Reseller and Marketplace Terms of Service (RMToS) — frankonIX

handily networks GmbH Hauptstraße 37, 91227 Leinburg, Germany Commercial register: HRB 41496, Amtsgericht Nürnberg Managing Director: Felix Schroeder VAT ID: DE361522226 www.handily.network | support@handily.network | Phone +49 9120 4179960

Version date: July 2026 Document version: 1.0

Annex to the frankonIX Terms of Service (ToS), Section 7

These Reseller and Marketplace Terms of Service (the "RMToS") govern the conditions under which a frankonIX Participant resells access to the peering LAN to third parties (Reseller) and/or distributes its own services or third-party services to frankonIX Participants via the Marketplace (Marketplace Reseller).

These RMToS are aligned with the reseller and marketplace conditions customary at comparable Internet Exchange Points and with the best practices of Euro-IX.

Section 1 — Scope and Definitions

(1) These RMToS apply in addition to the Terms of Service (ToS) and the Acceptable Use Policy (AUP) of frankonIX. Pursuant to Section 7 of the ToS, their acceptance is a mandatory prerequisite for acting as a Reseller and/or for using the Marketplace.

(2) A Reseller is a Participant who, on the basis of its own physical port, provides third parties with access to the frankonIX peering LAN and sells, brokers or provides that access as part of its own services. Reseller status within the meaning of these RMToS relates exclusively to the peering LAN; the distribution of any other services via the IXP fabric is governed exclusively by Part B (Marketplace).

(3) A Resold Member is the third party obtaining its access to the peering LAN via a Reseller's port.

(4) Marketplace access means the privilege granted by the Operator to sell one's own services and third-party services on a VLAN basis via the IXP fabric to frankonIX Participants. A Participant to whom this privilege has been granted is a Marketplace Reseller.

(5) A Marketplace VLAN is a VLAN separately assigned by the Operator and to be obtained separately for the provision of a Marketplace service.

(6) Both roles may exist alongside each other and each requires acceptance of these RMToS. Resellers within the meaning of paragraph (2) receive Marketplace access pursuant to Section 6 paragraph (2) without separate activation.

Section 2 — Relationship to the Other Contractual Documents

(1) These RMToS are accepted in accordance with Section 7 paragraph (4) of the ToS.

(2) The order of precedence set out in Section 2 of the ToS applies. Within the scope of resale and the Marketplace, these RMToS prevail over the ToS; in all other respects the ToS and the AUP remain fully applicable.

(3) Where these RMToS refer to sections of the ToS or the AUP, the version applicable from time to time is decisive.

Part A — Reseller (Peering LAN)

Section 3 — Subject Matter of Reselling

(1) The Reseller is entitled to sell access to the peering LAN to Resold Members on the basis of its own physical port. Other frankonIX services are not covered by Reseller status.

(2) The Reseller remains the Operator's sole contractual partner and the sole debtor of all charges. No contractual relationship arises between the Operator and the Resold Member; Resold Members acquire no direct claims against the Operator (Section 7 paragraph (7) of the ToS).

(3) Technically, the following applies: a separate VLAN assigned by the Operator pursuant to Section 1 paragraph (4) of the AUP must be used for each Resold Member and for each service provided. One router MAC address must be nominated per VLAN pursuant to Section 3 paragraph (5) of the AUP. QinQ is not permitted.

(4) The Reseller ensures that the sum of the accesses granted to Resold Members does not permanently exceed the capacity of its port.

Section 4 — Requirements for Resold Members

(1) Resold Members are subject to the same access conditions as any other Participant. In particular, they must meet the requirements of Section 4 paragraph (1) of the ToS:

a) a valid Autonomous System Number (ASN), b) a functioning BGP configuration, c) valid entries in the RIPE database or an equivalent RIR database, d) a nominated technical contact reachable within twenty-four (24) hours.

(2) Resold Members are obliged to comply with the frankonIX ToS and AUP in their version applicable from time to time. The Reseller passes these obligations on to its Resold Members with identical content (back-to-back, Section 7 paragraph (6) of the ToS) and demonstrates their applicability upon the Operator's request.

(3) Before a Resold Member goes into operation, the Reseller reports to the Operator via the IXP Manager at least:

a) the name and legal form of the Resold Member, b) the ASN and announced prefixes, c) the router MAC address and assigned VLAN, d) the NOC and abuse contact (email and telephone), reachable 24/7.

