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PRODUCT RIDER DEDICATED INTERNET ACCESS GLOBAL

This product rider (Rider) amends the CSA entered into between Customer and ULTRANET for the Services specified therein.      Unless otherwise defined herein, 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: First, the Order Form; Second, this Rider; Third, the Terms; and Fourth, the SLA.

 

1. Service and Options

Within the scope of the Dedicated Internet Access Service, ULTRANET transmits IP-packets between the ULTRANET Network and associated networks of its. Customers as well as to and from the global Internet using ULTRANET‘s settlement free peering agreements with other networks. 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 agrees to pay the related fees such as indicated in the Order Form:

Multi BGP: Customer may connect to ULTRANET‘s network with multiple BGP sessions over a single port, such BGP sessions being on its own assigned AS (the Primary ASN) and ASs from third parties represented by Customer (the Secondary ASNs). In this case, Customer will be required to provide ULTRANET with a

Letter of Authorization ("LOA") issued by the third parties having registered the Secondary ASNs in order to activate such Service, and all interactions, being during provisioning or operations, related to BGP-sessions set up between ULTRANET‘s network and Secondary ASNs will be handled exclusively between ULTRANET and Customer.

The fact that a BGP session is being set up between ULTRANET and other parties represented by Customer does not constitute a contractual relationship between ULTRANET and the other parties, this interaction is ruled by the contractual relationship established between ULTRANET and the Customer. ULTRANET will charge an additional Monthly Fee for each Secondary ASN connected.

Link Aggregation (LAG): In certain Service Locations, Customer may elect to aggregate multiple 10 Gigabit Ethernet Services in such Service Location into a Link Aggregation bundle (a "LAG-bundle"). Under such option, ULTRANET will configure the LAG-bundle in such a way that, in case of an outage of some (but not all) Services involved in the LAG-bundle, unaffected Services in such LAG-bundle will continue to pass traffic. Link Aggregation is the technical combination of ports and is independent from billing options: ULTRANET will bill burstable Services involved in a LAG-bundle independently from each other, unless Customer elects to combine them using the "Summed Burst Billing" or "Aggregate Burst Billing" options described in section 2 below

Equipment: ULTRANET may, at its sole discretion and if available, provide equipment for certain Services. The fees for such equipment as agreed in the Order Form will be added to Customer‘s invoice. ULTRANET does not guarantee and is not responsible for any specific type of equipment, or any equipment at all, to be made available to Customer, and such equipment will belong to Customer upon receipt. Customer will provide its own technical support to install, maintain, and integrate equipment. ULTRANET will not provide on-site technical support.

Customer will be responsible for applicable replacement costs if the equipment is subject to any damage, unauthorized alteration /modification /repair, abnormal use, misuse, neglect, abuse, accident, improper installation, or other acts caused by Customer, its employees, contractors, or any other person. Such action or inaction may void any manufacturer warranties.

Customer further agrees to indemnify and hold harmless ULTRANET   for any third party claim based on Customer‘s unauthorized alteration or modification of the equipment. ULTRANET is not responsible for Service disruptions caused by any request by Customer to relocate equipment.

Expedite Delivery: ULTRANET‘s installation guarantee is strictly limited to the installation guarantee stated in the SLA.   However, Customer may request in the Order Form an expedited delivery for his Service. ULTRANET will use commercially reasonable efforts to accommodate Customer‘s request; provided, however, that ULTRANET does not guarantee that any such request will be fulfilled (and any such guarantees given either orally or in writing are hereby disclaimed) nor does ULTRANET guarantee that the Service will be delivered on a specific date, such as the Requested Service Date indicated on the Order Form.

 

2. Burstable Service

If Customer is purchasing ULTRANET‘s burstable Service, Customer will have a minimum bandwidth commitment assigned for a given port (the Bandwidth Commitment or Committed Data Rate, "CDR"). The Bandwidth Commitment is agreed upon in the Order Form and is the minimum amount of bandwidth that 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 maximum bandwidth that can be carried on a given port, e.g. 1,000 Mbps for a Gig-Ethernet port, subject to availability o bandwidth within the ULTRANET network.

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 excess bandwidth usage over the Bandwidth Commitment as indicated in the Order Form. Such excess bandwidth usage is calculated by ULTRANET as the difference between total bandwidth usage and Bandwidth Commitment, where total bandwidth usage is determined by collecting bandwidth usage samples every 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 (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 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 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 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 (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 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 example) is used to determine total bandwidth usage.

Under the "Summed Burst Billing" option available in conjunction with 90th percentile burst billing, ULTRANET calculates excess usage as the difference between 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 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 usage amounts were 70 Mbps, 150 Mbps and 500 Mbps, the excess bandwidth usage would be 120 Mbps (70 + 150 + 500 - 600).

Under the "Aggregate Burst Billing" option available in conjunction with 95th percentile burst billing, excess bandwidth usage is calculated by ULTRANET as the difference between total aggregated bandwidth usage and the summed Bandwidth Commitment across all aggregated ports, where total aggregated bandwidth usage is determined by adding usage samples every 5 minutes across all aggregated ports. For example, if there are three aggregated ports, every 5 minutes three 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 a 30-day billing period, the final 8,640 retained bandwidth usage values reflect the aggregated usage across all ports.

These values are listed from highest to 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 determine total aggregated bandwidth usage.

Under both "Summed Burst Billing" and "Aggregate Burst Billing" options, a Master Service is defined in the Order Form, and all other Services involved in a Summed or Aggregate calculation are listed. Excess bandwidth usage (burst usage) calculated across the listed ports will be billed on the Master Service account.

