Acceptable Use Policy

This Acceptable Use Policy (“AUP”) specifies the actions prohibited or restricted by Supernap International (“Supernap International”) to users of the Supernap Internet Network (the “Supernap International Network”) and the associated Supernap Facilities (together with the Supernap International Network, each a “Facility”).  Supernap International reserves the right to modify this Policy at any time, effective upon posting of the modified Policy to the following URL: (https://www.supernapinternational.com/aup.html). This AUP governs and controls all use of, entry, or receipt of services from each Facility and is incorporated into each related agreement as if set forth fully therein.  In the event of conflict between this AUP and any related agreement, this AUP governs and controls. Any references to U.S. Dollars (“USD”) hereunder shall be construed to include the then equivalent value in the currency identified on the Service Order or formally utilized for the location in which the Facility is located.

A. Illegal Use

Customer’s 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 Customer’s Agreement(s) with Supernap International.  Additional limitations may apply and are incorporated herein by reference including Region-Specific Requirements set forth and defined below.

B. Facility Power

The SUPERNAP data centers are designed to exceed Tier 4 or DCSF Class 4 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 Service Orders must be in writing, signed and dated to reserve power.  All power circuits ordered will be at the then posted retail rates for the date that the service order is signed and are subject to change.  Electrical standards may vary and current delivery shall not exceed the load limits applicable for such Facility.  If a Customer consumes electrical power above the applicable breaker capacity in a Facility, the Customer will be billed a special allocation fee of 1,000 USD per noncompliant cabinet per month until the usage is corrected.  If the Customer requires power in excess of DCSF Class 4 or Tier 4 thresholds then the Customer shall comply with Supernap International’s request to move the Customer to a higher density power Facility at no cost to Supernap International.  All power circuits must be utilized solely to power the cabinet to which the circuits are assigned.

Customer UPS’s are not allowed to be used down-line from the Facility’s mission critical power system. Facility Operations must approve all power distribution systems prior to deployment within the Customer’s colocation space. All Customer Equipment must first be tested on house power prior to plugging into the Facility UPS receptacles.

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 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 a 100% Hot Aisle Containment System 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. All equipment installed to a cabinet must intake cold air from the cold side of the demarcation plane and expel all hot air into the hot side of the 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 SADU (side air distribution unit) 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.  Supernap International 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 allocation fee of 1,000 USD per month per device and forfeiture of the SLA (Service Level Agreement) for the affected area.

Customer agrees to minimize Customer’s carbon footprint by working with Supernap International to maintain a hot aisle temperature above 37.8 Celsius.  

All Customer Equipment and its installation deployed in a Facility must (a) not include equipment, cords, cables, connectors or any item or software that may adversely impact the physical or digital security of the Supernap International Network or any Facility, including electrical infrastructure, power delivery or environmental air distribution system, as determined by Supernap International; (b) comply with local regulatory codes, guidelines and best practices, as determined by Switch; and (c) comply with the following “Region-Specific Requirements”:

Italy

1. CEI EN 60950 compliant or comply with another standard acceptable to Supernap International; and
2. Conform to the requirements contemplated by CEI 64-8.

Thailand

1. EIT Standard 2001-51 compliant or comply with another standard acceptable to Supernap International, and otherwise conform to any requirements contemplated by EIT Standard 2001-51.

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 18 Celsius to 27 Celsius and an allowable range of 15 Celsius to 32 Celsius.

Refusal to cooperate with these standards or these Region-Specific Requirements will be treated as a direct violation of this AUP.

D. System & Network Security

Violations of system or network security are prohibited, and may result in fines, or criminal and civil liability. Supernap International 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. 
• 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 Supernap International Network, as determined by Supernap International 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 Supernap International Network from outside of a Facility; (ii) extends the Supernap International Network beyond a Facility in which access is initially provided by Supernap International; (iii) is in violation or which would cause a violation of Supernap International’s competitive data center carrier interconnections; (iv) resell, pass-through, sublicense, rent, lease, timeshare or rebrand the Supernap International Network or Supernap International’s services or otherwise provide access to the Supernap International Network to any party not within Customer’s enterprise, or (v) in any way provides a non-Switch or a non-Supernap International customer with access to the Supernap International Network other than a permitted third party physically located within the Customer’s colocation space.  Supernap International reserves the right to grant limited exceptions to the foregoing restrictions to accommodate unique circumstances.

F. Data Center Connectivity

The following rules apply: (s) Carriers and resellers who do not have a signed, current Carrier Access Agreement in place with Switch or Supernap International may be denied cross-connects; (t) Carriers who have not signed a Carrier Access Agreement are prohibited from utilizing any approved carrier to access a Facility; (u) Supernap International reserves the right to remove any unauthorized cross-connects or connections including those that could compete with Supernap International’s business interests or violate the terms of this AUP with or without prior notification; (v) Cross-connects between connectivity providers that are intended to use a Facility as a pass-through to connect to data centers not owned by Supernap International within greater geographic area in which the Facility is located (as such area may be designated by Supernap International) are not permitted without express written consent by Supernap International, which may be granted or withheld in Supernap International’s sole discretion; (w) Cross-connects to third party facilities are priced starting at 500 USD per month.  The Facility specific terms and conditions (including the Region-Specific Requirements) are incorporated herein by reference to the extent applicable.

