Electric Lightwave Holdings, Inc. and its wholly owned subsidiaries (“Company”) has adopted the following Policies and Procedures related to our Colocation Services and use of our Colocation Centers. The Policies and Procedures are subject to change as determined necessary by Company and will be publicly available at all times in the Public Information and Policies page on Company’s website.
The Company Colocation Center Policies & Procedures Document, displayed below, can be downloaded as printable PDF file.
Access cards and keys to terminals, buildings, or other Company facilities may be used only for the purpose intended and in accordance with specific instructions. Company Colocation Customer (“Customer”) and its representatives agree to observe and follow all of the current Building Rules and Regulations or other rules, policies and procedures for each Company facility where Customer obtains services. Customer will comply with the security access procedures for the specific Company facility.
Only authorized Customer employees, agents, and subcontractors who have been issued access cards and are wearing picture identification badges, may be on Company property or in a Company building. Access card requests must be submitted by completing the Company Colocate Access Badge Agreement Form before access cards will be provided. At some Company locations, Company may issue keys instead of access cards to Customer. No keys will be duplicated. Company will issue two (2) electronic access cards or keys, without charge, for Customer to access the colocation facilities. For replacements and additional access cards or keys, Customer will pay the current fee per
access card or key. Only the primary Customer contact as identified by Customer is authorized to request changes to the list of authorized Customer representatives.
It is the responsibility of Customer to maintain control of the issued access cards and keys to the Company facilities. Access cards and keys must be safeguarded and protected at all times in accordance with established practices. Company may perform, or request customers to perform, audits of access cards and customer records. Customer must notify Company in writing of any changes in personnel that require the issuance of access cards or keys to new individuals. Customer must provide a revised Colocate Access Badge Agreement Form incorporating the changes. Keys and access cards will be returned to Company immediately upon request, and will also be returned to Company when Customer’s employee, agent or contractor who was originally issued the key or access card no longer needs the key or access card. All keys and access cards will be returned to Company immediately upon termination of colocation services.
Customer must notify Company in writing immediately when keys and/or access cards are lost or stolen. Under conditions where the loss of keys or access cards by Customer requires, in Company’s opinion, recombination of locks or reconfiguration of the access control system, and/or issuance of new keys and access cards, the cost of labor and material will be charged to Customer at Company’s discretion.
Customer will have access 24 hours per day, 7 days per week for routine maintenance, installation, and de- installation of Customer’s equipment. Customer’s employees, agents, or subcontractors on the Colocate Access Badge Agreement Form will be allowed to access their equipment area without an Company escort. Telephones and break rooms are not for the use of Customer employees and/or their agents or contractors. Customer will not harm, damage or otherwise interfere with Company’s or other customers’ equipment at any time.
For Customer contractors and visitors not listed on the Colocate Access Badge Agreement Form, Company requires a minimum of 24 hours prior written notice authorizing the visitor(s) access. The Customer must call in a request to the Company Service Center at (800) 360-4467 and have a service ticket confirming the appointment. No building keys or access cards will be issued to Customer’s contractor. Upon entry of the Company facility, Customer’s contractor must sign in with name and time denoted. A Company employee must escort representatives not accompanied by an authorized Customer. If escorted service is required, Customer will be charged the normal technician service fee at Company’s current rate.
Customer’s authorized representatives who arrive at the Company facility without an access card or key must contact the Company Service Center at (800) 360-4467 to gain access. In case of emergency only, verbal authorization for access will be accepted from the primary Customer contact. Customer must be listed on the Colocate Access Badge Agreement Form. Customer or their representatives without an access card or key must be escorted by a Company employee at all times while in the Company facility. Customer will be charged the normal technician service fee for escorting the Customer or their representatives.
Use of Colocation Facilities and Acceptable Conduct
Customer and its representatives agree to adhere to and abide by all security and safety measures in effect at a particular Company facility. Customer agrees to adhere to all federal, state and municipal laws, orders, rules and regulations. Customer agrees to follow all applicable standards; including electrical, mechanical, and safety guidelines. Equipment must be operated within the National Electrical Code (NEC) rules, and local codes as they apply.
