Additional Terms & Conditions for
Colocation Customers
This Additional Terms & Conditions Agreement for Colocation
Customers (the "Colocation Customer Agreement" or "Agreement")
is applicable to individuals or companies ("You") who have
placed servers and network devices into one of ISOMEDIA's
colocation facilities. ("Colocation") and established a
connection to ISOMEDIA's colocation network.
This Colocation Customer Agreement is a subsidiary contract
between the parties which shall be integrated into and considered
a part of the Master Terms & Conditions Agreement (the "Master
Agreement").
This Colocation Customer Agreement specifies additional
terms and conditions You agree to abide by when you place
one or more devices into one of ISOMEDIA's colocation facilities.
Neither this Agreement, nor any other agreement between
the parties may be construed as a lease, nor does this Agreement
or any other Agreement between the parties create a tenant-landlord
relationship between the parties. You are paying for the
service of having your equipment hosted in ISOMEDIA facilities
and connected to the internet, power, and cooling systems
of those facilities, you are not renting or leasing space
in those facilities.
By placing one or more devices into one of ISOMEDIA's colocation
facilities, You accept the terms of this Agreement and the
Master Agreement. If You do not agree to be bound by the
terms and conditions in this Agreement and the Master Agreement,
immediately remove all of your devices from the ISOMEDIA
colocation facility.
The Master Agreement describes the process and procedure
for making updates to this Colocation Customer Agreement.
If any part of this Colocation Customer Agreement is found
to be unenforceable or unlawful, then that provision shall
be deemed severable from these terms and conditions and
shall not affect the validity and enforceability of any
remaining provisions.
Continuing to place one or more devices in an ISOMEDIA colocation
facility after 30 calendar days following ISOMEDIA's posting
of any changes to this Colocation Customer Agreement or
the Master Agreement will constitute Your acceptance of
such changes or modifications. If You do not agree to any
changes to this Colocation Customer Agreement, immediately
remove all of your devices from the ISOMEDIA colocation
facility. During the 30 calendar day period beginning on
the day the new Colocation Customer Agreement is posted
at:
http://www.isomedia.com/internet_index/terms_internet_index.shtml.
the pre-existing terms will remain in effect.
A current copy of this Colocation Customer Agreement and
all subsidiary Agreements can be found at:
http://www.isomedia.com/internet_index/terms_internet_index.shtml.
The version of this Colocation Customer Agreement stored
at that URL is considered the current and binding version
of this Agreement and any subsidiary Agreement incorporated
herein by reference.
Additional terms and conditions applicable to You are as
follows:
|
| 1. |
You agree to indemnify and hold harmless ISOMEDIA,
its owners, officers, directors, staff and affiliates against
any claim or action arising from the operation of Your business
or any equipment under Your ownership or control. |
| 2. |
You acknowledge that your equipment is not
insured by ISOMEDIA against loss or damage, nor is ISOMEDIA
responsible for loss or damage of your equipment. You acknowledge
that you understand that this absence of insurance and liability
includes: loss or damage resulting from water, fire, fire
suppression, earthquake, flood, lightning, other acts of
god, electrical faults, terrorism, acts of war or civil
disturbance and/or any other act or effect beyond ISOMEDIA's
control. ISOMEDIA strongly suggests that you insure any
equipment you place into an ISOMEDIA colocation facility
against loss or damage. |
| 3. |
You agree that ISOMEDIA will unilaterally
disconnect without prior notice any device you connect to
the ISOMEDIA network or power infrastructure which malfunctions
or creates abnormal or unacceptable errors or faults in
the network or power systems. |
| 4. |
You agree that ISOMEDIA may withhold access
to your equipment, including seizing that equipment and
removing it from the colocation facility if you fail to
keep your ISOMEDIA account current. If ISOMEDIA is unable
to collect a debt owed by you to ISOMEDIA after reasonable
efforts, ISOMEDIA may, 20 days after mailing notice to you
at your last address known to ISOMEDIA, sell such equipment
at public or private sale to satisfy any amounts owed to
ISOMEDIA. Any equipment left with ISOMEDIA after your contract
ends shall incur a storage charge of $15 per month, and
any equipment which has not been claimed and for which the
storage charge has not been paid for three months shall
be deemed abandoned and may be sold by ISOMEDIA at public
or private sale to pay any sums owed to ISOMEDIA. |
| 5. |
If you are allowed access to ISOMEDIA colocation
facilities you agree that no person will enter ISOMEDIA's
secure colocation facility with your passcode or key without
being under your direct supervision. |
| 6. |
You agree that while You are in any ISOMEDIA
colocation facility You will not touch or interfere with
any piece of equipment including network cabling, network
devices, power cabling, heating or cooling devices, or any
other aspect of the facility that You do not own or control. |
| 7. |
You agree that You will ensure that any security
door or access point you pass through while entering or
leaving a secure ISOMEDIA colocation facility will be closed
and locked behind You after You have passed through that
point. |
| 8. |
You accept all liability for the actions of
any person who enters a secure ISOMEDIA colocation facility
either using Your passcode or key, or due to Your failure
to secure an access point or security door. |
| 9. |
No pets, food or beverages are allowed in
any ISOMEDIA colocation facility (working assistance animals
are allowed in the facilities). |
| 10. |
You agree to surrender any keys or access
codes to any ISOMEDIA colocation facility you possess to
any authorized ISOMEDIA employee on request. |
| 11. |
You will provide proof of identification prior
to being issued keys or access codes to an ISOMEDIA colocation
facility. If any third party enters the facility under your
supervision, you will ensure that all such persons sign
in with the provided log sheet and indicate their full legal
names and the dates and times they were in the facility. |
| 12. |
ISOMEDIA reserves the right to deny access
to its colocation facilities to any person for any reason
at any time. |
| 13. |
You agree that ISOMEDIA reserves the right
to schedule a routine maintenance window for its network during the hours of 12:00am to 4:00am Pacific Time on Thursdays. This may interrupt your services during part or all of this time. ISOMEDIA will attempt to provide You with at least 24 hours advance notification of any outage likely to be created by such maintenance activities. |
| |
Without limiting any other remedies, if You fail to adhere
to the above Colocation Customer Terms & Conditions, ISOMEDIA
may, at its discretion, suspend or terminate any and all
services ISOMEDIA is providing to You. You specifically
waive Your right to sue or ability to subrogate those rights
for any losses. If You and ISOMEDIA enter into a separate
service agreement that provides for a different termination
process, that process will explicitly acknowledge and supercede
this paragraph. |
