Data Center Rules of Use

Last revised: 07/10/23

I.      Scope

These data center rules (“Agreement” or “Rules”) apply to all data centers (“Data Centers”) owned or leased and operated by Otava, LLC (“Otava”, “us” or “our”). The terms “you”, “your”, or “Client” shall refer to the individual whose signature appears on the Sales Order. You and Otava are collectively referred to as the “Parties.” These Rules contain additional terms and conditions specific to Colocation Services and are not intended to supersede or replace any Master Agreement, Master Terms, or General Terms of Sale (as applicable) (each “Master Terms”) or service-specific Product Terms of Use between Parties. These Rules are legally binding upon Client where Client’s Sales Order includes Otava Colocation Services as a line item, and Client agrees to be bound thereby.

II. Surveillance and Logging

YOU HAVE NO EXPECTATION OF PRIVACY WHEN ENTERING A DATA CENTER. Each Data Center has numerous surveillance cameras spread throughout the Data Center and approaching areas. The cameras record all information, which is electronically stored for as long as we deem necessary. Otava may use this information for any and all relevant business, legal, and technical purposes, including but not limited to monitoring Data Center security. The video or other media gathered during surveillance may be used by us or our auditors and released to law enforcement officials without prior notice to you as deemed appropriate in our sole discretion.

III. Gaining Entry to the Data Centers

To gain entry into the Data Centers, your representative or agent must have a pass card or fingerprints registered in our biometric device (each, an “Authentication Device”). No entry shall be permitted without a valid Authentication Device. Each pass card issued to a Client or its agents must be returned within five (5) days following (i) termination of this Agreement, (ii) Client’s election to cease using Otava’s services, as set forth in a Sales Order (“Services”) or Data Center, or (iii) Otava’s written request. Otava reserves the right to charge Client a reasonable replacement fee for each pass card not returned in accordance with this Section III. By registering fingerprint(s), you, your representatives, and your agents authorize Otava and its agents to store, record and use such fingerprint(s) for the purpose of authorizing entry into a Data Center.

IV. Using your Colocation Space

You will use the Data Center and any designated location in a Data Center (“Colocation Space”) solely for the purpose of installing, maintaining, and operating the equipment and for no other purpose, without Otava’s prior written consent. You will not interfere with, or connect your equipment to that of any customer of Otava or any other tenant or customer within the Data Center, without Otava’s prior written consent.

You will not, without Otava’s prior written approval, commence any installation, interconnection, addition or alteration to the Data Center, the Colocation Space, or the equipment, or undertake any upgrade or modification to the equipment, that might affect the use of the Data Center or other equipment by Otava or any other customer. You will pay or cause to be paid all costs and charges (a) for work done by you or caused to be done by you in or about the Equipment Space, and (b) for all materials furnished for or in connection with such work.

You will, at your own cost and expense, protect, maintain and keep in good order the Colocation Space and any equipment in the Colocation Space, and shall ensure that neither you nor your employees, agents, contractors or invitees damage any part of the Data Center, the Colocation Space, or any equipment located in or about the Data Center.

V. Damages

You agree to protect, defend, indemnify and hold harmless Otava and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Otava directly or indirectly arising from (i) you or your agents’ use of and access to the Data Centers, or (ii) you or your agents’ violation of any provision of this Agreement or the policies or agreements which are incorporated herein. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of the Data Centers. Without in any way limiting the foregoing, you agree to reimburse Otava for any and all reasonable repair or restoration costs associated with damage or destruction caused by your software, hardware, cabling, power supplies or other equipment, your actions or those of your agents, including but not limited to the consequence of removal of your hardware or property installed in the Colocation Space.

VI. Restrictions

The following additional restrictions apply to your access and use of the Data Centers and the Colocation Space. The purpose of these restrictions is to ensure your safety and the security of the Data Centers:

1.      Access to the Data Centers is solely for you to gain physical access to your equipment.  The Data Centers are not to be used as office space, meeting space or for any other reasons other than as provided pursuant to this Agreement.  Some of the buildings housing the Data Centers have separate work areas (“Work Areas”) such as kitchen areas or conference rooms that are available on a first come first serve basis for Clients to work or hold short meetings. These work areas cannot be reserved or held over night.  All trash and possessions must be removed from each Work Area prior to Client departing from the Work Area.  You use the Work Areas at your own risk.  Work Areas are not supervised by Otava and the security of any possessions left unsupervised cannot be guaranteed.
2.      You may use your own power strips only if the power strips have current meters with displays.  If you do not have a metered power strip, please open a support ticket and one will be provided Otava will provide you with an approved power strip free of charge.
3.      No unapproved photography is allowed at any Otava Data Center or any Otava property without the prior written approval of Otava’s management team.
4.      You may not to touch any equipment that does not belong to you, including, but not limited to: floor PDU’s, CRAC’s, EPO buttons and temperature monitors. All equipment under the raised floor is the property of Otava and you are not allowed access to the areas under the raised floor for any reason.
5.      You may not leave any Data Center door propped open at any time for any reason.  All Data Center doors must be properly closed at all times.
6.      No smoking, lighting of matches, use of lighters or any flame whatsoever is permitted in any Data Center at any time.  Smoking is permitted only in designated smoking areas outside of the Data Center.
7.      No drugs, alcohol or firearms are permitted in any Data Center, Work Areas or Office Space at any time.
8.      No food or drink is allowed in any part of any Data Center.
9.      No cardboard or paper is allowed in your Colocation Space.  Upon written request, Otava will provide a storage area for servers shipped into the Data Centers for staging.  Please remove all of your cardboard boxes and containers when you leave the Data Center.
10.    You may not engage in any activities that create dust or debris in a Data Center, which includes but is not limited to construction, or cutting.
11.    No unauthorized guests are allowed in any Data Center at any time.  Otava reserves the right, in its sole discretion, to exclude anyone from a Data Center, with or without cause and with or without notice.  Anyone requested to leave a Data Center must do so immediately and peacefully.

VII. Termination

This Agreement is an integral part of your agreement with us. Otava, in its sole discretion, may terminate its relationship with you under this Agreement or any other agreement you have with Otava, for a violation of any of the terms or conditions in this Agreement, provided, however, that if you have signed a Sales Order, the termination of this Agreement shall be consistent with the termination provision set forth in our Master Terms.

VIII. Modification of Rules and Regulations

We reserve the right to change these Rules at any time and from time to time, provided that we provide you with at least seven (7) days written notice prior to the effective date of such modifications. We shall provide notice by sending you an email to the email address that you provide us in the Sales Order or your customer web portal. You are solely responsible for notifying us of a new email address. Access to the Data Centers will be automatically suspended if such notice is returned as undeliverable.
You are solely responsible for reviewing and complying with these Rules. The most current version of these Rules is available by email request to [email protected], or on the Otava website at https://www.otava.com/rules-of-use/.