Terms & Conditions

(“Portal Terms”) version v1.5_15 July 2012.

These Portal Terms govern Your use of the Customer Portal.

By clicking the box indicating your acceptance, You agree to these Portal Terms. If You do not accept the Portal Terms You may not access and/or use the Customer Portal.

This agreement is between You and the local Interxion entity as stated in Clause 10 (Country Specific Provisions) (“Interxion”).

IMPORTANT INFORMATION:

If Your habitual residence is in Germany then Clause 10.1 (Country Specific Provisions Germany) of the Portal Terms applies.
If Your habitual residence is in The Netherlands then Clause 10.2 (Country Specific Provisions The Netherlands) of the Portal Terms applies.
If Your habitual residence is in Austria then Clause 10.3 (Country Specific Provisions Austria) of the Portal Terms applies.
If Your habitual residence is in Belgium then Clause 10.4 (Country Specific Provisions Belgium) of the Portal Terms applies.
If Your habitual residence is in Denmark then Clause 10.5 (Country Specific Provisions Denmark) of the Portal Terms applies.
If Your habitual residence is in France then Clause 10.6 (Country Specific Provisions France) of the Portal Terms applies.
If Your habitual residence is in Ireland then Clause 10.7 (Country Specific Provisions Ireland) of the Portal Terms applies.
If Your habitual residence is in Spain then Clause 10.8 (Country Specific Provisions Spain) of the Portal Terms applies.
If Your habitual residence is in the United Kingdom then Clause 10.9 (Country Specific Provisions United Kingdom) of the Portal Terms applies.
If Your habitual residence is in Sweden then Clause 10.10 (Country Specific Provisions Sweden) of the Portal Terms applies.
If Your habitual residence is in Switzerland then Clause 10.11 (Country Specific Provisions Switzerland) of the Portal Terms applies.
The Portal Terms were last updated on 15 July 2012. They are effective between you and Interxion as of the date of Your acceptance of the Portal Terms.

1. Definition

1.1. The following definitions as used in the Portal Terms shall be defined as follows:

Account Information
The required information to login and access the Customer Portal provided to You.

Customer
The entity that has entered into a services agreement with an Interxion Affiliate pursuant to which the Customer Portal is provided, as a service.

Customer Contact
The Customer’s personnel and third parties as defined in the Customer Welcome Pack and appointed by Customer, but excluding Temporary Access visitors.

Customer Portal
An online service provided by Interxion to Customers through which Customer Contacts can complete a variety of tasks and access a range of information.

Interxion Affiliate
A company in which Interxion Holding N.V. directly or indirectly holds a majority of the voting rights and/or has the power to appoint the majority of the board.

You / Your
An individual Customer Contact appointed by Customer.

Privacy Statement
The Customer Portal privacy statement of Interxion as provided and updated on privacy policy.

2. Your rights and obligations

2.1. Interxion grants You a worldwide, non-exclusive, non-transferable license during the term of this agreement to use the Customer Portal in accordance with the Portal Terms.

2.2. You shall not (i) permit any third party to access the Customer Portal, (ii) create derivate works based on the Customer Portal, (iii) copy, frame or mirror any part or content of the Customer Portal, (iv) reverse engineer the Customer Portal, or (v) access the Customer Portal in order to build a competitive product or service or to copy any features, functions or graphics of the Customer Portal.

2.3. You shall follow all instructions of Interxion with respect to access and use of the Customer Portal, included but not limited to the instructions described in the Customer Portal Acceptable Use Policy.

3. Customer Portal Acceptable Use Policy

3.1. When using the Customer Portal You may not:

(a) upload, download, post, e-mail or otherwise transmit any material or content which: (i) is unlawful, harmful, sadistic, cruel, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, bigoted or racially, ethnically or otherwise objectionable; (ii) You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iii) infringes any patent, trade mark, trade secret, copyright, database right or other intellectual property rights of any person or entity; (iv) consists of unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (v) harm, or attempt to harm minors in any way; (vi) contains software viruses, worms, Trojan horses or any other computer code, files or programs designed to interrupt, deny, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (vii) does anything which may directly or indirectly interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of any networks connected to the service; (viii) intentionally or unintentionally does anything which may violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange or financial regulatory body; (ix) may “stalk” or otherwise harass another; or (x) collects, attempts to collect or stores personal data about other users without their knowledge or consent;

(b) impersonate any person or entity, including, but not limited to, an Interxion official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service.

