These Policies apply to all RC Data Centres. RC is entitled to make changes to the Policies from time to time at its discretion, but RC agrees that any changes to the Policies will not materially and adversely affect each Customer’s use of the Services. Changes to the Policies will be effective immediately upon such change. All capitalized terms not defined elsewhere in the Policies are defined in the Definitions section at the end of the Policies.
For all purposes under the Policies, each Customer has full responsibility and liability for all acts or omissions of its Authorized Persons, Accompanying Persons, and Associated Entities, and all such acts or omissions will be attributed to Customer for all purposes, including for the purposes of determining whether Customer has breached (i.e. failed to abide by) the Policies.
Without limiting the foregoing, each Customer is responsible and must ensure that Customer’s Authorized Persons, Accompanying Persons and Associated Entities do not take any actions that Customer is prohibited from taking under the Policies.
The Policies are not intended to impose upon RC any liability (or obligations) to a Customer for which RC is expressly excluded from being liable (or responsible) for under the MSA for such Customer.
The following terms shall have the respective meanings stated below for the purposes of these Policies only.
Accompanying Person: Each person (other than an employee of RC) accompanied by an Authorized Person while at a RC Data Center.
Associated Entity: Means (i) each individual, company, partnership or other entity of any type which employs, contracts with, or is otherwise associated or affiliated with Customer, Authorized Persons or Accompanying Persons, (ii) any of Customer’s end users and (iii) Sublicenses.
Authorized Person: Each person included on the most recent list of Authorized Persons given to RC by Customer in accordance with the Policies.
Customer’s Equipment: All network, computer and other equipment provided, owned or controlled by Customer, Customer’s Affiliates, Customer’s Authorized Persons, Accompanying Persons or Associated Entities (including wiring and connections between such equipment and Customer’s demarcation equipment) excluding Cross-Connects or RC’s demarcation equipment.
Customer’s Hazardous Materials: (i) asbestos, or any substance containing asbestos; (ii) polychlorinated biphenyls; (iii) lead; (iv) radon; (v) pesticides; (vi) petroleum or any other substances containing hydrocarbons; (vii) any substance which, when on the RC Data Centre(s) or the RC Data Centre Properties, is prohibited by any Environmental Laws; (viii) any other substance, material or waste which, (a) by any environmental Laws requires special handling or notification of any governmental authority in its collection, storage, treatment, or disposal or (b) is defined or classified as hazardous, dangerous or toxic pursuant to any legal requirement.
Licensed Space: The areas which, for Services being provided in a common law jurisdiction, are licensed by Customer under this Agreement and the Orders, and as identified in the Orders as to the amount of space. For each Licensed Space, RC will determine at all times the exact location in the RC Data Centers where the Licensed Space will be located, and RC will notify Customer accordingly.
Laws: All applicable federal, state, local, municipal or other laws, regulations, rules, ordinances, rulings, decrees, orders, directives, requirements, codes (including building codes), as they may be instituted or amended from time to time.
MSA: The Master Service Agreement executed by Customer and RC.
Ports: All wiring, connections, circuitry and utility ports at the POD Equipment.
Services: All services, goods and other offerings provided by RC under an Order pursuant to this Agreement. Service Fees: Charges and fees for Services charged to Customer by RC, exclusive of Taxes.
Sublicensee: A customer of Customer or other third party who sublicenses all or part of the Licensed Space from Customer, if such Licensed Space is in a common-law jurisdiction.
RC: Racks Central Pte Ltd
RC Data Centre Property: The real property on which, and the building in which, an RC Data Centre is located.
Point of Demarcation Equipment or POD Equipment: (i) patch panels, DSk panels for category 5 twisted pair, co-axial, single and multi-mode fiber, or (ii) other appropriate (as reasonably determined by RC) point of demarcation equipment.
Details of RC’s Services are found in our product specifications brochure, which are readily available from your Account Manager. RC also offers the following Services (the “Additional Services”), which are further described below: (i) Cross-Connects; (ii) Power; and (iii) Installation and Procurement of equipment for the Customer. Where products or materials are provided as part of the Additional Services for a Customer, the Customer will be responsible for paying for the cost of the products or materials as well as the other charges associated with the Additional Services.
