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<br />Product Rider- Dedicated Internet Access (Ver. 1-3)
<br />Confidential
<br />
<br />@ Cogent Communications. 2008
<br />
<br />cog C~"D'^tNS
<br />
<br />PRODUCT RIDER -
<br />DEDICATED INTERNET ACCESS
<br />GLOBAL
<br />
<br />Optical Internet
<br />
<br />This product rider (Rider) amends the CSA entered into between Customer and COGENT for the Services specified therein. Unless otherwise defined herein,
<br />capitalized or defined terms in the CSA have the same meaning in this Rider. In the event of a conflict between forms, the following will be the order of priority:
<br />First, the Order Form; Second, this Rider~ Third, the Terms~ and Fourth, the SLA.
<br />1. Service and OotiODS
<br />Within the scope of the Dedicated Internet Access Service, COGENT transmits IP-packets between the COGENT Network and associated networks of its
<br />Customers as well as to and from the global Internet using COGENT's settlement-free peering agreements with other networks.
<br />Subject to their availability, Customer may select one 01' more options associated with the Service such as listed in the Order Form, in which case Customer
<br />agrees to pay the related fees such as indicated in the Order Form:
<br />MultiBGP: Customer may connect to COGENT's network with multiple BGP sessions over a single port, such BGP sessions being on its own assigned AS (the
<br />Primary ASN) and ASs from third parties represented by Customer (the Secondary ASNs). In this case, Customer will be required to provide COGENT with a
<br />Letter of Authorization ("LOA") issued by the third parties having registered the Secondary ASNs in order to activate such Service, and all interactions, being
<br />during provisioning or operations, related to BGP~sessions set up between COGENT's network and Secondary ASNs will be handled exclusively between
<br />COGENT and Customer. The fact that a BOP session is being set up between COGENT and other parties represented by Customer does not constitute a
<br />contractual relationship between COGENT and the other parties, this interaction is ruled by the contractual relationship established between COGENT and the
<br />Customer. COGENT will charge an additional Monthly Fee for each Secondary ASN connected.
<br />Eauil1ment: COGENT may, at its sole discretion and if available. provide equipment for certain Services. The fees for such equipment as agreed in the Order
<br />Form will be added to Customer's invoice. COGENT does not guarantee and is not responsible for any specific type of equipment, or any equipment at all, to be
<br />made available to Customer, and such equipment will belong to Customer upon receipt. Customer will provide its own technical support to install, maintain, and
<br />integrate equipment. COGENT will not provide orrsite technical support. Customer will be responsible for applicable replacement costs if the equipment is
<br />subject to any damage, unauthorized alteration/modification/repair, abnormal use, misuse, neglect, abuse, accident, improper installation, or other acts caused by
<br />Customer, its employees, contractors, or any other person. Such action or inaction may void any manufacturer warranties. Customer further agrees to indemnity
<br />and hold hannless COGENT for any third party claim based on Customer's unauthorized alteration or modification of the equipment. COGENT is not
<br />responsible for Service disruptions caused by any request by Customer to relocate equipment
<br />Expedite Deliverv: COGENT's installation guarantee is strictly limited to the installation guarantee stated in the SLA. However, Customer may request in the
<br />Order Form an expedited delivery for his Service. COGENT will use commercially reasonable efforts to accommodate Customer's request; provided, however,
<br />that COGENT does n'ot guarantee that any such request will be fulfilled (and any such guarantees given either orally or in writing are hereby disclaimed) nor
<br />does COGENT guarantee that the Service will be delivered on a specific date, such as the Requested Service Date indicated on the Order Form.
<br />2. Buntable Servite
<br />If Customer is purchasing COGENT's burstable Service, Customer will have a minimum bandwidth commitment assigned for a given port (the Bandwidth
<br />Commitment or Committed Data Rate, "COR"). The Bandwidth Commitment is agreed upon in the Order Form and is the minimum amount of bandwidth that
<br />will be charged to Customer each month at the base Service price, even if not fully used by Customer during a given month. Customer may burst up to the
<br />maximum bandwidth that can be carried on a given port, e.g. 1,000 Mbps for a Gig-Ethernet port, subject to availability of bandwidth within the COGENT
<br />network.
<br />If Customer exceeds the Bandwidth Commitment on any burstable port in any given calendar month,. Customer agrees to pay the additional per Mbps charge for
<br />excess bandwidth usage over the Bandwidth Commitment as indicated in the Order Form. Such excess bandwidth usage is calculated by COGENT as the
<br />difference between total bandwidth usage and Bandwidth Commitment. where total bandwidth usage is determined by collecting bandwidth usage samples every
<br />5 minutes throughout the month for each port (a sample is based upon the average usage across the 5-minute segment) and detennining the appropriate percentile
<br />(90th or 95th) of usage as indicated in the Order Fonn. Only one sample is captured for each 5-minute period, even though two samples are collected - one for
<br />inbound utilization and one for outbound utilization. The higher of the two samples is retained. For partial months, the total number of samples for the calendar
<br />month is used; for samples where there is no usage, 0 is the recognized value. For example, in a 30-day billing period, 8,640 samples are collected (12
<br />samplesJhour x 24 hours/day x 30 days) and listed from highest to lowest In case of 95th percentile billing, the highest S%or 432 samples are discarded
<br />(representing the top 5% of usage levels). The highest remaining sample (sample 433 in this example) is used to determine total bandwidth usage. For 90th
<br />percentile billing, the highest lO%or 864 samples are discarded (representing the top 10% of usage levels). The highest remaining sample (sample 865 in this
<br />example) is used to detennine total bandwidth usage.
<br />Under the "Summed Burst Billing" option available in conjunction with 90th percentile burst billing, COGENT calculates excess usage as the difference between
<br />the sum of total bandwidth usage and the sum of Bandwidth Commitment across all summed ports. For example, if Summed Burst Billing is applied over three
<br />ports with a Bandwidth Commitment of200 Mbps on each (i.e., a total Bandwidth Commitment of600 Mbps) and the individual 90th percentile total bandwidth
<br />usage amounts were 70 Mbps, 150 Mbps and 500 Mbps, the excess bandwidth usage would be 120 Mbps (70 + 150 + 500 - 600).
<br />Under the "Aggregate Burst Billing" option available in conjunction with 95th percentile burst billing, excess bandwidth usage is calculated by COGENT as the
<br />difference between total aggregated bandwidth usage and the summed Bandwidth Commitment across all aggregated ports, where total aggregated bandwidth
<br />usage is determined by adding usage samples every 5 minutes across all aggregated ports. For example, ifthere are three aggregated ports, every 5 minutes three
<br />inbound samples and three outbound samples are collected, added up to one bandwidth usage value per direction, and the higher of the two values is retained. In
<br />a 30-day billing period, the fmal 8,640 retained bandwidth usage values reflect the aggregated usage across all ports. These values are listed from highest to
<br />lowest. The highest 5% or 432 values are discarded (representing the top 5% of usage levels). The highest remaining value (value 433 in this example) is used to
<br />determine total aggregated bandwidth usage.
<br />3. Customtr's Duties to Coooerate
<br />Customer or its representative must cooperate with COGENT in the installation process. which includes accurate completion of an Order Form containing
<br />detailed demarcation information and other onsite contact listings. and of the necessary technical questionnaires (IP Questionnaire, BGP Questionnaire, etc.) as
<br />provided by COGENT. Customer or its representative must be physically present at the time of installation. During installation and at all other times, the
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<br />Cogent Communications
<br />See Order Fonn or web site for full contact details.
<br />
<br />WWW.c02entco.com
<br />
<br />CUSTOMER:
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<br />xl.,
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