4. Privacy

4.1. Any personally identifiable information about You that is provided to Interxion by accessing and using the Customer Portal, is subject to the Privacy Statement.

4.2. Insofar as You process any personally identifiable data through the use of the Customer Portal, You hereby confirm to solely act under the authority of a Customer.

5. Liability

5.1. You acknowledge that Your use of the Customer Portal is at Your sole risk.

5.2. To the extent permitted by applicable law, as the Customer Portal is provided free of charge, Interxion’s liability to You under the Portal Terms is limited to direct damages up to EUR 25 per event and EUR 50 per contract year, irrespective of whether the liability is based on breach of contract, tort, strict liability, breach of warranties, or any other legal theory.

5.3. To the extent permitted by applicable law, Interxion will not be liable for any indirect damages (including, but not limited to, consequential or indirect damages, lost data, damages for lost profits or revenues, business interruption, or loss of business information).

5.4. The limitations in Clauses 5.2 and 5.3 will not apply to liability arising in connection with the Portal Terms for damage caused by Interxion’s wilful misconduct or gross negligence, or to liability for personal injury or death caused by Interxion’s negligence.

5.5. You shall indemnify Interxion against all claims which may be brought by third parties against Interxion due to violation of their rights by material or content uploaded by You or due to other use of the Customer Portal by You. You will bear the costs of any necessary legal defence by Interxion including all court costs and attorney fees. The foregoing does not apply if the infringement of rights is not attributable to fault by You.

5.6. You are obliged to provide Interxion immediately, correctly, and completely with all information that is necessary for the verification of the claims asserted and for a corresponding legal defence in case of such third party claims.

6. Confidentiality

6.1. You will not use, divulge or communicate to any person any confidential information, including without limitation, all technical and business information or financial information of Interxion, accessed through the Customer Portal ("Confidential Information"). You shall use reasonable endeavours to prevent the publication or disclosure of any Confidential Information. This confidentiality obligation shall not apply to Confidential Information which:

(a) is or becomes publicly available by other than unauthorized disclosure;

(b) was probably known and in record by You prior to disclosure by Interxion;

(c) is completely independently developed by You and prior to any such disclosure by Interxion, as evidenced by written records prepared prior to the date of this agreement;

(d) is ascertainable from a commercially available product; or

(e) is disclosed pursuant to administrative or judicial action, provided that You shall use best efforts to maintain the confidentiality of the Confidential Information and shall, immediately after gaining knowledge or receiving notice of such action, notify Interxion thereof and give Interxion the opportunity to seek any legal remedies so as to maintain such Confidential Information in confidence.

You will not use any trademark, service mark or trade name (whether registered or not) of Interxion or any of Interxion’s affiliated companies or make any information public regarding this agreement and/or the Customer Portal without the prior written consent of Interxion.

7. Term and termination

7.1. Subject to the provisions of this Clause, the Portal Terms commence on the date of Your acceptance and continue until its termination in accordance with this Clause.

7.2. You may terminate Your access to and use of the Customer Portal without cause at any time upon notice to Interxion.

7.3. Interxion may terminate Your access to and use of the Customer Portal

(a) at any time without cause upon 14-calendar days prior notice, or

(b) immediately without notice, upon termination of the services agreement concluded between the Customer and an Interxion Affiliate.

7.4. Expiration or termination of the Portal Terms shall not prejudice the terms and conditions of the Portal Terms, which by their nature must be deemed to survive any expiration or termination, including but not limited to the clauses regarding liability, confidentiality and applicable law and jurisdiction.

7.5. Your Account Information will be permanently deleted upon expiration or termination of the Portal Terms.

8. Changes to Portal Terms

8.1. Interxion may make changes to the Portal Terms from time to time. When these changes are made, Interxion will make a new copy of the Portal Terms available on the Customer Portal, including a statement of the date on which the Portal Terms was last updated. You understand and agree that if You use the Customer Portal after the date on which the Portal Terms has changed, Your use will signify Your acceptance of the updated Portal Terms.

9. Miscellaneous

9.1. If any provision in the agreement is void or avoided for whatever reason, the remaining provisions shall remain in full force and effect. The Parties shall consult each other in order to replace the void or avoided provision and shall agree on a new provision, which approximates the aim and purport of the void or avoided provision as closely as possible.

