In accordance with the applicable agreement(s) between Customer and Switch (the “Agreement”), and Switch’s Acceptable Use Policy, the following is Switch’s Recycling Notice and Acknowledgement Policy (the “Policy”) regarding the abandonment, removal, and/or disposal of Customer Equipment. Customer Equipment is defined in the Agreement.
Subject to the Agreement and/or within fifteen (15) days of abandonment of Customer Equipment, Switch will dispose of Customer Equipment located at any Switch facility. SWITCH PROVIDES THIS POLICY AS NOTICE OF DISPOSAL AND THIS IS THE ONLY NOTICE SWITCH PROVIDES BEFORE DISPOSAL OCCURS. Should Switch be required to coordinate the removal and disposal of any Customer Equipment, Switch may invoice the Customer for all related fees and associated costs.
SWITCH DOES NOT LOGICALLY OR DIGITALLY ACCESS, MANAGE, MAINTAIN, TRANSMIT, STORE, RECEIVE, PROCESS, SUB-PROCESS, OR IN ANY WAY TOUCH ANY FORM OF DATA OR OTHER INFORMATION ON CUSTOMER EQUIPMENT. ACCORDINGLY, SWITCH SHALL NEITHER PROTECT NOR BE HELD RESPONSIBLE FOR ANY DESTRUCTION OR RECYCLING OF ANY DATA RESIDING ON ANY CUSTOMER EQUIPMENT. SWITCH WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY ABANDONED CUSTOMER EQUIPMENT WHICH MAY CONTAIN ANY CONFIDENTIAL, SENSITIVE, OR PROPRIETARY CUSTOMER AND/OR PERSONAL DATA AND INFORMATION, AND SWITCH WILL NOT BE LIABLE FOR ANY SUCH CLAIM, ACTION, LAWSUIT, DEBT, DEMAND, OR OBLIGATION OF ANY NATURE WHATSOEVER ARISING FROM THE REMOVAL AND/OR DISPOSAL OF CUSTOMER EQUIPMENT.
Switch reserves the right to modify this Policy at any time, effective upon posting of the modified Policy to the following URL: (https://www.switch.com/recycling-notice-and-acknowledgement-policy/). If any provision of this Policy is deemed to be prohibited or invalid under applicable law, such provision shall not render the remainder of this Policy invalid or inapplicable. This Policy shall be binding upon the Customer and their respective successors and assigns. This Policy and any dispute concerning this Policy shall be interpreted in accordance with the laws of the state where the Customer Equipment is located, excluding conflict of law rules.
If the Customer has a Colocation Facility Waiver and a lessor has an ownership interest, lien, or security interest in any Customer Equipment within the facility, Switch will not be liable for any claims pertaining to any lien or security interest between the Customer and the lessor.