Salesforce.com 2005 Annual Report Download - page 217

11. Customers are responsible for moving their shipments from the shipping/receiving area (or secure storage area where they are placed by Equinix at
Customer's expense under the Smart Hands service if the shipment is not removed by Customer immediately upon its arrival) to their Licensed Space and
from their Licensed Space to the shipping/receiving area. If a Customer wishes for Equinix to perform such functions as well as packing or unpacking the
shipments and disposing of packing materials, the Customer may do so by using the Smart Hands service.
12. Except where Equinix removes the packing materials as a part of a Customer's Smart Hands order, each Customer is required to take all packing
materials to the shipping/receiving area or other designated area for disposal immediately after completing installation. Cardboard and packing materials are
not to be stored in cages.
13. Customers will move the shipments from the shipping/receiving area (or secure storage area where they are placed by Equinix) to Customer's
Licensed Space within three (3) business days after notification of arrival (the Equinix Response Center ordinarily will contact a Customer by email and/or
phone within twelve (12) hours after arrival, and either e-mail or phone communication by Equinix to the Customer will constitute notification for all
purposes under this Section G of the Policies, notwithstanding anything in the Customer's Master Service Agreement to the contrary). Moving equipment will
be available to assist Customer, if necessary (dolly's, hand trucks, etc.), if Customer schedules the use of such moving equipment with Equinix at the shipping/
receiving area.
14. If a Customer has not retrieved its shipment from a secured area forty-eight (48) hours after the shipment has arrived, the Equinix Response Center
will notify Customer that if the shipment is not retrieved before the three business days has elapsed (starting with the notification of arrival), the shipment may
be returned to the "shipped from" address at Customer's expense under the Smart Hands service.
15. Unless prior arrangements are made with Equinix by a Customer during the original request (or Smart Hands is purchased for Equinix to move the
shipment to Customer's Licensed Space), Equinix reserves the right to ship the shipment back to the "shipped from" address, at Customer's expense, three
(3) business days after notification of arrival.
16. Equinix is not responsible or liable for any missing or damage to any Customer's Equipment which may occur during the packaging and/or
shipment of such equipment.
H. DEFINITIONS
The following terms shall have the respective meanings stated below for the purposes of these Policies. In addition, for each Customer, the following terms
shall have the respective meanings stated below for purposes of such Customer's Master Service Agreement to the extent that such Master Service Agreement
uses but does not define a term defined below:
1. Accompanying Person shall mean, for each Customer, each person (other than an Equinix employee) who is accompanied by an Authorized Person while
at an IBX Center.
2. Associated Entity shall mean, for each Customer, each individual, company, partnership or other entity of any type which employs, contracts with, or is
otherwise associated or affiliated with any of Customer's Authorized Persons or Accompanying Persons. Without limiting the foregoing definition, for each
Customer, each Sublicensee that has sublicensed Sublicensed Space at an IBX Center will be an Associated Entity at such IBX Center.
3. Authorized Person shall mean, for each Customer, each person who is included on a list of Authorized Persons given to Equinix by Customer.
4. Cross-Connect shall mean a physical or wireless interconnection within an IBX Center that (i) exits a Customer's cage or (ii) connects a Customer to
another Equinix customer.
5. Customer shall mean any party which is party to a Master Service Agreement with one or more Equinix Entities relating to an IBX Center or other
agreement pursuant to which Equinix provides services to such party at an IBX Center.
6. Customer Care Website shall mean Equinix's customer care website accessible via the Internet at a location designated by Equinix (which location
Equinix may change from time to time at its discretion).
7. Customer Care Website Usage Policies shall mean the website usage policies that Equinix at any time adopts for the Customer Care Website, and which
may be changed from time to time at Equinix's discretion.
8. Customer Cross-Connect shall mean a physical interconnection, including cable, connections, and other wiring, that (i) does not exit a Customer's cage;
(ii) does not connect a Customer to another Equinix customer; and (iii) interconnects (a) Equipment belonging to a Customer or (b) Equinix-provided POD
Equipment in a Customer's cage with Customer's Equipment.
9. Equinix shall mean Equinix Operating Co., Inc. Notwithstanding the foregoing, if, on behalf of Equinix, another Equinix Entity agrees to an Order with
Customer, it is the Equinix Entity that will provide the Services and who will be deemed Equinix for such Order.
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