This agreement between Provdotnet, LLC®, a Rhode Island limited liability company
(“Provdotnet, LLC “), and you (“You,” “Your” or “Customer”) consists of (a) these Terms of
Service, (b) the Additional Terms (as defined below) and (c) any Provdotnet, LLC ‘s Alpha3
Cloud Order Form (as defined below), if applicable (collectively, this “Agreement”). This
Agreement governs Your use of the Alpha3 Cloud Services (as defined below).
BY EXECUTING AN ALPHA3 CLOUD ORDER FORM, CREATING AN ACCOUNT (AS DEFINED
BELOW), USING ALPHA3 CLOUD SERVICES OR OTHERWISE INDICATING YOUR ACCEPTANCE
OF THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE
LAWFULLY ABLE TO ENTER INTO THIS AGREEMENT, HAVE READ THIS AGREEMENT AND ARE
BOUND BY THIS AGREEMENT, AND YOU HEREBY AGREE TO THE TERMS OF THIS
AGREEMENT. IF YOU ARE AN INDIVIDUAL ENTERING INTO THIS AGREEMENT ON BEHALF OF
A COMPANY OR OTHER LEGAL ENTITY, YOU HEREBY REPRESENT AND WARRANT TO ALPHA3
CLOUD THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF
CUSTOMER AND BIND CUSTOMER TO THE TERMS AND CONDITIONS CONTAINED IN THIS
AGREEMENT, IN WHICH CASE, THE TERM “CUSTOMER” WILL REFER TO SUCH ENTITY. IF
YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT OR ARE NOT
AN AUTHORIZED AGENT FOR CUSTOMER, DO NOT EXECUTE AN ALPHA3 CLOUD ORDER
FORM, CREATE AN ACCOUNT OR OTHERWISE USE THE ALPHA3 CLOUD SERVICES.
Customer may gain access to the Alpha3 Cloud Services by (a) executing an Alpha3 Cloud
Order Form or (b) creating an online account here (an “Account”), which may include and
/or requires clicking a box indicating Customer’s acceptance of this Agreement. If
Customer elects to purchase access to the Alpha3 Cloud Services through Customer’s
Account, Customer will, among other things, select the following from the options
presented: (i) the applicable Alpha3 Cloud Services; (ii) the Service Term (as defined
below); and (iii) a payment plan and method.
Provdotnet, LLC reserves the right, at any time and from time to time, to update, revise,
supplement, and otherwise modify this Agreement (including the Additional Terms) and to
impose new or additional rules, policies, terms, or conditions on Your use of the Alpha3
Cloud Services. Provdotnet, LLC will communicate changes to this Agreement by posting
the new version of this Agreement on its website here or as otherwise determined by
Provdotnet, LLC in its sole discretion, at which time such updated Agreement will be
immediately effective. Your continued use of any Alpha3 Cloud Services after such
notification of changes to this Agreement will constitute Your acceptance of any and all
such changes. Notwithstanding the foregoing, Alpha3 Cloud will notify You of any material
changes to this Agreement.

1. DEFINITIONS
a. “Additional Terms” means the Service Specific Terms, the Support Policies, the Data
Processing Agreement, the Privacy Policy, the Third Party Terms and any other terms
and conditions disclosed to Customer in an Alpha3 Cloud Order Form, if applicable,
through Customer’s Account or in connection with accessing any Alpha3 Cloud Services,
each of which are hereby incorporated by reference.
b. “Applicable Law” means all applicable laws, regulations, ordinances, rules, codes and
orders of governmental authorities having jurisdiction over Alpha3 Cloud and Customer.
c. “Content Data” means all applications, files, data, information or other content
uploaded to or published, displayed or backed up through the Alpha3 Cloud Services by
Customers, Users or Alpha3 Cloud (when acting upon Customer’s instructions as part of
an Alpha3 Cloud Service), excluding Usage Data.
d. “Documentation” means written, published information accessible here as updated
from time to time.
e. “Fees” means the prices Customer agrees to pay to access and use the Alpha3 Cloud
Services inclusive of any discounts or promotional pricing provided.
f. “Infringement Claim” means any third party claim that the use by Customer solely of
the Alpha3 Cloud Services, as used as contemplated in this Agreement, infringes any
patent, trademark or copyright of a third party, or misappropriates a trade secret (but
only to the extent that the misappropriation is not a result of Customer’s actions) under
the laws of the United States.
g. “Intellectual Property Rights” means copyrights (including, without limitation, the
exclusive right to use, reproduce, modify, distribute, publicly display and publicly
perform the copyrighted work), trademark rights (including, without limitation, trade
names, trademarks, service marks, and trade dress), patent rights (including, without
limitation, the exclusive right to make, use and sell), trade secrets, moral rights, right of
publicity, authors’ rights, contract and licensing rights, goodwill and all other
intellectual property rights as may exist now and/or hereafter come into existence and
all renewals and extensions thereof, regardless of whether such rights arise under the
law of the United States or any other state, country or jurisdiction.
h. “Login Credentials” means any user IDs, passwords, authentication keys or security
credentials that enable Customer’s access to and management of the Alpha3 Cloud
Services.
i. “Alpha3 Cloud Order Form” means a written ordering document executed by an
authorized representative of each of Alpha3 Cloud and Customer that incorporates these
Terms of Service by reference. The Alpha3 Cloud Order Form will specify the Alpha3
Cloud Services that Customer is purchasing, payment obligations related thereto and
the duration of the Service Term.
j. ” Provdotnet, LLC Partner” means a third party reseller or distributor authorized by
Alpha3 Cloud to s Provdotnet, LLC ell Alpha3 Cloud Services.
k. “Alpha3 Cloud Services” means Alpha3 Cloud’s services, a current list of which is
located here.
l. “Service Specific Terms” means the additional terms that govern specific Alpha3 Cloud
Services, which are located here.
m. “Service Term” means the Initial Service Term (as defined below) plus any Renewal
Term(s) (as defined below).
n. “Support” means the support services provided by or on behalf of Provdotnet, LLC for
the applicable Alpha3 Cloud Services purchased by Customer pursuant to an Alpha3
Cloud Order Form or through Customer’s Account, which are described in the Support
Policies.
o. “Support Policies” means the statement of support, service level agreements and any
other support policies for Alpha3 Cloud Services located here.
p. “Third Party Product” means any non- Provdotnet, LLC -branded products and services
(including hardware) and non-Alpha3 Cloud-licensed software products.
q. “Updates” means any updates, enhancements, modifications, improvements, patches
and/or upgrades to any Alpha3 Cloud Services that Provdotnet, LLC generally makes
available to its customers for no additional charge.
r. “Usage Data” means any and all information reflecting the access or use of the Alpha3
Cloud Services by or on behalf of Users, including, but not limited to, visit-, session-, or
stream-data and any statistical or other analysis, information or data based on or
derived from any of the foregoing.
s. “Users” means any users that access Your content or that use the Alpha3 Cloud Services
under Customer’s Login Credentials.

