Colocation Agreement

Version 2026-11-06.3

This Colocation Agreement is between ELOX LLC ("Provider") and the business named on the order form ("Customer"). It takes effect when Customer accepts it on the order form. The order form, including the plan, services and prices shown on it (the "Order"), is part of this Agreement.

1. Services and facility

Provider will supply the rack space, power, network and other services listed on the Order (the "Services") at TriTech Center, 3rd Floor Data Center, 331 2nd Ave S, Minneapolis, MN 55401 (the "Facility"). Provider may move Customer to other space within the Facility with reasonable notice. Customer receives a right to use the space, not a lease or other interest in real property.

2. Term and renewal

The initial term is the length shown on the Order, or 12 months if none is shown. It starts on the day Provider confirms that Customer's equipment is installed, powered and connected (the "Go-Live Date"). This Agreement then renews for further 12-month terms unless either party gives written notice at least 60 days before the current term ends.

If the Order is month to month, there is no fixed term. Services start on the Go-Live Date and continue month to month until either party ends them with 30 days' written notice.

If the Go-Live Date has not occurred within 60 days after the Order, and the delay is not caused by Customer, either party may cancel by written notice and Provider will refund all amounts paid for Services not yet provided.

3. Fees and payment

First payment. Customer pays the first month's rent when placing the Order. It covers the first month after the Go-Live Date. "Rent" means the fixed monthly fees on the Order, not metered power or one-time fees.

Monthly rent. After the first month, rent is invoiced monthly in advance.

Power. Power is metered on actual use and invoiced monthly after use at $0.11 per kWh. That rate is locked for the term. Estimates on the Order are not a cap or a commitment.

Other charges. Bandwidth above the package on the Order is $0.75 per Mbps at the 95th percentile. Setup and equipment intake fees on the Order are billed on the first invoice. Freight is billed at cost. Remote hands beyond the included 30 minutes a month are $95 an hour in 15-minute increments.

Due dates. Invoices are due within 15 days. Customer authorizes Provider to charge the payment method on file for amounts due. Overdue amounts accrue interest at 1.5% a month or the highest rate the law allows, whichever is lower. Fees do not include taxes, which Customer pays, other than taxes on Provider's income.

Prices. Prices do not increase during the initial term. On renewal, Provider may increase them by up to 3% with at least 60 days' written notice. On a month-to-month Order, space and network fees are 15% above the listed price, and Provider may change prices with 30 days' written notice.

4. Early termination

If Customer ends this Agreement before the end of a term, other than under Section 11, Customer owes the remaining space and network fees for that term. Customer does not owe power for any period after it stops using the Services. This Section does not apply to a month-to-month Order, where Customer owes fees only through the 30-day notice period.

5. Customer equipment

Customer keeps ownership of its equipment and is responsible for insuring it while it is at the Facility. Customer's equipment must stay within the circuit and space on the Order and must be safe to operate in a data center. Provider will rack, cable and power equipment as the Order describes, and ships equipment insured when the Order includes shipping. If Customer ships equipment to the Facility itself, Customer arranges and pays for that shipping and bears the risk of loss until Provider receives the equipment.

When this Agreement ends, Customer will remove its equipment within 30 days, or Provider will pack and ship it insured to a drop-off location in any city Provider serves or to Customer's address for $149 per server plus freight at cost. Provider will not hold equipment as security for unpaid fees. If Customer does not respond within 90 days after written notice that equipment must be collected, Provider may treat it as abandoned and dispose of it.

6. Access and remote hands

Customer may visit the Facility by appointment and must follow its safety and security rules. The Services include 30 minutes of remote hands a month. Unused time does not carry over.

7. Acceptable use

Customer will use the Services lawfully and will not use them to send unsolicited bulk email, attack or scan other networks without permission, or host unlawful content. Customer is responsible for anyone it gives access to its equipment or network.

8. Service levels

Provider commits to 100% network availability, and to 100% power availability on plans with A+B power. If Provider misses a commitment, Customer receives a credit of 1/30 of the monthly fee for the affected Service for each full hour of outage, up to one month's fee for that Service. Customer must request a credit within 30 days after the outage.

Credits do not apply to scheduled maintenance announced at least 5 days ahead, to problems caused by Customer or its equipment, or to events covered by Section 13. Credits are Customer's only remedy for an outage, apart from its right to terminate under Section 11.

9. Customer data and security

Customer controls its systems and data, and is responsible for securing and backing them up unless the Order includes managed backup. Provider will not access Customer's data except at Customer's request or as the law requires.

10. Suspension

Provider may suspend Services if an invoice is more than 30 days overdue, after 5 days' written notice. Provider may also suspend Services immediately if needed to address a security threat, a safety risk or a legal requirement, and will restore them promptly once the problem is resolved.

11. Termination for cause

Either party may terminate this Agreement by written notice if the other materially breaches it and does not cure the breach within 30 days after written notice. If Customer terminates under this Section, it owes no fees for the rest of the term.

12. Limits of liability and indemnity

EXCEPT AS THIS AGREEMENT STATES, THE SERVICES ARE PROVIDED WITHOUT OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS OR LOST DATA. EACH PARTY'S TOTAL LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE FEES PAID OR DUE FOR THE 12 MONTHS BEFORE THE CLAIM AROSE.

These limits do not apply to fraud, willful misconduct, Customer's obligation to pay fees, or anything else the law does not allow a party to limit. Customer will defend and indemnify Provider against third-party claims arising from Customer's equipment, data or breach of Section 7.

13. Events beyond a party's control

Neither party is liable for a delay or failure caused by events beyond its reasonable control, such as natural disasters, utility or carrier failures, war, or government action. This does not excuse an obligation to pay fees for Services actually provided.

14. Governing law

This Agreement is governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules.

15. General

This Agreement is the parties' entire agreement on its subject and may be changed only in writing accepted by both parties. Neither party may assign it without the other's written consent, except to an affiliate or a successor to its business. If a provision cannot be enforced, the rest stays in effect. Electronic acceptance has the same effect as a handwritten signature.

Notices must be in writing. Notices to Provider go to ELOX LLC, TriTech Center, 3rd Floor Data Center, 331 2nd Ave S, Minneapolis, MN 55401, or by email to scott@expansive.com. Notices to Customer go to the address or email on the Order.