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Product Rider- Dedicated Internet Access (Ver. 1-6)
<br />Confidential C Cogent Communications. 2008
<br />c o g e n t PRODUCT RIDER -
<br />COMMUNICATIONS DEDICATED INTERNET ACCESS
<br />GLOBAL
<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 Options
<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 or 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 />Mull%BGP: 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 BGP 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 />Pull Traiic (available for NetCentric customers only): When the "Pull Traffic" Option is selected on the Order Form, Customer agrees that the Base Monthly
<br />Fee and Burst Fee set forth in the Order Form are discounted rates and that Customer's eligibility for these rates is contingent upon the ratio of Customer's
<br />Inbound Traffic Volume (traffic flowing from Cogent's network to Customer's network over the Service Interfaces) to Customer's Outbound Traffic Volume
<br />(traffic flowing from Customer's network to Cogent's network over the Service Interfaces) exceeding 1 (one) (the "Traffic Ratio") in each calendar month of
<br />Service. For any calendar month where the Traffic Ratio does not exceed 1 (one), (a) COGENT will assess, and Customer agrees to pay, an Overage Charge
<br />equal to the difference between the "Standard Base Monthly Fee per Mbps" set forth in the Order Form and the discounted Base Monthly Fee, and (b) the Burst
<br />Fee for any burstable usage (measured in Mbps) in such month shall be charged at the "Standard Burst Fee per Mbps" set forth in the order form, not the
<br />discounted Burst Fee per Mbps. Both the Overage Charge and the Burst Fee will appear on Customer's next invoice. For purposes of this option, "Traffic
<br />Volume" shall mean actual data transfer across the Service Interfaces, as measured by Cogent for each traffic direction, taking data transfer usage samples every
<br />5 minutes throughout the month for each Service Interface (a sample is based upon the average bytes per second across the 5-minute segment multiplied by the 5-
<br />minute sample interval to come to the total number of bytes transferred in the segment) and adding up all samples per direction.
<br />Equipment: 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 on-site 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 indemnify
<br />and hold harmless 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 Delivery 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 not 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. Burstable Service
<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, "CDR"). 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 determining the appropriate percentile
<br />(90th or 95th) of usage as indicated in the Order Form. 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 />samples/hour x 24 hours/day x 30 days) and listed from highest to lowest. In case of 95th percentile billing, the highest 5%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 10%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 determine 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 of 200 Mbps on each (i.e., a total Bandwidth Commitment of 600 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).
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<br />Cogent Communications vww.cogentco.com
<br />See Order Form or web site for full contact details.
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