RC will install Cross-Connects, as ordered by a Customer, so long as the Customer to which the Cross-Connect runs approves such Cross-Connect. In the event that any of a Customer’s Cross-connect is disconnected due to such Customer’s request or due to termination or partial termination of an Order, RC may inform the other Customer of the disconnection. Upon commencement of the notice period preceding expiration or termination of a Customer’s MSA or a Customer’s last Order in a RC Data Centre, RC may notify other Customers to which such Customer is interconnected that such Customer will no longer be present in the RC Data Centre(s) in question as of the date of termination or expiration of the Customer’s MSA or the applicable Order.
2.1 A Customer may order power to the extent offered and approved by RC, subject always to the provisions set forth below. RC will provide two power circuits for diverse power where feasible, for each customer cabinet.
2.2 A Customer’s power consumption of each of the power circuits shall not exceed eighty percent (80%) of the power rating stated in each Order (“the Limit”). In the event that Customer’s power consumption exceeds the Limit, RC reserves the right to impose additional charges on Customer which the Customer shall be liable to pay and based on a power factor of 0.8. Customer shall, within three (3) days’ of notice of such breach from RC, execute an Order in respect of the power used by Customer in excess of what Customer had purchased from RC (the “Excess Power”), failing which, Customer shall be deemed to have accepted such Order and RC shall be entitled to invoice Customer for the Excess Power consumed, in accordance with the terms of the MSA.
2.3 Power circuits and power sockets
(i) Power circuits will be delivered to power sockets located under the floor board. Upon a Customer’s request, RC may supply suitable power distribution units (“Power Strips”) to the Customer.
(ii) Alternatively, the Customer may supply Power Strips which shall conform to local standards for power systems. Where a Customer supplies a Power Strip to power the Customer’s Equipment housed within their cage, rack or cabinet, the Customer shall:
(a) comply with minimum local safety and electrical standards (as agreed with RC);
(b) only connect one Power Strip to the under-floor power outlet;
(c) not connect a Power Strip onto another Power Strip
For the purpose of extending the number of socket outlets available from an electrical circuit (or for any other reason); failing which, RC may request that the Customer removes a Power Strip if RC believes that such Power Strip does not conform to the requisite local safety standards or is in contravention of RC’s Policies.
2.4 Customer shall not engage in Cross-Feeding of power. “Cross-Feeding” means the unauthorized connection of a power circuit to a cabinet, other than the cabinet specified by RC for such use. RC may, where requested by Customer, provide Customer with higher power rating configurations, based on RC’s current pricing for such Additional Services.
2.5 The power configuration of each cabinet within Customer’s Licensed Space must be approved by RC in writing and must comply with:
(i) RC’s engineering guidelines and specifications;
(ii) such requirements prescribed by RC’s landlords from time to time; and
(iii) the laws, regulations, codes and directives that are applicable in the country where the RC Data Centre in question is located.
2.6 RC may independently inspect the power configuration of any cabinet within Customer’s Licensed Space, at any time.
2.7 RC may direct Customer
(i) to alter the power configuration of Customer’s Equipment;
(ii) to disconnect power supply to the Customer’s Equipment; or
(iii) to remove from any Customer’s Equipment, forthwith, if RC in its sole discretion deems that the continued operation of Customer’s Equipment:
(a) causes a threat to safety (including any risk of fire or other hazard) to the operations of the RC Data Centre or the RC Data Centre Property; or
(b) unreasonably interferes with or threatens to interfere with the operations of RC, another Customer or any other person or entity that is licensing, sublicensing, leasing or subleasing space or otherwise utilizing any portion of the RC Data Centre or the RC Data Centre Property.
(c) is not installed in accordance with standard industry practice; and/or
(d) is consuming or has consumed excessive power.
3. Installation and Procurement of equipment for Customer
3.1 Customer may request that (i) RC installs equipment for the Customer; and/or (ii) RC procures equipment as specified by Customer for and on behalf of Customer. RC, at its discretion, may agree to perform such installation and/or procure such work.
1. RC will provide contact information for each Customer to use at any time in the event of an emergency or otherwise as needed by Customer. Each Customer may contact their Account Manager for a copy of the contact telephone numbers in respect of the local RC Data Centre.
2. Each Customer will designate one or more persons whom RC may contact at any time in the event of an emergency, scheduled maintenance notifications or otherwise as needed by RC. Each Customer will provide to RC a means of contacting such persons at any and all times. RC prefers, but does not require, that such contact method be the telephone number of a twenty-four (24) hour operations centre staffed by persons familiar with Customer’s use of the Services, and its Licensed Space and Customer’s Equipment located within Customer’s Licensed Space.
