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Last Updated: November 22, 2024
This Acceptable Use Policy (“AUP”) specifies the rules, regulations, policies, and procedures required by Markley, LLC and affiliates (collectively “Markley”) to users of the Markley facilities (each a “Facility”) and services (each a “Service”). Markley reserves the right to modify this AUP at any time, effective upon posting of the modified AUP to the following URL: https://www.markleygroup.com/acceptable-use-policy . This AUP governs and controls all use of, entry to, or receipt of services from (collectively “Use”) each Facility and is incorporated into each agreement with Markley as if set forth fully therein. Capitalized terms not defined herein shall have the definition provided in the agreement applicable to the services.
1. Illegal Use
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 agreement(s) with Markley. Additional limitations may apply and are incorporated herein by reference.
2. Power
Pursuant to United States National Electric Code, unless a customer has approved, 100% rated circuits, current delivery may not exceed 80% of a circuit breaker’s rated capacity. All power circuits must be utilized solely to power the cabinet to which the circuits are assigned.
3. Hot & Cold Aisles
Heating, ventilation and air conditioning (“HVAC”) service in the Data Center Space, will be provided by Markley, which shall be subject to the direct control of Markley. Markley will provide sufficient cooling to maintain room temperature in the cool aisles in accordance with allowable ASHRAE standards in TC9.9 as may change from time to time. The colocation facilities are designed with hot and cold aisles to optimize cooling. In the event that Customer installs its equipment in a manner that does not comply with the hot and cold aisle design, Markley will be relieved of its obligations to maintain allowable ASHRAE standards within the room. Markley may require Customer to reconfigure its equipment to conform to the hot and cold aisle design at any time. Refusal to cooperate with these requirements will be a direct violation of this AUP and may result in a monthly charge and forfeiture of the SLA for the affected area.
4. System & Network Security
Violations of system or network security are prohibited, and may result in fines, or criminal and civil liability. Markley 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:
Receiving or transmitting content that may adversely affect the integrity of the telecommunications/data communications network and/or network components owned, operated and controlled by Markley (“Markley Network”), as determined by Markley in its sole discretion.
5. Data Center Connectivity & Cross Connect Rooms
The following rules apply: (i) third party telecommunications carriers (“Carriers”) and resellers who do not have a signed, current agreement in place with Markley may be denied cross-connects; (ii) Carriers who have not signed an agreement with Markley are prohibited from utilizing any approved Carrier to access a Facility; (iii) Markley reserves the right to remove any unauthorized cross-connects or connections that could compete with Markley’s business interests or violate the terms of this AUP with or without prior notification; (iv) Cross-connects between connectivity providers that are intended to use a Facility as a pass-through to connect to data centers not owned by Markley within a greater geographic area in which the Facility is located (as such area may be designated by Markley) are not permitted without express written consent by Markley, which may be granted, withheld, or conditioned, in Markley’s sole discretion; (v) costs for interconnection to third party facilities are negotiated on a case by case basis. For the avoidance of doubt, the definition of Facilities includes Markley owned conduits in or outside of a Markley owned building, or other physical pathways owned, controlled or operated by Markley and as such, by accessing such Facilities, Carriers are responsible for compliance with this AUP for the duration and effect of such access. Carrier is responsible for any Carrier or Carrier agent’s activities in the Facilities. Carrier will exercise professional care when accessing or using the Facilities, will defend and hold harmless Markley and all other users of Facilities, for, from and against, any and all claims, losses, damages, demands, and related costs (including attorney fees) and expenses to persons or property that arise from or are related in whole or in part, to acts or omissions of Carrier, its representatives, or the breach of any term or condition of this AUP attributable to Carrier or its agents, including any claim or right to contribution from Markley for injury to person, property, or service of any individual or entity due to Carrier’s acts or omissions within the Facilities.
Access to Markley Cross Connect Rooms (CCR) is strictly limited to Telco Technicians and Security Personnel, the latter for emergency purposes. Carriers looking to access the CCR for testing purposes need to be accompanied by Telco Technicians with only Telco Technicians handling any direct work with handoff panels. Markley reserves the right to exclude or expel from the Interconnection Facility any person who, in the judgment of Markley, is intoxicated or under the influence of liquor or drugs, or who shall in any manner do any act in violation of any of these Rules and Regulations.
All work within the CCR is handled exclusively by Telco Technicians.
Cross connects are strictly run within the CCRs and never between them. They are kept separate for diversity purposes.
Cross connect troubleshooting within the CCR is only handled by Telco Technicians and is only done given the permission of the customer who owns the circuit. Troubles reported by the far end customer for a circuit will only be looked at in the far end customer space unless explicit written permission by the circuit owner is given.