The relevant data (additional per Mbps charge for excess bandwidth usage and Billing Currency) pertaining to the Master Service will be used for calculating excess bandwidth usage fees across Master Service and all other involved Services. For example, if a customer orders ports in the US and Brazil and defines the US port as the Master, all excess bandwidth usage will be billed on the US invoice in US dollars, at the burst fee indicated on the US port order form.

These billing options are independent from the Link Aggregation (LAG) option: ULTRANET will not combine Services involved in "Summed Burst Billing" or "Aggregate Burst Billing" into a LAG-bundle, unless Customer elects to combine them using the Link Aggregation (LAG) option described in section 1 above.

Furthermore, if Customer wishes that ULTRANET bills Services part of a LAG-bundle according to the "Summed Burst Billing" or "Aggregate Burst Billing" option, then Customer must elect these options for such Services, in addition to the election of the LAG Option.

 

3. Customer‘s Duties to Cooperate

Customer or its representative must cooperate with ULTRANET in    the installation process, which includes accurate completion of an Order Form containing detailed demarcation information and other onsite contact listings, and of the necessary technical questionnaires (IP Questionnaire, BGP Questionnaire, etc.) as provided by ULTRANET. Customer or its representative must be physically present at the time of installation.

During installation and at all other times, the Customer will allow access and if necessary provide escort, for ULTRANET‘s or its representatives‘ necessary personnel to perform the installation and maintenance of the Service, to the designated building‘s phone closet(s) or telecommunications room or to the Customer‘s premises for the purposes of survey, installation, operations and maintenance of the Service, after prior arrangement between the parties. Customer‘s failure to cooperate shall release ULTRANET from its obligations pertaining to the Installation Guarantee included in the SLA but shall not suspend the Service Date or billing start date. In the event of technical problems relating to the Service, the Customer will ensure that ULTRANET‘s or its representatives‘ service engineers have unrestricted access to the designated building‘s phone closet(s) or telecommunications room or to the customer premises equipment. Customer‘s failure to provide access shall release ULTRANET from its obligations pertaining to the Network Availability part of the SLA.

4. Demarcation Point

Within a ULTRANET data center: If Service delivery takes place within a ULTRANET data center, ULTRANET will deliver the Service at a demarcation point situated on the ULTRANET equipment. ULTRANET will provide, maintain and operate the necessary wiring ("Cross-Connect") for Customer to connect to ULTRANET‘s service at the indicated demarcation point. ULTRANET will provide such Cross-Connect for the fee set forth on the Order Form. Within a third-party data center: If Service delivery takes place within a third party data center (i.e. that is not owned and/or operated by ULTRANET), ULTRANET will deliver the Service at a demarcation point situated on the ULTRANET equipment. Unless otherwise agreed, Customer will at its own cost provide, maintain an operate the necessary wiring ("Cross-Connect") to connect to ULTRANET‘s service at the indicated demarcation point. If Customer and ULTRANET agree that

ULTRANET shall provide such Cross-Connect, then ULTRANET will provide such Cross-Connect against fees such as indicated on the Order Form and the Service demarcation point will remain on the ULTRANET equipment. Within an On-Net corporate building: If Service delivery takes place within an On-Net corporate building, ULTRANET will deliver the Service at a demarcation point situated on the ULTRANET equipment within the Customer‘s suite. ULTRANET will provide, maintain and operate the necessary wiring ("Riser") between the building entry and the indicated demarcation point.

At an Off-Net Customer Location: Off-Net Services are being delivered to the Customer Location indicated in the Order Form through a third-party local loop to be provisioned by ULTRANET on behalf of Customer. As such, the Customer and ULTRANET agree that the charges set forth in the Order Form for such Service assumes that such Service will be terminated at a pre-established demarcation point or minimum point of entry (MPOE) in the building housing the Customer Location, as determined by the local access provider. ULTRANET may charge Customer additional nonrecurring charges not otherwise set forth herein for such Service where the Customer or local access provider determines that it is necessary to extend the demarcation point or MPOE through the provision of additional infrastructure, cabling, electronics or other materials necessary to reach the Customer Location.

 

It shall be the Customer‘s responsibility to allow access to the facility for the local access provider, as well as to facilitate or coordinate with the property owner at the Customer Location, all additional space and electricity determined by the local access provider to be necessary to provide the Service. ULTRANET will notify Customer of any additional non-recurring charges, if any, as soon as practicable after ULTRANET is notified by the local access provider of the amount of such charges. From time to time, ULTRANET may provide, and Customer may accept, budgetary estimates for the extension of the demarcation point to the Customer Location along with the initial Order Form. These estimated costs may be based on certain known costs or typical installations that do not require extraordinary efforts by the provider to extend the service.

In the event actual costs exceed the budgetary estimate, Ultranet will notify the Customer as outlined above. In addition, the charges and the Term set forth in the Order Form for the Service assumes that such Service can be provisioned by ULTRANET through the local access provider selected by ULTRANET (and/or Customer) for the stated Term. In the event ULTRANET is unable to provision such Service through the selected local access provider or the selected local access provider requires a higher cost or longer Service Term than that set forth in the Order Form, ULTRANET reserves the right, regardless of whether ULTRANET has accepted the Order Form, to suspend provisioning of the Service hereunder and notify Customer in writing of any additional non-recurring charges, monthly recurring charges and/or Term that may apply, or to cancel the Service set forth on the Order Form. Upon receipt of such notice, Customer will have five (5) business days to accept or reject such changes. If Customer does not respond to ULTRANET within the five (5) business day period, such changes will be deemed rejected by Customer. In the event Customer rejects the changes (whether affirmatively or through the expiration of the five (5) business day period) or if ULTRANET elects to cancel the Service ordered herein, the affected Service will be cancelled without cancellation or termination liability of either party.

 
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