C. NETWORK SYSTEM NUMBERS AND TELECOMMUNICATIONS
Unless otherwise expressly provided in an Order, each Customer will be responsible for obtaining telecommunications services as needed from the carrier of its choice. Unless otherwise expressly provided in an Order, RC will not be responsible for providing or installing such services except that RC will perform Cross-Connects as agreed to by RC and a Customer pursuant to the SA for such Customer.
1. Each Customer will ensure that:
1.1 all of Customer’s Equipment will be installed, operated, maintained and repaired in compliance with all applicable Laws;
1.2 the installation and use of Customer’s Equipment complies with applicable safety codes and product safety agency listings;
1.3 all the cables and wiring in Customer’s Licensed Space (other than any Cross-Connects or RC’s POD Equipment) are neatly wrapped and tied together (If a Customer fails to do so, RC may at its sole option neatly wrap and tie such wires and cables, and RC may charge Customer for doing with a one-time service fees);
1.4 none of Customer’s Equipment is stacked or resting on any of other Customer’s Equipment or the equipment of any other Customer, Sublicensee or third-party;
1.5 all of Customer’s Equipment is securely fixed onto a cabinet or rack in a manner reasonably satisfactory to RC. Any of Customer’s Equipment that is too large or heavy for a rack or cabinet, including but not limited to large servers, will be securely fixed directly to the floor by RC, who may charge Customer for doing so with a one-time service fees.
2. Each Customer may install and maintain Customer Cross-Connects. RC has no obligation to install, maintain or repair any Customer Cross-Connects.
3. If a Customer wants to identify Customer’s Equipment or Customer’s Licensed Space, the means of identification will be subject to RC’s prior approval before Customer uses such means of identification. RC will not identify the location of any Customer’s Equipment in the RC Data Centre, and RC will not be responsible for labeling Ports other than those connecting a Customer’s Equipment to equipment belonging to other Customers at an RC Data Centre.
4. RC will not handle, maintain, use, upgrade, repair or operate a Customer’s Equipment, except in an emergency, where explicitly or implicitly authorized by Customer, or as otherwise permitted in Customer’s MSA or the Policies.
1. Each Customer will:
1.1 use Customer’s Licensed Space only for the purposes of configuring, providing, placing, installing, upgrading, adding, maintaining, repairing and operating Customer’s Equipment in a safe and lawful manner;
1.2 comply with all applicable laws in its use of its Licensed Space, and comply with all signs posted at any time (including changes in such signs) at the RC Data Centres concerning security procedures relating to the RC Data Centres;
1.3 use the restrooms, any shared work area, and any other common spaces in the RC Data Centres and the parking areas outside of the RC Data Centres in accordance with the terms of Customer’s MSA, the Policies and any rules or signs posted by RC in or near such areas;
1.4 maintain Customer’s Licensed Space in an orderly and clean manner and in good repair and condition (reasonable wear and tear only excepted);
1.5 deposit litter in designated trash receptacles or in appropriate locations outside the RC Data Centres;
1.6 behave in a courteous and professional manner within the RC Data Centres and the RC Data Centre Properties;
1.7 immediately notify RC of any damage or risk of damage to the RC Data Centres or the RC Data Centre Properties, or damage to any equipment or property of any person in the RC Data Centres or the RC Data Centre Properties; and/or
1.8 comply with all applicable property control procedures, which may include providing RC with a description and the serial numbers of items brought into a RC Data Centre and/or providing RC with the name, contact number and signature of the person removing such items.
