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<br />10 Cogent Communications, Inc. 2008
<br />
<br />Network Services Terms & Conditions North America (Ver. 02/08)
<br />Confidential
<br />
<br />DEFINITIONS
<br />
<br />AUP
<br />
<br />COGENT
<br />
<br />COGENT
<br />Network
<br />
<br />Customer
<br />
<br />CSA
<br />
<br />Equipment
<br />Foree Majeure
<br />
<br />Initial Costs
<br />
<br />Initial Term
<br />
<br />Landlord
<br />
<br />Losses
<br />Order Form
<br />
<br />Party or Parties
<br />Renewal Term
<br />
<br />Service(s)
<br />Service Date
<br />
<br />SLA
<br />
<br />Space
<br />
<br />Tn: or Taxes
<br />
<br />Termination
<br />Charge
<br />
<br />Terms
<br />
<br />COGENT's Acceptable Use Policy as posted by COGENT (currently at httn:/Iwww.coeentco.comlhtdocs/nolicv.oho)
<br />COGENT reserves the right to amend its AUP at any time, effective upon posting on the COGENT website.
<br />Cogent Communications, Inc. or it<> subsidiaries or affiliates.
<br />The telecommunications network and network component<> owned, operated or controlled by COGENT, including COGENT's
<br />fiber backbone, metropolitan fiber networks. any equipment connected to such fiber, and the software, data and know.how used
<br />by COGENT to provide the Services. Where COGENT services a building through its own facilities, the COGENT Network
<br />includes those facilities. The COGENT Network does not include customer premises equipment, customer-ordered telephony
<br />circuit<>, and any networks or network equipment not operated and controlled by COGENT.
<br />Customer identified in the attached Order Form.
<br />The entire Customer Subscriber Agreement between COGENT and Customer for provision of the Service, consisting of the
<br />Order Form, the Terms, the applicable product rider and the SLA.
<br />Customer's equipment, if any.
<br />Causes beyond a Party's control, including but not limited to: acts of God; fire; explosion; vandalism~ cable cut; storm; flood or other
<br />similar occurrences; any law, order, regulation, direction, action or request of any government, including federal, state, provincial,
<br />municipal and local govenunents 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; jnsurrections~ riots, terrorist acts or wars (declaredlundeclared); or strikes, lock-outs,
<br />work stoppages, or other labor difficulties,. supplier failmes. shortages, breaches or delays.
<br />Greater of (a) installation fees (if not paid); or (b) all third.party costs and charges incurred by or charged to COGENT on
<br />behalf of Customer for the Service, including but not limited to local loop fees, cross-connect charges, and wiring fees.
<br />Initial length oftenn for the Services as indicated on the Order Form.
<br />Customer's landlord, building owner or property/telecom manager.
<br />Costs, fees, liabilities, losses, damages or penalties, including reasonable legal fees.
<br />Cover fonn to which these Tenns are attached, identifying the specific Service(s} to be delivered.
<br />COGENT and/or Customer.
<br />Subsequent length oftenn for the Services after completion of the Initial Term.
<br />Bandwidth services provided by COGENT under the Customer Subscriber Agreement.
<br />Earlier of date on which (a) COGENT deems that the Service is available for Customer's use at either the COGENT-defined
<br />demarcation point or last-available test point; or (b) Customer first uses the Service or the COGENT Network.
<br />The Service Level Agreement as posted by COGENT (currently at www.coeentco.com) 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.
<br />Rented rack space from COGENT, ifany.
<br />All taxes arising in any jurisdiction, including without limitation all: sales, use, excise, gross receipts, value added, access,
<br />bypass, franchise, telecommunications, property (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.
<br />Single payment equal to any third~party cancellation charges and the total remaining dollar value of the applicable Service
<br />order through the Initial Term or Renewal Tenn, as applicable.
<br />Terms and conditions that apply to the Services COGENT provides to Customer
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<br />Cogent Communications, Inc. 101531- St., N.W., Washington, D.C., 20007 202.295.4200 wwwco{!entco.com
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<br />Customer: ~
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