ENTERPRISE CONNECTION SERVICE

 

 

I.       SERVICE DESCRIPTION:  Beginning April 15, 2003, Enterprise Connection Service is not available for new service locations, except that Customers with agreements for service using DSL-based transport may purchase additional service using DSL-based transport under their agreement.

 

A.            ENTERPRISE cONNECTION TRUNK-BASED Service.  Enterprise Connection Service (the “Service”) is an information service that allows Customer to transport voice and data traffic originating in the United States in Internet Protocol (IP) packets through Customer’s Option 2 domestic Frame Relay, Option 2 domestic ATM, or eligible domestic Dedicated Internet 768 Kbps, T1, T3 and Diverse T3 ports, which are provided by the Company (collectively, “Trunk-based Service”).  Calls with the Enterprise Connection Trunk-based Service may be terminated through Customer’s Option 2 domestic Frame Relay, Option 2 domestic ATM, or eligible domestic Dedicated Internet ports, which are provided by the Company, or through the Public Switched Telephone Network (PSTN).  The Trunk-based Service will be provided pursuant to Customer’s Agreement for Enterprise Connection Service (“Agreement”) and the terms and conditions set forth herein.

 

B.           ENTERPRISE cONNECTION LINE-BASED SERVICE. In addition to the Trunk-based Service, Enterprise Connection Service offers a Line-based Service (as defined herein), which is an information service that allows Customer to transport its voice and data traffic originating in the United States in Internet Protocol (IP) packets through Customer’s eligible domestic Internet Digital Subscriber Line (“DSL”) circuits (as defined herein) or eligible domestic Dedicated Internet ports (as defined herein), which are provided by the Company (collectively, “Line-based Service”).  Eligible DSL circuits include Company-provided Internet DSL Office Service (“DSL Office”) 128 Kbps, 384 Kbps and 768 Kbps circuits, and eligible domestic Dedicated Internet circuits include 768 Kbps and T1 (1.544 Mbps) ports (collectively “Transport Service(s)”).  Calls with the Enterprise Connection Line-based Service may be terminated through Customer’s eligible domestic DSL circuits or eligible domestic Dedicated Internet ports, which are provided by the Company, or through the PSTN. The Line-based Service will be provided pursuant to Customer’s Agreement and the terms and conditions set forth herein.

 

Customer will be provided one of the Transport Services based on the bandwidth selected by Customer, subject to service availability and other conditions set forth herein, to carry its Enterprise Connection Line-based traffic.  The Company may interrupt Transport Services for scheduled or emergency maintenance or as otherwise set forth in the Guide or Customer’s Agreement.  The Service will include assignment of a suitable number of IP addresses to be used in conjunction with the Service at Customer’s request and in accordance with the Company’s then-current assignment guidelines.

 

1.            Description of Company Internet DSL Office: DSL Office provides Internet access via DSL broadband technology.  DSL Office is a single or multi-user business Internet access service using symmetrical Internet IP connection via DSL local loop connection.  The service includes use of up to 5 concurrent sessions to the Company’s USENET news servers and use of up to 20 Company-hosted POP3 e-mail boxes.

 

1.1    Provision of DSL Local Loop Connections.  DSL local loop connections between Customer’s location and the Company will be arranged by the Company, and are provided through a local exchange carrier.  Customer authorizes the Company to act as its agent with respect to the ordering, installing, monitoring, testing, repairing, and performing all related activities regarding the local exchange carrier and the DSL local loop connection.  Customer further authorizes the Company and its suppliers, including the local exchange carrier, to access Customer’s premises at mutually convenient times in order to install, monitor, test, repair, or perform related activities regarding the DSL local loop connection and other Service components.  Customer agrees to pay for all charges of the Company and/or third-parties, including, but not limited to local service providers, associated with installing DSL access to Customer’s location, including, but not limited to inside wiring charges, line conditioning charges and construction charges.

 

2.         Description of Company Dedicated Internet Service.  Company Dedicated Internet Service provides access to a router at a Company network hub near Customer’s site at the selected bandwidth (768 Kbps or T1). Dedicated Internet Service is comprised of the following features:

·      Provision of 7x24 hour port connection monitoring.

·      Provision of static or dynamic routing

·      Back-up E-mail “store and forward” service, using Simple Mail Transfer Protocol (“SMTP”).  Customer is responsible for providing a main mail host that will send and receive SMTP mail using the Domain Name Service (“DNS”) Mail Exchange records.

·      Information containing traffic statistics for the connection provided hereunder.

           

C.     NETWORK APPLICATIONS.  Descriptions of the domain name, mail, news services, and other network applications available in connection with this Service, and the pricing and additional terms applicable to these services, are set forth in the Network Applications Fee Schedule available at http://www.MCI.com/uunet/terms/.  The Company reserves the right to change the Network Applications Fee Schedule from time to time, effective upon posting of the changes to that URL or other notice to Customer.

 

 

II.       DEFINITIONS:  In addition to the General Definitions as described elsewhere in the Guide, the following apply:

 

·      On-Net Calls - calls that both originate and terminate on Customer’s eligible Company -provided eligible ports or circuits

·      Off-Net Calls – calls that terminate to the Public Switched Telephone network.

 

 

III.               FEATURES AND OTHER OPTIONS:

 

A.      Enterprise Connection Call Types

 

1.      Trunk-based Call Types:

 

1.1      On-Net Calls:  The Service allows Customers to complete IP to IP calls that both originate and terminate on Customer’s Company data network (“On-Net Calls”).

 

1.2      Outbound Off-Net U.S. Long Distance Calls:  The Service offers network gateways to the Company long distance telephone network, allowing Customer to complete long distance calls that terminate off of Customer’s Company data network (“Off-Net Calls”).

 

1.3      Outbound Off-Net Local Calls:

 

1.3.1   At Customer locations that are served by a Company local switch, the Service offers network gateways to the Company’s local switching network, allowing Customers who select the Enterprise Connection’s local service to complete Off-Net local calls, as determined by the Company.  Local calls from Customer locations served by a Company local switch will support the local calling features set forth in Section III of this schedule.  emergency calling services ARE SUBJECT TO THE LIMITATIONS AND RESTRICTIONS SET FORTH Under THE “conditions of providing emergency 911 service” and “DISCLAIMER OF CERTAIN DAMAGES WITH RESPECT TO EMERGENCY 911 SERVICE” headings WITHIN the Terms and Conditions section of THE GUIDE.

 

1.3.2   Customers with locations not served by a Company local switch or Customers who do not select the Enterprise Connection’s local service may deploy a Cisco local gateway on their premises and purchase local service from a local exchange carrier, in which case local service, including local service features, will be provided via Customer’s local exchange carrier and associated local service charges will apply.  A Cisco Enterprise Gateway is not provided as part of this Service Attachment.  Customers may purchase CPE, including a Cisco local gateway, under the terms of a separate agreement.  emergency calling services ARE SUBJECT TO THE LIMITATIONS AND RESTRICTIONS SET FORTH Under THE “conditions of providing emergency 911 service” and “DISCLAIMER OF CERTAIN DAMAGES WITH RESPECT TO EMERGENCY 911 SERVICE” headings WITHIN the Terms and Conditions section of THE GUIDE.

 

1.4      Inbound PSTN Calls:  The Service allows users to have a North American Numbering Plan (NANP) number assigned to their phone and the Service will allow inbound PSTN calls to be received.   Local number portability is supported.  Customers with locations not served by a Company local switch or Customers who do not select the Enterprise Connection’s local service must deploy a Cisco local gateway on their premises to receive inbound PSTN calls.  A Cisco local gateway is not provided as part of this Service Attachment.  Customers may purchase Customer Premises Equipment (“CPE”), including a Cisco local gateway, under the terms of a separate agreement.

 

1.5      International Calls:  The Service allows Customers to complete International calls to the locations set forth in the Enterprise Connection International Pricing Schedule.

 

1.6      Fax:  The Service supports fax pass-through using G.711 codec.

 

2.            Line-based Call Types:

 

2.1      Outbound Long Distance Calls:  The Service offers network gateways to the Company long distance telephone network, allowing Customer to complete long distance calls that terminate off of Customer’s Company data network.

 

2.2      Outbound Local Calls:  The Service offers network gateways to the Company’s local switching network, allowing Customers to complete local calls, as determined by the Company.  Local calls from Customer locations served by a Company local switch will support the local calling features set forth in Section 3(a) of this schedule.  emergency calling services ARE SUBJECT TO THE LIMITATIONS AND RESTRICTIONS SET FORTH Under THE “conditions of providing emergency 911 service” and “DISCLAIMER OF CERTAIN DAMAGES WITH RESPECT TO EMERGENCY 911 SERVICE” headings WITHIN the Terms and Conditions section of THE GUIDE.

 

2.3      Inbound PSTN Calls:  The Service allows users to have a North American Numbering Plan (NANP) number assigned to their phone and the Service will allow inbound PSTN calls to be received.

 

2.4      International Calls:  The Service allows Customers to complete International calls to the locations set forth in Section IV.F.2  “Enterprise Connection International Pricing Schedule.”

 

2.5      Fax:  The Service supports fax pass-through using G.711 codec.

 

B.      Network Features: Enterprise Connection Trunk and Line-based Service:

 

1.            Call Blocking:  Provides the ability to block calls to certain destinations, such as calls to international locations.  Calls can be blocked at the user level or site level.

