As a sub-service of Netwurx Internet LLC (herinafter, “Netwurx”), the hosting is subject to all the terms of service spelled out on Netwurx primary site, whether applicable or not.

Those terms can be found at https://www.netwurx.net/legal.html. Additional specific terms of service related to datacenter hosting are located here. Both are in full force and effect for services provided by Netwurx.

Connectivity

The connectivity provided by Netwurx is open to the internet without firewalls or any devices inline that prevent access to your equipment. It is the customer’s responsibility to secure their own equipment how they see fit for their usage.

Netwurx recommends something in place, like a router with a firewall, iptables on your server, a fail2ban service or some form of a Access Control List which limits what ports on your equipment listen the internet. If your equipment becomes compromise, it is not Netwurx responsibility in providing you with a connection to the world, to secure your equipment. Any network device that is compromised or damaged is not covered in any way by Netwurx’s service.

Access to the Data Center & Remote Hands Policy

Netwurx data center customer’s are provided business hours access defined as the Wells Building business hours (currently Monday through Friday, 7AM to 7PM and Saturdays 7AM to 3PM). These hours are subject to change without notice from Netwurx by the Wells Building. Additional access of twenty-four / seven (24/7) access is available at additional cost and requirements by the Wells Building. This affords customers to come an go at their availability (during the aforementioned periods) as well as have access in emergency situation (ie like their equipment malfunctioning). Customer’s will always have access to their equipment unless some legal or other lawful situation prevents it.

Very rarely is it a connectivity issue to the outside world that would need Netwurx attention. If a customer requires a Netwurx employee response, the following conditions apply:

If you are a long distance customer and can not access your equipment in person or insisted, for any reason, that Netwurx’s provide a ‘remote hands’ service. There is a fee of $250 per hour at a two hour minimum for this because it is normally outside normal hours when this is requested and our employees end up getting called in to work on equipment that Netwurx doesn’t own. This is on an availability notice if Netwurx isn’t already engaged in an outage response on their network or equipment or another customer. This is at Netwurx discretion in all absolute terms.

Additionally, no phone request will be honored for any work within the aforementioned work service without a written request (acceptable, in an email) by an authorized representative of the tenant’s equipment that request’s Netwurx to initiate remote work. This implicitly implies this authorization is done by a duly responsible person authorized to act on behalf of or is the tenant in question. For example, the tenant of the colocation space is unavailable and a newly hired employee calls and requests Netwurx to go investigate their equipment; if they are not listed as an authorized representative by the account holder; Netwurx will not take any action until the account holder either authorizes them (via email) or emails in a request. All emails can be sent to noc@netwurx.net with a copy to support@netwurx.net. This notifies our Netwurx Operations and automatically creates a work ticket by the automated system with support. No work can begin without this being done.

Indemnity

The account holder indemnifies and hold’s harmless any Netwurx employee that is requested to work on their equipment or any events that follow on behalf of that work. Netwurx will inspect and troubleshoot equipment that is unresponsive beyond the provided connectivity that Netwurx provides and will notify the account holder or representative as soon as a diagnosis is done. Netwurx will call twice and leave a voicemail then email the contact person. If not response is received by a Netwurx employee within 20 minutes, they will consider the situation resolved for that period and leave.

Netwurx diagonsis of equipment is in the found equipment and not modifications are made by any Netwurx employee without informing the customer. Netwurx accepts no responsibility for any damage or defect found in the equipment in the state it is found it. Netwurx is not responsible for any cost’s incurred for fixing or correcting any equipment malfunctions. Account holder’s are completely responsible for their own equipment and indemnify Netwurx in any way for their equipment’s state.

