pairColo - Terms of Service
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 and in any fashion upon thirty days notice to You
through Your designated e-mail contact. If You do not agree to continue
the relationship in light of the change You must let us know within the 30
days and We will discontinue Your services effective the end of the month,
and any unused prepaid service will be refunded to You.
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 collocation 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:
http://www.pair.com/services/colo/procedures.html#delivery
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:
http://www.pair.com/services/colo/procedures.html#acceptableuse
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. Authorized Customer Representatives
You 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.
9. 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.
10. 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 cancel@paircolo.com.
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.
11. 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.
12. 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.
13. Electronic Signature
You will express your consent to Our TOS and Procedures by electronic
signature through the "Yes, I Agree" and "Confirmation - Yes, I Agree"
click through process, which shall be as binding upon You as a written
signature.