 

2.            Private Dial Plans:  Allows corporate Customers to assign their own private number plan between Customer locations, allowing Customers to create their own virtual phone networks.  Enterprise Connection Trunk-based Service can support private numbers up to 32 digits.  PRIVATE DIAL PLANS ARE NOT AVAILABLE WITH THE LINE-BASED SERVICE.

 

3.            Call Waiting: Provides the user with an indication that another call is waiting.

 

4.            Attended Call Transfer:  Provides the ability to announce a caller before transferring a call.

 

5.            Unattended Call Transfer:  Provides the ability to transfer a call without an attendant.

 

6.            Selective Call Acceptance (Call screening):  Provides the ability to allow calls only from a pre-selected list of phone numbers or URLs to reach a Customer.

 

7.            Call forwarding:

 

7.1           Call Forwarding - Unconditional:  All calls are routed immediately to a Call Forwarding Unconditional address.

 

7.2           Call Forwarding – Busy/No Answer:  Calls to a profile are routed to a Call Forwarding Busy/No Answer address, if the network encounters a busy or no-answer condition.

 

7.3      Call Forwarding on Screening:  Calls that are screened may be forwarded to a Call Forwarding on Screening address, such as voice-mail.

 

8.            Find-Me Feature:  A user defined find-me list provides a means to route calls up to 5 possible destinations or numbers.

 

9.            Enhanced Voice-mail:  Network based Voice-mail (“VM”) accounts can be setup to provide Customer with per department and/or per user accounts.  VM can be retrieved via phone, web site or e-mail.

 

10.        Hunt Groups:  Provides the ability to organize a series of lines in such a way that if the first line is busy, the next line is hunted in either a sequential, circular or weighted manner.

 

C.    Local Service Features: Enterprise Connection Trunk and Line-based Service:

 

1.            Caller Name (CNAM) Display:  CNAM is the display of the calling party's name (CPN) following the number on a called party's Caller ID Display Box.  CNAM is only available if CPN Delivery is enabled.  This feature allows a calling name to be defined that will be associated with the CPN.

 

2.            Operator Services:  Customer may obtain the assistance of a local operator to complete local exchange telephone calls in the following manner.  In addition to the monthly recurring charge for the Service, the surcharges identified in the Section IV.E., “Local Operator Assistance Rates”  apply to the following operator services.

        

2.1    Busy Line Verification and Busy Line Interrupt.  Busy Line Verification and Busy Line Interrupt services, which are furnished where and to the extent that facilities permit, provide the Customer with the following options:

 

2.1.1        Busy Line Verification.  Upon request of the calling party, the operator will verify that a line is busy.  A per call charge will apply.

 

2.1.2    Busy Line Interrupt.  The operator will interrupt the call on the called line to ascertain willingness to establish a conversation with an alternate party only if the calling party indicates an emergency and requests interruption.  A per call charge applies.

 

2.2    Person-to-Person Call.  A service where the person originating the call specifies to the operator a particular person to be reached.  Person to person can be billed to a calling card, billed to a third number or billed collect.

 

2.3    Third Number Billing Call.  A service that provides the Customer with the capability to charge a call to a third party number which is different from the called or calling party number.  The party answering at the third party number has the option to refuse acceptance of the charges in advance or when queried by the operator.  A per-call charge applies.

 

2.4    Collect.  A service that provides the Customer with the capability to charge a call to the called party.  Upon the operator’s announcement of a collect call, the called party has the option to refuse acceptance of charges in advance or when queried by the announcement.  A per call charge applies.

 

2.5    Station-to-Station.  Calls completed with the assistance of an operator to a particular station.  The call may be billed to the called party.  A per-call charge applies.

 

3.         Directory Assistance.  Customer may obtain Directory Assistance in determining telephone numbers by calling the Directory Assistance operator.  Customer may request a maximum of two listings per call.  A per-call charge applies as defined in Section IV “Rates and Charges.”

 

4.         Directory Listings

 

4.1    Options/Types.  The Company provides for a single directory listing, termed the Primary Listing, in the telephone directory published by the dominant exchange service provider in the Customer’s exchange area of the station number, which is designated as the Customer’s main billing number.  Directory listings of additional Customer station numbers, other than the Customer’s main billing number, associated with the Customer’s service will be provided for a monthly recurring charge per listing.  The following Directory Listing options/types are available:

 

4.1.1      Primary Listing:  A Primary listing contains the name of the Customer, or the name under which a business is regularly conducted, as well as the address and telephone number of the Customer.  The listing is provided at no additional charge.

 

4.1.2      Additional Listings:  In connection with business service, additional listings are available only in the names of authorized Users of the Customer’s service.  Rates for additional listings are specified in the attached pricing schedules.

 

4.1.3      Non-published Listings:  A non-published listing is a listing that is not printed in directories nor available from directory assistance.  A Non-published Telephone Service will be furnished, at the Customer’s request providing for the omission or deletion of the Customer’s telephone listing from the telephone directory and, in addition, the Customer’s telephone listing will be omitted or deleted from the directory assistance records.  Rates for non-published listings are specified in the attached pricing schedules.

 

4.1.4      Non-listed Numbers:  A non-listed number will be furnished at the Customer’s request, providing for the omission or deletion of the Customer’s listing from the telephone directory.  Such listings will be carried in directory assistance and other records and will be given to any calling party.  Rates for non-listed listings are specified in the attached pricing schedules.

 

4.1.5      Foreign Listings.  Where available, a listing in the phone directory which is not in the Customer’s immediate calling area.  The Customer will be charged the rates specified in the attached pricing schedules.

 

4.1.6      Alternate Call Listings.  Where available, a listing that references a telephone number which is not the primary listing for the Customer.  The Customer must provide written verification that the alternate telephone number is authorized to accept calls. Rates for alternate calling listings are specified in the attached pricing schedules.

 

4.2     Directory Listings - Term and Conditions.

 

4.2.1      The Company reserves the right to limit the length of any listing in the directory by the use of the abbreviations when, in its judgment, the clearness of the listing or the identification of the Customer is not impaired thereby.  Where more than one line is required to properly list the Customer, no additional charge is made.

 

4.2.2      The Company may refuse a listing which is known not to constitute a legally authorized or adopted name, obscenities in the name, or any listing which, in the opinion of the Company, is likely to mislead or deceive calling persons as to the identity of the listed party, or is a contrived name used for advertising purposes or to secure a preferential position in the directory or is more elaborate than is reasonably necessary to identify the listed party.

 

4.2.3      Each listing must be designated Government or Business to be placed in the appropriate section of the directory.  In order to aid the user of the directory, and to avoid misleading or deceiving the calling party as to the identity of the listed party, only business listings may be placed in the Business Section and only residential listings in the Residential section.

 

4.2.4      The Company, upon notification to the Customer, will withdraw any listing, which is found to be in violation of its rules with respect thereto.

 

4.2.5      In order for the listings to appear in an upcoming directory, the Customer must furnish the listing to the Company in time to meet the directory publishing schedule.

 

5.            Local Number Portability (LNP):  LNP gives customers the ability to switch local service providers (LSPs) while keeping the same phone number.

 

6.            Service Area Codes (SACs):  SACs are non-geographic numbering plan areas (NPAs) such as 500 and 700.  SACs are supported with the Enterprise Connection local service.

 

7.            900/976 Blocking: 900 and 976 numbers will be blocked.

 

D.     Compression: Enterprise Connection Trunk and Line-based Service(s) support the following compression algorithms:

 

1.            G. 711 Codec Support:  Uncompressed voice.

 

2.            G. 729/G.729a Codec Support:  Compressed voice using the G.729/G.729a codec.

 

E.      Call Management:  Enterprise Connection Trunk and Line-based Service(s) provide the following call management features:

 

1.            Call Reporting Details via a Company web site (the ”Company Customer Center”), which is currently on the following URL: http://customercenter.MCI.com/.

 

2.            Administrative Site Management via a Company web site: Via the Company Customer Center, Enterprise Connection provides administrator accounts on a central web site.

 

3.            User Self Provisioning & Management a Company web site: Via the Company Customer Center, Enterprise Connection provides web access for users to set up their phones and administer features and calling treatments.

 

F.      Emergency Calling Services for Enterprise Connection Trunk and Line-based Service.  The Service will enable Customer to access an appropriate public safety answering point (“PSAP”) by dialing 911 only in locations where such 911 calling is available and only under the limited circumstances described below (“Emergency 911 Service”).  In particular, Customer understands that Emergency 911 Service is not accessible using a Mobile SIP phone (as explained further below and in the “Conditions of Providing Emergency 911 Service” and “Disclaimer of Certain Damages with Respect to Emergency 911 Service” Headings within the Terms and Conditions Section of the Guide).

 

G.     Managed Implementation or Managed Services of Trunk-based Service.  The Company will provide the implementation services for the Trunk-based Service pursuant to the terms and conditions set forth in Section V.K., “Schedule G-1.”   Alternately, Customer may elect to have the Company provide Managed Services for the Trunk-based Service as described in Section IV., “Rates and Charges”, Heading A., “Rates and Charges for Trunk-based Service” pursuant to the terms and conditions set forth in Section V.L, “Schedule G-2.”   Domestic Dedicated Internet ports are not eligible for Managed Services.