2. ACCESS TO ALPHA3 CLOUD SERVICES
a. EVALUATION. If You access the Alpha3 Cloud Services on an evaluation or beta basis (the
“Evaluation Service”), then You may use the Evaluation Service only for evaluation
purposes and for a period of thirty (30) calendar days, beginning on the date Provdotnet,
LLC provides Customer with Login Credentials, unless otherwise specified in writing by
Alpha3 Cloud (the “Evaluation Period”). Notwithstanding any other provision of this
Agreement, Provdotnet, LLC provides the Evaluation Service (i) free of charge and
without Support and (ii) “AS IS” without indemnification or warranty of any kind but
without prejudice to the statutory rights of consumers based in the EU. The Support
Policies do not apply to the Evaluation Service. Also, certain features or services
described in the Service Specific Terms may not be available for the Evaluation Service.
Continued use of the Alpha3 Cloud Services after the Evaluation Period requires that
Customer (A) register for the applicable Alpha3 Cloud Services through Customer’s
Account or by executing an Alpha3 Cloud Order Form and (B) submit the applicable
payment. Upon expiration of the Evaluation Period, You will not have access to the
Evaluation Service or to any Content Data therein.
b. ACCESS TO ALPHA3 CLOUD SERVICES. Customer may access and use the Alpha3 Cloud
Services for which it has registered (via an Alpha3 Cloud Order Form or through
Customer’s Account) solely for its own benefit and only in accordance with this
Agreement. As a condition to using the Alpha3 Cloud Services, Customer must set up an
authorized Account with Login Credentials. Customer will provide accurate and
complete information in its Account and will update its information as necessary to keep
it current. For purposes of fraud prevention, Alpha3 Cloud may require Customer to
provide documentation verifying their identity and payment information. Failure to
provide accurate information in response to such a request will result in the cancellation
of Customer’s order(s) and immediate termination of Customer’s Account. Customer
may manage its Account through the Alpha3 Cloud portal available here. Customer is
solely responsible for the security of its and its Users’ Login Credentials. Customer will
ensure that its Users do not share Login Credentials with others. Customer is responsible
for any use that occurs under its Login Credentials, including any activities by Users. If
Customer believes an unauthorized person has gained access to Login Credentials,
Customer will notify Provdotnet, LLC as soon as possible by contacting Customer
Support via chat, phone or by email directed at support@prov.net. Customer will ensure
that Users comply with all terms and conditions of this Agreement and Customer
remains responsible and liable for the acts and omissions of the Users. If Customer
becomes aware of any violation by any User, Customer will immediately terminate that
User’s access to Content Data.
c. UPDATES TO ALPHA3 CLOUD SERVICES. Provdotnet, LLC may change the Alpha3 Cloud
Services at any time, and may add, modify or discontinue references, ranges, options or
features, as well as upgrade performance of Alpha3 Cloud Services. Notwithstanding the
foregoing, modifications to Third Party Products and urgent changes to the Alpha3 Cloud
Services in response to security risks, or legal or regulatory compliance updates may
result in immediate modifications to the Alpha3 Cloud Services. In the case of an update
that substantially degrades existing Alpha3 Cloud Services in use by Customer (removal
of functionality, performance downgrade, etc.), Customer may terminate the relevant
Alpha3 Cloud Services by notifying the Provdotnet, LLC Customer Support Team, within
thirty (30) calendar days from the date the relevant update is implemented.
d. END OF LIFE. In the event that any Alpha3 Cloud Service reaches end-of-life, Alpha3
Cloud will attempt to notify You at least thirty (30) calendar days in advance of the end-
of-life date (the “EOL Date”). Customer is responsible for migrating to a new Alpha3
Cloud Service before the EOL Date or otherwise cease using said Alpha3 Cloud Service
before the EOL Date. Following the EOL Date, Provdotnet, LLC will either offer a
comparable Alpha3 Cloud Service for You to migrate to for the remainder of your Service
Term, a pro-rated credit or a prorated refund, to be determined by Alpha3 Cloud at its
sole discretion.
e. SUPPORT. Subject to the terms and conditions of this Agreement, Provdotnet, LLC will
provide support to Customer for the Alpha3 Cloud Services in accordance with the then
applicable Support Policy. Customer acknowledges that Alpha3 Cloud is not responsible
for technical issues that cannot be identified as being primarily caused by the Alpha3
Cloud Services.
f. HARASSMENT. Provdotnet, LLC reserves the right to terminate, without notice to You,
Your Account and any and all Alpha3 Cloud Services where, in Alpha3 Cloud’s sole
discretion, You harass or threaten Provdotnet, LLC or any of Provdotnet, LLC’s
employees.

