Salesforce.com 2005 Annual Report Download - page 209

Exhibit D
Policies
Internet Business Exchange Center Policies
United States
These Internet Business Exchange Center Policies apply to IBX Centers located in the United States only. Please contact your Account Manager if you need a
copy of the Polices that apply to IBX Centers outside of the United States.
Equinix is entitled to make changes to the Policies from time to time at its reasonable discretion, but Equinix agrees that any future changes to the Policies
will not materially adversely affect each Customer's use of the Services. Changes to the Policies will be effective for each Customer upon notice to that
Customer (except for changes to the Shipping Policies which will be effective immediately upon change of such policies). All capitalized terms not defined
elsewhere in the Policies are defined in the Definitions section at the end of the Policies.
For all purposes under the Policies, each Customer has full responsibility and liability for all acts or omissions of Customer's Authorized Persons,
Accompanying Persons, and Associated Entities, and all such acts or omissions will be attributed to Customer for all purposes, including for the purposes of
determining whether Customer has breached (i.e. failed to abide by) the Policies. Without limiting the foregoing, Customer is responsible and must ensure
that Customer's Authorized Persons, Accompanying Persons and Associated Entities do not take any actions that Customer is prohibited from taking under the
Policies.
The Policies are not intended to impose upon any Equinix Entity any liability (or obligations) to a Customer for which an Equinix Entity is excluded from
being liable (or responsible) for under the Master Service Agreement for such Customer. The Policies also are not intended to increase the liability (e.g., the
limits of liability) of any Equinix Entity with regard to any matter for which such liability is limited under the Master Service Agreement (e.g., such as where
the liability is limited in the limitation of liability provisions of the Master Service Agreement).
A. SERVICES
The Services Equinix offers under Master Service Agreements with Customers consist of (1) Licensing of Space and Set-Up; (2) Core Services; and
(3) Additional Services. The first two classifications of Services are not optional and will be provided to all Customers.
1. Licensing of Space and Set-Up
a. Licensing of Space
Depending on availability, Equinix offers its Customers the right to license space at the IBX Centers sufficient to hold one or more racks or cabinets (or
partial racks or cabinets to the extent offered by Equinix). If a Customer places an order for five or more full racks or full cabinets at an IBX Center,
depending on space availability, these racks or cabinets may be located in a private cage (i.e., a cage that is not used by other Customers). Otherwise,
Customer's racks or cabinets may be in a cage or area shared with other Customers. In private cages, a Customer may provide Equinix-approved racks or
cabinets for each of the Customer's Licensed Space or request that Equinix provide the racks and/or cabinets. In shared cages, Customers must use Equinix-
provided cabinets and/or racks.
b. Set-Up
Prior to each Customer's use of its Licensed Space, Equinix will install Equinix-provided POD Equipment (of a type reasonably determined by Equinix) in
order to demarcate Customer's Equipment, unless otherwise agreed to by Equinix.
2. Core Services
The Core Services consist of the following, as further described below: (1) Access to the Customer Care Website; (2) Core Security; (3) Core Back-up Power;
(4) Core Fire Detection and Suppression; (5) Core HVAC; (6) Core Temperature Control and (7) Core Humidity Control.
a. Access to the Customer Care Website
Equinix grants each Customer access to the Customer Care Website under the terms and conditions set forth in the Customer Care Website Usage Policies, if
any, and the Master Service Agreement with such Customer. Each Customer is responsible for maintaining the confidentiality of its account and password and
for restricting and granting access thereto, and is responsible and liable for all activities that occur under its account, regardless of whether such
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