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Network Services Terms & Conditions North America (Ver. 02/08)
<br />Confidential
<br />DEFINITIONS
<br />© Cogent Communications, Inc. 2008
<br />AUP COGENT's Acceptable Use Policy as posted by COGENT (currently at httl2://NvNN-,v.cogentco.com/htdoes/policv.l)h
<br />e)
<br />COGENT reserves the right to amend its AUP at any time, effective upon posting on the COGENT website.
<br />COGENT Cogent Communications, Inc. or its subsidiaries or affiliates.
<br />COGENT The telecommunications network and network components owned, operated or controlled by COGENT, including COGENT's
<br />Network 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 />circuits, and any networks or network equipment not operated and controlled by COGENT.
<br />Customer Customer identified in the attached Order Form.
<br />CSA 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 />Equipment Customer's equipment, if any.
<br />Force Majeure 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 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, breaches or delays.
<br />Initial Costs 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 Term Initial length of term for the Services as indicated on the Order Form.
<br />Landlord Customer's landlord, building owner or property/telecom manager.
<br />Losses Costs, fees, liabilities, losses, damages or penalties, including reasonable legal fees.
<br />Order Form Cover form to which these Terms are attached, identifying the specific Service(s) to be delivered.
<br />Party or Parties COGENT and/or Customer.
<br />Renewal Term Subsequent length of term for the Services after completion of the Initial Term.
<br />Service(s) Bandwidth services provided by COGENT under the Customer Subscriber Agreement.
<br />Service Date 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 />SLA The Service Level Agreement as posted by COGENT (currently at wvvw.cogentco.com) for Customer's specific Service(s).
<br />COGENT reserves the right to amend the Service SLAB at any time, effective upon posting on the COGENT website.
<br />Space Rented rack space from COGENT, if any.
<br />Tax or Taxes 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 />Termination Single payment equal to any third-party cancellation charges and the total remaining dollar value of the applicable Service
<br />Charge order through the Initial Term or Renewal Term, as applicable.
<br />Terms Terms and conditions that apply to the Services COGENT provides to Customer.
<br />Page 3 of 3 Customer:
<br />Cogent Communications, Inc. 1015 3151 St., N.W., Washington, D.C., 20007 202.295.4200 w,,ttiv.cogentco.com
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