2. Each Customer will ensure that it does not do any of the following:
2.1 install, touch, access, tamper with, damage, adjust, repair, interfere with, or breach the security of, the Licensed Space of other Customers or the equipment, property or services of any other Customers, vendors, contractors or other parties who license, sublicense, lease or sublease space or otherwise utilize space at the RC Data Centres or the RC Data Centre Properties, or provide services or products to those who do;
2.2 alter, tamper with, damage, adjust, repair, interfere with, or breach the security of, the RC Data Centres or the RC Data Centre Properties (including, without limitation, the electrical and other building systems of the RC Data Centres or the RC Data Centre Properties), Customer’s Licensed Space or any equipment or property leased, licensed or owned by RC (including, without limitation, any Cross‐Connects and the RC power distribution system, which only RC will install, repair or alter);
2.3 install or otherwise perform any Cross-Connects;
2.4 affix or maintain labels to any Ports or any POD Equipment that connects Customer’s Equipment to equipment belonging to other Customers (RC will affix and maintain such labels, which will contain information as determined by RC, including circuit identification and other information needed to clearly identify each RC provided Port);
2.5 encumber or obstruct the sidewalks, driveways, yards, entrances, hallways, stairs or any common areas in or around the RC Data Centres or the RC Data Centre Properties;
2.6 store or leave any loose items (including equipment) inside or outside of the Customer’s Licensed Space in the RC Data Centres. If Customer leaves any loose items inside or outside of the Customer’s Licensed Space in the RC Data Centres, RC may so notify the Customer. If the Customer fails to remove or to secure such items within twenty-four (24) hours of such notice, RC may, in addition to any other remedies it may have, remove such items and charge the Customer with a one-time service fees for such removal. If RC removes items pursuant to the prior sentence, RC will temporarily store such items in a safe place for seven (7) days, except that if such items are empty cartons or packaging, RC may discard such items instead of storing them. If the Customer fails to retrieve items stored by RC during such seven (7) day period, the items will, at RC’s sole discretion, either become the property of RC or be discarded by RC at the Customer’s expense;
2.7 unless RC expressly consents, use any common areas at the RC Data Centres or the RC Data Centre Properties (other than a shared work area where RC permits Customers to repair equipment) for any purpose other than ingress and egress to and from the Customer’s Licensed Space;
2.8 use a shared work area that RC permits Customers to use for any purpose other than to repair Customer’s Equipment;
2.9 create any nuisances at the RC Data Centres or the RC Data Centre Properties;
2.10 manufacture, generate, treat, transport, dispose of, release, discharge, or store on, under or about the RC Data Centres, the RC Data Centre Properties or any surrounding properties, any hazardous Materials;
2.11 eat, drink or use tobacco products within the RC Data Centres except within areas designated by RC for such purposes;
2.12 bring recording equipment in, or take photographs of (whether by use of a camera, video camera or otherwise), any part of the RC Data Centres, except for the following limited exception: A Customer in a private cage may request, at the time the Customer’s visit is scheduled, that RC take photographs of Customer’s private cage and Customer’s Equipment within such private cage, but RC will do so only if (i) Customer completes the required documents provided by RC; and (ii) a RC Data Centre staff member takes the photographs with Customer’s recording equipment, and the RC Data Centre staff member at all times controls the recording equipment while it is inside the RC Data Centres;
2.13 place furniture in Customer’s Licensed Space except as permitted by the RC Data Centre Site Manager in his/her reasonable discretion. In the event that Customer places furniture in Customer’s Licensed Space, RC may notify Customer that the furniture must be removed within three (3) days of the notice. If Customer fails to remove the furniture within this three day period, RC may remove the furniture, charge Customer with a one-time service fees for doing so, and store the furniture at Customer’s expense;
2.14 install any surveillance cameras or other surveillance equipment without RC’s prior consent. RC reserves the right to require Customer to remove or relocate any surveillance cameras or surveillance equipment that RC deems to threaten or impede the security of the RC Data Centres (including the security of other RC customers);
2.15 leave combustible material, litter, cartons, packaging or other unnecessary items overnight in or around Customer’s Licensed Space, the RC Data Centres or the RC Data Centre Properties;
2.16 store or leave any equipment in a shared work area or any other common areas at a RC Data Centre, or perform any action in a shared work area or any other common areas at a RC Data Centre which is not permitted in Customer’s Licensed Space;
2.17 install, use, leave, store, or otherwise bring into the Licensed Space, RC Data Centres or the RC Data Centre Properties, any valve regulated lead acid battery.
1. Subject to the terms and conditions of the SA, each Customer will have access to the Licensed Space twenty-four (24) hours per day, three hundred sixty-five (365) days per year.
2. No Customer may attempt to gain fraudulent access to any RC Data Centres or RC website.
3. In the event of an emergency situation at any RC Data Centres or RC Data Centre Properties (e.g., fire, building evacuation, medical emergency, etc.), or drill, each Customer present at the RC Data Centres will be required to follow instructions given by the on-site RC Site Manager, or the designee.
