Acceptable Use Policy

Acceptable Use Policy

The Acceptable Use Policy is in place to ensure a safe and professional environment and is intended to provide Rules and Regulations covering (1) Customer’s (and its customers, agents and users) use of and access to Cascade Divide Data Center Property; facilities (e.g. Data Center); (2) Customer’s (and it customers, agents and users) use of the Cascade Divide Data Center’s online services; and (3) Cascade Divide Data Center maintenance of the services it provides to its Customers.
Only those individuals identified in writing by Cascade Divide Partners, LLC. D/B/A Cascade Divide Data Center (“Cascade”) on the Customer Registration Form (“Representatives”) may access the Data Center. Customer shall deliver seven day’s prior written notice to Cascade of any changes to the Customer Registration Form and the list of Representatives. Customer and its Representatives shall not allow any unauthorized persons to have access to or enter the Data Center. Customer and its Representatives may only access that portion of the Data Center made available by Cascade to Customer for the placement of Customer’s equipment and use of the Data Center Services (the “Customer Area”), unless otherwise approved and accompanied by an authorized Cascade Data Center representative.

 

Use of Data Center Facility

Conduct at Data Center. Customer and its representatives agree to adhere to and abide by all security and safety measures established by Cascade and set forth in the Customer Guide provided by Cascade to Customer. Customer and its Representatives shall also not do or participate in any of the following:

1. 1. Misuse or abuse any Cascade property or equipment or third party equipment;
   2. Make any unauthorized use of or interfere with any property or equipment of any other Cascade Customer;
   3. Harass any individual, including Cascade personnel and representatives of other Cascade Customers; or
   4. Engage in any activity that is in violation of the law or aids or assists any criminal activity while on Cascade property or in connection with the Data Center Services.

 

Prohibited Items & Conduct

Customer and its Representatives shall keep each Customer Area clean at all times. It is each Customer’s responsibility to keep its area clean and free and clear of debris and refuse. Customer shall not, except as otherwise agreed to in writing by Cascade, (1) place any computer hardware or other equipment in the Customer Area that has not been identified in
writing to Cascade on the Equipment and Software List; (2) store any paper products or other combustible materials of any kind in the Customer Area including card board (other than equipment manuals); and (3) bring any Prohibited Materials (as defined below) into any Data Center. “Prohibited Materials” shall include, but be not limited to, the following and any similar items:

1. 1. Food and drink on the Data Center Floor, Receiving, or Staging Areas.
   2. All forms of tobacco and vaping products throughout the facility.
   3. Hazardous and/or flammable materials in Data Center Floor or Staging Areas.
   4. Alcohol, drugs, or other controlled substances on Data Center Property.
   5. Electromagnetic, radio, or other types of devices which could interfere with computer and telecommunications equipment.
   6. Radioactive materials on Data Center Property.
   7. Photographic or recording equipment of any kind (including web cameras) except as authorized in writing by management

Customer and any of Customer’s agents shall observe the following conduct requirements:

1. 1. Company property or property belonging to employees or any other third party should be treated with care and respect.
   2. Theft, misappropriation, misuse, or willful destruction of property or unauthorized removal of such is prohibited.
   3. Customer shall be responsible and shall reimburse Cascade for any and all pilferage of the Data Center or its contacts by Customer or any of Customer’s agents.
   4. Customer shall not remove Cascade’s (or their employees’) possessions or tools from the Data Center without prior authorization.
   5. No consuming of alcohol, drugs or other substances while on Data Center Property.
   6. No duplicating keys or RFID devices used on Data Center Property.
   7. No physically abusing or harming any individual who works at or visits the Data Center.
   8. No providing access at any time to the Data Center to anyone not on the approved access list or with a proper visitor ticket.
   9. All forms of unlawful discrimination and retaliation will not be tolerated.
   10. No tailgating – Each person must use their own badge through proper entrances and exits.
   11. Do not prop open doors open or hold doors open to the degree that such will cause an alarm or jeopardize security without prior approval by Data Center Staff. Contractor or Customer shall be responsible for any charges resulting from such alarms and security violations
   12. Working in unauthorized areas or without authorization is prohibited.
   13. No animals allowed. Service animals specifically trained to aid a person with disability are welcome with approval from the company.
   14. Accepting commissions, kickbacks, or fees from any vendors, tenants, or contractors involved in providing a service or product to the Data Center is prohibited.
   15. Violating any federal, state, or local statutes or safety codes while working at the Data Center is prohibited.