G. Customer Data

All Customer Representatives who use or benefit from Switch Technology acknowledge and agree that Supernap International does not require access to any confidential or private information on Customer’s Equipment in a Facility, if any (e.g. personal identifiable information, end user information, or end customer information).  Users of the Switch Technology acknowledge that Switch and Supernap International are not processors, subprocessors or hosting providers or data providers as those terms or similar terms may be interpreted by applicable law.  Supernap International covenants not to attempt to logically or digitally access, manage, maintain, or process any information on Customer Equipment, including during the provision of any Smarthands services, without the prior written consent of the relevant customer and Customer covenants not to provide either Switch or Supernap International with access to such information without the prior written consent of Supernap International and compliance with any requirements under applicable law. 

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 Supernap International property, right of way, or easement or that utilize (or could utilize) a Supernap Facility as a pass-through to connect to data centers not owned or operated by Supernap International (collectively, “Data Center Connectivity Pathways”) require 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 Supernap International’s Data Center Interconnectivity Agreement; and (ii) the data center complying with all applicable legal requirements regarding deceptive or fraudulent trade practices .  Absent a Data Center Connectivity Agreement, Supernap International reserves the right to disconnect any circuits or connections to such non-Supernap International data center with or without prior notification.

I. Email

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited.  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 Supernap International Network as determined by Supernap International in its sole discretion.

J. Usenet

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 / Third Party Entry

All individuals entering a Facility 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 Supernap International’s Security protocols. Customer and Customer’s Representatives will not unnecessarily interrupt or inhibit Supernap International-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) 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 datacenter floor.  Proper grooming and cleanliness is required. Because the Supernap Internet Network and the Supernap Facilities are an ultra-secure mission critical environment, any persons that are deemed not to have the full trust and support of any of the Supernap International senior team members may be denied access to to the Supernap International Network or a Facility (whether client employees, former client employees, vendor employees, former vendor employees, former competitors’ employees, former Supernap International or Switch employees or any other persons).  It is the responsibility of each body hiring individuals coming in to contact with the Supernap International Network or accessing any Supernap Facility 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, Customers 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 Supernap International personnel and tours are provided under the sole discretion of Switch’s senior management. Contractually current Switch partnership agreements are required to tour third parties through a 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 Supernap International customers.  Individuals or entities who obtain authorization from Supernap International to operate as a vendor within a Facility agree not to work for or in a third party data center.   

L. Infrastructure

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.  Supernap International 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 Supernap International.  All Customer cabinets must not exceed 2286mm in height.  At Customer’s election, Supernap International will provide its standard cabinets to Customer which are  42U or 2006.6mm in height.  All other Customer cabinets will need to be provided by Customer.

M. Installation Documentation

Customer will provide all required installation documentation within the time period set forth in the Customer’s Agreement.  If Customer fails to provide such documentation within the applicable period Supernap International may, at its sole election, commence charging 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). Supernap International 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 the 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 Supernap International 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 the Facility and must be mounted to cage walls that do not directly face the main walkways and tour paths.

O. Ecosystem Interaction

Supernap International provides an interactive technology ecosystem.  All clients, members and carriers will be shown on the client 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.

Recognizing Switch controls rights to Supernap International intellectual property, industrial property and trade secrets of every kind and description throughout the world (the “Switch Technology”) and to help Switch protect the interactive technology ecosystem, brand integrity, and customers benefited by Switch Technology, Customer and Customer’s Representatives, as well as Customer’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 Customer has ownership interest or measure of control (each a “Customer Relationship”) whether past or present, agree and Customer agrees on behalf of such Customer Representatives and Customer Relationship(s) to protect, defend, and hold harmless Supernap International and Switch for, from and against claims brought by or against Switch or Supernap International arising from or related to any Customer Relationship infringing upon, or in any way violating Switch Technology.  Customer agrees to use its best efforts to assist Switch in defending and protecting Switch Technology from infringement including infringement by any Customer Representative or Customer Relationship(s), and Switch reserves the right to treat Customer as a contributory infringer due to the unlawful or unauthorized use or infringement of Switch Technology by a Customer Representative or Customer Relationship and Customer acknowledges its status as such absent Customer’s best efforts to proactively remedy the infringement.  Each user covenants it will not use Switch Technology, including Switch’s patents and the method and manner in which Switch provides its services, except as authorized by Switch in Customer’s applicable agreements with Switch and Customer 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 required licensing of Switch Technology, at Switch’s discrection.

Moreover, to deter unlawful or legally questionable activity, including but not limited to infringement of third party intellectual property rights, facilitating or permitting cyber or denial of service attacks, or engaging in activity that negatively affects the Supernap International ecosystem, Supernap International 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 smart hands fees, costs arising from or related to investigation of and responses to repeated third party complaints and associated attorneys’ fees.

INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AUP, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A SUPERNAP INTERNATIONAL CUSTOMER OR A CUSTOMER’S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER AND MAY RESULT IN SUSPENSION OR TERMINATION OF ACCESS TO THE SUPERNAP INTERNATIONAL NETWORK (INCLUDING THE DISABLING OF CROSS-CONNECTIONS) AT SUPERNAP INTERNATIONAL’S SOLE ELECTION.  Complaints regarding illegal use or system or network security issues, regarding SPAM or other email abuse, or regarding USENET abuse may be sent to outside the United States to abuse@supernapinternational.com  (24x7).  For live security incidents, please contact the appropriate Supernap Internet Abuse Investigations contact at the following numbers (24x7):