4. Each Customer will provide RC with a list for each RC Data Centre of Authorized Persons who may enter Customer’s Licensed Space in such RC Data Centre. Except where specifically designated otherwise by a Customer, each Authorized Person for a RC Data Centre will have the right to authorize entry by any other person who is accompanied by such Authorized Person at the RC Data Centres. Each Customer will provide RC with written notification of any changes to Customer’s list of Authorized Persons for any RC Data Centres at least one (1) full business day in advance of the effectiveness of such change. RC will refuse entry at a RC Data Centre to any person who is not named on a Customer’s list of Authorized Persons for such RC Data Centre, unless such person is an Accompanying Person. RC reserves the right to refuse or withdraw approval of a person on any Customer’s list for any RC Data Centres if such refusal or withdrawal of approval is reasonable (such as where the person violated or threatens to violate any of the Policies). RC also reserves the right to deny access to an Accompanying Person at a RC Data Centre if the denial is reasonable such as where the Accompanying Person violated or threatens to violate any of the Policies.
5. Each Customer is strongly encouraged (but not required, except as herein set forth) to give twenty-four (24) hours prior notice to RC (through the contact provided by RC) prior to visiting a RC Data Centre. Except in an emergency, any Customer visiting a cage area shared with other Customers will give at least twenty-four (24) hours prior notice to RC.
6. Non-scheduled visits by a Customer may lead to a delay in access or may be denied. For all non-scheduled visits by a Customer, RC at its discretion may require Customer’s administrative contact to call the local RC Data Centre to authorize the person’s entry into the RC Data Centres and Customer’s Licensed Space.
7. For any site tours of RC Data Centres, Customer must, no later than 12 p.m. the day before the requested tour, arrange such site tour with RC and provide RC with the following data: Customer’s organization name; purpose of tour; date/time of tour; names of visitors; authorization to access a specific Licensed Space (for existing Customers only); and any special instructions associated with a specific tour. Tour size is limited to a maximum of five (5) guests and one authorized tour guide on all tours unless RC agrees to accommodate more persons. If so, RC will arrange for one authorized tour guide or RC security officer for every five (5) guests.
8. Access by a Customer to any shared work area (or any other common area where RC permits access by Customers) may be restricted by RC at any time, including when another Customer is in such area.
9. RC may, at its discretion, require any or all Authorized Persons of any Customer to have a full-face photograph taken at the RC Data Centre for purposes of secured identification.
10. Every person who accesses a RC Data Centre must use the then-in-use secure access means to enter and exit the RC Data Centre.
11. Upon any Customer’s entry into a RC Data Centre, RC may (at its discretion) accompany Customer inside the RC Data Centre, and RC may (at its discretion) remain with Customer for the entire time that Customer is in the RC Data Centre. However, Customer will have privacy when Customer is in its Licensed Space, and RC will maintain sufficient distance from Customer at such times that RC will not have access to Customer’s confidential information or activities.
12. RC may access any Customers’ Licensed Space, Cage(s), Cabinet(s), Rack(s) and/or equipment :
12.1 during emergencies and for scheduled maintenance;
12.2 to perform one-time services for Customer;
12.3 as needed to perform those services necessary for the use of the RC Data Centre(s) by some or all Customers;
12.4 as otherwise permitted under Customer’s MSA; and
12.5 if in the reasonable opinion of RC, such access is necessary.
13. If the landlord or owner of a RC Data Centre or an RC Data Centre Property wishes to access, or permit others to access, a Customer’s Licensed Space, RC will accompany such persons during such visit and Customer shall, if practicable, receive advance notice from RC and have an opportunity to be present.
14. RC may deny RC Data Centre access to Authorized Persons and Accompanying Persons who do not have a business purpose at a RC Data Centre where access is requested.
15. RC reserves the right to exclude or expel from the RC Data Centres any person who is in possession of alcohol, drugs or any other intoxicating substances, or in RC’s judgment, is under the influence of alcohol, drugs or any other intoxicating substances.
16. RC reserves the right to exclude or expel from the RC Data Centres any person who poses, in RC’s judgment, risk to persons or property in the RC Data Centres or RC Data Centre Properties.
17. RC may deny RC Data Centre(s) access to Authorized Persons and Accompanying Persons or other visitors who are not dressed in appropriate footwear. In particular, it is required that Authorized Persons and Accompanying Persons or visitors must be clad in hygienic closed-toed footwear.
