Rules and Regulations
Capitalized terms not otherwise defined herein shall have the meanings set forth in that certain License and Master Services Agreement between Customer and Licensor.
1. APPLICABILITY OF RULES AND REGULATIONS.
These Rules and Regulations apply to each Customer of Licensor and their respective Representatives, employees, contractors, customers, agents, invitees and users of the Data Center and/or the Related Data Center Services. In addition, Customer’s online facilities, and those utilizing such online facilities, are subject to these Rules and Regulations. Licensor reserves the right to apply and enforce the Rules and Regulations so as to maintain the integrity, reliability and legality of the Data Center and the Related Data Center Services.
2. ACCESS TO DATA CENTER.
Only those individuals identified by Customer as its Representatives may access the Customer Area, Customer may not allow any person other than its Representatives to access the Data Center or the Customer Area (i.e., no tag alongs). Licensor reserves the right to deny or restrict access to any Customer or Representative that is in violation of Customer’s Agreement.
Licensor may always restrict access to the Data Center or the Customer Area in an emergency and/or in response to a governmental request.
Customer agrees to adhere at all times to any reasonable security measures which may be established by Licensor with respect to the Data Center, Modules, Customer Equipment and all other equipment contained in the Data Center.
Customer acknowledges that Licensor is using closed circuit TV/audio and other surveillance measures.
Customer shall park in the Customer designated parking areas.
3. USE OF DATA CENTER.
Customer, Representatives and Customer’s invitees shall (a) comply with Law and Licensor’s rules and restrictions (including these Rules and Regulations), (b) present and deposit photo identification to the satisfaction of Licensor, (c) respect the property and observe the rights of other customers, and (d) not enter restricted areas.
Customer shall make all installations and repairs which require Licensor’s support or supervision only during Licensor’s normal business hours. (Monday through Friday from 8 am until 5 pm local time) unless otherwise arranged with Licensor.
Customer must keep the Customer Area clean at all times. Customer may not store any paper products, cardboard, boxes or other materials in the Customer Area (other than equipment manuals). All empty boxes, crates and trash will be removed from the site by Customer or discarded at the site per Licensor’s instructions. No flammable materials may be stored in the Data Center by Customer or its Representative.
Customer may not bring, or make use of, any of the following in the Data Center: (a) Food or drink, (b) Alcohol, illegal drugs or other intoxicants, (c) Ignited or previously ignited tobacco or nicotine products, (d) Electro-magnetic devices, (e) Explosives or pyrotechnics, (f) Radioactive materials, (g) Weapons, (h) Other than as may be included in a hand held smart phone device, photographic or recording equipment of any kind, (i) Chemicals or hazardous materials or (j) any other material reasonably determined by Licensor to be inconsistent with the operation of the Data Center.
Smoking is not permitted at any time in or near the Data Center. Smoking outside of the Data Center shall be in designated areas only.
Children under the age of sixteen (16) are not permitted in the Data Center.
Customer shall comply with Licensor’s Emergency Action Plan.
In the event Customer requests assistance from Licensor related to the Related Data Center Services pursuant to an open help ticket or otherwise, and Licensor determines the origin of Customer’s issues is due to Customer, Licensor reserves the right to charge Customer for resolution of such issue at a rate of $200 per hour (with the first hour being at no cost to Customer).
4. MODIFICATION TO DATA CENTER.
Except for ordinary course work (e.g., installation and removal of servers, routers and similarly sized equipment as part of the normal course of business) upon ten (10) days’ prior written notice, Customer shall submit written plans and requests for any required equipment installation or removal within the Data Center. Licensor reserves the right, in its sole and absolute discretion, to approve or disapprove such plans, provided that if Licensor determines to disapprove such plans it shall provide Customer with specific reasons for its decision.
Modifications to any system within the Data Center shall be made only by Licensor or under its direct control. Customer shall have no right whatsoever to move, install or otherwise use any common system (e.g., electric, HVAC, fire/life safety, communications) without the prior written approval of Licensor. All work to common structures (e.g., ladder rack, floors, ground system, etc.) shall be performed only by Licensor.
5. EQUIPMENT AND CONNECTIONS.
All Customer Equipment must be clearly labeled with Customer’s name (or code name provided to Licensor) and an individual component identification tag. All cables and connections to and from Customer Equipment must be clearly labeled. Licensor reserves the right to remove or disconnect unidentified equipment and cables in the Data Center.
All Customer Equipment must be certified by Underwriters Laboratories (UL Certified) and comply with local building code and applicable regulations of the Federal Communications Commission.
Except for ordinary course work as described above, Customer may not connect or disconnect any Customer Equipment or other equipment except as specifically pre-approved by an authorized employee of Licensor, at least forty-eight (48) hours in advance of the proposed action, unless otherwise approved by Licensor. A Customer which is not then current in its payment obligations to Licensor may not remove any equipment from the Data Center.
Customer must follow hot and cold aisle designations when installing Customer Equipment, and otherwise.
Customer Equipment must be configured and run at all times in compliance with the manufacturer’s specifications, including electrical load, clearance and weight load requirements.
Customer may not place equipment in the Data Center which is materially damaged, is of disputed title or otherwise subject to dispute.
6. SCHEDULED MAINTENANCE.
Routine and ongoing maintenance of systems is critical to the proper and reliable operation of a data center and should be expected by Customer. Periodically, Licensor will conduct scheduled maintenance of its Data Center and/or the Modules, the systems therein and of the Related Data Center Services. Licensor seeks to minimize the impact of such operations on Customer. During such time, the Data Center, the Modules and Related Data Center Services may not function at optimal performance or any performance at all and Customer may be unable to access its data or Customer Equipment. Customer agrees to cooperate with Licensor during scheduled maintenance periods so that Licensor may keep such period of time to a minimum.
7. EMERGENCY PROCEDURES.
In the event Licensor believes in its sole judgment that an emergency situation exists regarding the Data Center, the Customer Business, Customer Area, Customer Equipment and/or Customer Materials, Customer grants Licensor permission to access the Customer Area, Customer Equipment and/or Customer Materials so that Licensor may attempt to remedy the emergency situation. Licensor shall make commercially reasonable efforts to promptly notify Customer of the emergency situation and Licensor shall not be liable for any damage (including, without limitation, damage to the Customer Area, Customer Equipment and/or Customer Materials), caused by Licensor or any third parties in attempting to evaluate or remedy the emergency situation.
Customer and its Representatives may not engage in the following activities (Licensor reserves the right to exclude anyone from the facility who violates the following):
Damage, deface, misuse or abuse any property or equipment in the Data Center;
Act in a careless or reckless manner or otherwise threaten the orderly operation of the Data Center;
Make unauthorized contact or interference with any property or equipment of Licensor or any other customer of Licensor;
Use fraud, artifice or subterfuge to gain access to any area of the Data Center to which they are not authorized;
Harass threaten or harm any individual, including Licensor personnel and representatives of other customers of Licensor; or
Engage in any activity that is in violation of the Law, or aid others in criminal activity while at the Data Center or in connection with the Related Data Center Services; or allow unauthorized access to the Data Center.
9. MODIFICATION OF RULES AND REGULATIONS.
Licensor reserves the right to change these Rules and Regulations at any time, provided that it provides Customer with seven (7) day advance written notice. Customer is responsible for regularly reviewing these Rules and Regulations. The Rules and Regulations are always available in the Data Center. Continued use of the Related Data Center Services following any such changes shall constitute the Customer’s acceptance of such changes.