9.2. The failure on the part of either party to exercise, or any delay in exercising, any right or remedy hereunder shall not operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy hereunder preclude any other or future exercise thereof or the exercise of any other remedy granted hereby or by any related document or by law.

10. Country Specific Provisions

10.1. Country Specific Provisions Germany

If your habitual residence is in Germany, this agreement is between You and Interxion Deutschland GmbH, having its registered office at Hanauer Landstraße 298, D-60314 Frankfurt/Main, Germany, and the following country-specific provisions will replace or supplement the equivalent provisions above.

10.1.1. Add the following provisions to Clause 2. (Your rights and obligations):

(2.4.) The content published on the Customer Portal (in particular, but not limited to texts, pictures, layout, software, structure of the Customer Portal) is protected by copyright. The reproduction or other utilization or exploitation of copyrighted content or data (even in extracts), in particular all kinds of use of texts, parts of texts or picture- and video materials, the modification and distribution are only permitted with prior approval of Interxion or the respective rights holders. You may however use the content for the purposes of using the Customer Portal in accordance with the Portal Terms.

(2.5.) You shall keep the login data including the password confidential and not pass it on to unauthorized third parties. As soon as You have reason to believe that Your password is known or will be known to an unauthorized third party, You shall immediately contact Interxion.

10.1.2. Replace Clause 5.1., 5.2., 5.3. and 5.4. (Liability) by:

(5.1.) For slightly negligent breach of material contractual obligations - or “cardinal obligations” -Interxion’s liability shall be limited in the amount to the damage typically foreseeable at the time of the conclusion of the contract. Material contractual obligations (or “cardinal obligations”) are those obligations which put You into exactly this legal position to which You shall be entitled pursuant to contents and purpose of the Portal Terms as well as such obligations, whose performance only will make possible proper performance of the contract and on whose full compliance can be regularly relied on.

(5.2.) Interxion accepts no liability for the slightly negligent breach of obligations other than those listed under 5.1 above.

(5.3.) In cases of intent or gross negligence, Your statutory claims for damages remain unaffected unless they are limited by a contractual provision individually agreed by the parties.

(5.4.) The limitation of liability in 5.1 and 5.2 shall not apply in cases of mandatory statutory liability (in particular under the terms of the Product Liability Act (Produkthaftungsgesetz)), malicious concealment of a defect, on assumption of a guarantee or loss of life, physical injury and damage to health.

10.1.3. Replace Clause 7.3. (Term and termination) by:

(7.3) Interxion may terminate Your access to and use of the Customer Portal

(a) at any time without cause upon 14 calendar days prior notice, or

(b) immediately without notice, upon termination of the services agreement concluded between the Customer and an Interxion Affiliate.

10.1.4. Replace Clause 8. (Changes to Portal Terms) by:

(8.1.) Interxion may make changes to the Portal Terms from time to time. When these changes are made, Interxion will make a new copy of the Portal Terms available on the Customer Portal, including a statement of the date on which the Portal Terms was last updated, and give advance notice to You at least 30 calendar days in advance of the date on which the change comes into effect. You understand and agree that if You use the Customer Portal after the date on which the Portal Terms has changed, Your use will signify Your acceptance of the updated Portal Terms.

10.1.5. Add the following provisions to Clause 9. (Miscellaneous):

(9.3.) This agreement shall be construed with and governed by the laws of Germany. Any dispute, which may arise out of or in connection with this agreement, shall be submitted to the exclusive jurisdiction of the competent court in Frankfurt/Main, Germany.

10.2. Country Specific Provisions The Netherlands

If your habitual residence is in The Netherlands, this agreement is between You and Interxion Datacenters B.V., having its registered office at Cessnalaan 1-33, 1119 NJ Schiphol-Rijk, The Netherlands, and the following country-specific provisions will replace or supplement the equivalent provisions above.

10.2.1. Add the following provisions to Clause 9. (Miscellaneous):

(9.3.) This agreement shall be construed with and governed by the laws of The Netherlands. Any dispute, which may arise out of or in connection with this agreement, shall be submitted to the exclusive jurisdiction of the competent court in Amsterdam, The Netherlands.

