IP Services Acceptable Use Policy

Policies and Procedures

IP Services’ Client and its Representatives, employees, contractors, clients, agents and users of Client’s online facilities are subject to these Policies and Procedures in connection with their use of the IP Services Data Center services.

Physical Access

Internet Data Center Access

IP Services operates secure facilities. Access to the various facilities are controlled through the use of a proximity badge system.  All exterior approaches and internal areas of the facility are monitored 24x7 through closed-circuit cameras, which record and archive all images.  Access to the data center itself is controlled through the use of biometric fingerprint scanner in conjunction with a PIN number and the badge access system.

Clients will register valid representatives during the provisioning process, and identify individuals who should be allowed access to the facility.  During the provisioning sequence is where these individuals are supplied with badge access cards and entered into the biometric finger scanner for access.  Additional badges are available upon request with IP Services’ approval.  Only clients that have a dedicated rack will be allowed 24x7 access to the data center.

Clients who purchase the use of at least one full equipment rack will be granted unescorted access to the data center.  Clients who purchase the use of a partial rack will have limited access and will be escorted while in the data center.

Equipment Rack Access

Every equipment rack in IP Services’ Data Center is equipped with electronic access locks that logs all attempts (successful or failed) to open the rack.  Electronic access keys will be assigned to clients who purchase the use of at least one full equipment rack.

IP Services charges a monthly service management fee based on the quantity of Electronic Access Keys and proximity cards currently assigned to the client.  The fee covers the physical security services provided related to the key rather than the cost of the key itself.  These services will continue to be provided until the keys and cards are returned and IP Services is notified by the client that the key or card is no longer needed.

Client agrees to notify IP Services promptly if a key is lost or stolen.  Client agrees to pay IP Services the agreed monthly fees for lost, stolen, or inactive Electronic Access Keys until such time as client notifies IP Services that the key is no longer in use due to theft, loss, or lack of need.  Client agrees to return all Electronic Keys at the end of the contract or if no longer needed.  If the key is not returned, IP Services will assess a charge equal to the then current replacement cost of the key or keys.

Use of IP Services’ Data Center Facility

Client and its Representatives agree to adhere to and abide by all security and safety measures established by IP Services.  Client and its Representatives shall not do or participate in any of the following:

  • misuse or abuse of any IP Services’ property or equipment or third party equipment
  • unauthorized use of or interference with any property or equipment of any other IP Services’ Client
  • harassment any individual, including IP Services’ personnel and representatives of other IP Services’ Clients
  • participation in any activity that is in violation of the law or aids or assists any criminal activity while on IP Services’ property or in connection with the Data Center Services

Parking

Street parking is available on the West side of the Data Center building near the customer entrance.  The parking lot is reserved for tenants of the building.

Cabinet Guidelines

IP Services reserves a portion of every rack or cabinet for the placement of IP Services’ equipment required to provide services to the client, or to preserve the integrity of IP Services’ property. The reserved space is outside of the client usable area (IE, in a full cabinet possessing 42U of total vertical space, IP Services has reserved the top 3U of vertical space), and client equipment must not be placed in the unreserved areas.  Clients’ equipment to be placed in IP Services provided cabinets, must be either rack mountable or utilize shelf units for their equipment.

Electrical Power

Electrical circuits are rated as 120VAC 20 amps, 20VAC 30 amps, etc.  However, the current ratings in these circuit descriptions are the maximum rated current capacity of the circuits.

IP Services’ policy regarding power usage is that the power capacity of a circuit shall be 60% of the maximum rated clients shall not load circuits in such a way as to exceed 60% of the circuit’s maximum current rating on a continuous basis.  For example, if the maximum current rating of a circuit is 30 Amps, the continuous power consumption for the connected equipment shall not exceed 18 amps.  For 20 Amp circuits, the continuous power consumption shall not exceed 12 amps. Clients are responsible for monitoring their own power consumption and ensuring that they do not exceed the IP Services power capacity policies.

