- In order to access all Facilities, Customer will provide 365 with a primary contact person (the “Primary Contact”). The Primary Contact will be granted access to 365 Customer Access List (the “CAL”). The Primary Contact will add those named individuals (each, an “Authorized Customer Rep”) who (a) shall be granted access to specific 365 locations where Customer has Licensed Space and has approved access and (b) can submit work orders or requests to 365 relating to the Licensed Space or the Building (each, a “Work Order”). Customer’s Primary Contact may designate in writing up to two additional Primary Contacts having authorization to add/remove Authorized Customer Reps from CAL. It is the responsibility of each Customer to manage the CAL.
- 365 provides access to its facilities 24 hours per day, 7 days a week, except in the event of an emergency. Customers have the right to access the Facilities at all times in order to install, operate or maintain their equipment, subject to the provisions in this Customer Access section.
- The Primary Contact is responsible for adding Authorized Customer Reps to the CAL in advance of their visit to the Building. Any visitor to the Building and the Licensed Space whose name does not appear on CAL must be accompanied at all times by an Authorized Customer Rep. All issued identification must be worn at all times while in the Building. Any access card may be used only by the individual to whom it has been issued for obtaining access to the Building and the Licensed Space. Access cards may not be loaned or exchanged between individuals for any reason. Abuse or misuse of access cards may result in removal from the Building and denial of future access. Except as provided in this Paragraph 3, at no time shall Customer or any Authorized Customer Rep grant access to the Building or the Licensed Space to anyone. Customer shall cooperate in maintaining the security of the Building and the Licensed Space by restricting access to authorized personnel.
- Notwithstanding the above provisions, 365 may require access to the Licensed Space in order to install or maintain equipment or infrastructure to support the Facilities.
Use of Space
- 365 grants Customers access to and the right to use its Facilities to accommodate Customer Property through the MSA and Service Orders. These agreements do not grant to Customers or any other third parties any real property or leasehold interest in the space. Customers shall assume responsibility for any loss or damage caused by Customer’s Representatives.
- Customer shall maintain the space in a neat and orderly manner and shall promptly remove all trash, packing materials, boxes, etc. that Customer has brought or had delivered to the Building. If the box or material is not removed by the expiration of the agreed upon time or an extension is not granted by 365, the box or material will be removed from the Customer’s Licensed Space and stored in a secure location. There may be a nominal charge for this action which is necessary to maintain the safety and integrity of the site with respect local codes and requirements.
- The following items are banned from the Building, and Customer agrees not to bring these items into the Building or the Licensed Space: alcohol, cameras (smart phones allowed), controlled substances, explosives, flammable liquids, gases or chemicals, tape recorders, chemical agents, weapons of any kind, wet cell batteries and all similar equipment and materials. Should any Hazardous Materials be released in or around the 365 Premises, Customer shall promptly notify 365 and be responsible for removal or clean up.
- There is no smoking permitted in the Building. There is also no smoking permitted in front of the Building front entrance.
- No food or drink shall be allowed on the Premises. Alcohol and illegal controlled substances shall not be allowed on the Premises. No person under the influence of these substances is permitted on the Premises.
- Customer, Authorized Customer Reps, authorized visitors and guests shall not obstruct corridors, halls, stairways, sidewalks, building entrance ramps, or site driveways at any time. Corridors, halls, stairways, sidewalks, building entrance ramps and site driveways shall be used for egress and ingress only.
- Customer shall not paint or affix advertisements, identifying signs or other notices on any part of the corridors, doors, public areas, common areas or the Premises or any portion thereof without prior approval of 365.
- Customer shall be allowed the non-exclusive use of designated common areas of the Building (bathrooms, coffee station, hallways, etc.). Customer and Customer’s Representatives shall not conduct activities in common areas that interfere with the activities of other Customers of the Building or 365. Customer should make a concerted effort to keep all such areas clean and neat at all times.
- Customers may not engage in any illegal conduct within 365 facilities. Such conduct includes, but is not limited to: altering, adjusting, repairing or tampering with anything other than their own property, especially for the purpose of attempting to fraudulently obtain service from 365 of from or for another customer; unauthorized alteration, destruction, or access to information or systems belonging to 365 or another customer; using their own equipment in violation of the law or in aid of any unlawful act or in any manner that interferes with the use of the Facility, 365 distribution infrastructure or any manner that is not in accordance with the generally accepted standards of Internet access and use (“illegal conduct”). In the event that 365 identifies any such illegal conduct, the offending customer must take immediate steps to eliminate the problem, understanding that 365 reserves the right to disconnect any equipment should a solution not be found in a reasonable time.
- Customer shall not touch, access, tamper or interfere with the space, equipment or property of 365 or any other customer.
- In order to maximize the efficient use of each of its Facilities, 365 may need to have certain equipment relocated to comparable space within a given location or Building (although such occurrences are extremely rare). Whenever such moves are deemed necessary, 365 shall provide notice fifteen days in advance or whatever is reasonably practicable in the given situation and shall work in good faith with the affected customers to minimize any service disruptions. In the unlikely event of an emergency or hazard, 365 shall take whatever steps are necessary to address the problem, including the relocation of equipment, and shall provide notice to the affected customers as soon as possible thereafter. 365 shall be responsible for the physical move and costs related to relocating the equipment except where the relocation was caused by the Customer. 365 shall only invoice Customers for moves that are due to Customer’s breach.
Shipping and Receiving
- It is the Customer’s responsibility to have an Authorized Customer Rep available to receive any shipments addressed to a Customer or to open an authorized ticket with 365 to authorize a 365 representative to sign for and accept shipment on behalf of the Customer. Depending on the size of the shipment and the time required by the 365 representative there may be associated charges. 365 shall have no obligation, responsibility or liability with respect to any shipments made by or on behalf of a Customer, and all liability and responsibility shall be Customer’s.