 

 

IV.                RATES AND CHARGES:

 

A.         Rates and Charges for Enterprise Connection Trunk-based Service.

 

Trunk-based Service charges are based on Customer’s router size and whether the router is managed by Customer or the Company.  The monthly router fee for the Service includes unlimited On-net calling2, use of a quality of service hardware device and a preset number of voice-mail boxes.

 

1.         Router Managed By Customer

 

Router Size

Router Series

Router Fee (per router per month)

On-net calling between

Service locations

Number of Voice-mail Boxes included at no cost per router

Per Additional Voice-mail Boxes

Installation
(one-time fee only per router)

Small

Cisco 1700

$180

Free

5

$9.50

$250

 

Medium

Cisco 2600

$305

Free

15

$9.50

$250

 

Large

Cisco 3600

$555

Free

25

$9.50

$250

 

Super

Cisco 7200

$1,055

Free

50

$9.50

$250

 

 

2.         Router Managed By The Company

 

Router Size

Router Series

Router Fee (per router per month)

On-net calling between

Service locations

Number of Voice-mail Boxes included at no cost per router

Per Additional Voice-mail Boxes

(per feature package per month)

Installation
(one-time fee only per router)

Small

Cisco 1700

$305

Free

10

$9.50

$250

Medium

Cisco 2600

$555

Free

25

$9.50

$250

Large

Cisco 3600

$1055

Free

50

$9.50

$250

Super

Cisco 7200

$2,055

Free

100

$9.50

$250

 

3.         Rates for Off-net Calls and/or Optional Features.  In addition to the fees set forth above, Customer agrees to the following rates and charges for Off-net Calls and/or optional features:

 

3.1       Outbound Off-net Local Calling:  Customer’s who purchase Enterprise Connection Trunk-based local calling services will be charged $500 per month per site per full T-1 or $25 per channel per month if less than full T-1 is purchased.

 

3.2       U.S. Enterprise Connection-to-U.S.  PSTN long distance calls shall be charged at the rate of $0.03 per minute.  (This rate applies to both interstate and intrastate U.S. calls).

 

3.3       U.S. Enterprise Connection-to-International PSTN calls shall be charged at the rates set forth in the Connection International Pricing Schedule.

 

3.4       The optional local service features as described in Section III  “Features and Other Options” Heading C., “Local Service Features: Enterprise Connection Trunk and Line-based Service” will be charged at the rates set forth in Section IV., “Rates and Charges”, Headings C. through G.

 

4.         Call Rounding.   For billing purposes, per-call charges as defined above are subject to the following call timing and rounding rules:  Calls are billed in increments of one (1) second.  If the computed charge includes a fraction of a cent, the fraction is rounded up to the nearest whole cent.

 

B.      Rates and Charges for Line-based Service.

 

Pricing for Line-based Service is based on the geographical market in which each Customer site is located and the Transport Service serving each site.  The monthly recurring fee for each Customer location includes the selected Transport Service(s)6, the applicable Service Equipment, and unlimited outbound U.S. long distance and local calls.

 

Customers subscribing to the Line-based Service will pay the rates and charges set forth below for each Customer location receiving the Service:

 

1.            Monthly Recurring Charges for Line-based Service with DSL Office Access

2.            Monthly Recurring Charges for Line-based Service with Dedicated Internet Access

 

3.      U.S. Enterprise Connection - to- International PSTN calls will be charged at the rates set forth in the Connection International Pricing Schedule.

 

4.      The optional local service features as described in Section III  “Features and Other Options” Heading C., “Local Service Features: Enterprise Connection Trunk and Line-based Service” will be charged at the rates set forth in Section IV., “Rates and Charges”, Headings C through G.

 

C.        Local Directory Assistance MSA Rates Per Call.

Local Directory Assistance is billed on a per-call basis.  Customers may obtain two listings per call.  If national capabilities are available, two different area codes are allowed.  If not, the listings received must be from the same local calling area.  Once a caller hears the automated greeting (or the operator), Customer will be billed for the call, even if Customer hangs up before asking for the listing.  Additionally, if the operator cannot find a listing or it is "unlisted/not available," Customer will be charged. If an incorrect listing was provided, Customer may call Customer Service to receive a credit for the call.

Local Directory Assistance Calls are billed at the rates set forth below:

 

Albuquerque                                    $0.60                               Milwaukee                                       $0.75

Atlanta                                             $0.85                               Minneapolis                                     $0.50

Austin                                              $0.30                               New Hampshire                              $0.40

Baltimore                                         $0.40                               New Jersey                                     $0.35

Boca Raton                                     $0.25                               New York City                                 $0.45

Boston (Suburban)                         $0.34                               North Portland                                 $0.60

Boston (Urban)                               $0.34                               Oklahoma City and Tulsa               $0.25

Buffalo                                             $0.45                               Orlando (BellSouth)                        $0.25

California – GTE                             $0.35                               Orlando (Sprint)                              $0.45

California PACBELL                       $0.25                               Philadelphia and Pittsburgh            $0.57

Chicago                                           $0.75                               Phoenix and Tucson                       $0.59

Cincinnati                                        $0.44                               Portland, ME                                   $0.40

Cleveland and Toledo                     $0.30                               Portland, OR (GTE)                        $0.35

Dallas                                              $0.30                               Portland, OR                                   $0.50

Denver                                            $0.40                               Providence                                      $0.31

Detroit                                             $0.45                               Raleigh                                            $0.52

Fort Worth                                       $0.30                               Reno                                               $0.50

Grand Rapids                                  $0.45                               Rochester                                       $0.45

Hartford                                           $0.50                               Salt Lake City                                  $0.50

Houston                                           $0.30                               San Antonio                                     $0.30

Indianapolis                                     $0.40                               Seattle (GTE)                                  $0.25

Jackson, MS                                   $0.45                               Seattle (U.S. West)                         $0.60

Kansas City, KS                             $0.50 (first 5 free)           Springfield, MA                                $0.34

Kansas City, MO                             $0.48                               Springfield, MO                               $0.30

Knoxville                                       No charge                          St. Louis                                          $0.48

Lansing and Traverse City              $0.45                               Stamford                                         $0.50

Little Rock                                       $0.50                               Tampa                                             $0.40

Memphis                                         $0.45                               Virginia (Northern)                           $0.29

Miami and Ft. Lauderdale               $0.25                               Washington, DC                             $0.36

 

D.        Long Distance and/or National Directory Assistance Rate Per Call by State.  Call rating is based on where the call originates and what area code was used when 1-NPA-555-1212 was dialed.  If these two factors involve two different states, the interstate rate per call is $2.49. Intrastate rates are based on the same principle as Interstate. If the call originates in the same state as the area code dialed, the rate per call will be billed as an intrastate Directory Assistance call.  It is important that Customer dials an in-state area code with 1-NPA-555-1212 to receive the intrastate rate.  For an inquiry out-of-state, Customer may dial any valid area code.  Once a caller hears the automated greeting (or the operator), Customer will be billed for the call, even if Customer hangs up before asking for the listing.  Additionally, if the operator cannot find a listing or it is "unlisted/not available," Customer will be charged. If an incorrect listing was provided, Customer may call Customer Service to receive a credit for the call.

1.         All Interstate Directory Assistance calls are billed at a rate of $2.49

2.         Intrastate Directory Assistance calls are billed at the rates set forth below:

 

Alabama                                          $0.60                               Montana                                          $1.40

Alaska                                             $1.40                               Nebraska                                         $1.40

Arizona                                            $1.40                               Nevada                                            $1.40

Arkansas                                         $1.40                               New Hampshire                              $1.40

California                                         $1.40                               New Jersey                                     $1.40

Colorado                                         $0.60                               New Mexico                                     $1.40

Connecticut                                     $1.40                               New York                                         $1.40

Delaware                                         $1.40                               North Carolina                                 $1.40

Florida                                             $1.40                               North Dakota                                   $1.40

Georgia                                           $1.40                               Ohio                                                $1.40

Hawaii                                             $1.40                               Oklahoma                                       $0.64

Idaho                                               $1.40                               Oregon                                            $1.40

Illinois                                              $1.40                               Pennsylvania                                   $1.40

Indiana                                             $1.40                               Rhode Island                                   $1.40

Iowa                                                 $1.40                               South Carolina                                $1.40

Kansas                                            $1.40                               South Dakota                                  $1.40

Kentucky                                         $1.40                               Tennessee                                      $1.40

Louisiana                                         $1.40                               Texas                                              $1.40

Maine                                               $0.95                               Utah                                                 $1.40

Maryland                                          $1.40                               Vermont                                          $1.40

Massachusetts                               $1.40                               Virginia                                            $1.40

Michigan                                          $1.40                               Washington                                     $1.40

Minnesota                                        $1.40                               West Virginia                                   $0.75

Mississippi                                      $1.20                               Wisconsin                                       $1.40

Missouri                                           $1.40                               Wyoming                                         $1.40

 

E.         Local Operator Assistance Rates and Charges

 

Local Operator Assistance is billed on a per-call basis at the city-specific rates set forth below:

 

Station to Station

Person to Person

Third Num-ber Billing

Busy Line Verifi-cation

Busy Line Interrupt

Collect Calling

 

 

