I've heard anecdotal evidence that Exodus has a clause buried in at least some of their contracts that effectively prohibits the customer from removing their equipment from their facilities in the event of bankruptcy. Not the customer filing Ch. 7/11, but EXODUS going bankrupt. Furthermore, it appears that as they have indeed filed Chapter 11, they are actively enforcing this, at least at their Northern Virginia facility.
I think you'd find that your anecdotal evidence is coming from sources who don't read their contracts very carefully. Unless _I_ am not reading correctly, the clause to which you refer, at least in our contract with Exodus, reads that either side can terminate the contract if the other side enters voluntary bankrupcy proceedings. (actual language sent in private e-mail)
Has anyone else heard of this or been affected by this? Exodus customers, can any of you look up your contracts and see if you can dig this up? I'm interested in hearing the exact language, if it is indeed a standard clause...I'm thinking there's no way that this could be enforceable, although it would probably take a TRO to get them to let customers claim their gear.
Perhaps your sources are confused by changed procedures; in Boston I've seen signs posted that equipment can no longer be carried in or out via the lobby area, and must traverse the shipping & receiving area, but no evidence of customers being prevented from leaving; in fact, I'm pretty certain that there's no such restriction being enforced. While it may not have been your intent, this reads to me as "run away, Exodus is trying to screw you!" I sincerely doubt that this is the case, and know that I, for one, will continue doing business with Exodus in the hopes that they will come out of bankrupcy proceedings soon, and continuing to provide some of the best colocation services out there. Tim ObDisclaimer: I'm in no way affiliated with Exodus other than by being a customer. -- Tim Wilde twilde@dyndns.org Systems Administrator Dynamic DNS Network Services http://www.dyndns.org/