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Tzulo may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Tzulo discloses customer information only as described in its Privacy Policy, including in response to valid legal process and as necessary to investigate abuse or protect Tzulo’s network. Tzulo assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice.

Tzulo expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate Tzulo policy. Finally, Tzulo wishes to emphasize that subscribers indemnify Tzulo as provided in Sections 7 and 11.6 of the Terms and Conditions.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Tzulo and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to abuse@tzulo.com, except notifications of claimed copyright infringement, which are received by our designated agent as described in our DMCA Policy. Any subscriber found violating our Terms and Conditions or AUP may face suspension or termination of services without refund.

DMCA Policy

Tzulo, Inc. respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). This policy describes how copyright owners may notify Tzulo of claimed infringement, how customers may respond to such notices, Tzulo's policy regarding repeat infringers, and how notices concerning customer-operated VPN services are handled.

Two principles govern Tzulo's handling of infringement notices. First, a notification of claimed infringement is an allegation, not an adjudicated finding of infringement, and customers are afforded an opportunity to respond before action is taken against their services. Second, Tzulo provides unmanaged infrastructure: Tzulo does not have access to, control over, or knowledge of the content stored on its customers' servers, and Tzulo does not log into customer equipment to remove files. In most cases, the appropriate and lawful handling of a notice is therefore to forward it promptly to the customer, who is responsible for the content hosted on the customer's services.

Designated Agent

Notifications of claimed copyright infringement should be directed to Tzulo's designated agent:

Abuse Department
Tzulo, Inc.
902 Morse Ave
Schaumburg, IL 60193
abuse@tzulo.com

Note: Tzulo’s designated agent is registered with the U.S. Copyright Office DMCA Designated Agent Directory.

Notice of Claimed Infringement

To be effective under 17 U.S.C. § 512(c)(3), a notification of claimed infringement must be a written communication provided to Tzulo's designated agent that includes all of the following elements. Tzulo reviews each notice for compliance with these requirements. A notice that is incomplete or otherwise defective is not an effective notification, does not impart knowledge of infringement, and will be rejected rather than acted upon:

1. A physical or electronic signature of the copyright owner or of a person authorized to act on the owner’s behalf.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notice, a representative list of those works.
3. Identification of the material claimed to be infringing, and information reasonably sufficient to permit us to locate it (for example, the specific URL or IP address where the material appears).
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address.
5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notice is accurate, and, under penalty of perjury, that you are the copyright owner or are authorized to act on the owner’s behalf.

The good-faith-belief statement is a substantive requirement. Courts have held that a complainant must consider whether the use complained of is fair use, licensed, or otherwise lawful before submitting a notice. Automated and bulk-generated notices are held to the same standard as any other notice. A notice that fails to identify specific works at specific locations, such as a general assertion that a server hosts infringing material, is defective on its face.

Identification of Tzulo Network Resources

Tzulo can act only with respect to IP addresses announced on Tzulo's own network. A notification, complaint, or inquiry is actionable by Tzulo only if it identifies, or contains information from which Tzulo can readily determine (for example, a URL on a domain that resolves directly to Tzulo's network), the Tzulo IP address at which the material or conduct at issue is located.

Where a domain name resolves to a third-party content-delivery network or reverse-proxy service (such as Cloudflare), the address visible to the complaining party belongs to that third party, not to Tzulo, and a notice identifying only such a domain or address does not, without more, permit Tzulo to determine whether, or where, the material resides on Tzulo's network. Such a notice does not satisfy the identification requirement of 17 U.S.C. § 512(c)(3)(A)(iii) as to Tzulo, is defective on its face as to Tzulo, and does not impart knowledge of infringement.

Tzulo does not, on a complaining party's behalf, contact content-delivery networks, reverse-proxy services, or other third parties to obtain origin-server or subscriber information. Obtaining information sufficient to identify a Tzulo IP address, for example through the third-party service's own abuse process, is the responsibility of the complaining party. Where a notice nevertheless contains information from which Tzulo can identify the relevant Tzulo IP address from Tzulo's own records, Tzulo will process it as described under “Response to Valid Notices.”