Station to Station

Person to Person

Third Num-ber Billing

Busy Line Verifi-cation

Busy Line Interrupt

Collect Calling

Albuquerque

$2.25

$3.00

$0.75

$2.50

$5.00

$0.75

 

Minneapolis

$1.30

$3.00

$1.30

$1.00

$1.50

$0.95

Atlanta

1.20

3.40

1.15

1.55

1.40

1.15

 

Nashville

1.00

1.00

0.70

0.95

1.40

0.50

Austin

1.30

2.60

2.60

1.35

2.20

1.00

 

New Hampshire

1.65

3.50

1.65

0.00

0.00

1.65

Baltimore

1.26

2.27

1.26

0.75

1.20

1.26

 

New Orleans

0.75

3.13

1.83

2.00

4.00

1.83

Birmingham

0.80

0.80

0.80

0.35

0.40

1.00

 

New York City

0.40

3.49

1.58

1.07

1.61

1.58

Boca Raton

0.75

2.50

1.00

0.35

0.40

1.00

 

Newark

1.26

2.27

1.26

0.00

1.51

1.26

Boston (Suburban)

1.50

3.16

1.50

1.05

2.10

1.50

 

Oklahoma City/Tulsa

1.57

3.07

1.57

1.20

1.50

1.57

Boston (Urban)

1.50

3.16

1.50

1.05

2.10

1.50

 

Orlando– BellSouth

0.75

2.98

1.10

0.35

0.40

1.10

Buffalo

0.40

3.49

1.58

1.07

1.61

1.58

 

Orlando– Sprint

1.00

2.50

1.00

0.35

0.40

1.00

California– GTE

N/A

2.95

N/A

2.00

2.00

N/A

 

Philadelphia/Pittsburgh

1.75

3.50

3.50

1.10

2.00

3.50

California– PACBELL

0.95

2.95

0.95

0.50

1.00

0.95

 

Phoenix/Tucson

1.30

3.50

1.30

1.50

3.00

1.50

Charlotte

1.00

1.00

2.50

0.35

0.40

2.50

 

Portland, ME

1.30

3.70

0.00

0.00

0.00

0.75

Chicago

1.05

1.80

1.80

2.00

7.00

3.50

 

Portland, OR– GTE

1.00

3.00

0.60

0.80

1.50

0.50

Cincinnati

0.45

3.00

1.50

0.60

1.15

3.00

 

Portland, OR– North/USW

1.30

3.50

1.30

1.50

3.00

1.50

Cleveland/Toledo

1.10

3.00

1.50

1.20

1.60

1.10

 

Portland, OR– USW

1.30

3.00

0.50

1.40

2.80

0.50

Dallas

1.30

2.60

2.60

1.35

2.20

1.00

 

Providence

1.80

3.00

1.80

2.10

3.15

1.80

Denver

1.85

3.90

1.85

1.50

3.00

1.50

 

Raleigh

1.00

1.00

2.50

0.35

0.40

2.50

Detroit

1.65

4.50

2.20

2.00

7.00

2.10

 

Reno

1.00

3.00

3.00

0.50

0.50

1.00

Grand Rapids

1.65

4.50

2.20

2.00

7.00

2.10

 

Rochester

1.25

3.00

1.60

0.45

1.10

1.25

Hartford

1.75

3.50

1.75

1.00

1.00

1.75

 

Salt Lake City

0.80

3.00

1.25

1.50

3.00

1.50

Houston

1.30

2.60

2.60

1.35

2.20

1.00

 

San Antonio/Fort Worth

1.30

2.60

2.60

1.35

2.20

1.00

Indianapolis

1.05

4.50

2.20

2.00

7.00

2.10

 

Seattle– GTE

1.30

3.50

1.30

1.35

1.50

1.50

Jackson, MS

1.44

4.32

1.20

1.14

1.68

1.20

 

Seattle– U.S. West

1.30

3.50

1.30

1.50

3.00

1.50

Jacksonville

0.75

2.50

1.00

0.35

0.40

1.00

 

Shreveport

0.90

2.50

0.90

1.40

2.15

0.90

Kansas City, KS

1.00

2.40

2.40

1.20

1.85

1.00

 

Springfield, MA

1.50

3.16

1.50

1.05

2.10

1.50

Kansas City, MO

1.10

2.40

2.40

1.20

1.85

1.00

 

Springfield, MO

1.10

2.40

2.40

1.20

1.85

1.00

Knoxville

1.00

1.00

0.70

0.95

1.40

0.50

 

St. Louis

1.10

2.40

2.40

1.20

1.85

1.00

Lansing/Traverse City

1.65

4.50

2.20

2.00

7.00

2.10

 

Stamford

1.75

3.50

1.75

1.00

1.00

1.75

Little Rock

0.90

2.50

0.90

1.40

2.15

0.90

 

Tampa

1.50

3.00

1.50

1.00

0.50

1.50

Memphis

1.00

1.00

0.70

0.95

1.40

0.50

 

Virginia (Northern)

0.75

1.50

0.75

0.75

1.55

0.75

Miami

0.75

2.98

1.10

0.35

0.40

1.10

 

Washington, DC

1.30

3.00

1.70

1.30

1.80

1.70

Milwaukee

2.10

4.50

2.20

2.00

7.00

2.10

 

 

 

 

 

 

 

 

 

 

F.         Long Distance Operator Assistance Rates

 

Long Distance Operator Assistance is billed on a per-minute and per-call basis. The following charges apply to outbound Service calls to U.S or International PSTN Operator Assisted calls. For calls terminating over Local Network Connection facilities, a termination credit of $0.01 per minute will apply.  For calls originating over Local Network Connection facilities, an origination credit of $0.045 per minute will apply.  A Local Network Connection is defined as a switched connection between a customer premises and a Company Point of Presence (POP) that is provided by the Company or a Company affiliate.

 

1.         Domestic Calls:  For domestic calls made via the Service (excluding collect calls and calls which are billed by a third party), the following usage rates will apply.

 

From the U.S. Mainland and Hawaii to the U.S. Mainland and Alaska or from the U.S. Mainland to Hawaii Per-Minute Usage Charges:

 

                                                    Day                                      Evening                       Night&Weekend

                          (8:00a.m.–4:59p.m. Monday–Friday) (5:00p.m.–10:59p.m. Monday–Friday)           (11:00p.m.–7:59a.m.)

Mileage Band                    1st Min.    Add'l Min.               1st Min.    Add'l Min.            1st Min.   Add'l Min.

 

          1  ‑     10                 $0.2412     $0.2412              $0.1363     $0.1363           $0.1258     $0.1258

        11  ‑     22                   0.2412       0.2412                0.1468       0.1468             0.1258       0.1258

        23  ‑     55                   0.2517       0.2517                0.1677       0.1677             0.1363       0.1363

        56  ‑   124                   0.2726       0.2726                0.1677       0.1677             0.1363       0.1363

      125  ‑   292                   0.2726       0.2726                0.1887       0.1887             0.1572       0.1572

      293  ‑   430                   0.2831       0.2831                0.1887       0.1887             0.1572       0.1572

      431  ‑   925                   0.2831       0.2831                0.1992       0.1992             0.1572       0.1572

      926  ‑ 1910                   0.2831       0.2831                0.1992       0.1992             0.1677       0.1677

    1911  ‑ 3000                   0.2831       0.2831                0.2097       0.2097             0.1782       0.1782

    3001  ‑ 4250                   0.3146       0.3146                0.2202       0.2202             0.1782       0.1782

    4251  ‑ 5750                   0.3461       0.3461                0.2307       0.2307             0.1782       0.1782

 

From the U.S Mainland and Hawaii to Puerto Rico and the U.S. Virgin Islands Per-Minute Usage Charges:

 

                                                    Day                                      Evening                       Night&Weekend

Mileage Band                1st Min.    Add'l Min.                  1st Min. Add'l Min.                 1st Min. Add'l Min.

 

Band 1                              $0.2831     $0.2831              $0.1992     $0.1992           $0.1677     $0.1677

Band 2                                0.2831       0.2831                0.2097       0.2097             0.1782       0.1782

Band 3                                0.3146       0.3146                0.2202       0.2202             0.1782       0.1782

Band 4                                0.5978       0.5244                0.4005       0.3513             0.3108       0.2726

 

            From the U.S. Mainland and Hawaii to Guam and CNMI Per-Minute Usage Charges:

 

                                                    Day                                      Evening                       Night&Weekend

Mileage Band                1st Min.    Add'l Min.                  1st Min. Add'l Min.                 1st Min. Add'l Min.

 

Band 6                              $0.6294     $0.5521              $0.6294     $0.5521           $0.6294     $0.5521

Band 7                                0.6294       0.5521                0.6294       0.5521             0.6294       0.5521

 

2.         International Calls

 

From the U.S. Mainland, Alaska and Hawaii to International Locations Per-Minute Usage Charges:  The charges set forth in Connction International Operator Assistance Rates and Charges apply for calls defined in Section 1, from the U.S. Mainland, Alaska and Hawaii which terminate in international locations.

 

3.         Operator Services Surcharges:

 

Except as specified below, for all domestic and international calls in the classifications specified in Section 1 above, the undiscountable surcharges, as set forth below will apply.