G. SHIPPING POLICIES
1. The shipping policies are subject to change by RC without notice, and such changes are effective immediately.
2. Each Customer is responsible for, among other things :
2.1 scheduling with a shipper all shipments for Customer from and to the RC Data Centres;
2.2 paying all fees associated with the shipments, including all shipping, retrieval and related fees charged by the shipper;
2.3 completing all necessary paperwork for the shipments; and
2.4 notifying the shipper that all shipments will be shipped to, or retrieved from, the shipping/receiving areas designated by RC for each RC Data Centre. No shipments of any size will be accepted in an RC Data Centre lobby.
3. Each Customer is also responsible for notifying its shippers of all shipping rules for any multi-tenant buildings in which RC Data Centres are located. If a RC Data Centre is in a multi-tenant building, shippers are responsible for conforming to all shipping rules of that building, and the local RC Data Centres will provide a Customer, upon request, with the specific shipping rules for each multi-‐tenant building in which a RC Data Centre is located.
4. Each Customer will ensure that all shipments (including the boxes) are clearly labelled with the company name and/or identifier of Customer. Unidentified packages will not be accepted.
5. Each Customer that wishes to ship items from or to a RC Data Centre will schedule with RC the incoming or outgoing shipment at least 24 hours in advance (and at least three business days in advance where the RC Data Centre is in a multi-tenant building). For incoming shipments only, a Customer may also (under the same timeframes set forth above) schedule the shipments by phone through the local RC Data Centre. Except as provided in the next paragraph, only timely scheduled shipments to a RC Data Centre will be accepted.
6. Emergency shipments to an RC Data Centre must be scheduled directly by calling the local RC Data Centre. If such advance notification is provided to RC, RC will make reasonable efforts to accommodate after-hours emergency deliveries.
7. Each Customer will ensure that all shipments for Customer to or from RC Data Centres where RC is the sole tenant in the building will be made during business hours (Monday – Friday), from 9:00 am until 5:00 pm (local time). Shipment times may vary for multi-tenant buildings in which RC Data Centres are located. The local RC Data Centre will provide each Customer, upon request, with the specific shipping times for such multi-tenant buildings, and each Customer will ensure that all shipments to such buildings comply with the applicable shipping rules.
8. RC reserves the right to visually and/or physically inspect any and all shipments to or from the RC Data Centres when such shipments arrive at the shipping/receiving area. Shipments containing liquids, combustibles and any hazardous Materials will not be accepted at any time nor will delivery of visibly damaged shipments be accepted.
9. At the time of RC’s inspection of any shipments to or from the RC Data Centres, RC may record serial numbers for such equipment. Accordingly, when packing equipment for shipping on the instructions of Customer, each Customer should be aware that RC personnel will need access to the serial numbers on such equipment being shipped, and should seal boxes after serial numbers are recorded.
10. Customers are requested to contact the local RC Data Centre to extend or cancel the shipment receipt date if the shipment does not arrive at the scheduled time.
11. Customers are responsible for moving their shipments from the shipping/receiving area (or secure storage area where they are placed by RC at Customer’s expense with one-time service fees if the shipment is not removed by Customer immediately upon its arrival) to their Licensed Space and from their Licensed Space to the shipping/receiving area. If a Customer wishes for RC to perform such functions as well as packing or unpacking the shipments and disposing of packing materials, a Customer may do so with one-time service fees.
12. Except where RC removes the packing materials as part of a Customer’s one-time service order, each Customer is required to take all packing materials to the shipping/receiving area or other designated area for disposal immediately after completing installation. Cardboard and packing materials are not to be stored in cages.
13. Customers will move the shipments from the shipping/receiving area (or secure storage area where they are placed by RC) to Customer’s Licensed Space within three business days after notification of arrival (the local RC Data Centre ordinarily will contact a Customer by email and/or phone within 12 hours after arrival). Moving equipment will be available to assist Customer, if necessary (trolleys, hand trucks, etc.), if a Customer schedules the use of such moving equipment with RC at the shipping/receiving area.
14. If a Customer has not retrieved its shipment from a secured area 48 hours after the shipment has arrived, the local RC Data Centre will notify Customer that if the shipment is not retrieved before the three business days has elapsed (the clock starts running from notification of arrival), the shipment may, at RC’s sole discretion, be returned to the “shipped from” address at Customer’s expense with a one-time service fees or sent for storage at Customer’s expense.
15. Unless prior arrangements are made with RC by a Customer during the original request (or one-time service fees paid for RC to move the shipment to Customer’s Licensed Space), RC reserves the right to ship the shipment back to the “shipped from” address, at Customer’s expense, three business days after notification of arrival.