Response to Valid Notices

Upon receipt of a valid notice, Tzulo will promptly forward the complete notice to the affected customer and request a response. The customer may remove the material, dispute the claim by submitting a counter-notification, or explain why the notice does not apply. Because Tzulo provides unmanaged infrastructure, Tzulo acts on customer services directly only when the law requires it: where a customer fails to respond to forwarded notices within a reasonable time, where a court order compels action, or where Tzulo's safe-harbor obligations leave no alternative. Suspension of a customer's service is not Tzulo's initial response to a first notice.

In appropriate circumstances, and in accordance with 17 U.S.C. § 512(i), Tzulo will terminate the services of a customer determined upon individual review to be a repeat infringer.

Counter-Notification

A Tzulo customer who believes that material was removed or disabled as a result of mistake or misidentification may submit to Tzulo's designated agent a written counter-notification under 17 U.S.C. § 512(g) that includes:

1. Your physical or electronic signature.
2. Identification of the material that was removed or to which access was disabled, and the location at which it appeared before removal.
3. A statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, any judicial district in which Tzulo may be found), and that you will accept service of process from the person who provided the original notice or that person’s agent.

Upon receipt of a valid counter-notification, Tzulo will forward it to the party that submitted the original notice. Unless that party notifies Tzulo that it has filed a court action seeking to restrain the alleged infringement, Tzulo will restore the removed material, or re-enable access to it, at the earliest time the statute permits: no sooner than 10 and no later than 14 business days after receipt of the counter-notification. Tzulo does not extend removal or disabling of material beyond the period the law requires, and a claim answered by a counter-notification is not treated as an infringement for purposes of this policy under 17 U.S.C. § 512(i) unless the complaining party pursues the claim in court and prevails.

VPN Service Providers

Tzulo permits its customers to operate virtual private network ("VPN") services on Tzulo infrastructure, including publicly available and anonymous VPN services. Tzulo does not require a VPN operator to log, retain, or disclose records identifying the operator's end users.

Tzulo provides transit to customer-operated VPN services on the same terms as to any other customer traffic. Tzulo does not, in the ordinary course, inhibit that transit or block ports or IP addresses with respect to individual end users of a VPN service, because the traffic of one end user cannot be distinguished from that of another. Tzulo does not, in the ordinary course of business, create or retain records associating VPN service traffic with individual end users.

Notwithstanding the section titled “Response to Valid Notices,” where a notification of claimed infringement, an abuse complaint, or another inquiry concerns traffic attributable to a customer-operated VPN service, Tzulo's ordinary practice is to provide the complaining party with the VPN operator's designated abuse contact information, or to forward the inquiry to the operator. Tzulo is unable to act on such an inquiry in any manner narrower than the customer's service as a whole, and the conduct of a VPN operator's end users is not, without more, attributed to the operator as the operator's own conduct, absent evidence that the operator induces, materially contributes to, or knowingly facilitates that conduct. A VPN operator remains responsible for maintaining a working abuse contact and remains subject to the Acceptable Use Policy with respect to its own conduct, and to the VPN Service Provider Terms set out in the Terms and Conditions.

Tzulo responds to valid legal process. Absent an order compelling otherwise, the records available for production are limited to Tzulo's business records concerning its own customer, the VPN operator.

Misrepresentation Liability

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer, the copyright owner, or Tzulo.

Tzulo regards misrepresentation with equal seriousness whether it appears in a notice or in a counter-notification. Correspondence from senders with a record of false, abusive, or reflexively bulk-generated claims may be deprioritized or disregarded to the extent the law allows, and Tzulo reserves the right to pursue its own costs against bad-faith complainants and to support affected customers in pursuing theirs.

Law Enforcement Requests

This section is intended for law enforcement agencies and other governmental authorities. It is not a channel for sales, billing, general support, or abuse complaints from members of the public, which should be directed to the contacts identified elsewhere in these terms. The email address thelaw@tzulo.com is reserved for law enforcement agencies and legal process; requests of any other kind sent to that address will not be monitored or answered.

Law enforcement agencies seeking records or expedited assistance with abuse matters may contact Tzulo’s law enforcement response contact at thelaw@tzulo.com or by telephone at 847-847-2048. To help us route and respond promptly, a request should identify the requesting agency and officer, the legal authority relied upon, and the specific IP address, account, or timeframe at issue.

