Devices (referred to as “Collocated Device” whether one or more) owned by Customer and described in the Service Description part of the Agreement will be accepted by ClearData for placement in its data center as part of the hardware configuration provided by ClearData, subject to the terms and conditions set forth below. All services provided by ClearData in connection with the Collocation Device shall be referred to as “Collocation Services”
A. Collocation Service. The monthly recurring fee for the Collocation Service is specified in the Service Order and is incorporated herewith by reference. The Collocation Service includes the following:
- Installation in a cabinet predetermined for Customer’s configuration;
- Space in the cabinet;
- Ventilation and power at the standard voltage supplied for all customers at the data center;
- A single connection to the network together with a single public IP address which utilizes Network Address Translation on the private side of the required rack-mountable firewall;
- Power cycling upon Customer’s request; provided that the power switch is external and physically accessible, does not require additional attachments, and does not require unlocking physical or logical security mechanisms.
- Provided that a replacement device (“Spare”) has been delivered in accordance with Section D below, at Customer’s request, replacement of a failed Collocated Device and shipment to Customer.
The Collocation Service does not include monitoring, patching, back-ups, hardware or software troubleshooting, escalation or software installation, upgrades or downgrades. Customer acknowledges and agrees that Customer is responsible for the configuration, testing, monitoring and management of any Collocated Device.
B. Service Level Agreement. The Service Level Agreement does not apply to the Collocated Device or to any devices provided by ClearData that have been adversely affected by the Collocated Device or the user interaction with it. ClearData will not monitor the Collocated Device via PING, monitor services (connecting externally), apply software patches or updates, escalate incidents to vendors, perform backup services, or install or reinstall an operating system.
C. Acceptable Use Policy. ClearData’s Acceptable Use Policy applies to the Collocated Device.
D. Specification Requirements. The Collocated Device and any Spare must be fully compatible with data center specifications for physical space, security, refrigeration and power (“Specification Requirements”), including without limitation:
- Designed to be natively rack-mountable, and accompanied by mounting hardware that does not alter the manufacturer’s intended mounting specifications;
- Dimensions are not in excess of the physical space available for the configuration in the data center;
- Weight, including attachments and mounting hardware, is not in excess of that allowed in the data center;
- Special or external cooling or ventilation systems or any that are based on liquids or gas are not required;
- Operates normally without any modifications at the standard voltage supplied by the data center;
- Complies with the acceptable range of power consumption proportional to the required physical space;
- A rack-mountable firewall (PIX 506 or above) provided and managed by ClearData protects the configuration;
- Functions using Network Address Translation behind the perimeter firewall;
- Is not intended to be deployed in-line between other devices, whether or not such devices are provided by ClearData;
- Supports the 10 Base-T or 100 Base-TX Ethernet standards as its main media type for management, operation or any other purpose;
- Is not intended to be connected directly to another server or collocated device;
- Network connections are always made to an Ethernet switch operated by ClearData;
- To the extent that it is intended for termination of a cross-connected circuit, the requirements and details of such are subject to evaluation and approval by ClearData;
- Does not contain any software (unless such software has been permanently disabled), internal hardware or attachment capable of capturing sound, images, video, motion or chemical composition; and
- Does not contain any software (unless such software has been permanently disabled), internal hardware or attachment capable of capturing sound, images, video, motion or chemical composition; and
Upon its delivery to the data center, ClearData may inspect the Collocated Device, including disassembly in its discretion, to ascertain whether all of the Specification Requirements have been met. Unless performed in a grossly negligent manner, such inspection shall be without liability to ClearData. All references herein to Collocated Device include the Spare, if any.
E. Shipment Requirements. In order for ClearData to accept the Collocated Device for installation in the data center, all of the following (“Shipment Requirements”) must be met by Customer:
- Components prohibited in Section D must be completely removed from the Collocated Device prior to shipment;
- The IP address, login, and password must be configured on the Collocated Device prior to shipment;
- Any Spare must be clearly labeled “Spare” and the IP address, login, and password must be configured prior to shipment; and
- The Collocated Device must be clearly and conspicuously labeled with Customer’s ClearData account number, the Collocated Device number assigned to it by ClearData, and the number of the ClearData ticket notifying ClearData’s Inventory Department of the prospective shipment.
F. Nonconforming Collocated Device. A Collocated Device that does not meet the Specification Requirements and the Shipment Requirements will be returned to Customer at Customer’s sole risk and expense.
G. Access to the Collocated Device. Consistent with ClearData’s security controls and procedures, physical access by Customer or Customer’s agents to the Collocated Device in the data center is prohibited. The Collocated Device must be accessed via a full management system accessible remotely from the public Internet (or over VPN), and such system must not depend on physical access to the Collocated Device’s console or management ports in order for it to be operated. Remote console access services for Collocated Devices, either directly (lights-out interface) or through a network based KVM or a Cyclades-type device are not offered by ClearData. Should it become necessary to perform administration or maintenance on it, ClearData will disconnect the Collocated Device and ship it as instructed at Customer’s sole risk and expense. Customer represents and warrants to ClearData that Customer has the necessary expertise to access the Collocated Device remotely and has the knowledge to successfully authenticate and obtain the necessary privileges granting the right to manage it without intervention by ClearData.
H. Remedy. Customer’s sole and exclusive remedy for ClearData’s material failure to provide the Collocation Service described herein shall be to terminate the Collocation Service.
I. Insurance. During the Term of the Agreement, Customer agrees to insure and keep insured the Collocated Device against all manner of loss in an amount not less than replacement cost.
J. Term. This Collocation Addendum shall remain in effect for so long as and Collocated Device is located in a ClearData data center.
K. Termination. Upon termination of the Agreement, the Collocated Device will be shipped to Customer. In the event that ClearData receives notification of a claim from a secured party or other third party having a possessory interest in the Collocated Device, ClearData may, in its sole discretion, terminate the Collocation Service and ship such Collocated Device to Customer. Shipment of the Collocated Device shall be at the expense and risk of Customer and in accordance with Customer’s reasonable shipping instructions.