Clients should also be aware that the IP services policy doesn’t guarantee adequate power is available in all conditions. Clients are solely responsible for ensuring that adequate power is obtained for the equipment in their data cabinets.  In some cases, clients may need to maintain lower levels of current consumption to ensure availability of power under all circumstances (startup, failover of equipment from one circuit to another, etc.)

IP Services will do periodic audits on power capacity to each cabinet/rack in the facility. Based on these monthly audits, IP Services will notify those clients that have reached critical usage on their power capacity (power capacity is based on the above definitions). Upon notification from IP Services, client agrees to do one of the following within 30 days:

  1. upgrade their power capacity within the cabinet to ensure uptime of their equipment,
  2. spread the equipment out into multiple cabinets,
  3. Reduce power consumption below the power capacity listed above for the circuit in violation

IP Services reserves the right to demand the client increase their capacity or remove their equipment so as to not cause any electrical/fire hazards within the data center.

Client Equipment

Client Equipment must be configured and run at all times in compliance with the manufacturer's specifications, including power outlet, power consumption and clearance requirements. Client must use its best efforts to provide IP Services with at least 48 hours’ prior notice any time it intends to connect or disconnect any Client Equipment or other equipment to the IP Services network.

Only layer three Client Equipment may be connected directly to the IP Services network.  IP Services network ports will be automatically disabled if a layer two device is connected to them.

Data Center and Network Maintenance

IP Services maintains Data Center Systems and Networks on a schedule determined by our internal quality control system based on industry best practices.  Maintenance is performed so that systems stay in good repair and have adequate capacity, thus reducing risk of unplanned service interruptions.  IP Services will attempt to schedule maintenance during time periods that have limited impact on client systems and services.

Emergency Maintenance

Emergency Maintenance will be undertaken in the following situations:

  • an unplanned service interruption
  • circumstances that IP Services deem to create high risk of an unplanned service interruption

 

Emergency Maintenance is typically performed to prevent the occurrence of, or remediate, an outage.  IP Services will immediately commence Emergency Maintenance when deemed necessary.

IP Services will notify clients via email within one business day after the completion of Emergency Maintenance but as soon as reasonably practicable.

Priority Maintenance

Priority Maintenance will be undertaken when systems are functional but operating below thresholds determined by IP Services to be satisfactory, and IP Services deems this creates a moderate risk of an unplanned service interruption.

IP Services will notify clients via email at least one business day prior to performing Priority Maintenance.

Scheduled Maintenance

Scheduled Maintenance is undertaken on a regular basis to ensure systems and networks are operating properly and with adequate capacity.

IP Services will notify clients via email at least two business days prior to performing Scheduled Maintenance.

Bandwidth

Dedicated Bandwidth

Dedicated Bandwidth consists of a pre-set IP bandwidth capacity (in Mbps) that is pre-paid by the client monthly and is fully available for client use for the entire billing period.

Burst Option

Burst bandwidth may be added to your Dedicated Bandwidth if desired for an additional fee.  You may use Burst Bandwidth up to 5% of the minutes in each month for no additional charge.

Bandwidth on Demand

Any portion of Burst Bandwidth that is used more than 5% of the minutes in the month is considered Bandwidth on Demand.  This calculation is also known as the 95th percentile rule.

The rate charged for Bandwidth on Demand is specified in clients’ Master Service Agreement.  Bandwidth on Demand charges will be calculated and invoiced after the close of the month in which the Bandwidth on Demand was used. The Client is financially responsible for all Bandwidth on Demand charges based on their most current approved agreement.

Client Content

Client acknowledges that IP Services exercises no control whatsoever over the content of the information passing through Client's site(s) and that it is the sole responsibility of Client to ensure that the information it and its users transmit and receive complies with all applicable laws and regulations and these Policies and Procedures.