Assembly or construction of equipment to be scheduled / prior authorization

1. 1. Anyone found tampering with or working on any building operations system without authorization will be immediately removed from the Data Center and the offending party will be held liable for any damages or any operating costs associated with their actions.
   2. Any work involving paint, glue, paste, or odor-causing activities MUST be scheduled and pre-approved according to the Data Center Manager’s reasonable discretion.
   3. The entry doors to Electrical, Mechanical, MDF/MMR, Data Center rooms, and stairwells shall be kept closed at all times except when Data Center employee provides permission to keep an entry door open.
   4. Only radios used for local communication within the building are allowed.
   5. Materials containing combustibles or volatile organic compounds (“VOCs”) are prohibited from use.
   6. Sawing, grinding, welding, or torch-cutting is not permitted without prior written approval by Data Center Manager.
   7. Hammering, drilling, or similar coring and/or concrete-penetration activities are not permitted without prior approval by Data Center Manager.
   8. Emergency work will be scheduled on a case-by-case basis as approved by Data Center Manager and applicable permitting approved at the site.
   9. Any complaint of noise or odor will constitute a basis to stop the project immediately to ascertain steps necessary to eliminate the noise or odor. Additional work may continue after hours, at Customer’s or Contractor’s expense. Customer or Contractor may be penalized if the noise or odor contributes to the project being completed late or off-schedule; such penalty to be determined by Data Center Manager.
   10. Parking shall be in designated areas only as determined by Data Center Manager. No overnight parking. Loading bay roll up door access is only for loading and unloading.
   11. Loading dock doors – keep double doors closed during loading/unloading and limit loading dock use to 20 minutes or less unless previously cleared by Cascade employee.
   12. Cascade Management reserves the right to remove Customer or Contractor personnel from list of approved customer and contractor personnel should the above rules not be followed.

 

Equipment and Connections

Customer Equipment. Each piece of equipment installed in a Customer Area (the “Customer Equipment”) must be clearly labeled with identifying label and/or serial number and individual component identification. Each connection to and from a piece of Customer Equipment shall be clearly labeled with Customer’s name (or code name provided in writing to Cascade) at the
starting and ending point of the connection. Customer Equipment must be configured and operate in compliance at all times with the manufacturer’s specifications, including power outlet, power consumption and installed clearance requirements. Customer must use its best efforts to provide Cascade with at least two (2) business days notice prior notice any time it intends to connect or disconnect any Customer Equipment or other equipment where neighboring colocation access may be affected.

 

Scheduled Maintenance

Cascade will conduct routine scheduled maintenance of the Data Center and related Services during regularly scheduled intervals and when deemed necessary. In the event a mission critical maintenance situation arises, Cascade may perform emergency maintenance during which time Customer’s Equipment may be unable to transmit and receive data and Customer may be unable to access the Customer Equipment. Customer agrees to cooperate with Cascade during emergency maintenance periods and all regularly scheduled maintenance sessions.

 

Online Conduct

Customer acknowledges that Cascade exercises no control whatsoever over the content of the information passing through Customer’s site(s) and that it is the sole responsibility of Customer to ensure that the information transmitted and received complies with all applicable laws and regulations in addition to the Cascade Rules and Regulations.

Prohibited Activities. Customer will not permit any persons (“Users”) using Customer’s online facilities and/or services, including, but not limited to, Customer’s Web site(s) and transmission capabilities, to do any of the following prohibited actions at any time (“Prohibited Activities”):

Transmission, broadcast, any services in support of, or the hosting of any web sites, products, or services promoted by UBE (Unsolicited Bulk E-mail) a.k.a. “Spam” are not subject to Cascade’s standard complaint process that may result in any or all of the following:

1. 1. Immediate and permanent termination of power, data, and KVM (Keyboard-Video-Mouse) connectivity.
   2. Seizure and forfeiture of ownership of all equipment belonging to the individual or organization responsible for the UBE activity.
   3. Immediate and permanent forfeiture of all pre-paid cabinet, power, and connectivity charges.
   4. Immediate revocation of physical access privileges to Cascade Divide Data Center facility.
   5. The offending individual or organization will be held financially accountable for all residual financial liabilities incurred by Cascade’s due to violation of any “upstream” carrier’s Acceptable Use Policies.
   6. The offending individual or organization will be held financially responsible for all residual financial liabilities and labor expense incurred by Cascade repairing damage from the UBE activity, e.g. RBL (Realtime Blackhole List) de-listing activity.