3. ORDERING
a. PURCHASES AND PRICING. Customer may purchase the right to access and use the
Alpha3 Cloud Services by (i) registering for the applicable Alpha3 Cloud Services through
Customer’s Account, or (ii) executing an Alpha3 Cloud Order Form. Alpha3 Cloud offers
different types of rates depending on the type of Alpha3 Cloud Service (monthly flat-rate,
yearly flat-rate, metered-usage, etc.). These rates may be linked to a commitment to a
particular period of use and/or a specific method of invoicing. Purchase of the Alpha3
Cloud Services includes access to any applicable Support during the Service Term. The
provisioning time for Alpha3 Cloud Services may vary depending on the Alpha3 Cloud
Services ordered. Some Alpha3 Cloud Services are made available only upon receipt by
Alpha3 Cloud of payment from Customer in advance for the relevant Alpha3 Cloud
Services. It is the responsibility of Customer to ensure the delivery terms for the ordered
Alpha3 Cloud Services meets Customer’s needs.
b. PAYMENT METHOD. Customer will pay Alpha3 Cloud in accordance with the payment
method identified in Customer’s Account or in an Alpha3 Cloud Order Form, as
applicable. Payment method options may include payment (i) by credit card, (ii) via
eCheck/ACH, or (iii) through an online account with a third-party provider, such as
Paypal. If Customer makes an automatic payment arrangement, Alpha3 Cloud will
provide Customer with a writing or its electronic equivalent describing the terms of such
automatic payment arrangement. To use this automatic payment arrangement,
Customer agrees to receive the terms of such authorization electronically as set forth
herein. Customer also agrees that its electronic acceptance of the terms of such
authorizations will constitute valid and binding electronic signature that will have the
same force and effect as a handwritten signature by Customer. Customer will provide
true, complete and accurate information with respect to the applicable method of
payment and agrees to promptly contact Alpha3 Cloud and to otherwise update
Customer’s Account if any such information needs to be updated. Customer will ensure
that Customer has sufficient funds or credit (as applicable) associated with the selected
method of payment. Customer understands that the amounts charged or debited may
vary and that this authorization will remain in effect until the expiration or termination
of this Agreement. If an ACH payment is returned from the applicable bank account for
insufficient or uncollected funds or for erroneous information, Provdotnet, LLC may
reinitiate the returned ACH debit to the applicable bank account. Any amounts owed to
Provdotnet, LLC that cannot be collected by ACH debit may be charged to any backup
credit card on file for Customer.
c. PURCHASE ORDER. Customer may elect to issue a purchase order to Alpha3 Cloud or an
Alpha3 Cloud Partner, as applicable, by indicating its preference to do so on the
applicable Alpha3 Cloud Order Form. If Customer so elects to issue a purchase order,
Customer must issue such purchase order to Alpha3 Cloud or an Alpha3 Cloud Partner
within five (5) business days from the Effective Date of any Alpha3 Cloud Order Form, or
Alpha3 Cloud shall have the option to cancel the Alpha3 Cloud Order Form and its terms
shall be null and void. Any additional or conflicting terms contained in any Customer
purchase order, proposal or other document shall be deemed to be rejected by Alpha3
Cloud without need of further notice of objection, even if such document is
acknowledged or accepted by Alpha3 Cloud, and regardless of any statement to the
contrary which may be contained therein, and shall be of no effect or in any way binding
upon Alpha3 Cloud.
d. PAYMENT TERMS. Customers who choose to pay by credit card shall be charged on
behalf of Provdotnet, LLC on or about the date Customer is invoiced by Provdotnet, LLC
for the Alpha3 Cloud Services purchased. Subject to a successful credit check initiated
by Alpha3 Cloud, Customers that pay by eCheck or ACH will pay all invoices issued by
Alpha3 Cloud within thirty (30) calendar days of the date of the invoice or as otherwise
set forth in an applicable Alpha3 Cloud Order Form. Notwithstanding the foregoing, if
Customer has arranged for payment by credit card, Alpha3 Cloudmay charge Customer’s
card on or after the invoice date. Except as otherwise provided in this Agreement or as
otherwise provided by Applicable Law, all Fees are non-cancelable and non-refundable.
Unless otherwise set forth in the Service Specific Terms, all monthly or prepaid Fees will
be due in advance and all Fees based on actual metered usage of an Alpha3 Cloud Service
will be due in arrears. If any payment is delinquent (including if payment is late due to a
credit card chargeback or insufficient funds), Provdotnet, LLC may, without limiting any
remedies available to Alpha3 Cloud: (i) terminate this Agreement and/or any applicable
Alpha3 Cloud Order Form; or (ii) suspend performance of or access to the applicable
Alpha3 Cloud Services, until payment is made current. Customer will pay interest on all
delinquent amounts at the lesser of 1.5% per month or the maximum rate permitted by
Applicable Law. If Alpha3 Cloud terminates this Agreement for non-payment, the Fees
for the remainder of the Service Term shall be due immediately. Customer will be
responsible for all reasonable expenses (including attorneys’ fees) incurred by
Provdotnet, LLC in collecting any delinquent amounts. All Fees are exclusive of all sales,
use, excise, value added, withholding and other taxes, and all customs duties and tariffs
now or hereafter claimed or imposed by any governmental authority upon the Alpha3
Cloud Services will be paid by Customer. Provdotnet, LLC reserves the right to increase
prices for Alpha3 Cloud Services at any time, although increases in prices for Alpha3
Cloud Services will not go into effect until the next renewal of the Service Term. Upon
commencement of any Renewal Term, unless otherwise provided in the terms of an
applicable promotion or provided in an Alpha3 Cloud Order, any promotional pricing or
discounts shall automatically discontinue, and Customer shall be charged the rates for
the Alpha3 Cloud Services posted on the Alpha3 Cloud website or detailed in the
applicable Alpha3 Cloud Order Form. If Customer purchases through an Alpha3 Cloud
Partner, all fees and other procurement and delivery terms will be agreed between
Customer and the applicable Alpha3 Cloud Partner. EXCEPT AS REQUIRED BY
APPLICABLE LAW OR AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PROVDOTNET, LLC
IS NOT OBLIGATED TO REFUND ANY FEES OR OTHER PAYMENTS ALREADY PAID, AND ANY
CANCELLATION BY CUSTOMER WILL TAKE PLACE AT THE END OF THE APPLICABLE
SERVICE TERM.
e. INVOICE DISPUTES. If the parties determine that certain billing inaccuracies are
attributable to Provdotnet, LLC, Provdotnet, LLCwill apply credit to Customer’s Account.
To the fullest extent permitted by law, Customer waives all claims relating to Fees unless
claimed within sixty (60) calendar days after being invoiced by Alpha3 Cloud.
f. EU CONSUMER POLICY. If You are a consumer based in the EU, You have the right to
cancel this Agreement within fourteen (14) calendar days of the date on which You
requested the Alpha3 Cloud Services, without giving any reason. To exercise Your right
to cancel, You must notify Provdotnet, LLC of Your decision to cancel this Agreement by
contacting Customer Support via Alpha3 Cloud Control Panel or email directed
to support@prov.net. To meet the fourteen (14) calendar day deadline provided above,
it is sufficient for You to send Your notification concerning the exercise of the right to
cancel before the cancellation period has expired. If You cancel this Agreement, we will
reimburse to You all payments received from You without undue delay and not later than
fourteen (14) calendar days from the day on which we are informed about Your decision
to cancel the Agreement. We will make the reimbursement using the same means of
payment as You used for the initial transaction, unless You have expressly agreed
otherwise; in any event, You will not incur any fees as a result of the reimbursement. If
You are a consumer based in the EU and You have agreed to the Alpha3 Cloud Services
commencing immediately, You will be required to pay a pro-rated amount of the Fees
applicable to the Alpha3 Cloud Services You have requested based on the initial Fees You
have paid for the Alpha3 Cloud Services and the date on which You exercise Your
statutory right to cancel the Agreement.

4. CONFIDENTIALITY
As used in this Agreement, “Confidential Information” means, subject to the exceptions set forth
in the following sentence, any information or data, regardless of whether it is in tangible form,
disclosed by either Provdotnet, LLC or Customer (the “Disclosing Party”) that the Disclosing
Party has either marked as confidential or proprietary, or has identified in writing as
confidential or proprietary within thirty (30) calendar days of disclosure to the other party (the
“Receiving Party”); provided, however, that a Disclosing Party’s business plans, strategies,
technology, research and development, current and prospective customers, billing records, and
products or services will be deemed Confidential Information of the Disclosing Party even if not
so marked or identified. Provdotnet, LLC’s Confidential Information includes, without
limitation, the Alpha3 Cloud Services, any information related thereto and the Login
Credentials. Information will not be deemed Confidential Information if such information: (a) 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; (b)
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; (c) becomes publicly known or otherwise ceases to be secret or confidential,
except through a breach of this Agreement by the Receiving Party; or (d) is developed
independently by the Receiving Party without use of any Confidential Information of the
Disclosing Party. Each party agrees that it will use the Confidential Information of the other
party solely to perform its obligations or exercise its rights under this Agreement. Neither
Alpha3 Cloud nor Customer will disclose, or permit to be disclosed, the other party’s
Confidential Information directly or indirectly, to any third party without the other party’s prior
written consent. Both Provdotnet, LLC and Customer will use commercially reasonable
measures to protect the confidentiality and value of the other party’s Confidential Information.
Notwithstanding any provision of this Agreement, either party may disclose the other party’s
Confidential Information, in whole or in part: (i) to its employees, officers, directors, consultants
and professional advisers (e.g., attorneys, auditors, financial advisors, accountants and other
professional representatives) who have a need to know and are legally bound to keep such
Confidential Information confidential by confidentiality obligations or, in the case of
professional advisors, are bound by ethical duties to keep such Confidential Information
confidential consistent with the terms of this Agreement; and (ii) as required by Applicable Law
(in which case each party will, if permitted by Applicable Law, provide the other with prior
written notification thereof and use its reasonable efforts to minimize such disclosure to the
extent permitted by Applicable Law). Both Provdotnet, LLC and Customer agree to exercise due
care in protecting the Confidential Information from unauthorized use and disclosure. In the
event of actual or threatened breach of the provisions of this Section, the non-breaching party
will be entitled to seek immediate injunctive and other equitable relief, without waiving any
other rights or remedies available to it. Both Provdotnet, LLC and Customer will promptly notify
the other in writing if it becomes aware of any violations of the confidentiality obligations set
forth in this Agreement.