 

                                                                                                                                           Surcharge

                                                                                                                               Domestic     International

                                                                                                                                   Calls              Calls

 

Operator Station:                                                                $2.10               $4.00

Domestic Origination and Termination

To/From Canada:                                                            N/A                  2.25

 

Person to Person:                                                                 3.90                 7.00

Domestic Origination and Termination

To/From Canada:                                                           N/A                   3.90

 

Operator Dialed:                                                                   1.15                 2.15

 

G.     Directory Listing Charges

 

Customer will be billed Directory Listing charges both on a one-time installation charge basis as well as a monthly recurring charge basis as set forth below for each listing and/or number:

 

 

Additional Listing Install Charge

Additional Listing Monthly Recurring Charge

Alternate Call Listing Monthly Recurring Charge

Non-Listed Number Install Charge

Non-Listed Number Monthly Recurring Charge

Non-Publish Number Install Charge

Non-Published Number Monthly Recurring Charge

Albuquerque

$19.50

$2.50

N/A

$19.50

$1.50

$19.50

$3.00

Atlanta

$8.40

$1.20

$1.20

$8.40

$1.75

$8.40

$1.75

Austin

$0.00

$1.45

$1.50

$0.00

$0.90

$0.00

$1.10

Baltimore

$6.00

$1.10

$1.10

$6.00

$1.10

$6.00

$1.45

Birmingham

$19.00

$1.55

$1.55

$19.00

$2.00

$19.00

$3.00

Boca Raton

$19.00

$1.20

$1.20

$19.00

$0.80

$19.00

$1.75

Boston (Suburban)

$0.00

$1.73

N/A

$0.00

$1.13

$0.00

$1.90

Boston (Urban)

$0.00

$1.73

N/A

$0.00

$1.13

$0.00

$1.90

Buffalo

$35.90

$1.85

$1.85

$35.90

$1.90

$35.90

$1.90

California– GTE

$30.00

$1.75

$1.75

$30.00

$1.00

$30.00

$1.50

California– PACBELL

$7.00

$1.75

$1.75

$0.00

$0.30

$0.00

$0.30

Charlotte

$19.00

$1.15

$1.15

$19.00

$0.75

$19.00

$1.70

Chicago

$0.00

$4.00

$1.70

$0.00

$0.76

$0.00

$1.35

Cincinnati

$12.37

$3.00

$1.47

$12.37

$1.96

$12.37

$1.96

Cleveland/Toledo

$17.90

$3.90

$3.90

$17.90

$1.10

$17.90

$1.10

Dallas

$0.00

$1.45

$1.50

$0.00

$0.90

$0.00

$1.10

Denver

$12.00

$1.90

$2.60

$18.00

$1.80

$18.00

$2.25

Detroit

$8.50

$3.00

$0.00

$2.00

$1.00

$2.00

$1.50

Grand Rapids

$8.50

$3.00

$0.00

$2.00

$1.00

$2.00

$1.50

Hartford

N/A

$1.65

$1.65

N/A

$2.00

N/A

$3.35

Houston

$0.00

$1.45

$1.50

$0.00

$0.90

$0.00

$1.10

Indianapolis

$5.00

$4.00

$3.00

$0.00

$1.50

$0.00

$2.85

Jackson, MS

n/a

$1.55

$0.00

N/A

$0.00

n/a

$0.00

Jacksonville

$19.00

$1.20

$1.20

$19.00

$0.80

$19.00

$1.75

Kansas City, KS

$2.45

$2.20

$2.45

N/A

N/A

$2.45

$2.45

Kansas City, MO

$9.50

$2.45

$2.45

$6.00

$1.20

$6.00

$1.60

Knoxville

$24.00

$1.80

$1.80

$24.00

$1.30

$24.00

$2.50

Lansing/Traverse City

$8.50

$3.00

$0.00

$2.00

$1.00

$2.00

$1.50

Little Rock

$14.00

$2.30

$2.30

$0.00

$0.00

$0.00

$1.60

Memphis

$24.00

$1.80

$1.80

$24.00

$1.30

$24.00

$2.50

Miami

$19.00

$1.20

$1.20

$19.00

$0.80

$19.00

$1.75

Milwaukee

$17.00

$3.00

$3.00

$17.00

$1.50

$17.00

$2.75

Minneapolis

$10.00

$6.00

$1.50

$18.00

$1.15

$18.00

$2.45

Nashville

 

$24.00

$1.62

$0.00

$24.00

$1.95

$24.00

$3.75

New Hampshire

$12.00

$1.48

$0.00

$12.00

$1.48

$14.00

$2.97

New Orleans

$24.00

$1.62

$1.15

$24.00

$1.95

$24.00

$3.75

New York City

$35.90

$1.85

$1.85

$35.90

$1.90

$35.90

$1.90

Newark

$10.00

$1.04

$1.04

$10.00

$1.40

$10.00

$1.40

Oklahoma City/Tulsa

$18.00

$10.00

$1.75

$7.25

$1.40

$7.25

$7.25

Orlando– BellSouth

$19.00

$1.20

$1.20

$19.00

$0.80

$19.00

$1.75

Orlando– Sprint

$6.00

$1.25

$1.25

$6.00

$1.00

$6.00

$2.35

Philadelphia/Pittsburgh

$15.00

$2.05

N/A

$15.00

$1.25

$15.00

$1.75

Phoenix/Tucson

$22.00

$2.50

$2.50

$22.00

$1.45

$22.00

$1.80

Portland, ME

$21.00

$2.55

$2.55

$21.00

$1.45

$21.00

$2.90

Portland, OR– GTE

$10.00

$1.50

n/a

$5.00

$1.25

$5.00

$1.25

Portland, OR– North/USW

$6.50

$1.00

$1.00

$6.50

$0.50

$6.50

$0.75

Portland, OR– USW

$10.00

$1.85

N/A

$5.00

$0.50

$5.00

$0.75

Providence

$12.32

$2.91

$2.91

$12.32

$1.84

$12.32

$2.91

Raleigh

$19.00

$1.15

$1.15

$19.00

$0.75

$19.00

$1.70

Reno

$0.00

$1.10

$1.10

$0.00

$0.95

$0.00

$0.95

Rochester

$17.83

$1.12

$1.12

$17.83

$1.14

$17.83

$1.14

Salt Lake City

$10.00

$2.10

$0.00

$18.00

$0.97

$18.00

$1.95

San Antonio/Fort Worth

$0.00

$1.45

$1.50

$0.00

$0.90

$0.00

$1.10

Seattle– GTE

$6.50

$2.21

$2.21

$6.50

$2.21

$6.50

$2.21

Seattle– U.S. West

$6.50

$1.00

$1.00

$6.50

$0.50

$6.50

$0.75

Shreveport

$24.00

$2.30

$2.30

$24.00

$0.00

$24.00

$1.60

Springfield, MA

N/A

$1.73

N/A

N/A

$1.13

N/A

$1.90

Springfield, MO

$9.50

$2.45

$2.45

$6.00

$1.20

$6.00

$1.60

St. Louis

$9.50

$2.45

$2.45

$6.00

$1.20

$6.00

$1.60

Stamford

N/A

$1.65

$1.65

N/A

$2.00

N/A

$3.35

Tampa

$14.00

$2.00

$2.00

$14.00

$2.00

$14.00

$2.00

Virginia (Northern)

$0.00

$1.42

$1.42

$0.00

$1.06

$0.00

$1.71

Washington, DC

$0.00

$1.50

$1.50

$21.60

$0.43

$21.06

$0.81

 

H.           Except for new service features, service options or service promotions, which will become effective immediately upon their posting in the Guide on the Company’s website, any modification made to the Guide will become effective beginning on the first day of the next calendar month following its posting on the Company’s website or thereafter, on the first day of the next Service billing cycle whenever adjustments are made to rates and charges, provided that no modification shall become effective and binding on Customer until it has been posted in the Guide for at least fifteen (15) calendar days.  The Company reserves the right to modify the rates and charges for the Service and to modify or eliminate Service offerings or features.  Such modifications will become effective and binding upon Customer after such modifications have been posted in the Guide for at least fifteen (15) calendar days.  If the Company notifies Customer of the elimination of a Service offering or feature or of an increase in Service charges or rates, Customer may terminate this Service Attachment without incurring a cancellation or early termination charge by providing the Company with written notice of termination within fifteen (15) days of Customer’s receipt of the Company’s notice regarding such change in Service offerings, features, rates and/or charges.  Customer’s termination under this section will be effective sixty (60) days from the date the Company receives such notice.  If Customer does not provide the Company with a notice of termination within the permitted time period, Customer will be deemed to have accepted the changed price, rate, feature or offering.  The contractual relationship between the Company and Customer for the provision of Enterprise Connection Service shall be governed by the following order of precedence: (a) provisions in this Agreement that expressly apply in lieu of, or that apply in addition to, provisions contained in the Guide and (b) provisions contained in the Guide. The Company may substitute facilities or equipment used to furnish the Service, substitute comparable service, or discontinue the Service, at any time.

