This Acceptable Use Policy (“AUP”) specifies the actions prohibited or restricted by Switch, its licensees, and affiliates (collectively “Switch”) to users of the Switch Network (as defined below) and the Switch facilities (each a “Facility”). Switch reserves the right to modify this AUP at any time, effective upon posting of the modified AUP to the following URL: (https://www.switch.com/aup/). This AUP governs and controls all use of, entry to, or receipt of services from (“Use”) each Facility and is incorporated into each agreement with Switch as if set forth fully therein. In the event of conflict between this AUP and any related agreement, this AUP governs and controls.
A. Illegal Use
Use of a Facility must be in strict conformance with all applicable laws, regulations and other legal requirements, including the terms and conditions of the agreement(s) with Switch. Additional limitations may apply and are incorporated herein by reference including the Region-Specific Requirements set forth and defined below.
B. Facility Power
The Switch TIER ELITE® Facilities offer Tier 5® Platinum® standards for power throughputs. Mission critical power for a Facility is built out as needed and there may be periods of time that require extended installation timeframes. Once mission critical power is fully consumed at a Facility, no more power will be available at that Facility. Power circuits are made available on a first-come, first-served basis, and all requests for services (“Service Orders”) must be in writing, signed and dated to reserve power. In the United States, per National Electric Code, current delivery cannot exceed 80% of a circuit breaker’s rated capacity. Outside the United States, electrical standards may vary and current delivery shall not exceed the load limits applicable for such Facility. If a customer of a Facility (each a “Customer”) consumes electrical power above the applicable breaker capacity in a Facility (e.g. 80% in the United States), the Customer will be billed a special allocation fee, at Switch’s discretion, per noncompliant cabinet per month until the usage is corrected. If the Customer requires power in excess of their contracted thresholds and additional power and/or cooling is not available in that location, then the Customer shall comply with Switch’s request to move the Customer to a higher density power location at no cost to Switch. All power circuits must be utilized solely to power the cabinet to which the circuits are assigned.
Any and all power lines which interconnect with or are used to power utility pathways or lines located on or running through any Switch property, including granted easements, rights of way, or pathways that utilize (or could utilize) a sub-station or switching station within or adjacent to a Switch campus including pathways utilized to power data centers not owned by Switch (collectively, “Power Pathways”) each require an agreement (“Switch Power Pathways Agreement”). Power Pathways on or through Switch’s campuses are not permitted without Switch’s express written agreement requiring the requesting party to comply with: (i) the then current AUP; (ii) Switch’s Power Pathways Agreement; and (iii) all applicable laws regarding intellectual property, and deceptive or fraudulent trade practices (e.g. Nevada Revised Statute 598, Michigan Compiled Laws 445.903, Chapter 17 of the Texas Business & Commerce Code, and Official Code of Georgia Annotated 10-1-372 which prohibit deceptive trade practices). Absent a Switch Power Pathways Agreement, Switch reserves the right to prevent or disconnect any power lines and/or restrict easements on Switch property to such non-Switch facilities, with or without prior notification.
Customer uninterruptible power sources (“UPS’s”) are not allowed to be used down-line from the Switch’s mission critical power system. The Switch Operations team must approve all power distribution systems prior to deployment within the Customer’s colocation space. All equipment placed by or for Customer in the Facility (“Customer Equipment”) must first be tested on house power prior to plugging into the Switch UPS receptacles.
Switch receives its power feed from third-party utility providers, and as such, power charges may increase over time. Accordingly, Customer acknowledges that Switch may adjust power charges to pass-through any such increases in third-party utility charges to Customer.
