These Terms of Service govern your use of Mimo Rackshare’s colocation and related services. By signing up for or using the services, you agree to be bound by these terms and the incorporated Acceptable Use Policy (AUP). If you do not agree, you should not use the services.
For clarity, the following terms apply: Colocation Space refers to the rack units assigned to you in our shared racks. The Facility is the upstream data center located in Tucson, Arizona (or any replacement facility). Your Equipment comprises the hardware you own that is install in the colocation space. Network Services include IP transit, switching, cabling and related connectivity provided by us. A/B Power describes redundant power circuits allocated to your equipment.
Unless otherwise stated in your service order, the agreement operates on a month-to-month basis beginning on the ready-for-service date. It automatically renews month-to-month until either party provides 30 days’ written notice of termination. Provisions relating to acceptable use, confidentiality, liability and dispute resolution survive termination.
We allocate a specific number of rack units in our shared or private racks for your use. You must stay within the continuous power draw specified in your service order, maintain an appropriate power factor, and ensure your equipment’s heat output remains within the facility’s targeted temperature and humidity ranges. While our facility has redundant power and cooling, these measures reduce but do not eliminate the risk of outages.
Bandwidth and IP address allocations are set on your service order. Any dedicated IP addresses are assigned on a loan basis and remain the property of the issuer authorized to do so; they must be returned when your service ends. You may not perform unauthorized layer-2 bridging, manipulate spanning tree, spoof MAC addresses or create loops. Port security and other measures may be enforced to protect network integrity. Cross-connects to third-party services require prior approval and compliance with facility policies.
Our facility and uplinks are shared resources. We may shape or throttle traffic if your usage exceeds your committed limits or causes sustained high utilization of shared links. You must stay within the power allocation specified; if aggregate draw approaches protective limits, we may require you to reduce usage. Denial-of-service attacks and abusive traffic may result in immediate filtering, rate-limiting or disconnection. Active network scanning or stress testing is prohibited.
Physical access to your equipment is by appointment only and must be escorted by our staff. Valid government ID is required, and only the registered equipment owner may access the space. Remote hands services are available at posted rates. Shipments and deliveries are accepted during normal business hours with proper labeling. Work rules prohibit re-racking or altering power distribution without approval, and equipment and cables must be labeled. Security measures such as CCTV, access logs and monitoring are used, and you consent to reasonable monitoring.
You represent that you own or control all equipment and software you install. You bear all risk of loss, theft or damage to your equipment except to the extent caused by our gross negligence or willful misconduct. You are responsible for your own data backups and disaster recovery.
You must abide by our Acceptable Use Policy. Hosting or facilitating adult content, cryptocurrency or blockchain activities, illegal content, malware, spam, phishing or any other abusive activities are strictly prohibited. Activities that monopolize or degrade shared resources are also forbidden. You may not operate open relays, open resolvers or anonymizing exit nodes without prior approval. We may preserve and disclose data to comply with law enforcement or legal holds.
Scheduled maintenance may occur during defined maintenance windows with advance notice. Emergency maintenance may be performed with or without notice to protect safety and critical operations. We may modify network configurations or rack assignments to preserve service integrity. You must respond promptly to abuse or security inquiries and to takedown notices (e.g., DMCA).
Unless expressly stated in your service order, we do not provide guaranteed uptime or service credits. Services are provided “as is” without warranties of any kind, express or implied.
Our total liability for all claims in any 12-month period is limited to the fees paid by you to us in the three months preceding the event. We are not liable for indirect or consequential damages such as lost profits or data. You agree to indemnify and hold us harmless from third-party claims arising from your equipment, content or use of the services.
We may suspend or disconnect services without notice for violations of the AUP or other material breaches, abuse or legal requests. We may terminate the agreement immediately for material breach. Upon termination, your equipment must be removed within seven days; storage and removal fees may apply. We may withhold equipment until all outstanding balances are paid, and abandoned equipment may be disposed of after notice.
We may relocate your equipment within the facility or to another Tucson‑area facility with notice, and may use subcontractors and upstream providers. You agree to comply with any reasonable policies of our upstream providers.
Non-public information exchanged under this agreement is treated as confidential. We may retain operational logs and access records and disclose them as required by law or to enforce the agreement.
You represent and warrant compliance with all applicable laws, including U.S. export controls and sanctions. You may not use the services for or on behalf of restricted persons or jurisdictions.
The agreement is governed by Arizona law, and any disputes must be brought in state or federal courts located in Pima County, Arizona. Before filing suit, the parties will attempt to resolve disputes in good faith for 10 days. The prevailing party is entitled to reasonable attorneys’ fees and costs.
You may not assign your rights or obligations without our written consent. Notices must be sent by email or courier to the addresses on file. These terms, the SOF and exhibits constitute the entire agreement, and the SOF and AUP take precedence in the event of conflict. We may update the AUP or fee schedule with notice; material adverse changes allow you to terminate before they take effect. Neither party is liable for delays beyond its reasonable control. If any provision is unenforceable, the remainder remains in effect. This agreement may be executed electronically.