Customer agrees to keep all equipment at the colocation space in good order, repair and condition; and to promptly and completely repair all damage to the colocation facilities caused by Customer, except for reasonable wear and tear.
Customer acknowledges that Company exercises no control whatsoever over the content of the information passing through the customers equipment. For Internet access, Customer and its end-users are subject to Company’s Acceptable Use Policy.
Customer and its authorized representatives will NOT:
- Breach or attempt to breach, the security at a Company facility.
- Misuse, abuse or otherwise interfere with any property or equipment of Company’s other customers or another third party.
- Disrupt, adversely affect or interfere with other providers of services in the building or with any occupants’ use and enjoyment of the colocation space or the common areas of the building.
- Harass any individual, including Company representatives and other Company customers.
- Engage in any activity that is in violation of the laws or aids or assists any criminal activity while on Company property or in connection with Services.
- Take photographs or create videos of any part of the interior or exterior of the Company facility.
- Bring in food or beverages, tobacco products, alcohol, illegal drugs or intoxicants of any kind or be under the influence of alcohol, illegal drugs or intoxicants of any kind.
- Leave any debris and refuse in or about an Company facility.
- Leave packing and installation material in or about an Company facility. If Company has to remove Customer materials, labor charges may be applied.
- Permit any explosive, flammable or combustible material or any hazardous or toxic materials to be located in or about an Company facility.
- Bring firearms and other weapons into an Company facility.
- Permit any electro-magnetic devices which could reasonably interfere with computer and telecommunications equipment.
- Have audible alarms generated by equipment in Customer space. Labor time spent by Company to resolved audible alarms will be billed to customer.
- Remove or leave open cabinet doors for ventilation or any other purpose. If additional ventilation is required, customer must contact the local Company site manager and obtain approval in writing before any changes are
- Prop open exterior and interior doors at any time. The temperature in Company Colocation Center is automatically set and controlled.
- For customer with multiple spaces, perform any inter-space wiring / cabling without Company written permission.
- Make modifications to the colocation space, unless expressly authorized by the Company in writing.
- Store Customer equipment, materials or tools at Company facilities outside of the customer space, unless the customer has pre-arranged written storage agreement with Company.
Company, in their sole discretion, are authorized to remove and/or bar re-entry from the colocation space, facility or building any employee, agent, contractor, licensee or invitee of the customer which Company staff deems to present a threat of injury, harm or disruption to persons, equipment or property at the colocation center.
All equipment will be owned to or be leased by Customer, and will be located in the building at the sole risk of Customer. Company will not be liable for damage, theft, misappropriation or loss, except in the event of Company’s gross negligence or willful misconduct.
Each piece of equipment installed in an Company facility must be clearly labeled with Customer’s name (or an identifying code provided in writing to Company) and phone number for the emergency contact person. Each connection to and from Customer equipment must be labeled with Customer’s name (or the Customer’s identifying code) and the starting and end point of the connection.
Customer is responsible for all Customer equipment. Customer equipment must be configured and run at all times in compliance with the manufacturer’s specifications, including power outlet, power consumption and clearance requirements. Customer must provide Company with at least 48 business hours prior notice when it intends to connect or disconnect any equipment from the Company network, including cross-connects. Customer may not place any hardware or other equipment in the Company facility that has not been identified in writing to Company.
The equipment will be designed and constructed so as to prevent electromagnetic and radio frequency signal leakage. If the equipment fails to prevent such leakage Company may terminate the colocation services agreement, subject to the conditions herein.
Company approved power and grounding procedures must be followed. Company will inspect and approve power and grounding before power is provided to the equipment. Customer equipment must be UL-certified.
Customer will, at its sole expense, maintain and repair Customer equipment to avoid hazard or damage to the Company facilities or injury to Company employees, agents, suppliers or the public. Any necessary additional protective devices will be provided by Customer, at Customer’s sole expense. Company will have no responsibility for maintenance or repair of the Customer equipment.
In an emergency or other situation threatening harm to Company employees, agents, subcontractors, or property, Company reserves the right to open, inspect, disconnect, and recover Customer equipment that is overheating, smoking, etc.