C. Heat Containment
The delivery of high-density power is only possible if the exhausted equipment heat is contained and prevented from mixing with the cold air in a Facility. Switch CEO and founder, Rob Roy, invented the 100% Hot Aisle Containment System, also known as a Chimney Pod® or Thermal Separate Compartment in Facility (T-SCIF®); a state-of-the-art, patented system which offers Customers the luxury of high-density power in a safe environment. Customers deploying equipment in Switch’s 100% Hot Aisle and Cold Aisle Containment Systems must comply with the standards and procedures required to make this environment successful for everyone. Every cabinet must have a deliberately sealed demarcation plane that separates the hot and cold aisle (“Sealed Demarcation Plane”). All equipment installed to a cabinet must intake cold air from the cold side of the Sealed Demarcation Plane and expel all hot air into the hot side of the Sealed Demarcation Plane.
All exhausted air must then continue in a straight path into the hot aisle and up into the heat ceiling. Side air intake or side air exhaust equipment should not be used. If no other option is available, a side air distribution unit (“SADU”) or air sleeve must be used to correctly direct cold air to the device and direct all heat out of the cabinet and into the hot aisle. Power cabling and low voltage cabling must be done in a neat and orderly fashion so as not to interfere with equipment exhaust into the center hot aisle. The doors to the hot aisles must remain closed at all times and must never be propped open unless working in, entering or exiting the hot aisle. Blanking plates must be used to close off any open sections of Customer cabinets. Brush strips must be used for 1U sized spaces or larger where front-to-back cabling occurs within the cabinet. Switch will work with Customers to assure these standards are met. Equipment that directly or indirectly causes hot air to flow into the cold aisles within the Facility, and/or failure to meet any of the standards outlined above, will result in a special monthly allocation fee at Switch’s discretion, per device and forfeiture of the service level agreement (“SLA”) for the affected area.
Customer agrees to minimize Customer’s carbon footprint by working with Switch to maintain a hot aisle temperature above 100° Fahrenheit (37.8° Celsius).
All Customer Equipment and its installation deployed in a Facility must (i) not include equipment, cords, cables, connectors or any item or software that may adversely impact the integrity or security of the Switch ecosystem, or the Switch Network, electrical infrastructure, power delivery or environmental air distribution system, as determined by Switch; (ii) comply with local regulatory codes, guidelines and best practices, as determined by Switch; and (iii) comply with the following “Region-Specific Requirements”:
- UL60950 compliant or comply with another standard acceptable to Switch;
- Conform to the requirements contemplated by ANSI / NFPA 70; and
- Not require the additional safeguards contemplated by ANSI / NFPA 70, Article 645 and NFPA 75.
Temperature SLA’s are tied to ASHRAE standards and because they are adjusted periodically by the standard body, the following temperature SLA contained in this AUP supersedes all earlier contracted SLA’s and will be updated consistent with standards updates issued by ASHRAE. SLA credits will be paid if the temperature of a sector goes out of recommended range for more than 60 minutes and if the temperature of a sector goes out of allowable range for more than 15 minutes. The current ASHRAE standards are as follows for data centers: recommended range of 64.4°F to 80.6°F and an allowable range of 59.0°F to 89.6°F.
Refusal to cooperate with these standards or these Region-Specific Requirements will be treated as a direct violation of this AUP and will result in a monthly charge per violation, at Switch’s discretion, and forfeiture of the service level agreement (“SLA”) for the affected area.
D. System & Network Security
Violations of system or network security are prohibited, and may result in fines, or criminal and civil liability. Switch will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, Facility, equipment, data, or information.
- Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
- Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
- Receiving or transmitting content that may adversely affect the integrity of the telecommunications/data communications network and/or network components owned, operated and controlled by Switch (“Switch Network”), as determined by Switch in its sole discretion.
E. Network Integrity
It is strictly prohibited to take or cause another to take any action which (i) provides access to the Switch Network from outside of a Facility; (ii) extends the Switch Network beyond a Facility in which access is initially provided by Switch; (iii) is in violation or which would cause a violation of Switch’s competitive data center carrier interconnections; (iv) involves the resale, pass-through, sublicense, rent, lease, timeshare or rebranding of the Switch Network or Switch’s services or otherwise provides access to the Switch Network to any party not within Customer’s enterprise, or (v) in any way provides a non-Switch customer with access to the Switch Network other than a permitted third party physically located within the Customer’s colocation space. Switch reserves the right to grant limited exceptions to the foregoing restrictions to accommodate unique circumstances. Customer acknowledges that Switch exercises no control, and thus has no responsibility, over the content of the information/data passing or traversing the Switch Network and that it is Customer’s sole responsibility to ensure that all content transmitted and received by Customer complies with all applicable laws and regulations.