5. INTELLECTUAL PROPERTY AND RESTRICTIONS
a. OWNERSHIP. This Agreement contains a limited right to access and use the Alpha3 Cloud
Services during a Service Term, not a transfer of title to the Alpha3 Cloud Services. All
Intellectual Property Rights in the Alpha3 Cloud Services belong exclusively to
Provdotnet, LLC and its licensors. Customer is granted no licenses of any kind to any
Intellectual Property Rights other than as expressly granted herein. Customer will not
do, or cause to be done, any acts or things contesting or in any way impairing or tending
to impair any portion of the right, title and interest of Provdotnet, LLC in and to the
Intellectual Property Rights. Customer will not delete or in any manner alter the
copyright, trademark, or other proprietary rights notices or markings that appear on the
Alpha3 Cloud Services as delivered to Customer. Except as expressly authorized in this
Agreement, You will not make any copies or duplicates of any Alpha3 Cloud Services
without the prior written permission of Provdotnet, LLC. To the extent Customer
provides any suggestions, comments or other feedback related to the Alpha3 Cloud
Services to Provdotnet, LLC or its authorized third party agent(s) (“Feedback”),
Customer hereby grants Alpha3 Cloud a worldwide, non-exclusive, perpetual,
irrevocable, royalty-free, sublicensable, transferable license to copy, display, distribute,
perform, modify and otherwise use such Feedback or subject matter thereof in any way
and without limitation.
b. RESTRICTIONS. Except as otherwise expressly provided under this Agreement,
Customer will have no right, and Customer specifically agrees not to, and will take
commercially reasonable steps to ensure that each User does not: (i) transfer, assign or
sublicense the Alpha3 Cloud Services to another person or entity, and Customer
acknowledges that any such attempted transfer, assignment or sublicense will be void;
(ii) make error corrections to, or otherwise modify or adapt, the Alpha3 Cloud Services
or create derivative works based upon the Alpha3 Cloud Services, or permit third parties
to do the same; (iii) reverse engineer or decompile, decrypt, disassemble or otherwise
reduce the Alpha3 Cloud Services to human-readable form, except to the extent
otherwise expressly permitted under Applicable Law notwithstanding this restriction;
(iv) disclose, provide or otherwise make available trade secrets contained within the
Alpha3 Cloud Services in any form, to any third party without the prior written consent
of Provdotnet, LLC; or (vi) use or access the Alpha3 Cloud Services (A) to develop any
similar software applications, products or services, (B) to spam, distribute malware or
conduct other malicious, abusive, intrusive or illegal activities, (C) to engage in
cryptocurrencymining without Provdotnet, LLC ‘s prior written approval (D) in a way that
could harm the Alpha3 Cloud Services or impair anyone else’s use of it, (E) in a way
intended to work around the Alpha3 Cloud Services’ technical limitations, recurring fees
or usage limits, (F) to violate any rights of others, (G) to try to gain unauthorized access
to, test the vulnerability of, or disrupt the Alpha3 Cloud Services or any other service,
device, data account or network or (H) in any application or situation where failure of
the Alpha3 Cloud Services could lead to the death or serious bodily injury of any person
or to severe physical or environmental damage.

6. DATA SECURITY
a. PRIVACY AND DATA STORAGE. Provdotnet, LLC ‘s privacy and data storage practices are
described in Alpha3 Cloud’s data processing agreement located here (the “Data
Processing Agreement”), which is hereby incorporated by reference. Provdotnet, LLC ‘s
privacy policy located here (the “Privacy Policy”), which is hereby incorporated by
reference.
b. MONITORING Provdotnet, LLC has the right to verify Your compliance with this
Agreement. If Provdotnet, LLC contacts Customer to verify compliance, Customer will
provide information or other materials reasonably requested to assist in the verification
(For German customers only: A Customer from Germany is only obliged to provide
information necessary for such verification, available to the Customer and reasonably
requested for such verification). Provdotnet, LLC may monitor the overall performance
and stability of the infrastructure of the Alpha3 Cloud Services. Customer may not block
or interfere with that monitoring. If Provdotnet, LLC reasonably believes a problem with
the Alpha3 Cloud Services may be attributable to Content Data or Customer’s use of the
Alpha3 Cloud Services, Customer will cooperate with Provdotnet, LLC to identify the
source of and resolve that problem.
c. PROTECTED INFORMATION. You represent and warrant that You will not submit any
unencrypted Protected Health Information, as defined in the Health Insurance
Portability and Accountability Act (45 CFR 160.103), or any unencrypted personally
identifiable information subject to regulatory protection under Applicable Law
(collectively “Unencrypted Protected Information”) to Provdotnet, LLC, whether as part
of the Alpha3 Cloud Services or otherwise. You represent and warrant that You will not
submit any encrypted Protected Health Information, as defined in the Health Insurance
Portability and Accountability Act (45 CFR 160.103), or any encrypted personally
identifiable information subject to regulatory protection under U.S. law (collectively
“Encrypted Protected Information”) to Provdotnet, LLC, whether as part of the Alpha3
Cloud Services or otherwise, unless we have entered into a Business Associate
Agreement (“BAA”). In the event You will submit encrypted Protected Information in
conjunction with Your use of the Alpha3 Cloud Services, You must contact Provdotnet,
LLC at legal@prov.net to request a BAA. Notwithstanding anything to the contrary in this
Agreement, You recognize and agree that Alpha3 Cloud will have no liability whatsoever
under this Agreement or otherwise for any Unencrypted Protected Information or
Encrypted Protected Information You provide in violation of this Section, and You agree
to fully indemnify and hold harmless Provdotnet, LLC from any third party claims
resulting from a violation or alleged violation of this Section.