Subpoenas, court orders, search warrants, and other legal process should be directed to Tzulo at the mailing address set out in the Notices section of the Terms and Conditions and to thelaw@tzulo.com. Tzulo responds to valid legal process in accordance with applicable law; as described elsewhere in these terms, the records available for production are limited to those within Tzulo’s possession, custody, or control.

In exigent circumstances involving an imminent risk of death or serious physical injury to any person, a law enforcement agency may contact Tzulo at thelaw@tzulo.com or 847-847-2048 and identify the matter as an emergency disclosure request, and Tzulo may voluntarily provide information to the extent permitted by law.

PRIVACY POLICY — Last revised: August 20, 2026

Effective date: July 29, 2026.

Tzulo, Inc. ("Tzulo," "we," "us") provides colocation, dedicated servers, and network services. We collect only the information necessary to establish and maintain customer accounts, deliver and bill for the services, and operate and secure our network. Tzulo does not operate advertising networks, does not sell or share personal information for advertising purposes, and does not purchase personal information about its customers from any source, other than credit reports obtained in connection with assessing creditworthiness as provided in the Terms and Conditions. This policy describes the information we collect, how we use it, and the rights available to you.

Information We Collect

We collect only the following categories of information:

• Account contact information — name, company, email address, mailing address, and phone number, provided by you when you open or update an account.
• Billing records and payment method details — invoices, payment history, and the payment method on file. Card data is handled by our payment processors and is not stored on Tzulo systems.
• Service and usage records — the IP addresses assigned to your services, bandwidth accounting, and support ticket contents, generated in the ordinary course of providing service.
• Website operational data — standard web server logs (IP address, user agent, pages requested) and functional cookies used to maintain login sessions and operate the shopping cart.
• Facility security records — visitor identity verification and video surveillance recordings collected at Tzulo data centers, as described in the Data Center Rules.

Categories of Information Not Collected

We do not collect demographic information (household income, age, education, gender, or interests). We do not purchase marketing data about you from third parties. We do not use third-party advertising cookies or web beacons on our site. Email communications from Tzulo are limited to transactional messages and service notices, including invoices, maintenance alerts, abuse and support correspondence, and legally required notices.

How We Use Your Information

• To provision, operate, and support the services you order
• To bill you and process payments
• To administer your account and respond to support requests
• To operate and secure our network, including investigation of abuse, fraud, and security incidents
• To comply with legal obligations

Payment Processors

Payment details are handled by the processor you select, and each processor's own privacy policy governs the information you provide to it. No raw card numbers are stored on Tzulo systems.

• Card payments are processed by our payment gateway (Stripe); card data is transmitted to the gateway and is not received by Tzulo.
• PayPal payments are processed on PayPal's site and are governed by PayPal's privacy policy.
• Bank transfer / ACH payments are processed through our bank in accordance with standard banking rules.
• Cryptocurrency payments are processed by the cryptocurrency payment processor and are governed by that processor's terms.

Data Sharing

We do not sell your personal information. We disclose personal information only in the following circumstances:

• Service providers — to companies that support our business operations (such as payment processors or shipping carriers), strictly to the extent necessary for them to perform those services on our behalf.
• Legal compliance — in response to a subpoena, court order, or other lawful request from a competent authority.
• Abuse handling — evidence relating to network abuse (for example, botnet activity, DMCA complaints, or fraud) may be provided to the relevant parties as part of investigating and resolving the matter.
• With your consent — to any other third party at your direction or with your prior agreement.

Your Privacy Rights

GDPR — Customers in the EEA and United Kingdom

Where the EU or UK General Data Protection Regulation applies, we process your personal data on the following lawful bases: performance of our contract with you, our legitimate interests in operating and securing our services, and compliance with legal obligations. You have the right to access your personal data, to have it rectified or erased, to restrict or object to its processing, and to receive it in a portable format. You also have the right to lodge a complaint with your local supervisory authority. Our services are operated from facilities in the United States and Canada, and your data is processed in those jurisdictions; it is protected as described in this policy regardless of where it is processed. To exercise any of these rights, contact legal@tzulo.com.

CCPA/CPRA — California Residents

The categories of personal information we collect are identifiers (name, email, address, phone, IP addresses), commercial information (billing and payment records), and internet activity (server logs and service usage records). We do not sell your personal information and we do not share it for cross-context behavioral advertising; accordingly, no "Do Not Sell or Share" opt-out is required. You have the right to know what personal information we hold about you, to request its deletion or correction, and to be free from discrimination for exercising these rights. Submit requests to legal@tzulo.com; we will verify your identity before acting on a request.