F. Data Center Connectivity
The following rules apply: (i) third party telecommunications carriers (“Carriers”) and resellers who do not have a signed, current agreement in place with Switch (e.g. “Carrier Access Agreement”) may be denied cross-connects; (ii) Carriers who have not signed a Carrier Access Agreement are prohibited from utilizing any approved Carrier to access a Facility; (iii) Switch reserves the right to remove any unauthorized cross-connects or connections that could compete with Switch’s business interests or violate the terms of this AUP with or without prior notification; (iv) Cross-connects between connectivity providers that are intended to use a Facility as a pass-through to connect to data centers not owned by Switch within a greater geographic area in which the Facility is located (as such area may be designated by Switch) are not permitted without express written consent by Switch, which may be granted, withheld, or conditioned, in Switch’s sole discretion; (v) costs for interconnection to third party facilities are negotiated on a case by case basis. The Facility specific AUP terms and conditions (including the Region-Specific Requirements) are incorporated herein by reference to the extent applicable. For the avoidance of doubt, the definition of Facilities includes trenches, or other physical pathways owned, controlled or operated by Switch and as such, by accessing such Facilities, Carriers are responsible for compliance with this AUP for the duration and effect of such access. Carrier is responsible for any Carrier or Carrier agent’s activities in the Facilities. Carrier will exercise professional care when accessing or using the Facilities, will defend and hold harmless Switch and all other users of Facilities, for, from and against, any and all claims, losses, damages, demands, and related costs (including attorney fees) and expenses to persons or property that arise from or are related in whole or in part, to acts or omissions of Carrier, its representatives, or the breach of any term or condition of this AUP attributable to Carrier or its agents, including any claim or right to contribution from Switch for injury to person, property, or service of any individual or entity due to Carrier’s acts or omissions within the Facilities.
G. Customer Data
Switch does not have logical access to Customer systems or data, and instead only provides physical and/or environmental safeguards. Any and all individuals or entities entering with or on behalf of a Customer (collectively, “Customer Representatives”) as well as any individuals who use or benefit from Switch Technology® acknowledge and agree that Switch does not require access to any confidential or private information of individuals, or confidential or private data on Customer’s Equipment in a Facility, if any (e.g. personal identifiable information, end user information, or end customer information). Any and all individuals or entities benefiting from Switch Technology acknowledge that Switch is not a controller, processor or subprocessor, hosting provider or data provider as those terms or similar terms may be interpreted by applicable law. Switch covenants not to attempt to logically or digitally access, manage, maintain, or process any information on Customer Equipment without the prior written consent of the relevant Customer and Customer covenants not to provide Switch with access to such information without the prior written consent of Switch.
H. Connectivity Pathways
Any and all telecommunication connections, whether dark or lit, which access internal or external telecommunication vaults, easements, rooftops and/or connectivity paths located on any Switch property, easements, or rights of way, or that utilize (or could utilize) a Switch Facility as a pass-through to connect to data centers not owned by Switch (collectively, “Data Center Connectivity Pathways”) require an agreement (e.g. a “Data Center Interconnectivity Agreement”). Data Center Connectivity Pathways within the jurisdiction in which the Facility is located are not permitted without: (i) the data center entering into Switch’s Data Center Interconnectivity Agreement; and (ii) the data center complying with all applicable legal requirements regarding deceptive or fraudulent trade practices (e.g. Nevada Revised Statute 598, Michigan Compiled Laws 445.903, Chapter 17 of the Texas Business & Commerce Code, and Official Code of Georgia Annotated 10-1-372 which prohibit deceptive trade practices). Absent a written agreement with Switch (e.g. a Data Center Licensing Agreement or Data Center Interconnectivity Agreement), Switch reserves the right to disconnect any circuits or connections to such non-Switch data center with or without prior notification.