 

I.          Customer Support Services charges apply.

 

V.            TERMS AND CONDITIONS

 

A.           CONDITIONS OF PROVIDING EMERGENCY 911 SERVICE.  Customer is responsible for complying with all applicable emergency calling service laws.  The ability to access an appropriate PSAP with the Service depends on the type, configuration and location of the phone used. Customer has the option of using three different “types” of phones (a) a SIP phone provisioned and used in a fixed, identified location (a “Fixed” SIP phone), (b) a SIP phone provisioned as “Mobile” – i.e., subject to being used in more than one location, and (c) a traditional non-SIP phone provisioned and used in a fixed, identified location.  In all cases, the Service cannot support the delivery of the caller’s station level phone number and specific station location.  Furthermore, much like access to Emergency 911 Service via traditional PSTN local service, access to a PSAP will be unavailable if Customer’s access circuits or local gateway fails.  Customer will notify all end-users of the Service that 911 access to an appropriate PSAP is not available using a Mobile SIP phone and that 911 access to a PSAP is limited as described in this section when using a Fixed SIP phone or a traditional, non-SIP phone.

B.            

1.      Mobile SIP Phones.  Because the location of a Mobile SIP phone user cannot reliably be determined from its billing phone number[1] (which is how 911 calls ordinarily are routed to the appropriate local PSAP), 911 calls from a Mobile SIP phone cannot be routed to the appropriate PSAP.  As a result, when 911 is dialed on a Mobile SIP phone, the call will be blocked.

 

2.      Fixed SIP Phones.  When 911 is dialed on a Fixed SIP phone, the call will be routed to the appropriate PSAP based on the billing telephone number assigned to the Fixed SIP phone.  If moved to a new fixed location, a Fixed SIP phone may need to be reconfigured in order for a 911 call to be routed to the appropriate PSAP.

 

3.      Traditional Non-SIP Phones (Standard Phones).  When 911 is dialed on a traditional, non-SIP (i.e., standard) phone used with the Service, the call will be routed to the appropriate PSAP based on the billing telephone number assigned to the phone.

 

B.      DISCLAIMER OF CERTAIN DAMAGES WITH RESPECT TO EMERGENCY 911 SERVICE

                 

1.      911 SERVICE IS OFFERED SOLELY AS AN AID IN CONTACTING AN APPROPRIATE PSAP IN CONNECTION WITH FIRE, POLICE AND OTHER EMERGENCIES. THE COMPANY IS NOT RESPONSBLE FOR ANY LOSSES, CLAIMS, DEMANDS, SUITS OR ANY LIABILITY WHATSOEVER, WHETHER SUFFERED, MADE, INSTITUTED OR ASSERTED BY CUSTOMER OR BY ANY OTHER PARTY OR PERSON FOR ANY PERSONAL INJURY TO OR DEATH OF ANY PERSON OR PERSONS, AND FOR ANY LOSS, DAMAGE OR DESTRUCTION OF ANY PROPERTY, WHETHER OWNED BY CUSTOMER OR OTHERS, CAUSED OR CLAIMED TO HAVE BEEN CAUSED BY: (1) MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR OTHER DEFECTS IN THE PROVISION OF EMERGENCY 911 SERVICE, OR (2) INSTALLATION, OPERTAION, FAILURE TO OPERATE, MAINTENANCE, REMOVAL, PRESENCE, CONDITION, LOCATION OR USE OF ANY EQUIPMENT AND FACILITIES FURNISHING THIS SERVICE.

 

2.      THE COMPANY ALSO IS NOT RESPONSIBLE FOR ANY INFRINGEMENT OR INVASION OF THE RIGHT OF PRIVACY OF ANY PERSON OR PERSONS, CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INSTALLATION, OPERATION, FAILURE TO OPERATE, MAINTENANCE, REMOVAL, PRESENCE, CONDITION, OCCASION OR USE OF EMERGENCY 911 SERVICE AND THE EQUIPMENT ASSOCIATED THEREWITH, OR BY ANY SERVICES FURNISHED BY THE COMPANY INCLUDING, BUT NOT LIMITED TO, THE IDENTIFICATION OF THE TELEPHONE NUMBER, ADDRESS OR NAME ASSOCIATED WITH THE PHONE USED BY THE PARTY OR PARTIES ACCESSING EMERGENCY 911 SERVICE, AND WHICH ARISE OUT OF THE NEGLIGENCE OR OTHER WRONGFUL ACT OF THE COMPANY,  CUSTOMER, ITS USERS, AGENCIES OR MUNICIPALITIES, OR THE EMPLOYEES OR AGENTS OF ANY ONE OF THEM.

 

C.     Service Availability/Disclaimer.

 

1.      Service Availability. Customer’s eligibility for Enterprise Connection Service is contingent upon receiving satisfactory results of an application analysis conducted by the Company.  In addition, to receive Enterprise Connection Service, Customer’s Local Area Network (LAN) environment must be 10 to 100 MB switched ethernet; Customer’s LAN and/or Wide Area Network (WAN) must have adequate bandwidth, including Committed Information Rates (CIR), ports and access circuits, to support the minimum amount of concurrent voice and data traffic ordered by Customer; measurements of Customer’s WAN must indicate that the latency between calling sites does not exceed the maximum Company requirements; and Customer’s voice traffic must be given priority over Customer’s data traffic. If Customer uses a firewall, the firewall must support Session Initiation Protocol (SIP) or public addresses that can be allowed through Customer’s firewall via pin-holes to the Service.  The Service requires SIP Signaling at Port 5060 and Real Time Transport Protocol (RTP) Traffic Port ranges greater than 1023 in order to traverse Customer’s firewall. Any SIP Phone and/or gateway used by Customer must be compatible with the Service as determined by the Company. Enterprise Connection Service is not available to Company Dedicated Internet Managed CPE Customers.

 

2.      Disclaimer.  The Service relies on Customer’s DNS server and will not be available if Customer’s DNS server fails.  Customer is responsible for maintaining the quality and condition of its LAN, and thus, the Company is not responsible for poor quality or outages of the Service that result from the quality or condition of Customer’s LAN.  The Company reserves the right to reject any order for Services for any reason, including without limitation the inability or impracticality of providing such Service in a particular geographic area in which the Company does not have sufficient presence, capacity, corporate infrastructure or network technical infrastructure to effectively support the requested Service.

 

3.      Service Availability/Disclaimer specific to Enterprise Connection Line-based Service.

 

3.1    In addition to satisfying the service availability conditions set forth in Section V., Heading C, Enterprise Connection Line-based Service is subject to the following availability conditions:  Customer’s site must be in a geographical area in the United States where Enterprise Connection Line-based service is available; the Service is not available at Customer sites using a PBX; all conditions associated with the applicable Transport Service(s) must be satisfied.

3.2        The following disclaimers apply to Enterprise Connection Line-based Service in addition to those set forth in Section V., Heading C:  Customer understands that use of the Line-based Service is restricted in the following manner: (i) For each Customer location, only one (1) T-1 line may be utilized; (ii) At any given time, Customer may only place as many concurrent calls as it has purchased individual lines; (iii) Customer may not modify the Company installed design and/or configuration without the previous written consent of the Company; (iv) Customer may not utilize auto-dialers or any similar type of device in connection with the Service; and (v) Customer may not utilize the Service in any call center environment or in connection with any similar such application.  CUSTOMER EXPRESSLY ACKNOWLEDGES THAT ANY VIOLATION OF THE FOREGOING RESTRICTIONS ON ITS USE OF THE SERVICE WILL RESULT IN THE IMMEDIATE TERMINATION OF THE SERVICE BY THE COMPANY.  The Company will install the Line-based Service from the point of the local exchange carrier’s smart-jack to Customer’s premises.

D.        SERVICE EQUIPMENT

 

1.         Provision of Service Equipment.

 

2.         Maintenance of Service Equipment.

 

3.         Return of Service Equipment.

 

E.         Customer Obligations.

 

In addition to the other obligations of Customer contained within Customer’s Agreement, as supplemented by this Guide, Customer will be responsible for the following obligations:

 

1.      Customer-Obtained Facilities.  Except as otherwise expressly stated herein, Customer is responsible for obtaining, installing, and maintaining all equipment (including, but not limited to, SIP Phones and Cisco gateways), software, wiring, power sources, telephone connections and/or communications services necessary for inter-connection with the Company’s network or otherwise for use in conjunction with the Service (“Facilities”).  Customer is responsible for ensuring that such Facilities are compatible with the Company’s requirements and that they continue to be compatible with subsequent revision levels of Company-provided equipment, software and services.  The Company is not responsible for the availability, capacity and/or condition of any Facilities not provided by the Company.  Customer may purchase equipment necessary for use of the Service from the Company under the terms of a separate agreement.

 

2.      Security.  Customer shall, at its own expense, take all reasonable physical and information systems security measures necessary to protect all equipment, software, data and systems located on Customer’s premises or otherwise in Customer’s control and used in connection with the Service, whether owned by Customer, the Company, or the Company’s subcontractors.  Customer acknowledges and agrees that the Company is not liable, either in contract or in tort, for any loss resulting from any unauthorized access to or alteration of, theft, destruction, corruption, or use of, Facilities used in connection with the Service.

 

3.      Customer Sites.  Customer agrees to provide the Company and its subcontractors and their respective employees and agents access to Customer's sites where any Service is provided (including access to associated equipment) as necessary for the Company and its subcontractors to provide the Service.

 

4.      Customer must provide the Company and/or its subcontractor(s) with any and all information, which is necessary to provide the Service.

