This Membership Agreement governs your participation in the MIMO Rackshare Collective ("the Collective") and use of shared rack space. By joining the Collective, you agree to be bound by these terms and the incorporated Acceptable Use Policy (AUP). If you do not agree, you should not join.
For clarity, the following terms apply:
Unless otherwise stated in your membership form, participation operates on a month-to-month basis beginning on the date your equipment is installed. Membership 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.
The Collective allocates a specific number of rack units in shared rack space for your equipment. You must stay within the continuous power draw specified in your membership form, maintain an appropriate power factor, and ensure your equipment's heat output remains within the Facility's targeted temperature and humidity ranges. While the Facility has redundant power and cooling, these measures reduce but do not eliminate the risk of outages.
Bandwidth and IP address allocations are set in your membership form. Any dedicated IP addresses are assigned on a loan basis and remain the property of the issuing authority; they must be returned when your membership ends. Members 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.
The Facility and uplinks are shared resources — both among Collective members and with other tenants. Traffic may be shaped or throttled if your usage exceeds committed limits or causes sustained high utilization of shared links. You must stay within the power allocation specified; if aggregate draw approaches protective limits, you may be required 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 without prior coordination.
Physical access to your equipment is by appointment only and must be coordinated with the Collective administrator. Valid government ID is required, and only the registered equipment owner (or their designated representative, with prior notice) may access the space. Remote hands assistance is available at posted rates. Shipments and deliveries are accepted during normal business hours with proper labeling. Equipment may not be re-racked or power distribution altered without approval, and all equipment and cables must be labeled. Security measures such as CCTV, access logs, and monitoring are in use at the Facility, and you consent to reasonable monitoring.
You represent that you own or have the right to use all equipment and software you install. You bear all risk of loss, theft, or damage to your equipment except to the extent caused by gross negligence or willful misconduct of the Collective administrator. You are responsible for your own data backups and disaster recovery.
All members must abide by the Acceptable Use Policy. The following are strictly prohibited:
Data may be preserved and disclosed to comply with law enforcement requests or legal holds.
Scheduled maintenance at the Facility may occur during defined maintenance windows with advance notice. Emergency maintenance may be performed with or without notice to protect safety and critical operations. Network configurations or rack assignments may be modified to preserve service integrity. Members must respond promptly to abuse or security inquiries and to takedown notices (e.g., DMCA).
The Collective coordinates shared access to datacenter resources but does not operate a commercial hosting service. Unless expressly stated in your membership form, there is no guaranteed uptime or service credits. Access to shared resources is provided "as is" without warranties of any kind, express or implied.
The Collective's total liability for all claims in any 12-month period is limited to the contributions paid by you in the three months preceding the event. The Collective is not liable for indirect or consequential damages such as lost profits or data. You agree to indemnify and hold the Collective and its members harmless from third-party claims arising from your equipment, content, or use of shared resources.
Membership may be suspended or terminated without notice for violations of the AUP, other material breaches, abuse, or legal requests. Upon termination, your equipment must be removed within seven days; storage and removal fees may apply. Equipment may be held until all outstanding balances are paid, and abandoned equipment may be disposed of after notice.
The Collective may relocate equipment within the Facility or to another Tucson-area facility with notice to affected members. Members agree to comply with reasonable policies of upstream providers and the Facility.
Non-public information exchanged under this agreement is treated as confidential. Operational logs and access records may be retained and disclosed as required by law or to enforce this agreement.
You represent and warrant compliance with all applicable laws, including U.S. export controls and sanctions. Shared resources may not be used for or on behalf of restricted persons or jurisdictions.
This agreement is governed by Arizona law. 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.