This acceptable use policy ("AUP") covers (1) Dacentec's customers ("Customer") (and the Customer's customers, agents and users) use of and access to Dacentec's Services and/or facilities (e.g. Data Centers); and (2) Dacentec's maintenance of the services it provides to its Customers.
Only those individuals identified in writing by Customer on the Customer Registration Form ("Representatives") may access the Data Centers. Customer shal deliver prior written notice to Dacentec of any changes to the Customer Registration Form and the list of Representatives. Customer and its Representatives shal not allow any unauthorized persons to have access to or enter any Data Centers. Customer and its Representatives may only access the Customer Area, unless otherwise approved and accompanied by an authorized Dacentec representative.
Conduct at the Data Centers. Customer and its Representatives agree to adhere to and abide by all
security and safety measures established by Dacentec. Customer and its Representatives shall also
not do or participate in any of the following: (1) misuse or abuse any Dacentec property or
equipment or third party equipment; (2) make any unauthorized use of or interfere with any property
or equipment of any other Dacentec customer; (3) harass any individual, including Dacentec
personnel and representatives of other Dacentec customers; or (4) engage in any activity that is in
violation of the law or aids or assists any criminal activity while on Dacentec property or in
connection with the Data Center Services.
Prohibited Items. Customer and its Representatives shal keep each Customer Space clean at all times. It is each Customer's responsibility to keep its space clean and free and clear of debris and refuse. Customer shal not, except as otherwise agreed to in writing by Dacentec, (1) place any computer hardware or other equipment in the Customer Space that has not been identified in writing to Dacentec; (2) store any paper products or other combustible materials of any kind in the Customer Space (other than equipment manuals); and (3) bring any Prohibited Materials (as defined below) into the Premises. "Prohibited Materials" shal include, but not limited to, the following and any similar items:
food and drink;
explosives and weapons;
alcohol, il egal drugs and other intoxicants;
electro-magnetic devices which could unreasonably interfere with computer and telecommunications equipment;
radioactive materials; and
photographic or recording equipment of any kind (other than tape back-up equipment).
Customer Equipment. Each connection to and from a piece of Customer Equipment shal be clearly
labeled with Customer's name (or code name provided in writing to Dacentec) at the starting and
ending point of the connection. Customer Equipment must be configured and run at all times in
compliance with the manufacturer's specifications, including power outlet, power consumption and
clearance requirements. Customer must use its best efforts to provide Dacentec with at least 48
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Annex 3 Acceptable Use Policy Dacentec (V1.0)
hours prior notice any time it intends to connect or disconnect any Customer Equipment or other equipment.
Dacentec wil conduct routine scheduled maintenance of its Premises only according to its regularly scheduled maintenance schedule. In the event a mission critical maintenance situation arises, Dacentec may be required to perform emergency maintenance at any time. During these scheduled and emergency maintenance periods, Customer's Equipment may be unable to transmit and receive data, and Customer may be unable to access the Customer Equipment. Customer agrees to cooperate with Dacentec during the scheduled and emergency maintenance periods.
Customer Content. Customer acknowledges that Dacentec exercises no control whatsoever over
the content of the information passing through Customer's site(s) and that it is the sole responsibility
of Customer to ensure that the information it and its users transmit and receive complies with al
applicable laws and regulations and this AUP.
Prohibited Activities. Customer will not, and wil not permit any persons ("Users") using Customer's online facilities and/or services, including, but not limited to, Customer's Web site(s) and transmission capabilities, to do any of the following ("Prohibited Activities"):
send unsolicited commercial messages or communications in any form ("SPAM");
engage in any activities or actions that infringe or misappropriate the intel ectual property rights of others, including, but not limited to, using third party copyrighted materials without appropriate permission, using third party trademarks without appropriate permission or attribution, and using or distributing third party information protected as a trade secret information in violation of a duty of confidentiality;
engage in any activities or actions that would violate the personal privacy rights of others, including, but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
send, post or host harassing, abusive, libelous or obscene materials or assist in any similar activities related thereto;
intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses;
engage in any activities or actions intended to withhold or cloak Customer's or its Users' identity or contact information;
use the Dacentec connectivity services for any il egal purposes, in violation of any applicable laws or regulations or in violation of the rules of any other service providers, web sites, chat rooms or the like; and
assist or permit any persons in engaging in any of the activities described above.
If Customer becomes aware of any Prohibited Activities, Customer wil use best efforts to remedy such Prohibited Activities immediately, including, if necessary, limiting or terminating User's access to Customer's online facilities.
Customers, not by Dacentec's Customers themselves. Dacentec requires its Customers to use
policies similar to this AUP and wil work with its Customers to resolve violations. Dacentec wil take
the following actions to document and resolve each Complaint received by Dacentec related to a
Customer or its Users.
First Complaint. Upon receipt of the initial complaint from a third party regarding Prohibited Activity by a Customer or its User, Dacentec wil send a letter (the "First Letter") to the complaining third party that describes Dacentec's policies related to the Prohibited Activity and lists the contact information for the Customer and encloses a copy of the original Complaint received by Dacentec. Dacentec also will deliver notice of the Complaint to the Customer by sending a copy of the same letter to the Customer via e-mail to its abuse address so that Customer can identify and remedy the Prohibited Activity. Dacentec's goal is to put the complainant directly in touch with the party in the best position to remedy the problem, Dacentec's Customer who has the relationship with the alleged violator.
Second Complaint. Upon receipt of a second complaint after the date of the First Letter related to the same or similar Prohibited Activity of Customer described in the First Letter that clearly indicates that the Prohibited Activity continued after the date of the First Letter, Dacentec will send a second letter (the "Second Letter") with a copy of the second complaint to the Customer and request that Customer respond in writing to Dacentec with an explanation and timeline of the actions to be taken by Customer to remedy Prohibited Activity. In the event that Customer does not respond to the Dacentec's Second Letter and remedy the Prohibited Activity within ten (10) business days, Dacentec wil bil Customer in the following month $500 to cover Dacentec' administrative costs associated with the Prohibited Activities of Customer.
Third Complaint. Upon receipt of a third complaint after the date of the Second Letter related to the same or similar Prohibited Activity of Customer described in the Second Letter that clearly indicates that the Prohibited Activity continued after the date of the First Letter, Dacentec will send a third and final letter (the "Third Letter") with a copy of the third complaint to the Customer and request again that the Prohibited Activity cease immediately. In the event that the Prohibited Activity does not cease within five (5) business days, Dacentec will terminate or suspend its connectivity service to its Customer, and will only resume providing service when it receives adequate assurances that such activity wil not continue. Dacentec wil also bil its Customer $5,000 to cover Dacentec's administrative costs associated with the Prohibited Activities.