Datacenter
DJzone Internet does not have
servers in our basement. We lease our servers that
sit in a real professional climate controlled secure
datacenter in Colorado. The reason we lease our
dedicated servers and do not own is the simple
fact the computer industry is so volitile and in
order to stay on the cutting edge our lease allows
us to upgrade every 6 months to the latest hardware
and software.
Eveyone knows a computer is obsolete after 6 months.
Our clients know they will never be hosted on obsolete
machines and that their data will always be safe
because of stringant backup policies of a true
datacenter with a 24 hour BONDED staff.
Located just south of Downtown Denver in the Denver
Tech Center, the Data393 Data Center facility
includes more than 13,000 square feet of raised
floor data
center space, 1,200 square feet of "telco-style" space,
plus a high tech Network Operations Center (NOC),
conference rooms, administrative space and break
rooms.
Our highly-stable IT infrastructure
features a controlled, 13,000 sq. foot raised-floor
environment with redundant UPS units and back-up
generators, fire detection and suppression, ample
HVAC with separate cooling zones and humidity
control. Standard cabinets are 27x39x84 manufactured
by Chatsworth Products (CPI) and include built-in
vertical cable management, combination lock,
and front/back vented doors. Wide aisles provide
convenience for the installation and maintenance
for today's rack-mounted servers.
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Environmental
Cooling and humidity is controlled by 14 air handling
units (AHUs) featuring N+1 and N+2 redundancy (dependant
on location within the center). The system keeps
the operating environment in the data center at
68 degrees with 45% humidity with a variation of
no more than +/- 4 degrees of temperature and 4%
humidity.
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Power
Electrical power from Colorado's Xcel Energy is
delivered from redundant feeds from the Surrey
Ridge substation. The electric service in the building
is connected to parallel redundant Powerware UPS
units, which delivers conditioned power to the
data center via a Starline Bussway system. This
system eliminates the need for traditional power
distribution units (PDU's) and enhances the reliability
of the system as well as making "A" and "B" power
available to every computer equipment cabinet.
The power is backed up by two diesel generators
connected to separate automatic transfer switches
(ATS).
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Fire Detection & Suppression
Fire detection within the Data Center is provided
by an early detection alarm system monitored both
within the Network Operation Center (NOC), and
by Honeywell as a backup, third-party monitoring
service. The monitoring system informs the NOC
staff of the specific alarm generating the warning
and its location. The data center has detectors
installed both above, and below, the raised floor.
The fire suppression system is a pre-action, dry
pipe which would discharge water only from the
appropriate locations when the heat in the Data
Center increases enough to trigger a fire sprinkler
head. The discharge of a sprinkler would signal
the emergency power-off switch, which would simultaneously
turn off the commercial electrical power to the
Data Center and switch to UPS power.
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Secure Access
Access to the DJzone data center is controlled
by access card and biometric scanning systems.
All data center entrants must be authorized by
DJzone3 Network Operations Center (NOC) personnel
prior to entry to the facility. In order to reduce
the risk of lost or stolen access cards, all cards
are kept on file within the NOC. To obtain entrance,
visitors are required to surrender photo identification
to NOC personnel for verification before receiving
an access card. For additional security, entrance
to all raised-floor and colocation areas requires
both a biometric scan and use of the access card.
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Surveillance
More than 40 high-tech cameras, connected to a
closed circuit digital video recording system monitor
the data center. This system provides NOC staff
with the ability to visually monitor all doors
to the data center and all cabinets within the
data center. The system detects any movement, triggering
one or more of the cameras to capture a digital
image of the movement, which is recorded and archived.
The images are archived periodically and can be
transferred to any digital media on-demand.
Terms of Service THIS AGREEMENT is made and entered between Sid
Vanderpool DBA DJzone., located at PO Box 2552,
Twin Falls, ID 83303-2552, hereinafter referred
to as DJzone and the Customer, who wishes to use
the services of DJzone in accordance with DJzone's
policies and standards.
NOW, THEREFORE, in consideration of the foregoing
premises and the mutual covenants hereinafter set
forth, the parties hereto agree as follows:
1. SERVICE DESCRIPTION: As a World Wide Web service
provider, DJzone provides Internet web hosting,
ecommerce, and associated services and maintains
a network of dedicated server computers, routers,
hubs, switches, other equipment and software (collectively,
the "Network") located in Washington
and North Carolina which is integrated with the
Internet. This Network sends and receives data
and information in relationship to the World Wide
Web. Customer wishes to connect to the World Wide
Web utilizing the hardware and software resources
of DJzone to establish an Internet web presence
using DJzone's Network.
2. CONDITIONS: The application and this Agreement
constitute a legal and binding contract between
DJzone and the Customer and does not extend to
any other person or entity. Customer may resell
to third parties but is responsible for third party
activities and content, and is bound by the terms
under this Agreement. Excess resources utilized
by Customer to include data transfer, disk space
and virtual host limits shall be be paid for by
Customer. DJzone will bill Customer and Customer
shall pay for excess resources used by Customer.
If Customer exceeds the virtual host limit for
a particular virtual server, DJzone will automatically
upgrade customer to the next higher level server.
Cancellations after an application is received
and webspace is set-up will still hold the Customer
responsible for costs incurred by DJzone concerning
the set-up of the web space. All cancellations
must be IAW DJzone's billing policies located on-line
at http://www.DJzone.com/billing.htm. All cancellations
shall be in writing and delivered via postal mail
or facsimile to the accounts receivable department
of DJzone with telephonic confirmation.
