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<br />r&~' Cogent Communications, Inc, 2004
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<br />I\etwork Services Terms & Conditions North America (ver. Apr. 05)
<br />Confidential
<br />
<br />DEFI~1T10~S
<br />
<br />ALP
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<br />COGENT
<br />
<br />COGE:'<oIT
<br />Nehyork
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<br />Customer
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<br />CSA
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<br />Equipment
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<br />Force Majeure
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<br />Initial Costs
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<br />Initial Term
<br />
<br />Landlord
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<br />Losses
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<br />Order Form
<br />
<br />Party or Parties
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<br />Renewal Term
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<br />Seryicc(s)
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<br />Service Date
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<br />SLA
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<br />Space
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<br />Tax or Taxes
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<br />Termination
<br />Char~e
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<br />Terms
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<br />COGENT's Acceptable Use Policy as posted by COGENT (cumntly at hnll:j/www.(oi':entco.~9JJ1/hLQQ.~~\lQ)
<br />COGEl\T reserves the right 10 amend its AUP at any time, effective upon posting on the COGEl\T website.
<br />
<br />Cogent Communications, Inc. or its subsidiaries or affiliates.
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<br />The telecommunications net\vork lmd network components owned, operated or controlled by COGENT, including COGEI\l's
<br />fiber backbone, metropolitan fiber networks, any equipment connected to such fiber, and the software, data and know-how used
<br />by COGENT 10 provide the Services, Where COGENT services a building through its own facilities, the COGENT Network
<br />includes those facilitics, The COGENT Network does not include customer premises equipment, customer-ordered telephony
<br />circuits, and any networks or network equipment not operated and controlled by COGENT.
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<br />Customer identified in the attached Order Form.
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<br />The entire Customer Subscriber Agreement between COGENT and Customer for provision of the Service, consisting of the
<br />Order Form, the Terms and the SLA
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<br />Customer's equipment, ifany.
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<br />Causes beyond a Party's control, including hut not limited to: acts of God; fire: explosion; vandalism; cable cut; stonn; nood or other
<br />similar occurrences; any law, order, regulation, direction, action or request of any government, including federal, state, provincial.
<br />municipal and local governments claiming jurisdiction over a Party or the Service, or of any department, agency, commission.
<br />bureau, corporation. or other instrumentality of any such government, or of any civil or military authority; national emergencies;
<br />unavailability of materials or rights-of-way; insurrections; riots, terrorist acts or wars (declared/undeclared); or strikes, lock-outs,
<br />work stoppages, or other labor difficulties, supplier failures, shortages, brem:hes or delays.
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<br />Greater of (a) installation fees (if not paid): or (b) all third-party costs and charges incurred by or charged to COGEl\T on
<br />behalf of Customer for the Service, including but not limited to local loop fees, cross-connect charges, and wiring fees.
<br />
<br />Initial length of term for the Services as indicated on the Order Form
<br />
<br />Customer's landlord, building owner or property/telecom manager.
<br />Costs, fees, liabilities, losses, damages or penalties, including reasonable legal fees.
<br />Cover form to which these Terms arc attached. identifying the specific Service(s) to be delivered.
<br />
<br />COGEN'I' and/or Customer
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<br />Subsequent length of term for the Services after completion of the [nitial Term.
<br />Bandwidth services provided by COGENT under the Customer Subscriber Agreement.
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<br />Earlier of date on which (a) COGENT deems that the Service is or will be available for Customer's use at either the COGENT-
<br />defined demarcation point or last-available test point: or (b) Customer first uses the Service orthe eUGEN'I' Network
<br />
<br />The Service Level Agreement as posted by COGENT (currently at ~:".\:w,coi':entco.col11) for Customer's specific Service(s)
<br />COGENT reserves the right to amend the Service SLAs at any time, effective upon posting on the COGENT website.
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<br />Rented rack space from COGENT, if any.
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<br />All taxes arising in any jurisdiction, including without limitation all: sales, use, excise, gross receipts, value added, access,
<br />bypass, franchise, telecommunications, properly (for co-location customers), consumption, or other taxes, fees, duties, charges
<br />or surcharges (however designated) which are imposed on or based on the provision, sale or use of the Service(s), including
<br />such taxes imposed directly on COGENT or for which COGENT is permitted to invoice Customer in connection with
<br />COGENT's performance under the CSA. Taxes do not include COGENT's income taxes.
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<br />Single payment equal to any third.party cancellation charges and the total remaining dollar value of the applicable Service
<br />order through the Term,
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<br />Terms and conditions that apply to the Services COGENT provides to Customer for the Service(s)
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<br />Cogent Communiclltions. Inc. 101531" St., KW., Washington, D,C., 20007 202.295.4200 WWw.co!!cn.!.qJ.som
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<br />COGENT:
<br />Customer:
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