10.3. Country Specific Provisions Austria

If your habitual residence is in Austria, this agreement is between You and Interxion Österreich GmbH, having its registered office at Louis-Häfliger-Gasse 10, 1210 Vienna, Austria, and the following country-specific provisions will replace or supplement the equivalent provisions above.

10.3.1. Replace Clause 8. (Changes to Portal Terms) by:

(8.1.) Interxion may make changes to the Portal Terms from time to time. When these changes are made, Interxion will make a new copy of the Portal Terms available on the Customer Portal, including a statement of the date on which the Portal Terms was last updated, and give advance notice per email or mail to You at least 30 calendar days in advance of the date on which the change comes into effect. You understand and agree that if You use the Customer Portal after the date on which the Portal Terms has changed, Your use will signify Your acceptance of the updated Portal Terms.

10.3.2. Add the following provisions to Clause 9. (Miscellaneous):

(9.3.) This agreement shall be construed with and governed by the laws of Austria. Any dispute, which may arise out of or in connection with this agreement, shall be submitted to the exclusive jurisdiction of the district Floridsdorf Vienna (‘Bezirksgericht Floridsdorf’), Austria.

10.4. Country Specific Provisions Belgium

If your habitual residence is in Belgium, this agreement is between You and Interxion Belgium N.V., having its registered office at Wezembeekstraat 2, 1930 Zaventem, Belgium, registration number Chamber of Commerce 0471.625.579, VAT number: BE 0471.625.579, e-mail address: salesbelgium@interxion.com, and the following country-specific provisions will replace or supplement the equivalent provisions above.

10.4.1. Add the following provisions to Clause 9. (Miscellaneous):

(9.3.) This agreement shall be construed with and governed by the laws of Belgium. Any dispute, which may arise out of or in connection with this agreement, shall be submitted to the exclusive jurisdiction of the competent court in Brussels, Belgium.

10.4.2. Add the following provisions to Clause 2. (Your rights and obligations)

(2.4.) The content published on the Customer Portal (in particular, but not limited to texts, pictures, layout, software, structure of the Customer Portal) is protected by intellectual property rights. The reproduction or other utilization or exploitation of content protected by intellectual property rights or data (even in extracts), in particular all kinds of use of texts, parts of texts or picture- and video materials, the modification and distribution are only permitted with prior approval of Interxion or the respective rights holders. You may however use the content for the purposes of using the Customer Portal in accordance with the Portal Terms.

10.4.3. Replace Clause 3.1.a) x) by:

(x) collects, attempts to collect or stores personal data about other users without their knowledge and consent.

10.4.4 Replace Clause 5.2. by:

(5.2.) To the extent permitted by applicable law, as the Customer Portal is provided free of charge, Interxion’s liability to You under the Portal Terms is limited to direct damages up to EUR 250 per event and EUR 500 per contract year, irrespective of whether the liability is based on breach of contract, tort, strict liability, breach of warranties, or any other legal theory.

10.4.5. Replace Clause 8. (Changes to Portal Terms) by:

(8.1.) Interxion may make changes to the Portal Terms from time to time. When these changes are made, Interxion will make a new copy of the Portal Terms available on the Customer Portal, including a statement of the date on which the Portal Terms was last updated. You will be informed of these changes by notice (thirty) 30 days before the entry into force of the updated Portal Terms. You understand and agree that if You use the Customer Portal after the date on which the Portal Terms has changed and come into force, Your use will signify Your acceptance of the updated Portal Terms.

10.5. Country Specific Provisions Denmark

If your habitual residence is in Denmark, this agreement is between You and Interxion Danmark ApS, having its registered office at Industriparken 20a, 2750 Ballerup, Denmark, and the following country-specific provisions will replace or supplement the equivalent provisions above.

10.5.1. Add the following provisions to Clause 9. (Miscellaneous):

(9.3.) This agreement shall be construed with and governed by the laws of Denmark. Any dispute, which may arise out of or in connection with this agreement, shall be submitted to the exclusive jurisdiction of the competent court in Copenhagen, Denmark.

10.6. Country Specific Provisions France

If your habitual residence is in France, this agreement is between You and Interxion France SAS, having its registered office at 129 boulevard Malesherbes, 75017 Paris, France, and the following country-specific provisions will replace or supplement the equivalent provisions above.