Supplemental Services

IP Services may, from time to time, provide Client with certain limited services and equipment needed and requested by Client on a "one-off" or emergency basis where such services are not included within the scope of the services purchased by Client. Client may be charged for all supplemental services provided to Client. IP Services has no obligation to determine the need for or provide supplemental services.

Clients may also be invoiced for emergency technical support services provided due to a problem with the Client’s infrastructure, especially, but not limited to instances where that problem affects other clients.

Clients may be invoiced for emergency technical support services that were requested by the Client due to an incorrect assumption that there is a problem with IP Services’ infrastructure.  In these cases, Clients may also be invoiced for emergency services that included troubleshooting the Client’s infrastructure to diagnose the root cause of the actual problem.

Emergency services are provided on a best effort basis. No specific SLA is provided or implied.

IP Services reserves the right to invoice Clients for these services regardless of whether a managed services agreement is in place for the Client’s infrastructure

All supplemental services are provided on an "as-is" basis and exclude warranties of any kind, whether express or implied.  All additional services are provided on a time & materials basis, billable at $250.00 per hour.

Prohibited Items

Client and its Representatives shall keep each Client Area clean at all times.  It is each Client's responsibility to keep its area clean and free and clear of debris and refuse.

Client shall not, except as otherwise agreed to in writing by IP Services, (1) place any computer hardware or other equipment in the Client Area that has not been identified in writing to IP Services; (2) store any paper products or other combustible materials of any kind in the Client Area (other than equipment manuals); and (3) bring any Prohibited Materials (as defined below) into any IP Services’ Data Center. "Prohibited Materials" shall include, but be not limited to, the following and any similar items:

  • food and drink
  • tobacco products
  • explosives and weapons
  • hazardous materials
  • alcohol, illegal drugs and other intoxicants
  • electro-magnetic devices which could unreasonably interfere with computer and telecommunications equipment
  • radioactive materials
  • photographic or recording equipment of any kind (other than tape back-up equipment)

Prohibited Activities

Client will not, and will not permit any persons ("Users") using Client's online facilities and/or services, including, but not limited to, Client's Web site(s) and transmission capabilities, to do any of the following ("Prohibited Activities"):

  • Transmission, distribution or storage of any material in violation of any applicable law or regulation. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
  • Sending unsolicited mail/usenet messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. A user shall not use another site's mail or usenet servers to relay messages without the express permission of the site.
  • Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking"), including any unauthorized access, alteration, destruction, or any attempt thereof, of any information of any IP Services clients or end-users by any means or device.
  • 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.
  • Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks whether the client’s network is the source or the target of the interference.
  • Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
  • Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
  • Knowingly or unknowingly be involved in any activities that will result in a denial-of-service (e.g., synchronized number sequence attacks), whether on the IP Services network or on another provider's network.
  • Using IP Services Products and Services to interfere with the use of the IP Services network by other clients or authorized users.
  • Unauthorized monitoring of data or traffic on any network or system without express The Acceptable Use Policy (AUP) is not exhaustive and IP Services reserves the right to modify the AUP at any time.

 

No credits will be issued for any interruption in service resulting from policy violations by any of IP Services’ Clients or its users.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A IP SERVICES CLIENT OR A CLIENT'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CLIENT OR END USER.

IP Services will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected.

Remedy

IP Services reserves the right to suspend network or physical access to any client if, in the judgment of the IP Services, the client or client’s systems are the source or target of the violation of any of the terms of the AUP. If inappropriate activity is detected, all accounts of the client may be deactivated until an investigation is complete. Prior notification to the client is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The client will not be credited for the time the client's machines were suspended.

Violators of the policy are responsible, without limitations, for the cost of labor to cleanup and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by IP Services. Such labor is categorized as emergency security breach recovery and is currently charged at $250 USD per incident per hour required.

Complaints regarding network abuse or violations of this policy should be sent to noc@ipservices.com.

Suspension and Termination of Service. IP Services reserves the right to suspend and/or terminate a Client's Service at any time for any material failure of Client, its Representatives or its Users to comply with these Policies and Procedures.