Engage in any activities or actions that infringe or misappropriate the intellectual property rights of others, including, but not limited to, using third party copyrighted materials without appropriate permission, using third party trademarks without appropriate permission or attribution, and using or distributing third party information protected as a trade secret information in violation of a duty of confidentiality.

Engage in any activities or actions that would violate the personal privacy rights of others, including, but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.

Send, post or host harassing, abusive, or libelous materials or assist in any similar activities related thereto.

Intentionally omit, delete, forge, spoof, or misrepresent transmission information, including headers, return mailing and Internet protocol addresses.

Engage in any activities or actions intended to withhold or cloak Customer’s or its Users identity or contact information.

Use Cascade’s connectivity services for any illegal purposes, in violation of any applicable laws or regulations or in violation of the rules of any other service providers, web sites, chat rooms or the like.

Assist or permit any persons in engaging in any of the activities described above. If Customer becomes aware of any Prohibited Activities, Customer will use best efforts to remedy such Prohibited Activities immediately, including, if necessary, limiting or terminating User’s access to Customer’s online facilities and Cascade Divide Data Center facility.

 

Third Party Complaint Process

Cascade routinely receives written complaints (“Complaints”) from third parties regarding Prohibited Activities allegedly being conducted by a Customer or its Users. Due to the nature of Cascade’s operations and business model, it is understood that in most instances legitimate complaints and actual Prohibited Activity is conducted by Customers’ users, not by Customers themselves. Cascade requires its Customers to use policies similar to these Rules and Regulations and will work with its Customers to resolve violations. Cascade will take the following actions to document and resolve each Complaint received related to a Customer or its Users.

First Complaint. Upon receipt of the initial complaint from a third party regarding Prohibited Activity by a Customer or its User, Cascade will send a letter (the “First Letter”) to the complaining third party that describes Cascade’s policies related to the Prohibited Activity and lists the contact information for the Customer and encloses a copy of the original Complaint received. Cascade will also provide notice of the Complaint to the Customer by sending a copy of the same letter to the Customer via email to its abuse address or administrative email so that Customer can identify and remedy the Prohibited Activity. Cascade’s goal is to provide the complainant directly to the Customer who has the relationship with the alleged violator for a timely and thorough remedy.

Second Complaint. Upon receipt of a second complaint after the date of the First Letter related to the same or similar Prohibited Activity of Customer described in the First Letter that clearly indicates that the Prohibited Activity continued after the date of the First Letter, Cascade will send a second letter (the “Second Letter”) with a copy of the second complaint to the Customer and request that Customer respond in writing to Cascade with an explanation and timeline of the actions to be taken by Customer to remedy Prohibited Activity. In the event that Customer does not respond to Cascade’s letter and remedy the Prohibited Activity within ten (10) business days, Cascade retains the right to bill Customer to cover Cascade’s administrative costs associated with the Prohibited Activities of Customer.

Third Complaint. Upon receipt of a third complaint after the date of the Second Letter related to the same or similar Prohibited Activity of Customer described in the Second Letter that clearly indicates that the Prohibited Activity continued after the date of the First Letter, Cascade will send a third and final letter (the “Third Letter”) with a copy of the third complaint to the Customer and request again that the Prohibited Activity cease immediately. In the event that the Prohibited Activity does not cease within five (5) business days, Cascade will terminate or suspend its connectivity service to its Customer, and will only resume providing service when it receives adequate assurances that such activity will not continue. Cascade also retains the rights to bill its Customer to cover Cascade’s administrative costs associated with addressing the Prohibited Activities.

 

Suspension and Termination of Service

Cascade reserves the right to suspend and/or terminate Customer’s Service at any time for any material failure of Customer, its Representatives, Contractors, or its Users to comply with these Rules and Regulations.

 

Supplemental Services

Subject to the terms and conditions set forth in the Master Services Agreement between Cascade and the Customer, Cascade may, from time to time, provide Customer with certain limited services and equipment needed and requested by Customer on a “one-off” or emergency basis (“Supplemental Services”) where such services are not included within the scope of the Services purchased by Customer. Customer will be charged for all Supplemental
Services provided to Customer. Cascade has no obligation to determine the need for or provide Supplemental Services. All Supplemental Services are provided on an “as-is” basis and exclude warranties of any kind, whether express or implied.

 

Modification of Rules and Regulations

Cascade may change these Rules and Regulations upon fifteen (15) days; notice to Customer, which notice shall be provided by posting such new Rules and Regulations for the Acceptable Use Policy via website: www.CascadeDivide.com/about/AUP

DRAFT – UPDATED 5/23/23 (LKM)