3. WARRANTIES: With respect to the services to
be provided herein, the Customer acknowledges that
DJzone makes absolutely no warranties whatsoever,
express or implied. As a result, the Customer agrees
that DJzone shall not be liable to the Customer
for any claims, damages or loss of profit which
may be suffered by the Customer or any other entity
in any respect for direct, indirect, consequential,
actual, or punitive damages arising out of or in
relation to the services provided herein, including,
but not limited to, losses or damages resulting
from the loss of data as the result of delays,
non-deliveries, or service interruptions.
4. INFORMATION: The utilization of any data or
information received by the Customer from the utilization
of the service to be provided by DJzone is at the
Customer's sole and absolute risk. DJzone specifically
disclaims and denies any responsibility for the
completeness, accuracy or quality of information
obtained through the services to be provided hereby.
5. DOMAIN NAME: If DJzone shall acquire an Internet
Domain Name on behalf of the Customer, then in
such case the Customer hereby waives any and all
claims which it may have against DJzone, for any
loss, damage, claim or expense arising out of or
in relation to the registration of such Domain
Name in any on-line or off-line network directories,
membership lists or registration lists, or the
release of the Domain Name from such directories
or lists following the termination of the providing
of this service by DJzone for any reason.
6. PAYMENT: The set-up fee and first payment are
due at the time the on-line application and Agreement
are filled out, and electronically returned to
DJzone. Subsequent payments are due according to
the selected fee schedule following the establishment
of the web space or service on the Internet. Web
space and services will be billed a minimum of
one (1) month in advance depending on the selected
fee schedule. Subsequent payments are due on the
5th day of each month as per the selected fee schedule.
In the event that the Customer fails to pay for
such services in advance, DJzone shall be entitled
to unilaterally terminate this Agreement and discontinue
the service until payment is made.
7. UNILATERAL SERVICE REVOCATION: In the event
that DJzone may at any time believe that the service
is being utilized for unlawful purposes by the
Customer or in contravention with the terms and
provisions herewith, DJzone may immediately discontinue
such service to the Customer without liability.
This will include failure to pay, adult content
and/or unsolicited email.
8. INDEMNIFICATION: The Customer shall indemnify
and hold harmless DJzone from any and all loss,
cost, expense, and damage on account of any and
all manner of claims, demands, actions, suits,
proceedings, judgements, costs and expenses that
may be initiated against DJzone and DJzone's officers,
directors, and employees for any service provided
to Customer by DJzone to include web space content
that violates any copyright, proprietary right
of any person, state and federal regulations, or
contains any matter that is libelous or scandalous.
9. CHANGES IN TERMS OF AGREEMENT: DJzone reserves
the right to make changes to the terms and conditions
of this Agreement at any time, and to the on-line
application to include service pricing, advising
of the change and the effective date thereof by
publishing it to the appropriate DJzone web site,
but with changes in service fees being effective
only at the end of any period for which the Customer
has prepaid. Utilization of the service by the
Customer following the effective date of such change
shall constitute acceptance by the Customer of
such change(s). Customer is solely responsible
for staying informed with respect to changes in
this Agreement, the application, Acceptable Use
Policy and Billing Policy, all of which are published
on-line.
10. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument,
the application for web space and services, DJzone's
AUP (Acceptable Use Policy) and DJzone's BP (Billing
Policy), all of which are published on DJzone's
web site, are incorporated by reference and constitute
the entire agreement between the parties, and represents
the complete and entire understanding of the parties
with respect to the subject matter of this Agreement.
11. RELATIONSHIP: The parties hereto are independent
entities and nothing contained in this Agreement
shall be construed to constitute Customer an agent,
employee, partner, independent contractor, joint
venturer, or any other similar entity.
12. GOVERNING LAW: This Agreement shall be governed
by the laws of the State of Idaho in the United
States of America. Each party agrees that jurisdiction
and venue for any and all claims, disputes or other
matters arising out of the services provided herein
and under this Agreement will only lie in Cumberland
or Wake Counties, North Carolina. If any action
at law or in equity is brought to enforce or interpret
the provisions of this Agreement and services provided
herein, the prevailing party in such action shall
be entitled to all reasonable costs to include
attorney fees.
13. ARBITRATION: In the event a dispute or controversy
arises out of or relating to this Agreement, such
dispute or controversy (including contentions that
a party is in default in performance of its obligations
hereunder, but excluding questions as to the validity
and binding effect of this Agreement, which shall
be conclusively presumed) shall be submitted to
arbitration in accordance with the Commercial Arbitration
Rules of the American Arbitration Association,
and judgment upon the award may be entered in any
court of competent jurisdiction.
14. SEVERABILITY: In the event that any term or
provision of this Agreement is held by a court
of competent jurisdiction to be illegal, unenforceable
or invalid in whole or in part for any reason,
the remaining provisions of this Agreement shall
remain in full force and effect.
15. CONFIDENTIALITY: Customer acknowledges that
any information not generally known by or disclosed
to the public to include but not limited to computer
programs, source code, algorithms and inventions
are the property of DJzone and may not be utilized
or released without the express written permission
of DJzone.
16. INTERPRETATION: The format, words and phrases
used herein shall have the meaning generally understood
in the Telecommunicatons/Software/Internet Industries.
This Agreement shall be construed in accordance
with its fair meaning and not against the drafting
party.
IN WITNESS WHEREOF, the parties hereto, intending
to be legally bound hereby, and in consideration
of the covenants and agreements contained herein,
do hereby execute this instrument, with each party
warranting their ability to enter into this Agreement
for the person or entity herein named as a party
hereto. By filling out the on-line application
directly or by placing an order telephonically
and clicking on "Accept" below, Customer
agrees to all the terms and conditions of this
Agreement.
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