IN NO EVENT WILL COMPANY BE LIABLE TO CUSTOMER FOR ANY DAMAGES, DIRECT OR INDIRECT, TO CUSTOMER EQUIPMENT ARISING OUT OF CUSTOMER’S USE OF THE BUILDING OR THE SERVICES PROVIDED HEREUNDER, EXCEPT TO THE EXTENT SUCH DAMAGES ARE THE DIRECT RESULT OF COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
At the expiration or earlier termination of the colocation services agreement, Customer will remove Customer equipment and personal property from the building in a neat and orderly manner, and repair all damage caused by such removal, excluding normal wear and tear, at Customer’s sole expense. Any property not so removed within thirty (30) days after the expiration or termination of the colocation services agreement will be deemed abandoned and the property of Company, and Customer will be liable for all costs incurred by Company from removing the equipment and repairing the building as a result thereof.
Protection of Company’s investment in equipment, tools, supplies, materials, and vehicles against loss, theft, damage, vandalism, or unauthorized disposal is vitally important. Tools, supplies, materials, telephones and other equipment and facilities are purchased with Company funds for Company use. They belong to Company, and are not to be used without permission by the local Company site manager or be removed by Customer.
Installation Procedures and Policies
Customer is to provide notice to Company regarding the installation of Customer equipment. Customer will coordinate with Company regarding delivery, timing and location of said equipment. Customer is responsible for installing its own equipment in the space Customer has leased. Customer acknowledges and agrees that Company is not responsible for any damage of any kind to the Customer equipment and hereby releases and indemnifies Company for any and all such claims, damages and liabilities.
Prior to the commencement of any custom installation work within the Customer colocation space, Customer will, at its cost and expense, prepare and deliver to Company working drawings, plans and specifications (the “Plans”) detailing the technical characteristics, location, and size of the equipment, specifically describing the proposed installation and related work, and detailing the schedule for all installation activities. No work will commence until Company, in its sole discretion, has approved the Plans in writing.
- perform installation and related work in a professional and safe manner consistent with the equipment manufacturers’ specifications and other reasonable requirements established by Company; and
- perform construction and work so as to minimize interference with the operation of the building and the occupants’ activities and businesses; and
- perform heavy construction or installation activities which would reasonably be considered as disruptive or noisy before 8:00 a.m. and after 5:00 p.m.; and
- obtain necessary federal, state and municipal permits, licenses and approvals, prior to the commencement of any installation and related work; and
- conduct its installation activities using trained technicians; and
- be responsible for safety conditions in the areas of work performance at all times; and
- keep the installation areas safe and orderly at all times; and
- upon completion of installation, leave the building clean and free from all materials, tools, and equipment not required after installation and from all rubbish and debris which results from installation.
Company will have the right to order Customer to prevent or stop installation activities, without liability to Company, if such activities, within Company’s sole judgment, will interfere or are interfering with the operation of the building or the occupants’ activities and quiet enjoyment thereof.
Customer may not make any construction changes or material alterations to the interior or exterior portions of an
Company facility, including any cabling or power supplies for its equipment.
Company may perform and manage construction or material alterations within an Company facility upon requests by Customer at rates to be negotiated between Company and Customer. Customer will pay or cause to be paid all costs and charges for work done by Company on or about the Company facility and for all materials furnished for such work. Customer will indemnify Company against and hold Company harmless against all liabilities, liens, claims and demands on account of such work done by or on the behalf of Customer.
Company will have the right to relocate or require the relocation of Customer equipment, if such relocation is necessary in Company’s reasonable judgment. In such event, Company will provide Customer with reasonable advance notice of the need to relocate the equipment, and the parties will meet to agree upon the activities required for such relocation. Company will be responsible for all costs related to meeting its obligations under this colocation services agreement in providing the new relocation space. Customer will be responsible for all costs of relocating the equipment to the new space.
If Customer and Company are unable to agree upon the terms of such relocation, Customer may terminate the colocations services agreement upon thirty (30) days prior written notice and remove Customer equipment within 30 days and restore the premises to its original condition, normal wear and tear excepted. If Customer fails to either terminate or relocate in a timely manner, Company may either relocate the equipment at Customer’s expense and without liability, or terminate colocation services without liability to Customer.