PIPEDA — Canada

Tzulo operates facilities in Canada and acknowledges the principles of the Personal Information Protection and Electronic Documents Act, including meaningful consent, and your rights to access and correct the personal information we hold about you. Requests may be submitted to legal@tzulo.com.

Data Retention

We retain your information for as long as your account remains active, and thereafter only as required for legal, tax, and dispute-resolution purposes. Upon a verified deletion request, we delete personal information that is not subject to a legal hold or retention requirement.

Security

We employ industry-standard measures to protect the personal information submitted to us, both in transit and at rest. No method of transmission over the Internet or method of electronic storage is completely secure, and we therefore cannot guarantee absolute security.

Changes to This Policy

If we make material changes to this policy, we will notify you by email (to the address on your account) or by a notice on this site, with at least 30 days notice before the change takes effect where practicable.

Contact

Questions concerning this policy, and requests to exercise your privacy rights, may be directed to legal@tzulo.com.

© 2026 Tzulo, Inc.

DATA CENTER RULES AND COLOCATION POLICY — Last revised: August 21, 2026

In addition to the Tzulo Services Agreement and the Remote Hands Services provisions below, customers and their representatives are bound by the following rules and regulations regarding the use of the Tzulo Data Center (DC). Customer is responsible for following and ensuring its agents and representatives follow these Data Center Rules and Regulations concerning use of and access to the Tzulo Data Center. Tzulo reserves the right to suspend service immediately and, subject to the notice and cure provisions of the Terms and Conditions except for violations expressly identified in these Rules as grounds for immediate termination, to terminate service if Customer or Customer’s representative violates the Rules and Regulations set forth below.

Access to Data Center

The Tzulo Data Center has a restricted access policy. Only those individuals identified in writing by Tzulo or by Customer on its Customer Registration Form may have escorted access to the DC. Tzulo requires photo identification for access verification. Upon entry, Customer or its Representatives will be issued a badge which they will wear at all times when in the DC.

Customer shall deliver prior written notice to Tzulo of any changes to the list of authorized representatives. Customer and its authorized representatives recognize that Tzulo shall not allow any other persons to have access to or enter the DC. Customer and its authorized representatives may only access that portion of the DC made available by Tzulo to Customer (Customer Area) for the placement of and service to Customer Equipment and use of the DC Services. Customer must obtain the proper authorization by Tzulo and be accompanied by a Tzulo representative prior to accessing any other area within the DC. Failure to do so may result in immediate termination of Customer’s services. In addition, Customer agrees to observe and follow all of the then current Building Rules and Regulations or other rules, policies and procedures of the DC.

Colocation Equipment

All Customer equipment is to be labeled by the client with their contact information. A record of all equipment and shipment tracking is the responsibility of the customer. Equipment sent in without rails or proper supports will not be racked; customer will need to buy rails from Tzulo. All equipment must conform to data center standards for airflow direction, and safety standards for power.

Bandwidth

Bandwidth, port speeds, and any usage commitments are as stated in the Customer's service order. These Rules and Regulations do not include or imply any bandwidth allowance.

Equipment Removal, Abandonment, and Lien

All Customer equipment must be removed from the data center within 30 days after cancellation or termination of service. Tzulo holds a lien on any Customer equipment remaining in the facility for all unpaid amounts owed to Tzulo.

Equipment left unclaimed 30 days after termination is deemed abandoned. Before disposing of abandoned equipment, Tzulo will send written notice to the Customer's last known address and allow a further 15-day cure window for the Customer to pay outstanding balances and retrieve the equipment. If the equipment remains unclaimed after that window, Tzulo may sell or otherwise dispose of it in a commercially reasonable manner and apply the proceeds to the Customer's outstanding balances, with any surplus returned to the Customer. The removal period and the abandonment clock are tolled during any period in which Tzulo restricts Customer's access to the equipment under Section 9.4 of the Terms and Conditions, and run from the date the equipment is made available for retrieval.

Insurance

Colocation customers must carry commercial general liability insurance of at least $1,000,000 per occurrence, and property insurance covering their own equipment in the facility. Certificates of insurance must be provided to Tzulo on request. Tzulo is not the insurer of Customer equipment; Customer equipment remains in the facility at the Customer's risk.