Customer Property Installation, Maintenance and Operations
- Customer may either install its own Customer Property or may request Remote Hands Services from 365 to complete the installation, provided that in either case Customer must provide a detailed drawing of the installation for review and approval by 365 not less than fifteen days prior to installation. For any additions or replacements, Customers must also provide a revised installation plan.
- All customer installations must meet facility-specific infrastructure templates and requirements, including but not limited to projected floor load specifications. In addition, all Customer Property must fit inside the Licensed Space and be UL approved. 365 reserves the right to require adjustments to Customer Property configurations in order to meet facility specifications.
- All cabling used by Customer must meet national electrical and fire standards. All cables must be clearly labeled. No exposed cables shall be installed under raised flooring.
- No work shall be done below the raised floor area without the prior written approval of 365.
- Customer shall not place or leave any Customer Property or other items outside the Licensed Space without the express written consent of 365.
- Customer shall maintain and operate the Customer Property in a safe manner, so as to avoid interference, physical or electronic, with other occupants of the Building and their equipment. Customer shall not disrupt, adversely affect or interfere, physically or electronically, with other occupants or with any other occupant’s use and enjoyment of such customer’s space within the Building or the common areas of the Building. Any interference, physical or electronic, caused to the equipment of other occupants by the installation, operation, maintenance replacement or repair of Customer Property shall result in the immediate disconnection and removal of such Customer Property by 365 Services, at Customer’s sole risk, cost and expense. 365 reserves the right to take other reasonable actions to prevent such interference.
- Upon notice from 365 that Customer Property is interfering or impacting 365 Services’ operations, Customer shall cooperate with 365 to resolve any issues, at Customer’s sole risk, cost and expense.
Removal of Customer Property
- If Customer intends to remove Customer Property from the Licensed Space, Customer is required to submit a duly completed Property Removal Form at least two days prior to removal.
- Upon the expiration or earlier termination of the MSA or Service Orders, Customer shall remove all Customer Property from the Licensed Space within five days of termination. Customer shall repair or reimburse 365 for the reasonable costs to repair any damage caused by Customer during the course of any installation or such removal by the last day of the Term.
- 365 shall provide certain telecommunications racks, A/C and D/C power and air conditioned environment in the Meet-Me Room. 365 shall control the access of all telecommunications carriers entering the Building through its main point of entry and require any and all telecommunication carriers to terminate in the Meet-Me Room.
- 365 shall make available access to all telecommunications carriers to its Customers and other occupants at the Premises. 365 owns and has sole and exclusive rights to the conduit infrastructure entering the Premises and connecting all data center rooms located throughout the Premises to the Meet-Me Room. 365 also has the right to determine, in its sole discretion, which telecommunications providers shall be permitted access to the Premises. All telecommunications providers shall be required to enter into an agreement with the 365 for space within the Meet-Me Room and use of the conduit infrastructure.
- All cabling and patch panels are to be installed at the sole expense of the Customer between the Meet-Me Room and the Licensed Space.
- All Cross-Connects between Customers shall utilize the distribution infrastructure or Meet-Me Room, as applicable. 365 shall closely monitor these connections to each network or distribution infrastructure.
Scheduled Maintenance; Emergency Maintenance
- Prior to any scheduled inspection or repair that may affect service (the “Scheduled Maintenance”), 365 shall use commercially reasonable efforts to provide three (3) days’ written notice to Customers.
- 365 reserves the right to perform emergency or unscheduled maintenance on an as-needed basis and shall provide as much prior notice as possible.
- Customer shall send an e-mail request to the site specific service alias service-[site code]@365main.com in connection with any Service Change Orders or any facilities issues regarding the Licensed Space that are the obligation of 365 hereunder.
- Customer recognizes that Customer is responsible for the security of the Customer Property and acknowledges and agrees that 365 and its Affiliates shall not have any liability (and Customer hereby waives any claim based on any such liability) on the part of 365 and its Affiliates to Customer, any persons visiting the Building, or any other person or entity with respect to any loss by theft, injury or loss of life, or any other damage suffered or incurred in connection with any entry into the Building or any other breach of security with respect to the Building.
Fire Detection and Suppression
- 365 shall maintain a fire detection system in the Premises and, in some Facilities, a double interlock pre-action system. In addition, 365 shall provide and maintain fire extinguishers in the Building, including clean agent extinguishers for use in “mission critical” portions of the Building, as determined by 365. Customer acknowledges that it has reviewed and approved the smoke detection and fire suppression systems prior to the date hereof.
- Customers shall provide thirty days’ prior written notice to 365 prior to any disconnect upon termination of the applicable MSA term, Service Order Term or month-to-month term. The stop-bill date shall be thirty days following the disconnect order acceptance acknowledgement by 365 or the Customer requested date, whichever is later.
Compliance with Policies and Procedures
- Without limiting 365 or rights and remedies under contract, at law or in equity, failure by Customer or Customer’s Representatives to comply with the Policies and Procedures in effect from time to time may result in (a) removal of Customer or any Customer Representative from the Building, (b) restriction of Customer’s access to the Building, (c) Customer’s power or connectivity being restricted or disconnected, and/or (d) impositions of additional charges.
- 365 reserves the right, in 365’s sole discretion, to amend these Policies and Procedures at any time. Customer acknowledges that the Policies and Procedures are subject to change from time to time. 365 shall provide to Customer written notice of any such additions or amendments to the Policies and Procedures.