Dynamic Internet

Server Co-Location Agreement

 

Please also review our acceptable use policy (http://www.dyni.net/aup.html)

1) Definitions

a) “DYNI.NET” refers to Dynamic Internet and its principals.

b)  "Service" is the physical space Customer server occupies, cables connecting Customer equipment to the network of DYNI.NET and Internet bandwidth provided to Customer by DYNI.NET.

c) "lnternet Address" means such sequence of alpha numeric or numeric only characters as are used from time to time by the Customer to identify their own user(s) or computer(s) to other computers to which DYNI.NET is from time to time connecting or otherwise forwarding data to and from the Customer.

d) "lP" means Internet Protocol. As in IP Addresses

e) "Internet” means the global data network comprising interconnected networks using TCP/IP (Transmission Control Protocol/lnternet Protocol).

2) Access to the DYNI.NET premises

a) Access to DYNI.NET premises by the Customer is not authorized unless permission has been explicitly granted by DYNI.NET on each separate occasion and conducted during normal working hours. (I.e. 9.30am to 6.00pm Mon-Fri).

 

b) The Customer is expressly not authorized to use, modify or inspect any other equipment located on DYNI.NET premises during any DYNI.NET premises visit.

c) The Customer is responsible for insuring all material stored at the DYNI.NET premises.

d) Maximum dimensions of the Server Co-Located:

Mid-tower dimensions exceeding 18" H 8 1/2" W 17 1/2" D may be charged an additional fee for rack space usage. Any unusually large equipment rack-mount or otherwise must be approved by DYNI.NET and may require an additional fee.

3) Additional Equipment Co-Located

Any devices required to be co-located in addition to the server is chargeable. Additional devices are split into Assigned IP and Non-Assigned IP devices. Non-Assigned IP devices may include one or more of the following equipment examples, Monitor, External Hard drive, External CD, External back-up unit (e.g. tape drive, RAID system etc), External Analogue Modem, UPS devices where Assigned IP devices are Hubs, Switches and Firewalls.

4) Liability

Customer agrees not to hold DYNI.NET responsible for equipment damage unless due to gross negligence on behalf of DYNI.NET. Customer shall maintain insurance of their own equipment as desired.

5) Server activity limitations

If usage for the specified plan is exceeded, Customer shall be charged the pre-determined rate per GB (Gigabyte, 1000 MB) of additional transfer.  Total usage is noted at the end of the month and is available to the customer. If Customer exceeds 1 Mbit 95th percentile of bandwidth usage, DYNI.NET reserves the right to change billing method to industry standard 95th percentile.

6) Network up-time guarantee

DYNI.NET will make its best effort to maintain the uptime of the network. If network down-time should exceed one hour on any given day, then Customer shall be credited the prorated fee for the entire day on their next monthly bill. Reasonable scheduled maintenance windows do not count towards the hour.

7) Power supply

A standard 250 or 300w 110v AC power supply is the maximum allowable power supply for Customers equipment.  A digital watt-meter will be used on server arrival to determine current draw.  If current draw is greater than 200w continuous, a power consumption surcharge may apply.

8) IP number allocation

Customer is expected to make proper use of IP addresses and to maximize IP address effectiveness however possible. Abuse of IP addresses may be grounds for removal of additional IP addresses or agreement termination.

9) Operating system and Application software installed on Co-Located Server

DYNI.NET reserves the right to audit the server at anytime for non-compliant software. Non compliant software is software that has any capability to compromise network security or interfere with the connectivity of other users of the network. DYNI.NET reserves the right to disconnect or suspend the Service if failure to comply, with or without warning.

10) Un-lawful server content

Customer shall offer content in compliance with local and national law.  DYNI.NET will fully comply with the requests of local and federal law enforcement agencies.

11) Termination

This agreement shall remain in force for the duration of the service with DYNI.NET. Termination can be affected as follows:

a) Customer may terminate this agreement by notifying DYNI.NET “10 days” prior to the Customers chosen cut-off date. Customer will be charged a pro-rated fee for the ending month.

b) Customer must arrange for pick-up of equipment upon termination of agreement. DYNI.NET is not responsible for any equipment damages after the equipment has left the premises.

c) DYNI.NET reserves the right to alter this agreement and Service provided at any time. Changes and updates to agreement are to be provided to the customer via web site. DYNI.NET reserves the right to discontinue Service to Customer for any violation of agreement or acceptable use policy.