These data center rules (“Agreement” or “Rules”) apply to all data centers (“Data Centers”) owned or leased and operated by Otava, LLC. (“Otava”, “us” or “our”). The terms “you”, “your”, or “Client” shall refer to the individual whose signature appears at the end of this Agreement.
YOU HAVE NO EXPECTATION OF PRIVACY WHEN ENTERING A DATA CENTER. Each Data Center has numerous surveillance cameras spread throughout the Data Center and approaching areas. The cameras record all information, which is electronically stored for as long as we deem necessary. Otava may use this information for any and all relevant business, legal, and technical purposes, including but not limited to monitoring Data Center security. The video or other media gathered during surveillance may be used by us or our auditors and released to law enforcement officials without prior notice to you as deemed appropriate in our sole discretion.
To gain entry into the Data Centers, your representative or agent must have a pass card or fingerprints registered in our biometric device (each, an “Authentication Device”). No entry shall be permitted without a valid Authentication Device. Each pass card issued to a Client or its agents must be returned within five (5) days following (i) termination of this Agreement, (ii) Client’s election to cease using Otava’s services, as set forth in a Sales Order (“Services”) or Data Center, or (iii) Otava’s written request. Otava reserves the right to charge Client a reasonable replacement fee for each pass card not returned in accordance with this Section III. By registering fingerprint(s), you, your representatives, and your agents authorize Otava and its agents to store, record and use such fingerprint(s) for the purpose of authorizing entry into a Data Center.
You will use the Data Center and any designated location in a Data Center (“Colocation Space”) solely for the purpose of installing, maintaining, and operating the equipment and for no other purpose, without Otava’s prior written consent. You will not interfere with, or connect your equipment to that of any customer of Otava or any other tenant or customer within the Data Center, without Otava’s prior written consent.
You will not, without Otava’s prior written approval, commence any installation, interconnection, addition or alteration to the Data Center, the Colocation Space, or the equipment, or undertake any upgrade or modification to the equipment, that might affect the use of the Data Center or other equipment by Otava or any other customer. You will pay or cause to be paid all costs and charges (a) for work done by you or caused to be done by you in or about the Equipment Space, and (b) for all materials furnished for or in connection with such work.
You will, at your own cost and expense, protect, maintain and keep in good order the Colocation Space and any equipment in the Colocation Space, and shall ensure that neither you nor your employees, agents, contractors or invitees damage any part of the Data Center, the Colocation Space, or any equipment located in or about the Data Center.
You agree to protect, defend, indemnify and hold harmless Otava and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Otava directly or indirectly arising from (i) you or your agents’ use of and access to the Data Centers, or (ii) you or your agents’ violation of any provision of this Agreement or the policies or agreements which are incorporated herein. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of the Data Centers. Without in any way limiting the foregoing, you agree to reimburse Otava for any and all reasonable repair or restoration costs associated with damage or destruction caused by your software, hardware, cabling, power supplies or other equipment, your actions or those of your agents, including but not limited to the consequence of removal of your hardware or property installed in the Colocation Space.
The following additional restrictions apply to your access and use of the Data Centers and the Colocation Space. The purpose of these restrictions is to ensure your safety and the security of the Data Centers:
This Agreement is an integral part of your agreement with us. Otava, in its sole discretion, may terminate its relationship with you under this Agreement or any other agreement you have with Otava, for a violation of any of the terms or conditions in this Agreement, provided, however, that if you have signed a Sales Order, the termination of this Agreement shall be consistent with the termination provision set forth in our General Terms of Sale.
We reserve the right to change these Rules at any time and from time to time, provided that we provide you with at least seven (7) days written notice prior to the effective date of such modifications. We shall provide notice by sending you an email to the email address that you provide us in the Sales Order or your customer web portal. You are solely responsible for notifying us of a new email address. Access to the Data Centers will be automatically suspended if such notice is returned as undeliverable.
You are solely responsible for reviewing and complying with these Rules. The most current version of these Rules is available by email request to [email protected], or on the Otava website at www.otava.com/rules-of-use.