Force Majure

Netwurx makes the best effort to provide 99.9% uptime and connectivity for all data center tenants. However, should an event arise outside of Netwurx’s control the following us un full force and effect with any data center related activity. The space lease agreement has the following clause which applies:

A Party (either Netwurx or customer/tenant/lessee) shall not be considered to be in default or breach of this Agreement, and shall be excused from performance or liability for damages to the other Party, if and to the extent it shall be delayed in or prevented from performing or carrying out any of the provisions of this Agreement, arising out of or from any act, omission, or circumstance by or in consequence of any act of God, labor disturbance, sabotage, failure of contractors or suppliers of materials, act of the public enemy, war, invasion, insurrection, riot, fire, storm, flood, ice, earthquake, explosion, epidemic, breakage or accident to machinery or equipment, acts of other internet bad actors causing DDOS, reflexive, or other type of internet attack or any other cause or causes beyond such Party’s reasonable control , including any curtailment, order, regulation, or restriction imposed by governmental, military or lawfully established civilian authorities, or by making of repairs necessitated by an emergency circumstance not limited to those listed above upon the property or equipment of the Party or property or equipment of others which is deemed under the Operational Control of the Party. A Force Majeure event does not include an act of negligence or Intentional Wrongdoing by a Party. Any Party claiming a Force Majeure event shall use reasonable diligence to remove the condition that prevents performance and shall not be entitled to suspend performance of its obligations in any greater scope or for any longer duration than is required by the Force Majeure event. Each Party shall use its best efforts to mitigate the effects of such Force Majeure event, remedy its inability to perform, and resume full performance of its obligations hereunder. A Party suffering a Force Majeure event (“Affected Party”) shall notify the other Party (“Non-Affected Party”) in writing (“Notice of Force Majeure Event”) as soon as reasonably practicable specifying the cause of the event, the scope of commitments under the Agreement affected by the event, and a good faith estimate of the time required to restore full performance. Except for those commitments identified in the Notice of Force Majeure Event, the Affected Party shall not be relieved of its responsibility to fully perform as to all other commitments in the Agreement. If the Force Majeure event continues for a period of more than 90 days from the date of the Notice of Force Majeure Event, the Non-Affected Party shall be entitled, at its sole discretion, to terminate the Agreement.

IP Space & Canary Policy

Netwurx does not maintain any canary list anywhere. We do not interfere with customer’s usage of space or their IP. As stated previously, Netwurx does not firewall in front of anyone’s connectivity. However, Netwurx does comply with any legal process presented to us. If you work draws the attention of a Federal, State or local law enforcement, Netwurx complies with any subpoena or lawful order presented by a court of proper jurisdiction.

With respect to the previous paragraph, if your connection draws an IP ban from any other entity on the internet, Netwurx is not required to issue you new IP Space to circumvent that ban. Your activities got you banned for whatever reason. It is your responsibility to get yourself unbanned. Netwurx does not lets customer’s IP hop. For whatever reason you are banned on one IP, we will not let you keep getting other IP space Netwurx owns on it’s ASN’s banned, further. In rare cases, if your activities are causing interference with Netwurx business operations, your account will be closed, your connection terminated and you will have 30 days from the date of Netwurx’s mailed notice to you to recover your equipment from the data center or be subject to abandonment laws in the State of Wisconsin.

If you are a DIA customer, you will have to contact your provider about any IP bans, Netwurx can not help you with that.

Privacy

Netwurx makes a diligent effort to keep private any information from any customer, however, from time to time their are third party vendors that request information. Netwurx does not disclose any information. The request is passed directly on to the customer and is, at their discretion, a choice whether to disclose the information or not. Netwurx’s does not share any information that is personally identifiable information or can be aggregated to become personally identifiable.

Equipment Security & Theft Policy

Netwurx provides a secure environment with lockable cabinets. Customer’s are assigned a cabinet and should only be accessing their equipment. The data center is monitored 24/7 by multiple cameras. Any person entering a cabinet that does not belong to them leaves Netwurx in a position to investigate and remove that person from the access to the data center or further measures.

Any theft of any kind of anything in the data center is turned over to the Milwaukee police department. This is a no questions asked policy. It is just done. Once Milwaukee police have the security footage, Netwurx has no more involvement outside of banning that person’s continued access to the data center. People working on any equipment in the data center for any customer needs to have authorization from that customer to do so. Any complaints about any breach of this kind is subject to the above mentioned turning over security footage to local law enforcement. Netwurx does not tolerate unauthorized access of any kind in the data center.