7. CONTENT DATA
a. CONTENT DATA RIGHTS. As between Customer and Provdotnet, LLC, Customer retains
all right, title, and interest in the Content Data, except for the limited license expressly
granted by Customer to Provdotnet, LLC in this Section 7. Customer hereby grants to
Provdotnet, LLC a royalty-free, fully paid up, worldwide, sublicensable, non-transferable
(except as set forth in Section 19(j)) right and license to copy, display, distribute, modify
and otherwise use the Content Data, solely as necessary to provide the Alpha3 Cloud
Services to Customer. Customer further acknowledges that Alpha3 Cloud may collect
Usage Data and may aggregate and/or anonymize Usage Data to use for statistical
purposes and share samples of such aggregated and/or anonymized Usage Data with
other third parties. (For German customers only: If Customer is from Germany
Provdotnet, LLC may only collect and aggregate anonymized Usage Data to use for
statistical purposes and share samples of such aggregated and anonymized Usage Data
with other third parties.)
b. CUSTOMER REPRESENTATIONS AND OBLIGATIONS. Customer will only use the Alpha3
Cloud Services with Content Data to which it has full right, title or license. Customer
represents, warrants and covenants that its use of the Alpha3 Cloud Services and related
backup to and storage of Content Data complies and will comply with all Applicable
Laws, including those related to data privacy, data security, international
communication and the exportation of technical, personal or sensitive data. Customer
will not, and will take commercially reasonable steps to ensure that each User does not,
distribute, publish, store or transmit content that: (i) may create a risk of harm, loss,
physical or mental injury, emotional distress, death, disability, disfigurement, or
physical or mental illness to anyone; (ii) may create a risk of any other loss or damage to
any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains
any information or content that is illegal, unlawful, harmful, abusive, racially or
ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity
rights, harassing, humiliating to other people (publicly or otherwise), libelous,
threatening, or otherwise objectionable; or (v) contains any information or content that
You do not have a right tomake available under any law or under contractual or fiduciary
relationships. Customer represents and warrants that the Content Data does not and will
not violate any third-party rights, including any Intellectual Property Rights, and rights
of publicity and privacy. If Customer becomes aware that any of the Content Data or any
User’s access to or use of the Content Data violates this Agreement, Customer will take
immediate action to remove the applicable part of Content Data or suspend the User’s
access. Customer will ensure that Customer’s use of the Alpha3 Cloud Services complies
at all times with Customer’s privacy policies and all Applicable Laws, including any
encryption requirements. Customer is solely responsible for Content Data. Except as
provided in the Data Processing Agreement, Customer is responsible for protecting the
security of Content Data, including any access to Content Data that Customer provides
to its employees, customers or other third parties, and when it is in transit to and from
the Alpha3 Cloud Services. Customer must take and maintain commercially reasonable
steps regarding the security, protection and backup of Content Data, which might
include the use of encryption technology to protect Content Data from unauthorized
access. Customer is responsible for providing any necessary notices to Users and for
obtaining any legally-required consents from Users concerning their use of the Alpha3
Cloud Services. Customer is responsible for any losses or other consequences arising
from Customer’s failure to encrypt or back up Content Data. Customer will have and
maintain appropriate policies and procedures for cybersecurity and to ensure
compliance with its regulatory or legal obligations.
c. TELEPHONE CONSUMER PROTECTION ACT. By providing your telephone number(s) to
Provdotnet, LLC, you consent to receive telephone calls by and behalf of Provdotnet, LLC
and its affiliates, including telephone calls made by or using an automatic telephone
dialing system or artificial or prerecorded voice, at the number(s) you have provided, for
all non-marketing purposes, including but not limited to all purposes described in this
Agreement or relating to Alpha3 Cloud Services.

8. THIRD PARTY PRODUCTS
Customer is responsible for any Third Party Products that a third party licenses, sells or makes
available to Customer that Customer installs or uses with the Alpha3 Cloud Services. Customer’s
use of such Third Party Products is governed by separate terms between Customer and that
third party. Provdotnet, LLC is not a party to and is not bound by any of those separate terms.
Certain Third Party Products may carry a limited warranty from the third-party provider of such
Third Party Products. To the extent required or allowed, if Provdotnet, LLC makes available to
Customer a Third Party Product in connectionwith Customer’s use of the Alpha3 Cloud Services,
Provdotnet, LLC will pass through to Customer any such manufacturer warranties related to
such Third Party Products. Notwithstanding the foregoing, Customer acknowledges that
Provdotnet, LLC is not responsible for the availability or for the fulfillment of any Third Party
Product warranty or for problems attributable to use of Third Party Products. ALL THIRD PARTY
PRODUCTS ARE PROVIDED BY PROVDOTNET, LLC ON AN “AS IS” BASIS. You are responsible for
reviewing, accepting, and complying with any third party terms of use or other restrictions
applicable to the Third Party Product. Provdotnet, LLC reserves the right to suspend or
terminate any Third Party Products at any time. The third party terms applicable to Third Party
Products made available by Provdotnet, LLC are available here, as may be modified from time
to time (the “Third Party Terms”).

9. TERM AND TERMINATION
a. TERM. This Agreement will be effective upon Customer’s execution of an Alpha3 Cloud
Order Form or when Customer otherwise clicks a box agreeing to this Agreement (during
Account creation or otherwise) and, unless earlier terminated as set forth in this
Agreement, continue in effect for the initial service term identified on the Alpha3 Cloud
Order Formor selected in the Account, as applicable (the “Initial Service Term”). UNLESS
OTHERWISE SET FORTH IN AN ALPHA3 CLOUD ORDER FORM, IF APPLICABLE, THIS
AGREEMENT WILL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS OF EQUAL
DURATION (EACH, A “RENEWAL TERM”), UNLESS EITHER PARTY GIVES NOTICE OF NON-
RENEWAL AT LEAST THIRTY (30) CALENDAR DAYS PRIOR TO THE END OF THE THEN-
CURRENT SERVICE TERMOR, IF THE SERVICE TERM IS MONTH-TO-MONTH, EITHER PARTY
MAY GIVE NOTICE OF NON-RENEWAL ANY TIME PRIOR TO THE END OF THE THEN
CURRENT SERVICE TERM. You may provide notice of non-renewal by submitting a
support ticket online through Your Alpha3 Cloud Account.
b. TERMINATION FOR CONVENIENCE. Unless otherwise stated in this Agreement,
Customer may terminate this Agreement for convenience at any time by giving
Provdotnet, LLC at least thirty (30) calendar days’ advance written notice. If Customer
elects to terminate this Agreement for convenience in accordance with this Section 9(b),
they shall be subject to an early termination fee equal to the monthly recurring Fees
multiplied by the number of months remaining in the Service Term.
c. TERMINATION FOR CAUSE. In addition to any other termination rights set forth in this
Agreement, (i) Provdotnet, LLC can terminate this Agreement immediately upon written
notice to Customer if Customer breaches Section 5(b) or Section 7(b); and (ii) either party
can terminate this Agreement upon written notice to the other party if (A) such other
party breaches this Agreement (other than breaches of Section 5(b) or 7(b)) and fails to
cure such breach within thirty (30) days of receipt of written notice thereof or (B) such
other party (1) becomes insolvent, admits in writing its inability to pay debts as they
mature or makes an assignment for the benefit of creditors; (2) becomes subject to
control of a trustee, receiver or similar authority or any bankruptcy or insolvency
proceeding; or (3) an equivalent or similar event or proceeding occurs in respect of the
Customer in any jurisdiction (in each case of (1), (2) and (3), which, if initiated
involuntarily, is not dismissed within forty-five (45) calendar days of its institution).
d. EFFECTS OF TERMINATION. THE TERMINATION OF THE ALPHA3 CLOUD SERVICES
WILL CAUSE SUCH ALPHA3 CLOUD SERVICES TO CEASE FUNCTIONING AND RESULT
IN CUSTOMER NOT BEING ABLE TO ACCESS ANY CONTENT DATA. FOLLOWING
TERMINATION OF THIS AGREEMENT, ALPHA3 CLOUD WILL DESTROY ALL CONTENT
DATA (WITHOUT PREJUDICE TO SECTION 9(e) BELOW). The termination of this
Agreement for any reason will not affect: (i) the obligations of Customer and Provdotnet,
LLC to account for and pay to one another any amounts for which they are obligated by
virtue of transactions or events which occurred prior to the effective date of termination;
or (ii) any other obligation or liability which either Customer or Provdotnet, LLC has to
the other under this Agreement and which, by its nature, would reasonably be expected
to survive termination. The following Sections will survive any expiration or termination
of this Agreement: 1, 3(b), 3(c), 4, 5, 6(c), 7(a), 9(d), 9(e), 11, 12, 13, 14, 15 and 19.
e. CONTENT DATA POST EXPIRATION OR TERMINATION. Before expiration or termination
of the applicable Service Term, Provdotnet, LLC recommends that Customer ensures it
places a copy of its Content Data in a place that can be accessed without the Alpha3
Cloud Services. Provided that Customer is in compliance with all of the terms and
conditions of this Agreement, Provdotnet, LLC will extend Customer’s ability to access
the Alpha3 Cloud Services for fifteen (15) calendar days following the end of the Service
Term if Customer notifies Provdotnet, LLC via email (directed to Support@prov.net)
prior to the end of the Service Term. In such event, (i) Provdotnet, LLC will enable
Customer’s access to the Alpha3 Cloud Services for a maximum of fifteen (15) calendar
days following the end of the Service Term (at no additional cost to Customer) for the
sole purpose of enabling Customer’s retrieval of its Content Data, and (ii) Customer’s use
of the Alpha3 Cloud Services during such complimentary period is subject to the terms
and conditions of this Agreement. Provdotnet, LLC is not responsible for the availability
or accessibility of Content Data following the later of (A) the expiration of the
complimentary period should Customer make such request or (B) the end of the Service
Term.