Holdover

If Customer equipment remains in the facility after termination of service without a written agreement, the Customer will pay a holdover fee of 150% of the monthly fee, on a month-to-month basis, until the equipment is removed. Holdover fees cease accruing on the date equipment is deemed abandoned or is disposed of; accrued holdover fees are included in the outstanding balances satisfied from any disposal proceeds.

Tzulo Scheduled Maintenance Activity

TZULO performs routine, scheduled maintenance at its DC and will provide maintenance alerts via email to all affected Customers at least 24 hours in advance of the scheduled maintenance. Emergency maintenance issues will result in no notification to customers. During this scheduled maintenance and also during emergency maintenance, Customer Equipment may be unable to transmit or receive data, and Customers may be unable to access their equipment. Customers agree to cooperate with TZULO during these maintenance periods.

Customer Installations / Maintenance Activity

Notice for any new installation of Customer Equipment is governed by the connect/disconnect notice and confirmation rule set forth under Permitted Use of DC. If Customer requires Tzulo support for installation or maintenance, a time and material charge shall be invoiced to Customer at TZULO's then current rates. Tzulo requires a minimum of 24 hours prior written notice to schedule a mutually agreed upon time for Customer-requested maintenance that requires Tzulo support. TZULO requires prior written notice of no less than 1 hour in order to schedule a mutually agreed upon time for Customer emergency visits that require Tzulo support.

DC Restrictions

Customer or its Representatives may not move any cabinets or equipment within the DC without prior written authorization from Tzulo. No item that could damage or interfere with the operation of the DC or any of the equipment therein is permitted inside the DC. Bringing any such item into the DC may result in permanent expulsion from all TZULO facilities. Such items include but are not limited to:

• Uninterruptible Power Supply systems not provided by TZULO or without express prior approval from TZULO
• Climate-control devices
• Electro-magnetic devices
• Photography or recording equipment used without prior written authorization from Tzulo (exclusive of tape/digital backup equipment) — see Photography and Recording below
• Food or liquids
• Chemicals, explosives, solvents, cleaners or paints
• Paper, cardboard, Styrofoam or other flammable materials
• Weapons or other inherently dangerous instruments

If you have a question regarding items that may be brought into the DC, please check with a Tzulo representative.

Photography and Recording

No photography or recording is permitted inside the data center without prior written authorization from Tzulo. Phones are permitted inside the DC, but their cameras may not be used there.

Video Surveillance

Tzulo facilities are monitored and recorded 24/7 for security, safety, and legal purposes. Footage is retained per Tzulo's internal retention policy and is shared only with law enforcement or as otherwise legally required. By entering a Tzulo facility, visitors consent to security recording.

Customer Area

Customers are responsible for maintaining their own cage or cabinet areas clean and locked after their escorted access. Customers are to utilize the space allocated to them only for the placement and maintenance of equipment and the use of DC services.

Permitted Use of DC

Customer shall not use the DC, or allow access to or use of either, except in accordance with the terms contained herein and in the Services Agreement. In its use of the DC, Customer shall not interfere with TZULO or other customers or tenants. Customer shall not connect the equipment to any other customers’ colocated equipment without the express written consent of TZULO. Except as provided in writing, the Equipment shall remain the sole property of Customer. Customer expressly disclaims any right, title, or interest in or to any of Tzulo’s equipment or property, or Tzulo’s customers, or agents, whether located in the DC or elsewhere.

Tzulo may relocate all or part of Customer Equipment within the DC. Following receipt of such notice, Customer shall cooperate with Tzulo in relocating its equipment to the newly designated Customer Area within the DC. Tzulo shall incur all costs involved in physically moving the equipment for such relocation of Customer Equipment.

Customer shall use the DC according to the DC Rules and Regulations solely for the purpose of installing, maintaining and utilizing its equipment and for interconnecting the Customer Equipment to Tzulo’s Services, pursuant to the terms of the Services Agreement with Tzulo, and for no other purpose.