Disconnects are only processed Monday – Thursday. They are never processed on Fridays or on a company holiday. It is Markley SOP that if two way light is observed when testing non- intrusively on a circuit intended to be disconnected that no further work will be done unless permission is granted by the customer who owns the circuit and ordered it disconnected.
6. Customer Data
Markley does not have logical access to Customer systems or data, and instead only provides physical and/or environmental safeguards. Any and all individuals or entities entering with or on behalf of a Customer (collectively, “Customer Representatives”) as well as any individuals who use or benefit from the Use of Markley’s facilities or services acknowledge and agree that Markley does not require access to any confidential or private information of individuals, or confidential or private data on Customer’s Equipment in a Facility, if any (e.g. personal identifiable information, end user information, or end customer information). Any and all individuals or entities benefiting from the Use of Markley’s facilities or services acknowledge that Markley is not a controller, processor or subprocessor, hosting provider or data provider as those terms or similar terms may be interpreted by applicable law. Markley covenants not to attempt to logically or digitally access, manage, maintain, or process any information on Customer Equipment without the prior written consent of the relevant Customer and Customer covenants not to provide Markley with access to such information without the prior written consent of Markley.
7. Conduct/Tours/Third-Party Entry/Access
Any individual entering a Facility, including but not limited to Customers, Customer Representatives, vendors and Carriers, or any person physically or digitally accessing, utilizing, or benefiting from the Use of a Markley Facility (each a “User”) 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 Markley’s safety and security protocols and procedures. Users will not unnecessarily interrupt or inhibit Markley-led tours of the Facility. No liquid is permitted on the data center floor. Smoking 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. Since the Markley ecosystem is an ultra-secure mission critical environment, any persons that are deemed not to have the full trust and support of any of the Markley senior team members may be denied access to a Facility (whether Customer employees, former Customer employees, vendor employees, former vendor employees, former competitors’ employees, former Markley employees or any other persons). It is the responsibility of each body hiring individuals to work in the Markley ecosystem to vet past history of applicant to determine if such history violates any of the policies set forth in this AUP. All tours must be conducted by Markley personnel and tours are provided under the sole discretion of Markley’s senior management. 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 Markley Customers.
Customer shall comply with all safety, fire protection and evacuation procedures and regulations established by Markley or any governmental agency.
8. Cables
To maintain the first-rate quality standards within the Building, tenants or customers and their service providers shall not run cabling or fiber connections outside of tenants’ or customers’ leased private suites, cabinets, or cages. Tenants and customers must schedule any of their wiring requirements with the Building Operations office and use Building technicians. A tenant or customer may use its own internal resources to perform this work, however, in doing so it must retain the services of a Building technician or management representative in a supervisory capacity to ensure that the work performed meets facility’s quality standards.
Within tenants’ or customers’ private suites, cabinets, or cages, cables must be properly installed and maintained and either enclosed in cable management trays or in clean bundles for proper presentation and identification. Markley will not be liable for any damage, loss or interference resulting from Customer’s failure to adhere to industry standards for cable management. Markley will not provide Remote Hands 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 Markley.
9. Customer Space
Customer shall not overload the floor of the Space.
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). Markley may assist with providing these items to Customer. Other courtesy items such as crash carts, light towers, red (flat-bed) carts, etc. are for same-day use and must be returned before the end of each day. All tables, chairs, crash carts, ladders and other large items in Customer’s cage must be stowed after their use, prior to leaving a Facility, in an area of the cage space that is not visible from Markley’s 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 storage bins and cabinets. Customers must keep all equipment in storage bins when not in use. Equipment or materials should never be placed on the floor of the cage space. No cardboard or paper shall remain in the cage.
Should Markley determine there is a hazard in the Facility, then Markley will immediately remedy the hazard at Markley’s discretion. Any equipment, tools, or other materials abandoned in a Facility (e.g. left in a common area or a shared cage space), will be removed and may be disposed of without liability to Markley. In addition, any shipments, packages, and/or Customer equipment may not be left in shipping and receiving for extended periods. Markley may provide storage for Customer upon Customer’s request, provided such storage space is available.
On or before the Term Expiration Date (as may be extended by mutual agreement between Customer and Markley) or upon earlier termination of the Term, Customer will remove from the Space, Building, and property, at its sole cost and expense, all of its equipment, cabinets, panels, communication wiring, and anything else installed by Customer that Markley requests for Customer to remove.