(4) The IP addresses of the peering LAN are assigned exclusively by the Operator. Prefix limits apply per Resold Member in accordance with Section 5 paragraph (3) of the ToS; the PeeringDB record of the respective Resold Member is decisive.

(5) The Operator is entitled to reject individual Resold Members without stating reasons (Section 4 paragraph (2) of the ToS applies accordingly).

(6) The Reseller keeps the information reported under paragraph (3) up to date at all times and reports the departure of a Resold Member without undue delay.

Section 5 — Faults and Abuse Cases, Duty to Cooperate

(1) In cases of fault, misuse and abuse, the Operator will, where possible, contact the affected Resold Member directly using the contact details provided under Section 4 paragraph (3)(d).

(2) The Reseller ensures that these contact details are up to date and reachable at all times. Direct contact with the Resold Member by the Operator does not establish a contractual relationship between the Operator and the Resold Member.

(3) Duty to cooperate: If the Operator's attempts to communicate with the Resold Member remain unsuccessful — in particular where there is no response within twenty-four (24) hours in technical matters or five (5) working days in organisational matters — the Reseller is obliged, upon the Operator's request:

a) to establish contact with the affected Resold Member without undue delay and to inform the Operator accordingly, b) to work towards remedying the fault or breach, c) where necessary, to take suitable measures itself, in particular to filter the affected traffic or to disable the affected VLAN.

(4) Where there is an immediate threat to the stability or security of the infrastructure, the Operator's right to take immediate measures without prior notice pursuant to Section 9 paragraph (2) of the ToS and Section 13 paragraph (2) of the AUP remains unaffected. Such measures may relate to the affected VLAN or — where isolation is not possible — to the Reseller's entire port.

(5) Breaches of the ToS or AUP by a Resold Member are deemed breaches by the Reseller (Section 10 paragraph (5) of the AUP).

(6) The Reseller nominates its own escalation contact, reachable 24/7, for the purposes of this Section.

Part B — Marketplace

Section 6 — Marketplace Access

(1) Marketplace access is a privilege within the meaning of Section 1 paragraph (4) of these RMToS. There is no entitlement to its grant.

(2) Participants acting as Resellers under Part A receive Marketplace access automatically upon acceptance of these RMToS; no separate activation is required. For all other Participants, activation is granted by the Operator upon application. In both cases the prerequisites are active participation in frankonIX, acceptance of these RMToS and the absence of outstanding breaches of the ToS or AUP.

(3) The Operator may withdraw the privilege at any time for good cause, in particular in the event of breaches of these RMToS. Section 15 remains unaffected.

Section 7 — Marketplace VLANs and Charges

(1) Marketplace VLANs must be obtained separately and are subject to charges in accordance with the Operator's price list applicable from time to time. They are billed there uniformly with the reseller services as a unit consisting of VLAN, MAC address and BGP sessions.

(2) Exactly one Marketplace VLAN must be obtained for each service provided. Where several services are provided to the same customer, a separate VLAN must be obtained for each service (Section 1 paragraph (4) of the AUP). The use of QinQ or VLAN stacking is not permitted.

(3) VLAN IDs are assigned exclusively by the Operator. They are not transferable and may not be passed on to third parties. VLANs that are no longer required must be reported for return without undue delay.

(4) The Marketplace Reseller owes the charges for Marketplace VLANs irrespective of whether, and in what amount, it passes them on to its customers.

Section 8 — Permitted Products

(1) Until further notice, only the following products may be distributed via the Marketplace:

a) IP transit (static route and/or full table), b) VLAN-based IP transport (layer 2 transport, point-to-point connections), c) storage services (S3-compatible buckets, NFS exports and other storage services), d) voice and signalling services subject to Section 9.

(2) This is an exhaustive positive list. Distributing other products via the IXP fabric requires the Operator's prior consent in text form (Textform). The Operator may extend the list at any time; any restriction is made in accordance with Section 16 paragraph (1) of the ToS.