• The operation of Customer Equipment must at all times comply with manufacturer’s specifications, including all power requirements.
• Faulty power supplies or other faulty Customer Equipment must be replaced by the customer within 24 hours of notification from Tzulo. Once Tzulo has notified a Customer of faulty equipment, Tzulo will be authorized to disconnect such equipment as necessary.
• Customers may not exceed power limits engineered by Tzulo, as set forth in their contracts, or violate current state and local fire codes. Current power limits are not to exceed 80% of total circuit load per each individual circuit.
• It is Customer's sole responsibility to comply with current power limits set at 80% of total circuit load per each individual circuit.
• Tzulo will conduct periodic power audits to ensure Customers stay within 80% of total circuit load per each individual circuit. If Customers are found to be in excess of current power limits described above, Tzulo will impose a penalty of $250.00 per circuit, per incident, and the additional amperage will be billed at the then current AC Power rates as set forth by Tzulo.
• If Customers overload their circuit(s) resulting in a tripped breaker(s), Tzulo will impose a tripped breaker fee of $500.00 per incident, per breaker.
• Customers are not allowed to daisy chain any power strips. Customers caught daisy-chaining power strips will be notified by Tzulo and will have 24 hours to disconnect the daisy-chained power strips. If the power strips have not been removed by the Customer within the 24 hour period, Tzulo will then disconnect the daisy-chained power strips and remove them from the DC.
• Customers may choose to install dual power feeds for back-up purposes; however they may not draw from the same feeds simultaneously.
• Customer shall not make any construction changes or material alterations to the interior or exterior portions of the DC or the Customer Area, including any cabling or power supplies for its equipment. Any changes or work needs to be performed by Tzulo at Customer’s expense.
• Customer shall not connect/cross-connect their equipment to any other Customers’ colocated equipment without the express written consent of Tzulo.
• All connections to and from Customer Equipment must be clearly labeled. Each piece of equipment installed in the DC must be clearly labeled on the front and back sides with Customer's name (or code name provided in writing to Tzulo or issued by Tzulo) and individual component identification.
• Customer may not store more than two pieces of equipment per shelf.
• Customer is responsible for removing all of their trash from the DC. Failure to do so will result in Tzulo assessing the Customer with the current hourly Remote Hands fee (one hour total) to remove the trash for Customer.
• Customer is responsible for all Customer Equipment.
• Customer Equipment must be configured and run at all times in compliance with the manufacturer's specifications, including power outlet, power consumption and clearance requirements.
• Customer may connect or disconnect Customer Equipment only after providing at least 48 hours' notice (Tzulo will use best efforts to accommodate shorter windows; a minimum of one (1) hour's written notice applies to new installations and emergencies) and receiving confirmation from an authorized Tzulo representative; written confirmation of the scheduled work constitutes the required pre-approval.
• Customer shall not place any hardware or other equipment in the DC that has not been identified in writing to Tzulo.
• Customer is not allowed to store any equipment outside of their cabinet or cage. Customer may not store anything on top of cabinets, next to cabinets, or within the common areas of the DC. Equipment/items found outside of cabinets or cages will be confiscated by Tzulo and Customer will be fined $250 for each piece of equipment/items confiscated.
• Customers are forbidden to connect or disconnect any Customer Equipment or Tzulo-owned equipment except in accordance with the notice and confirmation rule stated above.
• Customers need to have a Property Removal Pass filled out by a Tzulo representative in order to remove any equipment from the DC. Failure to have a Property Removal Pass filled out will result in Customers not being able to remove their equipment from the DC, no exceptions.
• Tzulo may provide dumb terminals, monitors, monitor cables, keyboards, extension cables and the like, as available, for temporary customer use to connect to their equipment. This equipment is available on an "as is" basis, without any implied or written warranties.
• Customers must sign out such equipment from a Tzulo DC representative and acknowledge that use of this equipment is at their own risk.
• Customer Equipment must be installed so that rear-facing exhaust fans blow out the backs of the equipment cabinets and follow existing hot/cold aisle specifications.
• Cryptocurrency mining equipment (including ASICs) requires prior written approval, which Tzulo may grant or refuse in its sole discretion, for power and thermal reasons.