10.SUSPENSION
a. GENERALLY. Provdotnet, LLC may suspend Your use of the Alpha3 Cloud Services if
Provdotnet, LLC reasonably determines: (i) Customer, or Customer’s use of the Alpha3
Cloud Services, is in breach of this Agreement; (ii) Customer fails to address Provdotnet,
LLC ‘s request to take action as specified in Section 7(b); (iii) Customer’s use of the Alpha3
Cloud Services poses a security risk to the Alpha3 Cloud Services or other users of the
Alpha3 Cloud Services; (iv) suspension is warranted pursuant to Provdotnet, LLC’s
receipt of a subpoena, court order, or a request by a law enforcement agency; or (v) as
otherwise expressly set forth in this Agreement. Provdotnet, LLC will give You notice
before Provdotnet, LLC suspends You, subject to Applicable Law, and unless Provdotnet,
LLC reasonably determines that providing the notice presents risk of harm to the Alpha3
Cloud Services or any person or property. Provdotnet, LLC is entitled to obtain injunctive
relief if Customer’s use of the Alpha3 Cloud Services is in violation of any restrictions set
forth in this Agreement.
b. EFFECT OF SUSPENSION. You will remain responsible for all Fees incurred before or
during any suspension. You will not be entitled to any service credits under any
applicable Service Level Agreement that You might have otherwise accrued during the
period of suspension.

11.ALLOCATION OF RISK
Customer acknowledges and agrees that Provdotnet, LLC has set its prices and entered into this
Agreement and permitted Customer’s access to the Alpha3 Cloud Services in reliance upon the
disclaimers of warranty and the limitations of liability in this Agreement, that the same reflect
an allocation of risk between Provdotnet, LLC and Customer (including the risk that a contract
remedy may fail of its essential purpose and cause consequential loss), and that the same form
an essential basis of the bargain between Provdotnet, LLC and Customer. If Customer is subject
to Applicable Laws that prohibit Customer from indemnifying Provdotnet, LLC as set forth
herein or prohibit Customer from entering into the risk allocation arrangement set forth herein,
then the terms of such provisions of this Agreement will apply to Customer only to the fullest
extent permitted by Applicable Law, it being understood that Customer and Provdotnet, LLC
each wish to enforce the provisions of this Agreement to the maximum extent permitted by
Applicable Law.

12.DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE FULLEST EXTENT PERMITTED UNDER
APPLICABLE LAW, ALPHA3 CLOUD SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY
WARRANTY, TERMS OR CONDITIONS WHATSOEVER. ALL OTHER WARRANTIES, TERMS OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF NON-INFRINGEMENT,
TITLE, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY ALPHA3 CLOUD AND ITS
LICENSORS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. NEITHER ALPHA3 CLOUD NOR ITS
LICENSORS WARRANT THAT THE ALPHA3 CLOUD SERVICES WILL MEET CUSTOMER’S
REQUIREMENTS, THAT THE ALPHA3 CLOUD SERVICES WILL BE COMPATIBLE WITH CUSTOMER’S
DEVICES, OR THAT THE ALPHA3 CLOUD SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
EXCEPT AS EXPRESSLY PROVIDED HEREIN AND SAVE TO THE EXTENT SUCH ALLOCATION OF
RISK IS NOT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF ALPHA3 CLOUD SERVICES IS WITH CUSTOMER. IN NO EVENT WILL
PROVDOTNET, LLC OR ITS LICENSORS BE LIABLE FOR ANY LOSS, LIABILITY, DAMAGES OR CLAIMS
RELATED TO ANY REGULATORY OBLIGATIONS CUSTOMER MAY HAVE RELATED TO ITS CONTENT
DATA.

13.LIMITATION OF ALPHA3 CLOUD LIABILITY
a. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
PROVDOTNET, LLC BE LIABLE TO CUSTOMER FOR ANY LOST PROFITS, LOST SAVINGS,
LOST OR CORRUPTED CONTENT DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OF CONTENT DATA, LOST REVENUE, BUSINESS INTERRUPTION,
OR LOSS OF CAPITAL (IN EACH CASE, WHETHER DIRECT OR INDIRECT) OR FOR ANY
SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES ARISING OUT OF OR
RELATING TO THIS AGREEMENT OR ANY ALPHA3 CLOUD SERVICES FURNISHED OR TO BE
FURNISHED UNDER THIS AGREEMENT OR THE USE THEREOF, EVEN IF PROVDOTNET, LLC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. EXCEPT FOR
LIABILITY ARISING OUT OF PROVDOTNET, LLC ‘S INDEMNIFICATION OBLIGATIONS
UNDER SECTION 14, THE AGGREGATE LIABILITY OF PROVDOTNET, LLC IN CONNECTION
WITH ANY AND ALL CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS
AGREEMENT OR ANY ALPHA3 CLOUD SERVICES FURNISHED OR TO BE FURNISHED UNDER
THIS AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO: (i) THE AMOUNT PAID
TO PROVDOTNET, LLC FOR THE ALPHA3 CLOUD SERVICES UNDER THIS AGREEMENT
DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE DAMAGED
PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM FOR DAMAGES; OR (ii) IF
GREATER, SUCH AMOUNT AS IS THE MINIMUM AMOUNT FOR WHICH PROVDOTNET, LLC
WOULD BE LIABLE UNDER APPLICABLE LAW.
b. IF CUSTOMER IS FROMGERMANY, NONE OF THE PROVISIONS OF THIS AGREEMENT SHALL
EXCLUDE OR LIMIT ANY LIABILITY FOR DAMAGE FROM INJURY TO LIFE, BODY OR HEALTH
OR ANY LIABILITY FOR ANY DAMAGE ARISING FROM GROSSLY NEGLIGENT OR
INTENTIONAL BREACH OF DUTY OR OTHER CONDUCT.
c. FURTHER LIMITATIONS. Provdotnet, LLC ‘s licensors and service providers will have no
liability of any kind under this Agreement. Customer may not bring a claim under this
Agreement more than eighteen (18) months after the cause of action arises. For German
customers only Customer may not bring a claim under this Agreement more than
eighteen (18) month after the cause of action arises and the Customer obtains
knowledge of the circumstances giving rise to the claim and of the identity of the obligor,
or would have obtained such knowledge if he had not shown gross negligence.