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited and may result in fines, immediate suspension and/or termination of service. A Customer shall not use a third party’s mail server to relay mail without the express permission of such third party. A Customer shall not receive or otherwise allow the transmission of content which may adversely affect the Switch Network as determined by Switch in its sole discretion.
Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as “SPAM”) is expressly prohibited.
K. Conduct / Tours / Third Party Entry / Access
Any individual entering a Facility, including but not limited to Customers, Customer Representatives, vendors and Carriers, or any person physically or digitally accessing, utilizing, or benefiting from the use of a Switch Facility (each a “User”) must conduct themselves in a professional manner at all times both in keeping with their particular industry and generally applicable standards of courtesy. All individuals will comply with Switch’s safety and security protocols and procedures. Users will not unnecessarily interrupt or inhibit Switch-led tours of the Facility. No liquid or food is permitted on the data center floor. No alcohol is permitted in a Facility at any time. No one in possession of, or under the influence of alcohol or any substance (controlled or uncontrolled) which may impair mental judgment or physical coordination, may enter a Facility. Smoking or carrying tobacco or tobacco imitation products (e.g. electronic cigarettes, vaporizers, or other electronic nicotine delivery systems) within a Facility is prohibited. Only qualified professional laborers are allowed to perform work onsite. All clothing must be professional and provide adequate coverage and protection. Closed-toed shoes are highly recommended. Open-toed sandals are not permitted. Sleeping is not permitted in a Facility including on a Facility data center floor. Proper grooming and cleanliness is required at all times within a Facility. Since the Switch ecosystem is an ultra-secure mission critical environment, any persons that are deemed not to have the full trust and support of any of the Switch senior team members may be denied access to a Facility (whether Customer employees, former Customer employees, vendor employees, former vendor employees, former competitors’ employees, former Switch employees or any other persons). It is the responsibility of each body hiring individuals to work in the Switch ecosystem to vet past history of applicant to determine if such history violates any of the policies set forth in this AUP. Due to the secure nature of each Facility, Users may not bring third parties to a Facility to provide a tour of a Facility or for any reason other than vendors providing services to Customer’s colocation space. This includes members of the media. All tours must be conducted by Switch personnel and tours are provided under the sole discretion of Switch’s senior management. Contractually current Switch partnership agreements, oral or written, are required prior to touring third parties through a Switch Facility. Switch partnership agreements can be revoked at any time, for any reason. Video, photography and audio recordings are strictly prohibited within any Facility. Individuals or entities who work for or operate as a vendor for a third-party data center are prohibited from operating as a vendor within a Facility for Switch Customers. To protect the integrity of Switch’s mission critical operations and decrease cyber-security risks, individuals or entities who obtain authorization from Switch to operate as a vendor within a Facility agree not to work for or in a third-party data center unless expressly authorized by Switch, in Switch’s sole discretion. Customer is solely responsible for arranging, shipping, loading, and/or offloading of the Customer Equipment to and from any Switch Premises and that Switch is not responsible or liable for undertaking such activities. Additionally, Switch is not able to act as the importer of record for Customer Equipment.
Customers must adhere to industry standards for cable management. Cables must be properly installed and either enclosed in cable management trays or in clean bundles for proper presentation and identification. Switch will not be liable for any damage, loss or interference resulting from Customer’s failure to adhere to industry standards for cable management. Switch will not provide Smarthands services to cabinets with improper cable installation or management. All interconnecting cables shall be appropriately terminated at the Customer’s utilization equipment or labeled with a tag for future connection. Unlabeled cables or cables that are not terminated at the Customer’s utilization equipment shall be considered abandoned and may be removed by Switch. Customer cabinets may not exceed 90 inches (2286mm) in height unless otherwise approved by Switch in writing. At Customer’s election, Switch will provide its standard cabinets to Customer which are 79 inches (42U or 2006.6mm) in height. All other Customer cabinets will need to be provided by Customer.