DC Conduct

Customers and their Representatives may not:

• Misuse or abuse any equipment owned or operated by Tzulo.
• Make any unauthorized use of, or interfere with, any property or equipment owned or operated by any Tzulo customer.
• Conduct themselves in an unprofessional manner or behave in an offensive way toward any individual, including Tzulo personnel and any other customer representatives on site.
• Smoke in the DC or the building. Smoking is allowed outside in authorized areas.
• Enter any cabinets, cages, or restricted areas within the DC other than the Customer's own Customer Area. Customers caught entering cabinets or cages that are not theirs, or restricted areas within the DC, will be fined $250 and/or will be permanently expelled from the DC and prosecuted to the fullest extent of the law.
• Violate any laws or engage in any criminal activity while on Tzulo property or within the DC facility. Misconduct will result in permanent expulsion from all Tzulo facilities and/or prosecution to the fullest extent of the law.
• Violate the Tzulo Acceptable Use Policy, an updated version of which may be found on the Tzulo Web site, of which a current copy has been given to Customer.

Acceptable Use Policy

The Tzulo Acceptable Use Policy (AUP) is designed to help protect Tzulo, Tzulo Customers and the Internet community in general from irresponsible, inappropriate or, in some cases, illegal activities. It is the Customer’s responsibility to abide by the rules and regulations set forth in the Tzulo AUP. A current hard copy of this policy has been provided to Customer.

Modification of the DC Rules and Regulations

Tzulo may modify, add to, or remove from these Rules and Regulations upon 30 days notice to its customers. Notice will be given by email to the address on the Customer's account, with the current version also posted on the Tzulo Web site. Continued use of Tzulo facilities after the notice period will constitute the customer’s acceptance of the most up-to-date version of the Tzulo Rules and Regulations. The current version may be found on the Tzulo Web site, and it is the Customer’s responsibility to review it. I have read the Tzulo Data Center Rules and Regulations Form and will abide by all of the Rules and Regulations at all times while in the DC. I will also be responsible for making sure all my authorized representatives (i.e., employees, vendors, technicians, guests, etc.) who enter the DC are aware of and abide by these Rules and Regulations. I understand that violating these Rules and Regulations may result in fines being assessed to me/my Company as well as being permanently banned from the DC.

Remote Hands Services

Standard Remote Hands Services (billed at $175/hr, in 30-minute increments) include:

• Pushing a button, toggling a switch or setting an externally accessible dip-switch.
• Rebooting or power cycling of equipment.
• Assisting customer with physically installing, relocating, or movement of equipment.
• Reading off readily viewable serial numbers on equipment to customer.
• Providing visual verification (remote eyes) to assist customer's remote troubleshooting efforts.
• Relaying status of equipment status indicators or typing simple commands on a pre-installed console.
• Swapping of pre-labeled, pre-ejected, removable media (tapes, CDs, DVDs, etc.)
• Plugging in a console port for remote management by customer.
• Moving or securing a single cable.
• Replacing or verifying connectivity integrity of Tzulo provided cross-connects.
• Moving or securing cables or customer-side cross-connects.
• Verifying a demarcation label.
• Basic troubleshooting of customer equipment including the attachment of a crash cart to customer equipment.
• Inventorying a customer's equipment or when possible, taking digital pictures of equipment or co-location space.
• Labeling equipment and cable connections.
• Shipping and handling RMA equipment.
• Installing, replacing/removing equipment components (e.g. router/switch, internal module or card, disk drive, memory, etc.) that are hot-swappable and/or highly modular in design.
• Installing or swapping pre-configured equipment or components.
• Installing customer provided software with default configurations or specific and basic customer-provided instructions.
• Establishing or taking down a loop-back on a carrier circuit to assist in remote testing.
• Diagnostic and signal testing a circuit with diagnostic equipment.
• Advanced systems or network configuration or troubleshooting (e.g. advanced systems or network protocols and services).
• Advanced operating system or applications troubleshooting.
• Installation, configuration, or troubleshooting of specialized or complex infrastructure components or software applications (e.g. Operating Systems, Oracle RDBMS, RAID solutions, Fibre-channel devices, firewalls, load-balancers, etc.)
• Full deployment of delivered infrastructure, including hardware, software, middleware, and related components.

Items beyond standard scope are quoted individually via sales@tzulo.com.

Customers who anticipate exceeding the above stated Remote Hands Services limits or wish to implement a custom Remote Hands Services solution are asked to contact the Tzulo Sales Department at sales@tzulo.com or 888-myTZULO (+1-888-698-9856). Remote Hands Services are billed at $175/hr, in 30-minute increments. Rates are subject to change.