10.6.1. Replace Clause 8. (Changes to Portal Terms) by:

10.6.2. Add the following provisions to Clause 9. (Miscellaneous):

(9.3.) This agreement shall be construed with and governed by the laws of France. Any dispute, which may arise out of or in connection with this agreement, shall be submitted to the exclusive jurisdiction of the competent court in Paris, France.

10.7. Country Specific Provisions Ireland

If your habitual residence is in Ireland, this agreement is between You and Interxion Ireland Ltd, having its registered office at Unit 35, Lavery Avenue, Park West Business Park, Dublin 12, Ireland, and the following country-specific provisions will replace or supplement the equivalent provisions above.

10.7.1 Replace Clause 5.2. by:

(5.2.) To the extent permitted by applicable law, as the Customer Portal is provided free of charge, Interxion’s liability to You under the Portal Terms is limited to direct damages up to EUR 25 per event and EUR 50 per contract year, irrespective of whether the liability is based on negligence, breach of contract, tort, strict liability, breach of warranties, or any other legal theory.

10.7.2. Add the following provisions to Clause 9. (Miscellaneous):

(9.3.) This agreement shall be construed with and governed by the laws of Ireland. Any dispute, which may arise out of or in connection with this agreement, shall be submitted to the exclusive jurisdiction of the competent court in Dublin, Ireland.

10.8. Country Specific Provisions Spain

If your habitual residence is in Spain, this agreement is between You and Interxion España S.A.U., Fiscal number: A-82517731, having its registered office at Calle Albasanz 71, 28037 Madrid, Spain, and the following country-specific provisions will replace or supplement the equivalent provisions above.

10.8.1. Add the following provisions to Clause 9. (Miscellaneous):

(9.3.) This agreement shall be construed with and governed by the laws of Spain. Any dispute, which may arise out of or in connection with this agreement, shall be submitted to the exclusive jurisdiction of the competent court in Madrid, Spain.

10.9. Country Specific Provisions United Kingdom

If your habitual residence is in The United Kingdom, this agreement is between You and Interxion Carrier Hotel Ltd, having its registered office at 5th Floor, 91-95 Brick Lane, London E1 6QL, UK, and the following country-specific provisions will replace or supplement the equivalent provisions above.

10.9.1. Add the following provisions to Clause 9. (Miscellaneous):

(9.3.) This agreement shall be construed with and governed by the laws of England and Wales. Any dispute, which may arise out of or in connection with this agreement, shall be submitted to the exclusive jurisdiction of the competent court in London, UK.

10.9.2. Replace Clause 5.3. with:

(5.3.) To the extent permitted by applicable law, Interxion will not be liable for any indirect damages (including, but not limited to, consequential or indirect damages), lost data, damages for lost profits or revenues, business interruption, or loss of business information.

10.9.3. Replace Clause 5.4. with:

(5.4.) This limitation will not apply to liability arising in connection with the Portal Terms for damage caused by fraud, wilful misconduct or gross negligence, liability for personal injury or death caused by Interxion’s negligence, or to any other liability that cannot be limited or excluded by law.

10.10. Country Specific Provisions Sweden

If your habitual residence is in Sweden, this agreement is between You and Interxion Sverige AB, having its registered office at Vanda 3, Esbogatan 11, P.O. Box 56, 164 94 Kista, Stockholm, Sweden, and the following country-specific provisions will replace or supplement the equivalent provisions above.

10.10.1. Add the following provisions to Clause 9. (Miscellaneous):

(9.3.) This agreement shall be construed with and governed by the laws of Sweden. Any dispute, which may arise out of or in connection with this agreement, shall be submitted to the exclusive jurisdiction of the competent court in Stockholm, Sweden.

10.11. Country Specific Provisions Switzerland

If your habitual residence is in Switzerland, this agreement is between You and Interxion Schweiz AG, having its registered office at Sägereistrasse 35, 8152 Glattbrugg, Switzerland, and the following country-specific provisions will replace or supplement the equivalent provisions above.

10.11.1. Add the following provisions to Clause 2 (Your rights and obligations):

10.11.2. Replace Clause 8 (Changes to Portal Terms) by:

10.11.3. Add the following provisions to Clause 9. (Miscellaneous):

(9.3.) This agreement shall be construed with and governed by the laws of Switzerland. Any dispute, which may arise out of or in connection with this agreement, shall be submitted to the exclusive jurisdiction of the competent court in Zurich, Switzerland.