M. Installation Documentation
Customer will provide Switch with all required installation documentation within the time period set forth in the Customer’s agreement(s) with Switch. If Customer fails to provide such documentation within the applicable period Switch may, at its sole election, commence charging monthly recurring charges (“MRC”) as a reservation fee.
N. Customer Cage Appearance
All tables, chairs, storage cabinets, bins, and cabling organizers must be black and not made of a combustible material (e.g. wood, cloth) nor electrically conductive (i.e. able to carry an electrical charge). Switch may assist with providing these items to Customer. All other Customer provided items must be black. All tables, chairs, crash carts, ladders and other large items must be stowed after their use, prior to leaving a Facility, in an area of the cage space that is not visible from Switch’s main walkways and tour paths. Tables, chairs, and like items are not for standing upon nor may they be used as ladders. All smaller items must be stored in Switch provided black opaque storage bins and cabinets. No cardboard or paper is allowed in the cage. White, clear, or other colored bins and cabinets are not allowed. Storage bins and cabinets must be stored along walls of the cage space that do not directly face the main walkways and tour paths. Fiber and copper organizers will be provided by Switch and must be mounted to cage walls that do not directly face the main walkways and tour paths. Failure to comply with this section will result in a monthly charge per violation, at Switch’s discretion, and forfeiture of the service level agreement (“SLA”) for the affected area. Any equipment, tools, or other materials abandoned in a Facility (e.g. left in a common area or a shared cage space), will be removed and may be disposed of without liability to Switch, in accordance with Switch’s Recycling Notice and Acknowledgment Policy (https://www.switch.com/recycling-notice-and-acknowledgement-policy/). In addition, any shipments, packages, and/or Customer equipment that remain in shipping and receiving more that 60 consecutive days will be assessed a monthly fee at Switch’s then current rates.
O. Audit Reports
APPLICABLE AND CURRENT AUDIT REPORTS SUCH AS SSAE 18, PCI, OR OTHER REGULATORY COMPLIANCE CERTIFICATIONS OR AUDITS OF SWITCH’S FACILITIES AND SERVICES (COLLECTIVELY “SWITCH AUDIT REPORTS”) MAY BE AVAILABLE TO CUSTOMERS, ANNUALLY, UPON REQUEST, SUBJECT TO STRICT CONFIDENTIALITY TERMS AND CONDITIONS. TO PROTECT THE SAFETY, SECURITY, AND SERVICES OF OUR MISSION CRITICAL FACILITIES FOR THE BENEFIT OF OUR CUSTOMERS, EACH SWITCH AUDIT REPORT IS AVAILABLE SUBJECT TO STRICT CONFIDENTIALITY OBLIGATIONS INCLUDING THOSE IN TOUR ACCESS AGREEMENTS, NON-DISCLOSURE AGREEMENTS AND/OR SERVICE CONTRACTS BETWEEN SWITCH AND THE RECEIVING PARTY. BY RECEIVING AND/OR REVIEWING A SWITCH AUDIT REPORT, YOU AND YOUR EMPLOYER HEREBY COVENANT AND AGREE TO KEEP THE AUDIT REPORT AND THE DATA THEREIN STRICTLY CONFIDENTIAL AND TO BE BOUND BY THE CONFIDENTIALITY AND INTELLECTUAL PROPERTY OBLIGATIONS IN EXISTENCE BETWEEN SWITCH AND THE ORIGINAL RECIPIENT OF THE REPORT, ALL OF WHICH ARE EXPRESSLY INCORPORATED HEREIN AS THOUGH SET FORTH IN FULL. IN RATIFICATION OF THESE OBLIGATIONS, YOU AND YOUR EMPLOYER COVENANT AND AGREE TO ONLY SHARE THE SWITCH AUDIT REPORT WITH RECIPIENTS UNDER THE SAME OR STRICTER CONFIDENTIALITY AND INTELLECTUAL PROPERTY OBLIGATIONS AND TO DEFEND AND HOLD HARMLESS SWITCH FOR, FROM, AND AGAINST ANY AND ALL CLAIMS BROUGHT BY OR AGAINST SWITCH FOR DAMAGE ARISING FROM OR IN ANY WAY RELATED TO YOUR UNAUTHORIZED DISCLOSURE OF THIS REPORT OR OF THE INFORMATION THEREIN.