 

5.      Customer shall allow, authorize and cooperate with the Company and/or its subcontractor(s) to perform the following, whether or not on Customer’s premises, (i) a site survey and network analysis to determine whether Customer’s network and facilities will support the provision of the Service, (ii) pre-service testing, on local service facilities, including, but not limited to, verification of features, functions, and services ordered by Customer, and (iii) any other testing involving the provision of the Service, including, but not limited to, post-installation testing.

 

F.      Content Disclaimer.  Customer understands that use of the Service may involve access to the Internet, including information and services provided thereon.  The Company specifically denies any responsibility for the accuracy or quality of data, information, images, audio and video (collectively, “Content”) obtained on the Internet and/or through the Company network, Customer equipment, Service Equipment, or the Service.  Customer assumes total risk and responsibility for any and all access to the Internet or use, alteration or transport of any Content or information there from or otherwise obtained via, or provided by, the Company network, Customer equipment, Service Equipment, or the Service.

 

G.     Acceptable Use.  Use of the Company network, Service Equipment, or the Service must comply with the then-current version of the Company Acceptable Use Policy (“Policy”) of the countries from which Customer uses the Service (and in the event no Policy exists for a country, the U.S. Policy shall apply).  The applicable Policy shall be available at www.MCI.com/terms or other URL designated by the Company.  Customer is responsible to insure that each user of the Service adheres to the Policy.  The Company reserves the right to change the Policy from time to time, effective upon posting of the revised Policy at the URL or other notice to Customer.  The Company reserves the right to suspend or terminate the Service effective upon notice for a violation of the Policy.

 

H.      Domain Names and Internet Protocol Numbers.  Customer warrants that any domain name registered or administered on its behalf will not violate the trademark or other intellectual property rights of any third party and that Customer will comply with the rules and procedures of the applicable domain name registries, registrars, or other authorities.  Customer irrevocably waives any claims against the Company that may arise from the acts or omissions of domain name registries, registrars or other authorities.  Any Internet Protocol numbers (“IP Numbers”) assigned to Customer by the Company in connection with a Service shall be used only in connection with that Service.  In the event Customer discontinues use of a Service for any reason, or any related Company agreement is terminated for any reason, Customer’s right to use the IP Numbers shall terminate and the IP Numbers shall immediately be returned to the Company.  The Company reserves the right to suspend the applicable Service upon written notice for any violation of this Section.

 

I.       Customer Data and Privacy.  Customer (a) acknowledges that the Company, its affiliates and agents will, by virtue of the provision of Services, come into possession of information and data regarding Customer, its employees and authorized users of Customer.  This information and data ("Customer Data") shall include, but not be limited to, data transmissions (including the originating and destination numbers and IP addresses, date, time and duration of voice or data transmissions, and other data necessary for the establishment, billing or maintenance of the transmission), data containing personal and/or private information of Customer, its employees or authorized users of the Services, and other data provided to or obtained by the Company, its affiliates and agents in connection with the provision of Services under Customer’s Agreement, as supplemented by this Guide; (b) acknowledges and agrees that the Company and its affiliates and agents, may use, process and/or transfer Customer Data (including intra-group transfers and transfers to entities in countries that do not provide statutory protections for personal information): (i) in connection with provisioning of Services; (ii) to incorporate the Customer Data into databases controlled by the Company and its affiliates for the administration, provisioning, billing and reconciliation, verification of Customer identity and solvency, maintenance, support and product development, fraud detection and prevention, sales, revenue and customer analysis and reporting, and market and customer use analysis; and (ii) to communicate to Customer about products and services of the Company and its affiliates by voice, letter, fax, or E-mail.  Customer may withdraw consent for such communications (or any use, transfer or processing of Customer Data except for that required to provision, administer, bill or account for the Services) by sending written notice to the Company;  (c) warrants that it has obtained and will obtain all legally required consents and permissions from relevant parties (including subjects of Customer Data) for the use, processing and transfer of Customer Data as described in this Section.

 

J.      Use of Facilities and Equipment.  Not withstanding anything herein to the contrary, the Company’s obligation is to furnish the Service consisting of facilities and equipment that are exclusively of the Company’s choosing. The Company may substitute facilities or equipment used to furnish the Service, substitute comparable service, or discontinue the Service, at any time.

 

 

K.      SCHEDULE G-1: Managed Implementation of Enterprise Connection Trunk-Based Service.

 

Unless Customer selects to have the Company provide Managed Services for the Enterprise Connection trunk-based Service, the Company will perform the following design and implementation of Customer’s Enterprise Connection Trunk-based network.  Upon Customer’s acceptance of the implementation of Enterprise Connection by the Company, Customer will be fully responsible for any maintenance and management of Customer’s network.  Customer may enter into separate agreements with the Company for such services.

 

1.      Customer Network Design.  The Company will provide a Customer Design Document based on a written Statement of Requirements (“SOR”) agreed to by Customer.  Customer Design Document will describe the “Customer’s Network,” including:

 

·    Network Physical & Logical Topology

·    Hardware & Software Configuration Details

·    Route Discovery Protocols (if applicable)

·    Application-specific Protocols

·    Redundancy Features (if applicable)

·    IP Addressing Scheme

 

The Company will activate Customer’s Network in conformance with Customer Design Document.  The Company will provide additional design consultation for subsequent network changes not described or included in the network information document -- such as an increase to the number of routers in Customer’s Network or the addition of an application-specific protocol -- at an additional charge to Customer.  The Company will provide such additional design and consulting services on a per-project basis in accordance with a separate Statement of Work (“SOW”) that contains appropriate terms, conditions, rates, and charges agreed upon by the parties.

 

2.      Service Implementation and Activation.  The Company will implement and activate Customer’s Network based on the SOR. Under guidance from Customer, the Company, its agents and subcontractors will complete the physical and logical activation of the routers into the Company Enterprise Connection network.  During implementation, the Company may request that Customer provide temporary out of band access to Customer’s router for trouble shooting or configuration purposes.   Should temporary out of band access not be provided to the Company, the Company may work with Customer via e-mail or the telephone for trouble shooting or configuration purposes.  Should temporary out of band access not be provided to the Company and work cannot be accomplished via e-mail or the telephone, then Customer will be required to call on their equipment vendor to work with the Company or an on-site Company technician can be provided to Customer at an additional charge.

 

2.1    The Company will project manage and conduct the following activities prior to turn-up of Customer’s Enterprise Connection service:

                       

·   Coordinate site surveys

·   Coordinate and schedule dispatch, installation, and turn up of circuits and CPE

·   Test access circuits/DSU/CSU

·   Enable data ports

·   Ping Customer router at time of activation

 

2.2    The Company will conduct the following activities upon turn-up of Customer’s Enterprise Connection service:

 

·   Review Customer Design Document

·   Provide Enterprise Connection-specific router configurations that meet the requirements of Customer Design Document

·   Integrate router into production network

·   Tune post-implementation router configuration for up to 10 days following activation

·   Verify operation of Enterprise Connection Network to include operation of SIP Phones

 

2.3    Assist in activation of Enterprise Gateway Port

 

3.      Voice Quality Evaluation / Benchmark Testing.  Prior to presenting Enterprise Connection Service to Customer for acceptance, the Company will perform a voice quality test of Customer's application with the intention of benchmarking Customer's voice quality.  This test is designed to detect potentially troublesome combinations of round trip latency, loss, and jitter that can ultimately impact voice quality.  The test consists of a continuous 10 ms stream of time-stamped sequenced data (pings) conducted in the presence of Customer's data traffic to ensure that voice and data traffic coexist with acceptable voice quality.  Following satisfactory results of the voice quality test, the Company will proceed with the handoff of the Enterprise Connection Service to Customer for management, as described in Section IV below.

 

Should the Company deem the results of the voice quality test unsatisfactory, the application will be analyzed for possible changes within the Company network and/or recommendations for changes within Customer Network. Customer will be given a reasonable amount of time to make any recommended changes within Customer Network.  The handoff of the Service to Customer will not occur until the test is deemed a "Pass" by the Company.  Should voice quality not improve to the Company’s satisfaction upon utilizing the standard methods of improvements within the Company network and/or application of the recommended changes within Customer's network, the Company reserves the right to withdraw the Enterprise Connection Service.  If Customer refuses to make the recommended changes within its network and voice quality is deemed unsatisfactory, the Company reserves the right to withdraw the Enterprise Connection Service and Customer will remain responsible for any charges associated with the purchase of any equipment for use with Enterprise Connection Service pursuant to the terms of the relevant agreement for the purchase of the equipment.

 

4.      Customer Acceptance of Enterprise Connection network implemented by the Company.  After completion of the implementation of Customer’s network and the voice quality testing, the Company will provide notice to Customer that all implementation activities have been completed and will conduct a formal hand-off call with Customer and appropriate Company organizations to review Customer Network Design and Trouble Management procedures. The Company will provide Customer a written document containing all information relative to Customer’s network design at the time implementation was completed and the service was handed-off to Customer for on-going maintenance and management.  Customer will provide the Company with notice within 72 hours if Customer believes the Company has not completed all implementation activities in accordance with the network information document or an SOW as described above.  If Customer does not provide such notice, the implementation activities will be deemed to be accepted by Customer.  Upon Customer’s acceptance of the implementation of Enterprise Connection Service, any maintenance or management of Customer’s network is the sole responsibility of Customer.

