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| Terms of Service - Colocation | ||
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It is the intent of Icelab Networks (Icelab, We, or Our) to obtain and set up Customer (You, Your, or Customer) equipment at Icelab Networks site for the exclusive use of the Customer during the term of this agreement. The Colocation Agreement will be in force continuously commencing on the date the customer equipment is installed and connected. This agreement can be cancelled by either party with a 30 day written notice. Terms of cancellation are described later in this document. The above considerations are dependant upon the following stipulations:
1. GENERAL. This agreement (Agreement) is made by and between Icelab Networks and Customer as identified in the signature block of this document and applies to Your purchase of all colocation and data services. Customer is subject to Icelab Networks privacy policy located online at http://icelab.net/privacy.php.
2. TERMS OF SERVICES. Icelab is responsible for providing Customer with cabinet space, network connectivity, data services, power, and physical security of the Customer equipment only. Icelab is not responsible for any loss or damage, or any losses caused as a result of Customer making changes to Customer equipment. Icelab will provide basic remote hands assistance as specified within this Agreement as Remote Hands Services. If Customer requests anything outside of basic remote hands services, fee-based support will apply at an hourly rate to be determined by Icelab. Customer must approve fee-based support services before such services are rendered by Icelab. Remote Hands works will be authenticated by the account Remote Hands Password.
3. ACCEPTIBLE USE. Customer will not use Customer equipment for the purposes of accessing other computers in an illegal manner (Hacking) or to distribute denial of service attacks (DOS) from customer equipment against other computers. You agree that you will not provide, or allow to be provided, content that is illegal in the United States including infringement of copyrighted or trademarked material. Customer agrees to hold Icelab Networks harmless from any liabilities, losses, costs, or claims if the Customer equipment is used for such purposes without the Customers knowledge. Customer agrees to not engage in distributing bulk unsolicited commercial email or newsgroup posts (Spam). Violation of these terms may result in account cancellation or suspension without notice.
4. BILLING AND PAYMENT. Services are pay in advance. Invoices are generated on the 1st day of every month. Customer is in default if payment is not received within 15 days of the generated invoice. Icelab may apply charges to Customer at the rate of 1.5% on Customer accounts that are more than 5 days past due. Accounts in default are subject to service interruption without notice. Customer agrees to keep track of or monitor Customer Traffic and pay fees incurred for any additional bandwidth (Bandwidth or Traffic) usage as specified within this Agreement during each calendar month. Customer agrees to pay for all additional services added during or after initial installation. Customer agrees to pay all shipping charges for equipment being shipped to and from the premises.
5. CANCELLATION. Customer may cancel services at any time. Since services are pay in advance, the account will remain active until the last day of the Customers billing cycle. A billing cycle is defined as one calendar month. Icelab does not proprate credits for unused portions of a calendar month. In the event of cancellation where Payment Schedule is annual, semi-annual, or quarterly, Customer will receive a reimbursement for all unused full months, less any discounts associated with the payment schedule being terminated. Icelab may terminate services being provided to Customer at any time if Icelab feels the conditions of this agreement have not been met. Icelab will not release Customer equipment if Customer has an outstanding balance due.
6. DISCLAIMER OF WARRANTIES. Services are provided AS IS. Icelab makes no warranties of any kind expressed or implied for the services that We provide. This includes delays or interruptions caused by Icelab, its employees, agents, or upstream providers. You acknowledge and agree that Icelab has no control over, and accepts no responsibility for, information or data passing through Our network or the internet. You agree to indemnify, save harmless, and defend Icelab and all of its employees, officers, directors and agents from any 3rd party claims, damages, losses, liabilities and expenses arising out of or relating to this Agreement.
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