10. Audit Reports
APPLICABLE AND CURRENT AUDIT REPORTS SUCH AS SSAE 18, PCI, OR OTHER REGULATORY COMPLIANCE CERTIFICATIONS OR AUDITS OF MARKLEY’S FACILITIES AND SERVICES (COLLECTIVELY “MARKLEY AUDIT REPORTS”) MAY BE AVAILABLE TO CUSTOMERS, ANNUALLY, UPON REQUEST, SUBJECT TO EXECUTION OF A SUITABLE NON-DISCLOSURE AGREEMENT AND/OR SERVICE CONTRACTS BETWEEN MARKLEY AND THE RECEIVING PARTY. BY RECEIVING AND/OR REVIEWING A MARKLEY AUDIT REPORT, YOU AND YOUR EMPLOYER HEREBY COVENANT AND AGREE TO KEEP THE AUDIT REPORT AND THE DATA THEREIN STRICTLY CONFIDENTIAL AND TO BE BOUND BY THE CONFIDENTIALITY AND INTELLECTUAL PROPERTY OBLIGATIONS IN EXISTENCE BETWEEN MARKLEY AND THE ORIGINAL RECIPIENT OF THE REPORT, ALL OF WHICH ARE EXPRESSLY INCORPORATED HEREIN AS THOUGH SET FORTH IN FULL. IN RATIFICATION OF THESE OBLIGATIONS, YOU AND YOUR EMPLOYER COVENANT AND AGREE TO ONLY SHARE THE MARKLEY AUDIT REPORT WITH RECIPIENTS UNDER THE SAME OR STRICTER CONFIDENTIALITY AND INTELLECTUAL PROPERTY OBLIGATIONS AND TO DEFEND AND HOLD HARMLESS MARKLEY FOR, FROM, AND AGAINST ANY AND ALL CLAIMS BROUGHT BY OR AGAINST MARKLEY FOR DAMAGE ARISING FROM OR IN ANY WAY RELATED TO YOUR UNAUTHORIZED DISCLOSURE OF THIS REPORT OR OF THE INFORMATION THEREIN.
11. Third-Party Payment Portals
Markley provides regular statements or invoices for its services. Markley will accommodate requests to email those statements or invoices to Customer’s requested email address. Generally, Markley will not accommodate use of third-party payment systems or payment software (“Payment Portal”) that require uploading statements or invoices. In the event that Markley agrees to accommodate a request to use a Payment Portal, the requesting party agrees to be responsible for any fees or charges imposed by such third-party Payment Portal. Markley’s accommodation, use of or affixing of a signature to any such Payment Portal, or other terms and conditions introduced by a Customer related to a vendor’s, or Customer’s or a third party’s software, statement of work, invoice, purchase order, Payment Portal, or similar instrument, does not constitute an agreement or modify the existing agreement with Markley.
12. Customer Portal
Customer acknowledges that Markley may provide Customer with access to an online Customer account portal (a “Customer Portal”). In the event Customer utilizes the Customer Portal, Customer agrees that the terms of the applicable master agreement between Customer and Markley apply.
13. Audio/Visual Recording
Users acknowledge that each Facility utilizes active audio and video surveillance for the safety and security of the ecosystem. Customer acknowledges that Markley may offer additional services that utilize active audio and/or video recording functions. Customer is prohibited from utilizing additional audio/video recording function(s) absent written approval from and in a manner consistent with Markley’s Security protocols and all applicable law, rules or regulations related to such audio/video recording.
14. Markley Equipment
Each User covenants and agrees, regarding any owned or controlled Markley property, Markley Facility or the equipment therein (the “Property”): (i) to not file any liens on any Property; (ii) that any right to file a lien on any Property, if any, is hereby waived; (iii) to require their subcontractors, vendors, and customers to ensure that no liens are filed on the Property; (iv) to immediately remove any Property lien so filed; and (v) to defend, and hold Markley harmless for, from, and against any and all damages or claims brought by or against Markley, arising from a Property lien.
If User is permitted to use any Property, User agrees to use the Property in the method and manner designed, in accordance with Markley policies and procedures and to return such Property in the same condition as it was supplied.
15. Mission Critical Vendor Status
To preserve continuity of service even in the event of voluntary or involuntary bankruptcy, force majeure, or any catastrophic event, all users acknowledge and agree that Markley is a critical vendor for those using its services. By using or entering into an agreement with Markley for its services, you acknowledge, covenant and agree that Markley’s services are both unique and essential to your operations. In the event of bankruptcy, you herewith agree to designate Markley as a critical vendor, that all payments prior to bankruptcy are essential, and not preferential or subject to claw back, and to file a motion to expressly identify Markley as a critical vendor under federal insolvency or bankruptcy law.