Termination or Suspension Of Colocation Services Agreement
Company reserves the right, at all times, to suspend the colocation services agreement and suspend access to the Company facility and any and all Company services, including electrical power; furthermore, Company reserves the right, at all times, to remove, change, or otherwise terminate the operation of the Customer equipment installed in Customer’s space without notice if Company deems, in its sole discretion, that suspension is necessary either (i) to protect the public or Company’s employees, agents, subcontractors, facilities or services from damage or injury of any kind, or (ii) because Customer’s use of the colocation space violates any law, rule or regulation. Company may also suspend Company services after notice to Customer in accordance with the terms of the colocation services agreement. Company will use reasonable best efforts to notify Customer promptly of a suspension, and work in cooperation with Customer to remedy the situation and resume Services.
Scheduled maintenance will mean any maintenance at the Company facility at which Customer’s equipment is located that is performed during the standard maintenance window, defined as 11:00 p.m. to 6:00 a.m. every day.
In the event an emergency situation arises, Company may be required to perform emergency maintenance, without any liability to Company, if deemed necessary in Company’s reasonable judgment. Notice of emergency maintenance will be provided to Customer’s primary contact by a method elected by Company (telephone, email, text message, fax, or page). During these scheduled and emergency maintenance periods, Customer equipment may be unable to transmit and receive data and Customer may be unable to access its equipment. Customer agrees to cooperate with Company during any scheduled or emergency maintenance period.
If Customer requires support from Company, Customer may call the Company Service Center at (800) 360-4467. When Customer calls Company for support, Customer should be prepared to provide the following:
- Customer name
- Contact name
- Contact telephone number
- Contact email address
- Colocation center address
- Brief description of problem or issue with relevant supporting information
Upon receiving a request for assistance from Customer, Company will log Customer’s issue in the Company’s trouble tracking system. Customer will be provided the trouble ticket number for future reference. Customer will be provided regular status updates as well as closing/resolution information.
Remote Hands Service
Company will also provide Remote Hands support for basic operational functions on a time-and-materials basis upon individual requests by Customer. The current rates will apply for this support.
Basic Remote Hands support include:
- Report space and equipment status. Company will report status of LED lights, LCD readouts, state of toggle switches, status of cable connections, and other visual parameters
- Reboot equipment per Customer instruction
- Press reset or other button on the front panel or other easily reached location on the equipment per Customer instruction
- Reconnect loose cables per Customer instruction
- Rest or shut down power to equipment per Customer instruction
- Receive shipment and/or store Customer equipment
- Company will receive and store equipment prior to installation with a receipt and approval a Ticket at least three (3) days prior to the shipping date.
- Delivery must take place Monday–Friday, 8 a.m.–5 p.m. local time, excluding Holidays.
- Customer will supply a complete inventory of items to be shipped to Company to be included in the Ticket.
- Minimum of two (2) hour service fee at the standard hourly rate, plus the current per day storage rate.
- Customer will make all reasonable efforts to coordinate delivery of equipment to Company and the installation of equipment to prevent long-term storage. Company reserves the right to return any equipment that has been stored more than thirty (30) days, at Customer’s cost.
To order Remote Hands service, Customer will request a Service Ticket (“Ticket”) by calling the Company Service Center at 1-800-360-4467. Company will contact the Customer to discuss the activity requested. Company will make an effort to accommodate Customer’s request and will either accept the request as submitted, discuss an alternative approach with the Customer, or reject the Customer’s request. Based on the parties’ discussion, Company will identify the date Company is available to provide the Service (“Service Date”), and specify a time that the Company personnel will be at the location identified within the Ticket to perform the requested Service (“Service Time”).
In case of changes to the Ticket, Company will note any modifications on the Ticket, and return the Ticket to the Customer contact via email. Upon receipt, Customer will accept the revised Ticket by replying with an email acknowledgement.
Remote Hands service will be provided on a time and materials basis, including travel time from dispatch to Customer’s colocation space and return to the dispatch location. The standard rate will apply during normal working hours, defined as Monday through Friday, 8:00 a.m. to 5:00 p.m. local time. Off-hour rate will apply to evenings, weekends, and holidays.