(3) Distributing one's own or third-party DDoS scrubbing solutions via the Marketplace is expressly not permitted. The reason is technical: scrubbing services deliberately attract attack traffic onto the infrastructure over which they are provided. Since the IXP fabric is a resource shared by all Participants with finite capacity, volumetric attacks against a scrubbing customer can exhaust the fabric capacity and thereby impair the traffic of uninvolved Participants. The Operator therefore excludes this product type from the Marketplace in order to protect the platform as a whole.

(4) The DDoS scrubbing service provided by the Operator itself under the Special Conditions for DDoS Scrubbing is not covered by this; it is provided outside the peering fabric and dimensioned accordingly.

(5) In individual cases and upon application, the Operator may permit exceptions to paragraph (3) in text form (Textform) where the Marketplace Reseller demonstrates that mitigation and attack absorption take place outside the IXP fabric and that any impairment of other Participants is technically ruled out. There is no entitlement to such permission.

(6) Beyond this, any use that breaches Section 7 of the AUP (Prohibited Use) remains impermissible.

Section 9 — Voice and Signalling Services

(1) When distributing voice and signalling services, the Marketplace Reseller must observe all relevant regulations, in particular the requirements of the ITU, the GSMA and the Bundesnetzagentur (the German federal network agency) as well as the provisions of the German Telecommunications Act (Telekommunikationsgesetz, TKG).

(2) Connecting unauthorised or unregulated parties to signalling networks via frankonIX is not permitted. The Marketplace Reseller ensures that all remote ends connected via the IXP hold the necessary approvals, registrations and allocations.

(3) The leasing, provision or any other passing on of Global Titles (GT) via an IXP VLAN is prohibited. This applies to every form of GT leasing, irrespective of its contractual structure.

(4) Upon request, the Marketplace Reseller shall provide the Operator, within five (5) working days, with evidence of the necessary approvals, registrations and number allocations for itself and its remote ends.

(5) Breaches of this Section are deemed particularly serious breaches within the meaning of Section 9 paragraph (1)(d) of the ToS. The Operator is entitled to disable the affected VLAN without prior notice.

Section 10 — Dimensioning and Realistic Use

(1) The Marketplace Reseller may advertise and distribute its services only to a realistic extent. The bandwidth offered and committed must match the capacity of its port at frankonIX.

(2) Example: a Participant with a 10G port may not advertise or sell IP transit with 100G of bandwidth.

(3) Overbooking: The sum of the bandwidths committed to customers may not exceed four times the capacity of the underlying port (maximum overbooking ratio 1:4). The sum per physical port or per LAG group is decisive. Upon the Operator's request, the Marketplace Reseller shall demonstrate compliance with this ratio within five (5) working days.

(4) If the ratio under paragraph (3) is exceeded, the Marketplace Reseller must either increase the port capacity or reduce the volume of committed bandwidths. Until a contractually compliant state has been restored, the Operator may prohibit the onboarding of further customers.

(5) The Operator is entitled to object to unrealistic offers, to demand their amendment, to make a port upgrade a condition of continued use, or to remove the affected listings.

(6) Subject to revocation: The permissibility of overbooking under paragraph (3) applies subject to revocation. Where the Operator determines that the overbooking results in

a) the service quality actually delivered falling short of the quality committed to customers, b) congestion, packet loss, outages or other impairments on the affected port or on the IXP fabric, or c) complaints being received by the Operator that are attributable to the overbooking,

the Operator is entitled to reduce the overbooking ratio permitted for that Participant and to require an upgrade to a higher port capacity.

(7) The Operator notifies the measure under paragraph (6) in text form (Textform), stating the reasons and the underlying measurements, and sets a reasonable implementation period of, as a rule, twenty (20) working days. If the Participant does not comply within the deadline, the Operator may take the measures under Section 15 paragraph (2), in particular prohibit the onboarding of further customers, block affected VLANs or suspend the Marketplace privilege.

(8) The price list applicable from time to time applies to the higher port capacity. If the Participant does not wish to upgrade, it has a special right of termination in respect of the affected Marketplace VLANs, effective as of the date the upgrade would take effect.

(9) The Operator's right to take immediate protective measures where there is an immediate threat to the stability of the infrastructure pursuant to Section 9 paragraph (2) of the ToS remains unaffected.

Section 11 — Technical Protection of Marketplace VLANs

(1) Marketplace VLANs must be protected technically in the same way as peering VLANs, as a rule by means of MAC filtering or port security.