16. RC shall not be responsible or liable for any missing equipment or damage to, equipment, which may occur during the packaging and/or shipment of such equipment.
H. ACCEPTABLE USE POLICY (“AUP”)
1. This AUP is intended to protect Customers and the Internet community from the inappropriate use of RC’s computing/network services and the Internet.
2. Customers, and its end users or any third party that uses its services, shall not:
2.1 Use the Services to accept, transmit or distribute unsolicited bulk data (which includes, without limitation, e-mail, bulletin boards, newsgroups, software, files) or otherwise send, or facilitate the sending of unsolicited commercial email (“UCE”) and mail bombs to any person or system in a way that could be expected to adversely impact RC’s network or facilities, or may potentially encroach on a third party’s intellectual property rights or any rights of publicity or privacy; The only circumstances in which the Services may be used to send unsolicited data of an advertising or promotional nature is where the unsolicited data is sent to persons with whom the sender has a pre-existing business, professional or personal relationship or to persons who have previously indicated their consent to receive data from the sender from time to time, for example by ticking a box to that effect on the sender’s web site. Unless these requirements are met, users must not send unsolicited bulk data through the Services. If these requirements are met, the user must also provide an unsubscribe function on their web site (and make this function known to recipients in the relevant data) which allows those recipients to be removed from that mailing list.
2.2 Attempt to connect to any third-party systems without prior permission or arrangement;
2.3 Use the Services in a manner which is intended to abuse or to violate the property rights of others, including, without limitation, activities which result in the distribution of viruses, worms, time bombs, Trojan horses, cancelbots, or other destructive activities like Denial of Services (“DOS”) attacks, or scanning or any form of probing or automated network status polls or information collection of a third party’s network or system without prior permission, intentional or otherwise;
2.4 Use the Services to conduct any other activities, which in RC’s view are detrimental to its Customers and/or its own operations.
2.5 Use the Services to: –
(i) send data, or cause data to be sent, to or through S-IPC that hides or obscures the source of the data, that contains invalid or forged headers or domain names or deceptive addressing; and (ii) relay data from a third party’s mail server without permission or which employs similar techniques to hide or obscure the source of the data; and
2.6 Violate or attempt to violate the security of the Services, including without limitation, attempting to interfere with, disrupt or disable services to any user, host or network, including but not limited to via means of overloading, “flooding”, “mail bombing” or “crashing”.
3. Customers shall immediately notify RC Abuse Response Team (“ART”) through the local RC Data Centre of any unauthorized access or attempted breach of security. Alternatively, a Customer may report violations of this AUP to the RC Abuse Response Team by email to email@example.com
4. Each Customer is responsible for ensuring that its Customer’s Equipment are configured in a secure manner. Customers should not, through action or inaction, allow others to use its network for illegal or inappropriate activities.
5. RC shall not be obliged to intervene in the event a host or network address which is assigned to a Customer is being blocked or blacklisted by other internet service providers or policing bodies.
6. Upon discovery of a security breach affecting a Customer, or upon RC ART being notified about a security complaint affecting a Customer, that Customer shall take immediate steps to rectify the compromised systems. It is the Customer’s responsibility to ensure that all its computers and network equipment, as well as its Customer’s Equipment that utilize a RC assigned network address, is in the opinion of RC, reasonably free from viruses, worms, trojan-horses, scanning codes and other malicious systems/software.
7. For event(s) that do not critically impact on the operations of RC’s network or other Customers’ systems, RC shall issue written notices to the defaulting Customer regarding this violation of AUP. The defaulting Customer shall make all necessary rectification to its equipment within fourteen (14) days from the date of issuance of the written notice.
8. For event(s) that critically impact on the operations of RC’s network and/or other Customers’ systems, RC may, at its sole discretion remove or disable Customer’s network connections, block network addresses, or suspend all Services to Customer with or without prior notice to Customer. Service suspension by RC due to breach of this AUP shall not prejudice any of RC’s rights under the SA.
9. RC shall not be liable for any loss, expense, costs or damages of any nature suffered by any Customer resulting in whole or in part from RC’s exercise of its rights under this AUP. By using the Services, Customer agrees to waive and hold harmless RC from any claims relating to any action taken by RC under this AUP including conduct of investigation, issuing of warnings, refusal to post materials, removal of material, or suspension or termination of services, or other appropriate action.