16. Doors & Locks
Customer shall not alter any lock or install any new or additional locks, bolts or card key access systems on any doors or windows of the Space without obtaining Markley’s prior written consent. Customer shall bear the cost of any lock changes or repairs required by Customer. Upon the termination of this Service Order, Customer shall restore to Markley all keys of stores, offices, and toilet rooms, either furnished to, or otherwise procured by, Customer and in the event of the loss of keys so furnished, Customer shall pay to Markley the cost of replacing same or of changing the lock or locks opened by such lost key if Markley shall deem it necessary to make such changes.
All doors opening to public corridors shall be kept closed at all times except for normal ingress and egress to the Space.
Markley reserves the right to close and keep locked all entrance and exit doors of the Building during such hours as are customary for comparable buildings in the vicinity of the Building. Customer, its employees and agents must be sure that the doors to the Building are securely closed and locked when leaving the Space if it is after the normal hours of business for the Building. Any customer, its employees, agents or any other persons entering or leaving the Building at any time when it is so locked, or any time when it is considered to be after normal business hours for the Building, may be required to sign the Building register. Access to the Building may be refused unless the person seeking access has proper identification or has a previously arranged pass for access to the Building. Markley will furnish passes to persons for whom Customer requests same in writing. Customer shall be responsible for all persons for whom Customer requests passes and shall be liable to Markley for all acts of such persons. In case of invasion, mob, riot, public excitement, or other commotion, Markley reserves the right to prevent access to the Building or the Interconnection Facility during the continuance thereof by any means it deems appropriate for the safety and protection of life and property.
17. Signage
Any signs, notices, logos, pictures, names or advertisements which are installed and that have not been separately approved by Markley may be removed without notice by Markley at Customer's expense. Customer may not install any signs on the exterior or roof of the Building or in the Common Areas. Any signs or other items visible from the exterior of the Space or Building, shall be subject to the prior approval of Markley, in its sole discretion.
18. Freight Elevators
No furniture, freight or equipment of any kind shall be brought into the Building without prior notice to Markley. All moving activity into or out of the Building shall be scheduled with Markley and done only at such time and in such manner as Markley designates. Markley will not be responsible for loss of or damage to any such property in any case. Any damage to any part of the Building or Interconnection Facility or their contents, occupants or visitors by moving or maintaining any such property shall be the sole responsibility and expense of Customer.
19. Bathrooms
The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any purpose other than that for which they were constructed, and no foreign substance of any kind whatsoever shall be thrown therein. The expense of any breakage, stoppage or damage resulting from the violation of this rule shall be borne by the Customer who, or whose employees, agents, invitees or Customers shall have caused same.
20. Third-Party Vendors/Contractors
Any contractors used by Customer for any work done in the building must be pre-approved by Markley by submitting such request in writing to Markley. Markley’s approval is at Markley’s absolute discretion. All contractors must submit required certificates of insurance to do any work in the Building.
21. Changes to AUP
Markley reserves the right at any time to change or rescind any one or more of these Rules and Regulations, or to make such other and further reasonable Rules and Regulations as in Markley’s judgment may from time to time be necessary for the management, safety, care and cleanliness of the Space, Building, Common Areas and/or the Interconnection Facility, and for the preservation of good order therein, as well as for the convenience of other occupants and Customers therein. Markley may from time to time and for a non-discriminatory good business reason waive any one or more of these Rules and Regulations for the benefit of any particular Customers, but no such waiver by Markley shall be construed as a waiver of such Rules and Regulations in favor of any other Customer, nor prevent Markley from thereafter enforcing any such Rules or Regulations against any or all Customers of the Interconnection Facility. Customer shall be deemed to have read these Rules and Regulations and to have agreed to abide by them as a condition of its occupancy of the Space.
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CUSTOMERS AND USERS AGREE THAT ACTUAL, INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AUP (EACH, A “VIOLATION”) MAY RESULT IN ASSESSMENTS OF FEES, FINES, SUSPENSION OR TERMINATION OF ACCESS TO THE MARKLEY NETWORK, MARKLEY SERVICES, AND/OR MARKLEY FACILITIES (INCLUDING THE DISABLING OF CROSS-CONNECTIONS) AT MARKLEY’S SOLE DISCRETION. VIOLATIONS OF THIS AUP BY A CUSTOMER’S END USER OR BY ANY THIRD PARTY ENTERING A FACILITY WITH OR ON BEHALF OF CUSTOMER, SHALL BE DEEMED VIOLATIONS BY SUCH CUSTOMER. SIMILARLY, VIOLATIONS OF THIS AUP BY ANY THIRD PARTY ENTERING A FACILITY WITH OR ON BEHALF OF A VENDOR OR CARRIER, SHALL BE DEEMED VIOLATIONS BY SUCH VENDOR OR CARRIER, RESPECTIVELY. Complaints regarding illegal use or facility or service security issues may be sent to security@markleygroup.com or legal@markleygroup.com.