(2) The MAC address used must be reported to the Operator via the IXP Manager for each Marketplace VLAN before it goes into operation; Section 3 of the AUP applies accordingly. Frames with unregistered MAC addresses may be discarded without prior notice.

(3) Within Marketplace VLANs, the provisions of the AUP apply accordingly, in particular Section 2 (traffic restrictions) and Section 4 (broadcast storm protection). Frame types deviating for product reasons (e.g. in the case of VLAN-based IP transport) require express prior agreement with the Operator.

(4) The Operator is entitled to apply storm control, rate limits and monitoring per VLAN.

Section 12 — Customer Relationship, Invoicing and the Operator's Role

(1) The Marketplace Reseller is itself responsible for the contractual relationship with its customers, in particular for the conclusion of contracts, service descriptions, pricing, invoicing, debt collection and support.

(2) The Operator provides the purely technical transmission path only. It does not become a party to the contracts concluded via the Marketplace (Section 7 paragraph (8) of the ToS) and gives no warranty as to the availability, quality or lawfulness of the services distributed.

(3) Customers of the Marketplace Reseller acquire no direct claims against the Operator.

(4) Taxes, levies and regulatory reporting or contribution obligations in connection with the services distributed are the sole responsibility of the Marketplace Reseller.

Section 13 — Presentation in the Marketplace

(1) Information on products, capacities, prices and availability must be accurate, current and not misleading.

(2) The Operator is entitled to review listings and, in the event of breaches of these RMToS, to amend, suspend or remove them.

(3) The use of the Operator's trade marks, logos or signs requires prior consent in text form (Textform).

Part C — Common Provisions

Section 14 — Compliance and Evidence

(1) Upon request, the Reseller or Marketplace Reseller shall provide the Operator with a current overview of its Resold Members and Marketplace customers, including the associated VLANs, ASNs and MAC addresses.

(2) The Operator is entitled to monitor compliance with these RMToS by appropriate technical means (Section 14 of the AUP).

(3) The Participant ensures that the disclosure under paragraph (1) is permissible under data protection and contract law.

Section 15 — Sanctions

(1) Breaches of these RMToS are deemed breaches of the ToS and are sanctioned in accordance with Section 9 of the ToS and Section 13 of the AUP.

(2) In addition, the Operator is entitled:

a) to block or disable individual VLANs, b) to remove listings, c) to suspend the Marketplace privilege temporarily or withdraw it permanently, d) to prohibit the onboarding of further Resold Members or Marketplace customers.

(3) Withdrawal of the Marketplace privilege or of Reseller status leaves participation in the peering LAN otherwise unaffected, provided no ground for termination under Section 14 paragraph (2) of the ToS exists.

(4) Reactivation takes place only after the breach has been remedied and confirmed by the Participant (Section 13 paragraph (3) of the AUP).

Section 16 — Liability and Indemnification

(1) The liability provisions of Section 10 of the ToS apply.

(2) Pursuant to Section 11 of the ToS, the Reseller or Marketplace Reseller indemnifies the Operator against all claims of its Resold Members, customers and other third parties arising from the provision of its services via frankonIX. This also covers fines and official measures resulting from breaches of regulatory requirements within the meaning of Section 9.

(3) The Operator is not liable for the Reseller's lost revenue from contracts with Resold Members or Marketplace customers.

Section 17 — Term, Amendments and Final Provisions

(1) These RMToS apply for the duration of the Reseller activity or of Marketplace access. The term and termination of individual VLANs are governed by the respective individual order, and otherwise by Section 14 of the ToS.

(2) Amendments to these RMToS are made in accordance with Section 16 paragraph (1) of the ToS (six (6) weeks' notice period, four (4) weeks' objection period).

(3) Upon termination of the Reseller activity or of Marketplace access, the Participant shall inform its Resold Members and customers in good time and return the assigned resources within thirty (30) days (Section 14 paragraphs (4) and (5) of the ToS). No claims of Resold Members or customers against the Operator arise as a result.

(4) In all other respects, the final provisions of Section 16 of the ToS apply, in particular those on applicable law, place of jurisdiction, severability and the transfer of rights and obligations.

Contact

Operator: handily networks GmbH IXP support: support@frankonix.net General support: support@handily.network