P. Unauthorized Terms
Switch will accommodate requests to use a third-party payment system or payment facilitation software provided that the requesting party agrees to be responsible for any fees or charges imposed by such third-party payment system or payment facilitation software (a “Payment Portal”). Switch’s accommodation, use of or affixing of a signature to any such Payment Portal, or other terms and conditions introduced by a Customer related to a vendor’s, or Customer’s or a third party’s software, statement of work, invoice, purchase order, Payment Portal, or similar instrument, does not constitute an agreement or modify the existing agreement with Switch.
Q. Switch SAFE
Customer acknowledges that the Switch SAFE service is designed to mitigate third party unlawful conduct that impairs network efficiency including a denial of service and/or distributed denial of service attack (collectively, “Network Attack”). The Switch SAFE service may not fully or successfully mitigate all attacks and may also result in some legitimate traffic being filtered from or delayed on Customer’s network. Customer should expect increased latency across all affected IP addresses before, during and following a Network Attack. In the event that a Network Attack impedes the Switch Network or negatively impacts other Switch customers, Switch may trunk or null route Customer’s traffic, engage in upstream blocking, or take other measures as necessary to protect the Switch Network (collectively “Traffic Control”). Traffic Control is an anticipatory or mitigation response to unlawful and/or tortious acts and is designed to reduce the impact of a Network Attack, including down time. In the event Switch engages in Traffic Control, Switch will notify Customer promptly and work with Customer to restore full connectivity to the Switch Network. Customer acknowledges that Customer will not be granted Service Credits due to latency or Traffic Control in connection with a Network Attack.
R. Customer Portal
Customer acknowledges that Switch may provide Customer with access to an online Customer account portal (a “Customer Portal”). In the event Customer utilizes the Customer Portal, Customer agrees that the terms of the applicable master agreement between Customer and Switch apply.
S. Annual Tax Reporting
Customers that deploy in Switch’s Keep Campus and elect to benefit from the applicable tax exemptions in place for data centers in the state of Georgia shall keep detailed records of all Georgia sales tax exempted pursuant to O.C.G.A. § 48-8-3(68.1) and Georgia Department of Revenue Sales Tax Rule 560-12-2-.117. On or before April 1 of each year, Customer shall provide a comprehensive report to Switch ([email protected]) detailing all Georgia sales tax exempt purchases of Customer Equipment made by the Customer in the preceding calendar year. Such report shall include any supporting documentation, such as invoices and paid receipts, reasonably requested by Switch. Customer shall indemnify, defend and hold harmless Switch for, from and against any and all costs arising from or related to Customer’s failure to remit taxes owed, maintain accurate records and timely report the same to Switch.
T. Audio/Visual Recording
Users acknowledge that each Facility utilizes active audio and video surveillance for the safety and security of the ecosystem. Customer acknowledges that Switch may offer additional services that utilize active audio and/or video recording functions. Customer is prohibited from utilizing additional audio/video recording function(s) absent written approval from and in a manner consistent with Switch’s Security protocols and all applicable law, rules or regulations related to such audio/video recording.
U. Ecosystem Interaction
Switch is an interactive technology ecosystem. All Customers, members and Carriers will be shown on the Customer page so that other members know who is available within the system to interact with. It is paramount to the ecosystem that each member is able to connect and collaborate with the other members in the system.