14.COPYRIGHT, PATENT, TRADE SECRET, AND TRADEMARK INDEMNITY
a. INDEMNITY FOR ALPHA3 CLOUD SERVICES. Subject to the remainder of this Section 14,
Provdotnet, LLC will defend Customer against an Infringement Claim and indemnify
Customer from the resulting costs and damages finally awarded against Customer to
that third party by a court of competent jurisdiction or agreed to in settlement; provided
that Customer: (i) promptly provides Alpha3 Cloud with notice of any Infringement
Claim; (ii) grants Provdotnet, LLC sole control over the claim’s defense and settlement,
and any related action challenging the validity of the allegedly infringed patent,
trademark or copyright; and (iii) reasonably cooperates in response to Provdotnet, LLC’s
requests for assistance. Customer may not settle or compromise any Infringement Claim
without Provdotnet, LLC ‘s prior written consent. Notwithstanding the foregoing,
Provdotnet, LLC will have no obligation under this Section or otherwise with respect to
any claim or award based on: (i) a combination of the Alpha3 Cloud Services with non-
Provdotnet, LLC data, products, business processes or content, including Content Data;
(ii) use of the Alpha3 Cloud Services for a purpose or in a manner not specified in this
Agreement or the Service Specific Terms, or otherwise in a manner for which the Alpha3
Cloud Services were not designed; (iii) any modification of the Alpha3 Cloud Services
made without Provdotnet, LLC ‘s express written approval; or (iv) any Evaluation Service.
This Section 14(a) states Your exclusive remedy for any Infringement Claims save that
where the Customer is a consumer based in the EU, nothing in this Section 14(a) will limit
or exclude the Customer’s statutory rights except as permitted by Applicable Law.
b. INDEMNITY FOR THIRD PARTY PRODUCTS. To the extent required or allowed,
Provdotnet, LLC will pass through to Customer any indemnities related to Third Party
Products, if any. Notwithstanding the foregoing, Customer acknowledges that
Provdotnet, LLC is not responsible for the fulfillment of any Third Party Product
indemnities or for problems attributable to use of Third Party Products.
c. REMEDIES. If any component of the Alpha3 Cloud Services becomes, or in Provdotnet,
LLC ‘s opinion is likely to become, the subject of an Infringement Claim, Provdotnet, LLC
will at Provdotnet, LLC ‘s option and expense: (i) procure the rights necessary for
Customer to keep using such component; (ii) modify or replace such component tomake
it non-infringing; or (iii) terminate this Agreement and refund any pre-paid fees for any
Alpha3 Cloud Services pro-rated for its remaining term.

15. INDEMNITY BY CUSTOMER
Customer will, to the fullest extent permitted by Applicable Law, indemnify Provdotnet, LLC and
its officers, directors, shareholders, employees and agents and their respective successors and
assigns (collectively, the ” Provdotnet, LLC Indemnified Parties”) against and hold the
Provdotnet, LLC Indemnified Parties harmless from any and all claims, liabilities, damages,
costs and expenses, including reasonable attorneys’ fees in connection with investigating,
defending, or settling any claim relating to or arising out of any acts or omissions on the part of
Customer which give rise to claims against the Provdotnet, LLC Indemnified Parties by third
parties (unaffiliated with Alpha3 Cloud), provided any final settlement will require Provdotnet,
LLC consent (which will not be unreasonably withheld) if the final settlement or compromise
does not provide for the unconditional and full release of the Provdotnet, LLC Indemnified
Parties or if the final settlement or compromise requires the specific performance of the
Provdotnet, LLC Indemnified Parties. In all events, Alpha3 Cloud will have the right to
participate in the defense of any such suit or proceeding through counsel of its own choosing at
Provdotnet, LLC ‘s own cost. Customer will also indemnify and hold harmless the Provdotnet,
LLC Indemnified Parties for any costs and expenses, including reasonable attorneys’ fees,
incurred in responding to any subpoena, search warrant, or court order requiring production of
information or documents related to Customer (“Requests”). Unless prohibited by court order
or Applicable Law Provdotnet, LLC will notify Customer of any Requests received by Provdotnet,
LLC
U.S. GOVERNMENT PURCHASES
Provdotnet, LLC provides the Alpha3 Cloud Services, including related software and technology,
as “Commercial Items,” as that term has been defined at 48 C.F.R. §2.101, consisting of
“Commercial Computer Software” and “Commercial Computer Software Documentation”, as
such terms have been used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent
with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Alpha3
Cloud Services are provided to U.S. government customers (i) only as Commercial Items; and
(ii) with only those rights as provided under the terms and conditions of this Agreement. If a
government agency has a need for rights not conveyed under these terms, it must negotiate
with Provdotnet, LLC to determine if there are acceptable terms for transferring such rights, and
a mutually acceptable written addendum specifically conveying such rights must be included
in any applicable contract or agreement.

16.ANTICORRUPTION LAWS
Customer and Alpha3 Cloud each acknowledge that it is familiar with the U.S. Foreign Corrupt
Practices Act (the “FCPA”) and agrees to comply with its terms as well as any provisions of local
law related thereto. Specifically, Customer and Provdotnet, LLC each are familiar with the
provisions of the FCPA prohibiting the payment or giving of anything of value, including but not
limited to payments, gifts, travel, entertainment and meals, either directly or indirectly, to an
official of a foreign government or political party for the purpose of influencing an act or
decision in his or her official capacity or inducing the official to use his or her party’s influence
with that government, to obtain or retain business involving the offering. Customer and
Provdotnet, LLC each agree to not violate or knowingly let anyone violate the FCPA and that no
payment it makes will constitute a bribe, influence payment, kickback, rebate, or other
payment that violates the FCPA or any other applicable anticorruption or anti-bribery law.

17.YOUR OBLIGATIONS
Customer represents and warrants that (a) Customer will use the Alpha3 Cloud Services only for
lawful purposes, and will comply with all Applicable Laws and (b) Customer’s access to and
collection, use, relocation, storage, disclosure and disposition of Content Data will comply with
all Applicable laws, including without limitation, all privacy and data security laws.