The following days are considered “Holidays”: New Year’s Day, MLK Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the day after, and Christmas Day. Company reserves the right to modify this list of Holidays by providing written notice, via email, to Customer. Such a modification will impact charges incurred ten (10) calendar days after receipt of such notice.
A Service may require a minimum charge. If actual performance of the Service exceeds the established minimum time, thereafter Customer will be billed at the appropriate hourly rate in increments of 15 minutes. In order to cancel or reschedule Service, Customer must provide notice to Company no less than 72 hours prior to the Service Date and Service Time noted in the Ticket. If Customer cancels or reschedules Service with less than 72 hours prior notice, Customer will pay Company the greater of (a) Four (4) hours of the current hourly rate for the scheduled time, standard or off-hours, or (b) actual time and materials involved with Company’s reasonable attempted performance of the Ticket.
On the Service Date and at the Service Time, an Company representative will call the Customer contact for instructions. If the Customer contact is not available, the Company representative will leave a call-back number, and will remain on- call for 60 minutes. If Customer fails to contact Company within such 60 minute period, Customer will be charged as a cancelation or reschedule event. If Customer contacts Company within such 60 minute period, Customer will be charged from the Service Time through completion of the Service.
Company’s representative will perform each Service until completed and/or until Customer releases the Company representative. Notwithstanding, no Company representative may work more than 14 hours in a 24 hour period, including travel time. If a Service is interrupted by such limitation, Company and Customer will coordinate a new Service Date and Service Time for completion of the Service.
Customer will maintain the following minimum insurance policies:
- Workers’ Compensation with statutory limits, and Employer’s Liability Insurance with a limit of $1,000,000.
- General Liability Insurance with a combined single limit of $2,000,000 per location, naming Company and the Landlord (if necessary) as Additional Insured.
- Automobile Liability Insurance with a limit of not less than $1,000,000 per occurrence covering the ownership, operation and maintenance of all owned, non-owned, or like vehicles, naming Company and the Landlord (if necessary) as Additional Insured.
All required insurance policies will be maintained by Customer while Customer is in contract for Company colocation space and any period during which any claims arising from the colocation services agreement are or may be outstanding. Upon Customer’s default in obtaining or delivering any such policy or certificate of insurance or
Customer’s failure to pay the premiums therefor, Company may (but will not be obligated to) secure or pay the premium for any such policy and charge Customer the cost of such premium, or Company may immediately terminate the colocations services agreement and all associated term(s) without liability to Customer. Customer will provide Company Certificates of Insurance indicating the required coverage prior to accessing the colocation space. Customer will notify Company in writing not less than thirty (30) days prior to any cancellation or material change in coverage or provider.
Parking spaces cannot be reserved for Customer employees on Company property. Customer employees must obey parking lot directional signs, speed limits and proper parking. Personal long distance calls are not to be charged to Company telephones, nor made on an unauthorized basis from switchboards, test-boards, terminals, or other facilities locations.
Condition of Space And Building
COMPANY MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER HAS INSPECTED THE SPACE, ACCEPTS THE SAME “AS IS” AND AGREES THAT COMPANY IS UNDER NO OBLIGATION TO PERFORM ANY WORK OR PROVIDE ANY MATERIALS TO PREPARE THE SPACE OR THE BUILDING FOR CUSTOMER.
Adherence to Rules And Policies
THE COMPANY COLOCATION CENTER POLICIES AND RULES AND OTHER COMPANY POLICIES AND PROCEDURES MUST BE ADHERED TO AT ALL TIMES. CUSTOMER AGREES TO COMPLY AT ALL TIMES WITH FEDERAL, STATE AND MUNICIPAL LAWS, ORDERS, RULES AND REGULATIONS APPLICABLE TO ITS ACTIVITIES AND ITS EQUIPMENT. VIOLATION OF SUCH POLICIES COULD RESULT IN A REMOVAL OR DENIAL OF ACCESS TO COMPANY FACILITIES AND/OR TERMINATION OF THE COLOCATION SERVICES AGREEMENT(S).