Switch owns or controls certain rights to patented and patent pending intellectual property, industrial property and trade secrets of every kind and description throughout the world (the “Switch Technology”), including those showcased at https://www.switch.com/patent-video. To help Switch protect the interactive technology ecosystem, brand integrity, and Customers benefited by Switch Technology, each User, as well as each User’s officers, agents, directors, managers, board members whether current or former, affiliates, partners, employees, investors, subsidiaries, end users, customers, vendors, or any entity in which User has ownership interest or measure of control (each a “User Relationship”) whether past or present, agree and User agrees on behalf of such User Relationship(s) to defend and protect Switch Technology. Each User agrees to use its best efforts to assist Switch in defending and protecting Switch Technology from infringement including infringement by any User Relationship(s), and to promptly notify Switch of any suspected or actual threat to, as well as misappropriation, unlicensed or unauthorized use, or infringement of any Switch Technology by any third party. Each User covenants it will not use Switch Technology, including Switch’s patents, or replicate the method and manner in which Switch provides its services, except as authorized by Switch in User’s applicable agreements with Switch and User agrees and covenants to cease and rectify any unauthorized use. Such rectification, in Switch’s discretion, may include attribution and restitution to Switch for unauthorized use of Switch Technology, as well as licensing of Switch Technology, at Switch’s discretion.
Moreover, to deter unlawful or legally questionable activity, including but not limited to infringement of third party intellectual property rights, facilitating or permitting cyber threats or Network Attacks, or engaging in activity that negatively affects the Switch ecosystem, Switch may charge an hourly fee for the costs incurred to respond to repeated complaints of such illegal or impermissible use. Such fees and costs include but are not limited to Smarthands fees, costs arising from or related to investigation of and responses to repeated third party complaints and associated attorneys’ fees.
Each User covenants and agrees, regarding any owned or controlled Switch property, Switch Facility or the equipment therein (the “Property”): (i) to not file any liens on any Property; (ii) that any right to file a lien on any Property, if any, is hereby waived; (iii) to require their subcontractors, vendors, and customers to ensure that no liens are filed on the Property; (iv) to immediately remove any Property lien so filed; and (v) to defend, and hold Switch harmless for, from, and against any and all damages or claims brought by or against Switch, arising from a Property lien.
If User is permitted to use any Property, User agrees to use the Property in the method and manner designed, in accordance with Switch policies and procedures and to return such Property in the same condition as it was supplied.
V. Mission Critical Vendor Status
To preserve continuity of service even in the event of voluntary or involuntary bankruptcy, force majeure, or any catastrophic event, all users acknowledge and agree that Switch is a critical vendor for those using its services. By using or entering into an agreement with Switch for its services, you acknowledge, covenant and agree that Switch’s services are both unique and essential to your operations. In the event of bankruptcy, you herewith agree to designate Switch as a critical vendor, that all payments prior to bankruptcy are essential, and not preferential or subject to claw back, and to file a motion to expressly identify Switch as a critical vendor under federal insolvency or bankruptcy law.
CUSTOMERS AND USERS AGREE THAT ACTUAL, INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AUP (EACH, A “VIOLATION”) MAY RESULT IN FINES, SUSPENSION OR TERMINATION OF ACCESS TO THE SWITCH NETWORK AND/OR SWITCH FACILITY (INCLUDING THE DISABLING OF CROSS-CONNECTIONS) AT SWITCH’S SOLE ELECTION. VIOLATIONS OF THIS AUP BY A CUSTOMER’S END USER OR BY ANY THIRD PARTY ENTERING A FACILITY WITH OR ON BEHALF OF CUSTOMER, SHALL BE DEEMED VIOLATIONS BY SUCH CUSTOMER. SIMILARLY, VIOLATIONS OF THIS AUP BY ANY THIRD PARTY ENTERING A FACILITY WITH OR ON BEHALF OF A VENDOR OR CARRIER, SHALL BE DEEMED VIOLATIONS BY SUCH VENDOR OR CARRIER, RESPECTIVELY. Complaints regarding illegal use or system or network security issues, regarding SPAM or other email abuse, or regarding USENET abuse may be sent to [email protected]. For live security incidents, please contact Switch Internet Abuse Investigations at 1-866-229-5151 (24×7). The word “including” shall be read as “including without limitation”.
Last updated 7/31/2023