18.GENERAL PROVISIONS
a. PUBLICITY. Customer is permitted to state publicly that it is a customer of Provdotnet,
LLC; however, Customer may not use Provdotnet LLC’s and / or the Alpha3 Cloud name,
logo, or other identifying marks without Provdotnet, LLC prior written consent.
Customer agrees that Provdotnet, LLC may use Customer’s name and logo online or in
promotional materials. Provdotnet, LLC may also verbally reference Customer as a
customer of the Alpha3 Cloud Services.
b. SEVERABILITY. Every provision of this Agreement will be construed, to the extent
possible, so as to be valid and enforceable. If any provision of this Agreement so
construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable, such provision will be deemed severed from this Agreement, and all
other provisions will remain in full force and effect.
c. GOVERNING LAW AND VENUE. Except as otherwise expressly provided herein, this
Agreement is governed by the laws of the State of Rhode Island, United States of
America, without giving effect to any choice or conflict of law provision or rule. For any
claims arising out of relating to this Agreement or the Provdotnet, LLC Services each
party hereby irrevocably agrees and submits to personal jurisdiction in the State of
Rhode Island and exclusive jurisdiction and venue in the state courts of Providence
County and the federal district courts in the Providence, Rhode Island. EACH OF THE
PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY
IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE
ALPHA3 CLOUD SERVICES. Customer consents to service of process via email at the email
address(es) provided by Customer and waives any requirement under the Hague
Convention or other judicial treaty requiring that legal process be translated into any
language other than English. The United Nations Convention on Contracts for the
International Sale of Goods does not apply to this Agreement. The courts in some
countries will not apply U.S. law to some types of disputes. If You reside in one of those
countries, then where U.S. law is excluded from applying, the laws of Your country of
residence will apply to any dispute or difference arising out of or in connection with the
Agreement.
d. OTHER APPLICABLE LAW. If You are otherwise subject to laws that prohibit Customer
from agreeing to the foregoing governing law and/or venue provisions, then (i) the terms
of such provisions of this Agreement will be deemed to be modified to reflect the
governing law and/or venue required by Applicable Law; and (ii) Customer must, within
thirty (30) calendar days of the commencement of its Service Term, notify Provdotnet,
LLC (directed to legal@Prov.net ) to identify the Applicable Laws that apply to Customer
and the resulting modifications to the governing law and/or venue provisions of this
Agreement, without prejudice to the statutory rights of consumers based in the EU.
e. ELECTRONIC SIGNATURE. Customer agrees that Provdotnet, LLC may provide Customer
with information regarding this Agreement by posting the information on Customer’s
Account on the Alpha3 Cloud website, sending Customer an email, or communicating
through a support ticket, and that doing so satisfies any obligation Provdotnet, LLC may
have to provide the information in writing. Customer may have the right to withdraw
consent and, when required by law, Provdotnet, LLC will provide Customer with paper
copies upon request. To receive, access, and retain the notices, Customer must have
Internet access and a computer or device with a compatible browser; software capable
of viewing PDF files; and the ability to print and download and store PDF files. Customer
confirms that Customer is able to receive, access, and retain information on the website.
Customer may withdraw consent or update contact information by notifying Provdotnet,
LLC through available support channels, including chat.
f. ENTIRE AGREEMENT. This Agreement sets forth the entire Agreement and
understanding between Provdotnet, LLC and Customer regarding the subject matter
hereof and supersedes any previous or contemporaneous communications,
representations, proposals, commitments, understandings, negotiations, discussions,
understandings, or agreements (including non-disclosure or confidentiality
agreements), whether oral of written, regarding the same subject matter. In the event of
any conflict between these Terms of Service and an Alpha3 Cloud Order Form, if
applicable, the terms and conditions set forth in these Terms of Service will govern
unless expressly amended in such Alpha3 Cloud Order Form.
g. WAIVER. The failure by Provdotnet, LLC at any time to enforce any of the provisions of
this Agreement or any right or remedy available hereunder or at law or in equity, or to
exercise any option herein provided, will not constitute a waiver of such provision, right,
remedy or option or in any way affect the validity of this Agreement. The waiver of any
default by Alpha3 Cloud will not be deemed a continuing waiver but will apply solely to
the instance to which such waiver is directed.
h. HEADINGS. The section headings appearing in this Agreement are inserted only as a
matter of convenience and in no way define, limit, construe or describe the scope or
extent of such section or in any way affect such section.
i. NO JOINT VENTURE. This Agreement will not be construed as creating any partnership,
joint venture or agency relationship between Alpha3 Cloud and Customer.
j. ASSIGNMENT. Provdotnet, LLC may freely assign, transfer and/or delegate its rights and
obligations under this Agreement but Customer may not assign, transfer and/or delegate
its rights and obligations under this Agreement without Provdotnet, LLC ‘s prior written
consent (not to be unreasonably withheld). Any attempted assignment or transfer in
violation of this Section will be void. Subject to these limits, this Agreement will be
binding upon and inure to the benefit of the parties and their respective successors and
permitted assigns.
k. NO THIRD PARTY BENEFICIARIES. Other than as expressly provided in this Agreement,
no third-party beneficiaries are intended or will be construed as created by this
Agreement.
l. NOTICES. Any notice delivered by Provdotnet, LLC to Customer under this Agreement
will be delivered by email to the email address associated with Customer’s account or
by posting at Provdotnet, LLC Control Panel, except as otherwise set forth in this
Agreement. Customer will direct legal notices or other correspondence, including any
complaints, under this Agreement (including under any Additional Terms) to
PROVDOTNET, LLC 935 Westminster St, Providence, RI 02903, United States of America,
Attention: Legal Department, or by email directed at legal@prov.net
m. FORCE MAJEURE. Provdotnet, LLC will not be liable for any delay or failure to perform
any obligations under this Agreement due to any cause beyond Provdotnet, LLC’s
reasonable control, including acts of God, labor disputes or other industrial
disturbances, systemic electrical, telecommunications or other utility failures,
earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or
orders of government, acts of terrorism or war. If such a force majeure event occurs and
continues for a period of more than thirty (30) calendar days, either party may terminate
this Agreement upon written notice to the other party.
n. EXPORT COMPLIANCE. Customer may not use or otherwise export or re-export the
Alpha3 Cloud Services or any related software or technology except as authorized by
United States law and the Applicable Laws of the jurisdiction in which the Alpha3 Cloud
Services were obtained. In particular, but without limitation, the Alpha3 Cloud Services
may not be exported or re-exported (i) into any U.S. embargoed country or region, or (ii)
to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or
the U.S. Department of Commerce Denied Person’s List, Entity List or Unverified List. By
using the Alpha3 Cloud Services, Customer represents and warrants that Customer is not
located in any such country or on any such list. Customer also agrees that it will not use
these products for any purposes prohibited by United States law. Customer is solely
responsible for complying with all import, export, and re-export control laws, including
but not limited to the Export Administration Regulations (“EAR”) and the International
Traffic in Arms Regulations (“ITAR”). Customer is also solely responsible for any
applicable license requirements in connection with the Alpha3 Cloud Services, and
Provdotnet, LLC makes no representations or warranties regarding the suitability of the
Alpha3 Cloud Services for Customer’s compliance with the EAR and/or ITAR

19.QUESTIONS

Any questions regarding this Agreement should be directed to Provdotnet, LLC using any of the contact methods located here.

Attention: Provdotnet Support

support@prov.net

Provdotnet, LLC

935 Westminster, St

Providence, RI 02903

401-441-5213