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1. Scope and incorporation

This Acceptable Use Policy ("AUP") applies to all customers using DataOne's colocation (housing) and remote-hands/management services, and to anyone a customer permits to operate equipment through space rented at DataOne's facilities (including resellers and their own end users). DataOne provides physical space, power and cooling for customer-owned equipment. DataOne does not store, host, process or otherwise have access to the content on that equipment, and does not provide internet connectivity as its own service — customers arrange this through their own carrier. This AUP forms part of, and is incorporated by reference into, DataOne's Terms and Conditions and the service agreement between DataOne and the customer. A breach of this AUP is a breach of that agreement. Conduct within DataOne's facilities is additionally governed by the Facility Guide provided to customers.

A customer that sub-lets rack space or capacity to a third party remains fully responsible to DataOne for that third party's compliance with this AUP, regardless of what the customer has separately agreed with that third party. Where a customer operates a hosting, reseller or similar service using equipment placed with DataOne, that customer must maintain its own process for handling abuse reports and repeated violations by its own end users, and must be able to provide DataOne with records of such reports and their resolution upon request.

2. Prohibited content and activities

Equipment housed at DataOne's facilities may not be used to store, distribute, transmit or make available:

3. Zero tolerance for CSAM

Customer-owned equipment hosted at DataOne facilities may never be used to store, transmit or process child sexual abuse material (CSAM). DataOne has a zero-tolerance policy towards CSAM: where we identify such material ourselves, or receive a credible report or notice from a recognised hotline, a law enforcement authority, or any other party, we act immediately. This includes removing access to the material or taking the affected system offline without prior notice to the customer, preserving relevant data and physical access logs, and reporting the matter to the relevant Dutch authorities, with whom we cooperate fully through any resulting investigation. There is no grace period or cure period for CSAM violations.

4. No general monitoring obligation

DataOne provides physical space, power and cooling for equipment that customers own and operate themselves. We do not run, manage, monitor or inspect the content or services on that equipment, and have no technical access to it. We act on actual knowledge: our own findings (for example during on-site remote-hands work, which is limited to hardware-level tasks such as power-cycling, cabling or physical component swaps), or a report from a customer, a recognised hotline, a law enforcement authority, or any other credible source. Upon obtaining such knowledge, we act expeditiously as set out in this policy. Nothing in this AUP creates a general obligation for DataOne to proactively screen customer equipment or content.

5. Our right to suspend or terminate

DataOne reserves the right to suspend or terminate power, connectivity or physical access to any piece of equipment, without prior warning, where we have reasonable grounds to believe it is being used in violation of this policy — particularly in cases involving CSAM or other serious illegal activity. For less severe or ambiguous cases, we will generally first ask the customer to investigate and remedy the issue within a set period, but we are not obliged to do so before acting.

Suspension or termination under this policy does not entitle the customer to a refund of fees paid, and does not limit any other right or remedy available to DataOne under the applicable service agreement or law.

6. Cooperation with authorities

DataOne cooperates with Dutch and international law enforcement authorities, and with recognised hotlines and notice-and-takedown organisations, in connection with reports of illegal content or activity on equipment housed at our facilities. This includes responding to lawful requests for information and preserving relevant data where legally required to do so. Access and visitor logs relevant to such requests are retained for the period required by applicable law.

7. Indemnification

The customer indemnifies and holds DataOne harmless against any claim, damage, fine, cost or reasonable legal fee arising from the customer's (or its own customers' or end users') violation of this policy.

8. Limitation of liability

DataOne is not responsible for content or activity on customer-owned equipment and is under no obligation to detect it. Where DataOne acts in good faith under this policy — including suspending service, preserving data, or reporting to authorities — it is not liable to the customer or any third party for the consequences of that action, to the maximum extent permitted by law.

9. Data preservation on suspension or termination

Where service is suspended or terminated for a suspected violation of this policy, DataOne may preserve relevant equipment, data and logs for as long as reasonably necessary to support a law enforcement investigation or legal proceeding, rather than returning or destroying them immediately.

10. Reporting abuse

If you believe content or activity hosted on DataOne's infrastructure violates this policy, please contact abuse@dataone.nl with as much detail as possible, including the IP address or domain involved and a description of the material or activity. Reports involving CSAM can also be made directly to EOKM at meldpunt-kinderporno.nl.

11. Governing law and jurisdiction

This policy and the service agreement it forms part of are governed by Dutch law. Any dispute arising from or in connection with this policy shall be submitted to the competent court in the Netherlands with jurisdiction over DataOne's registered office.

12. Severability and changes

If any provision of this policy is found invalid or unenforceable, the remaining provisions remain in full force. We may update this policy from time to time to reflect changes in law, industry practice, or our own procedures. The version in force is always the one published on this page.

Questions about this policy? Please contact us.