pairColo® - Colocation and Network Services
These Terms of Service ("TOS") define the legal rights and obligations between the customer ("You", "Your", etc.) and pair Networks, Inc. d/b/a pairColo ("We", "Us", "Our" etc.). The TOS may be amended or modified by pairColo at any time.
1. The Services
We will provide You with a limited license to occupy designated space within Our data center(s) and designated rack space with associated network interface. No real estate leasehold or rights are given or implied by these TOS. We will support your co-location needs with bandwidth, electricity, back up power, and security that We provide to Our own network servers within our data center(s).
2. Delivery and Vistor Procedures & Standards
Each time You send equipment to Us, or visit Our datacenter, You must follow the "pairColo Delivery and Visitor Procedures" in effect at the time. These procedures are found at:
All equipment must be UL rated and We reserve the right to refuse or reject any equipment which We deem to be unsafe or a threat to Our network.
3. Acceptable Use
By accepting this service You stipulate and agree that you have read Our Acceptable Use rules at:
and You agree to be bound thereby and by amendments thereto. You also accept responsibility for maintaining industry standard safeguards and practices to prevent others from using Your equipment to the detriment of others.
4. Cooperation With Authorities
We maintain a policy of reasonable cooperation with government authorities and You are hereby notified that under the PATRIOT Act, court orders, and other laws, We may be prohibited from notifying You of a subpoena or similar request for information regarding Your account, equipment, payment methods and history, and the data stored within your co-location. We have no obligation to resist or frustrate any government inquiry and You release Us from any claim arising from the disclosure by Us of Your account information, payment methods or history, and data, and/or access to Your equipment by government authorities in response to a government demand or request.
5. Scheduled Service Interruptions & Emergency Disconnects
We will from time to time briefly interrupt service to perform maintenance and We will exercise reasonable efforts to inform You before doing so. We will restore the system as promptly as possible. No compensation will be due to You for scheduled service interruptions.
We also reserve the right to disconnect your co-location on an emergency basis when in good faith We believe that continued operation is a danger to Our network, other customers, or the Internet using public as a whole.
Where We are threatened with legal action arising from alleged abuse by You, or alleged violation of intellectual property rights of others by You or those with access to Your co-location, We have the right to discontinue service in order to avoid or reduce the risk that We will be included as a defendant or otherwise held accountable for Your misconduct or negligence.
6. Customer Duties
You are responsible for paying Your account promptly and also agree to indemnify and hold Us harmless from any claims or expenses arising from the misuse, abuse, negligence, or otherwise from operation of Your co-location. You authorize Us to collect such charges through Your credit card.
You are also responsible for maintaining security, for maintaining patches and disaster recovery systems, and for maintaining backups of Your data.
7. Use of and Access to Space, Facility and Equipment
You may not set up Your hardware until the first month payment has been received by Us. You will place in the co-location only such equipment and software as We approve in our sole discretion and subject to Our specifications and configuration protocols. You will have access to Your co-location in conformity with the published procedures and during regular business hours by appointment. You authorize Us to access Your co-location and equipment/software at Our discretion and as needed to meet Our responsibilities hereunder.
8. General Facility and Cabinet Rules
- No eating, drinking, or smoking in the facility except in areas designated by pair Networks.
- No weapons, mace, alcohol, or drugs may be brought into the facility.
- No persons under the age of 16 years may enter facilities.
- Any individual attempting to access restricted areas or found to be in violation of these rules while in the facility will have their access rights immediately terminated.
- No photographing or filming any areas in the facility or the entrances to the facility without pair Networks' prior written consent.
- Combustible materials such as paper or cardboard may not be stored in customer cabinets or racks, and customer cabinets and racks must be kept clear of debris and spare equipment at all times.
- No boxes or equipment may be stored in facilities. Subject to availability, arrangements for storage may be made through pair Networks.
- Customer is responsible for keeping their cabinets and/or racks in compliance with all OSHA requirements.
- Removal of ceiling tiles is not allowed except by a pair Networks representative. No one is permitted above the ceiling tiles except a pair Networks representative.
- Roof access is not permitted.
- Access badges must be worn and clearly visible at all times while in the facility.
9. Authorized Customer RepresentativesYou will provide to Us, and keep current a list of the person(s) authorized to access and control the account and Your property. We have the absolute right to rely upon this list and will deny access to anyone who is not so designated. If We are required to involve legal counsel to sort out actual ownership of equipment, software or data the cost of this will be charged to You.
10. Disclaimers and Warranties
We are not liable for any property, equipment, software, consequential, incidental, punitive, or other damages, under any circumstances. The rate for Our service is based, in part, upon Your waiver of such damages and You freely acknowledge and consent to this limitation on Your remedies. Our maximum liability arising out of or related to this agreement will not exceed the total amount of fees billed to You during the six months preceding the claimed breach.
11. Term and Termination/Removal of Equipment
The term of this relationship shall either be month to month or year to year depending upon Your choice of program and term. Unless cancelled by You or Us, your selected term automatically renews, at the then applicable rates, at the end of each term.
Your notice of termination must be submitted to email@example.com thirty days or more before the effective date of the termination.
Assuming You are current in Your account, and subject to reasonable notice and an appointment, You will be allowed to remove Your personally owned equipment from Our datacenter(s). However, We reserve the right to do the actual installation and removal to assure that it is done properly should we believe this to be necessary for safety and/or system security.
Your payment obligation will continue until such time as your equipment is removed from Our premises.
If an account is terminated, and Your equipment is not removed within 30 days We may remove the equipment to an off site location and if not claimed by You the equipment will be discarded without any liability to Us.
12. Charges and Credits
Your Service Agreement becomes effective, and Billing begins, the day Your hardware arrives or is installed, or 30 days after the Service Contract has been submitted, whichever occurs sooner. You agree to be bound by the pairColo billing policy at http://www.pair.com/services/colo/procedures.html#billing.
13. Other Terms
This Agreement, with the Procedures and Approved Use Policy at http://www.pair.com/services/colo/procedures.html constitute the entire Agreement between Us and is deemed to have been entered into in Pittsburgh, Allegheny County, Commonwealth of Pennsylvania, USA, which is the exclusive jurisdiction for any court action with the laws of Pennsylvania and the United States to be controlling. You further agree that should We be required to enforce Our rights under this Agreement through court action We will also be entitled to an additional award equal to the reasonable legal fees and related expenses incurred by Us in doing so.
We reserve the right at Our sole discretion to change the rules and procedures regarding the operation and security of our data centers and will notify You when such changes are made. Changes to Your price for services, or bundle of services selected, will not be altered except upon contract renewal and then only with Your express consent.