 

5.      Post-Implementation Trouble Management. Upon Customer’s acceptance of the implementation of Enterprise Connection Service, Customer will be fully responsible for any maintenance and management of Customer’s network.  Customer may enter into separate agreements with the Company for such services.  Should Customer require Company assistance in post-implementation trouble management, the Company is limited to assisting with the following activities, pursuant to Customer’s Agreement, as supplemented by the respective section of this Guide:

 

5.1    Clear any troubles within the Company network up to the point of demarcation between Customer site and the Company network.  In order to clear troubles up to the point of demarcation, the Company may request Customer make available to the Company the router vendor or a qualified Customer employee for the purpose of trace route testing.  Should Customer have ISDN PRI Service from the Company to interoperate with their Enterprise Connection Service, the vendor or a qualified Customer employee who has technical expertise to include knowledge of ISDN D channels, ISDN layers 1, 2 and 3, ISDN circuit configurations on Customer’s Gateway Router and advanced telephony principals must be provided.

 

5.2    Provide Customer with additional copies of the original router configuration at the time implementation was completed and the service handed off to Customer for on-going maintenance and management.  In this scenario, the Company may request that Customer provide temporary out of band access to Customer’s router for the purposes of trouble shooting and/or restoring router configuration to its original state at the time implementation was completed and the service was handed-off to Customer for on-going maintenance and management.  Should temporary out of band access not be provided to the Company, the Company may work with Customer via e-mail or the telephone for trouble shooting or configuration purposes.   Should temporary out of band access not be provided to the Company and work cannot be accomplished via e-mail or the telephone, then Customer will be required to call on their equipment vendor to work with the Company or an on-site Company technician can be provided to Customer at an additional charge.

 

 

L.      SCHEDLE G-2: Premium Managed Services, Including Management of Enterprise Connection Trunk-Based Service

 

At Customer’s election, the Company will provide the Managed Services described in this Schedule G-2.

 

1.      Company Service Provisioning

 

1.1    Managed Services; Scope.  Under this Schedule, the Company will design Customer’s network for data services using a frame relay or ATM network and for voice services using internet protocol (IP), and monitor and manage specified Customer Premise Equipment (“CPE”) comprising Customer’s data network (the “Managed Services”). The Company and Customer together will create a Customer Information Manual (the “Manual”), which will describe mutually agreed-upon CPE for which the Company will provide the Managed Services.  The Company’s Managed Services Network Operations Center (the “NOC”) will maintain the Manual, which may be amended by the parties’ mutual written agreement.  The Company will provide the Managed Services itself or through its agents and subcontractors on a commercially reasonable basis as described in Exhibit 1 for the Term of Customer’s Agreement.

 

1.2    Exclusivity.  Customer grants the Company or its agents or subcontractors the exclusive right to provide Managed Services for its frame relay or ATM network and packetized voice services during the Term of Customer’s Agreement.

 

2.      Customer Responsibilities.  Customer will do the following:

 

2.1    Reporting.  Customer will report detected CPE failures and provide information to the Company, its subcontractors or its designated point of contact (“the Company or its Designees”) that is necessary or useful for the Company to perform its obligations, including any information the Company or its Designees specifically request.

 

2.2    Access.  Customer will provide the Company or its Designees with access to Customer facilities, installation sites, and equipment as necessary or useful for the Company to perform its obligations hereunder, including but not limited to access to the CPE and spare parts supplied by Customer.

 

2.3    Licenses.  Customer will obtain any necessary permits, licenses, variances, and/or other authorizations required by state and local jurisdictions for installation and operation of the CPE.

 

2.4    Building Space.  Customer will provide adequate building space, circuitry, temperature, humidity, and power to comply with the standards established by the Company or the manufacturer of the CPE for proper installation and operation.

 

2.5    Back-Up Files.  Customer will ensure that its electronic files are adequately duplicated and documented at all times.  Neither the Company nor its Designees is responsible or liable for Customer’s failure to duplicate or document files or for data or files lost during the performance of Managed Services.

 

2.6    Analog Line.  Customer will provide a dedicated analog line for all CPE on which the Company performs Managed Services under this Attachment.  Customer will maintain each analog line in good working condition at all times during the Term.

 

2.7    Uninterrupted Power Supply.  Customer will provide a UPS device for all CPE receiving Managed Services under this Attachment.  Customer will maintain each UPS device in good working condition at all times during the Term.

 

2.8    Customer-Obtained Equipment, Managed Services, and Interconnections.  Unless otherwise specified in the Guide (or another Company agreement), Customer will be responsible for obtaining, installing, inter-connecting, and maintaining all equipment, software, wiring, power sources, telephone connections and/or communications services necessary for inter-connection with the Company’s network or otherwise for use in conjunction with the Managed Services (“Facilities”).  Customer is solely responsible for ensuring that these Facilities are compatible with the Company’s requirements and that they continue to be compatible with subsequent revision levels of Company -provided equipment, software and services. The Company is not responsible for the availability, capacity, and/or condition of any facilities that the Company does not provide.

 

3.      Limited Warranty

 

3.1   Performance.  The Company will perform the Managed Services according to the terms and conditions in this section of the Guide unless (a) events or circumstances beyond the control of the Company or its agents or subcontractors preclude performance, including without limitation those events described in Section 16(f) of the Enterprise Connection Service Addendum, or (b) Customer breaches any term or condition of this Managed Services section or portion of the Guide.

 

3.2   DISCLAIMER.  OTHER THAN AS EXPRESSLY STATED IN THIS MANAGED SERVICES SECTION OR PORTION OF THE GUIDE, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO ANY COMPANY SERVICES, RELATED PRODUCTS, SOFTWARE, OR DOCUMENTATION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.

 

4.      REPORTS; PROPERTY OF THE OMPANY.  When Customer’s Agreement expires or is terminated, Customer will return all copies of any reports, recommendations, documentation, or other materials in any media form provided to Customer by the Company hereunder.  The Company will own and retain all right and title to any ideas, designs, and other intellectual property, whether copyrightable or patentable or not, contained in those materials.

 

5.      INDEPENDENT CONTRACTOR STATUS.  The Company is an independent contractor to Customer in the performance of this Managed Services Schedule.  Nothing contained in this Managed Services Schedule creates a partnership, joint venture or fiduciary relationship between the Company and Customer.

 

M.     EXHIBIT 1 TO SCHEDULE G-2: DESIGN, MANAGEMENT, AND MONITORING SERVICE DESCRIPTION FOR DOMESTIC ROUTERS

 

The services described in this Schedule 1 are available only in locations where the Company provides frame relay or ATM services.

 

1       Design Services.

 

1.1    Customer Network Design.  The Company will provide a Network Design Consultant who will create a Customer Network Design Document (“CDD”) based on a written Statement of Requirements agreed to by Customer.  The CDD will describe the “Customer’s Network,” including:

 

1.1.1    Network Physical & Logical Topology;

 

1.1.2    Hardware & Software Configuration Details;

 

1.1.3    Route Discovery Protocols;

 

1.1.4    Application-specific Protocols;

 

1.1.5    Redundancy Features; and

 

1.1.6    IP Addressing Scheme.

 

            The Company will activate, monitor, and manage Customer’s Network in conformance with the CDD. The Company will provide additional design consultation for subsequent network changes not described or included in the CDD -- such as an increase to the number of routers in Customer’s Network or the addition of an application-specific protocol -- at an additional charge to Customer.  The Company will provide such additional design and consulting services on a per-project basis in accordance with a separate Statement Of Work (“SOW”) that contains appropriate terms, conditions, rates, and charges agreed upon by the parties.

 

1.2    Router Activation.  The Company will prepare the Company platform used to monitor Customer’s Network and activate the routers to be managed.  Under guidance from Customer, the Company, its agents and subcontractors will complete the physical and logical activation of the routers into the network management platform.

 

1.2.1    The Company will conduct the following activities prior to turn-up on the network management platform:

·                     Coordinate and schedule installations

·                     Coordinate site surveys

·                     Test analog lines

·                     Test access circuits/DSU/CSU

·                     Build management PVCs

·                     Enable frame relay or ATM gateway ports

·                     Configure management modems (as necessary)

·                     Ping Customer router at time of activation

 

1.2.2    The Company will conduct the following activities upon router turn-up:

·         Review CDD

·         Provide router configurations that meet the requirements of the CDD

·         Integrate router into production network

·         Configure router for network management

·         Provision router onto network management platform

·         Tune post-implementation router configuration for up to 48 hours following activation

 

2.         Monitoring And Management.

 

2.1    Availability.  The Company provides monitoring and management services for CPE that utilize Company virtual data networking products for the charges set forth in this Guide.  Services are performed by the NOC.  The NOC provides 24 hours per day, seven days per week support coverage for monitoring and management capabilities.

 

2.2    Description.  The services in this Section 1.2 are based on the International Standards Organization (ISO) Management Framework and include Company fault management of Customer supplied or acquired equipment, configuration management, and security management.

 

2.2.1       Fault Management.  Fault Management Services include:

 

·   24x7 proactive router interface monitoring via SNMP (Simple Network Management Protocol) link down alarms or missed ICMP polls.

·   Proactive notification to Customer of a router interface outage within 30 minutes of a “Network Outage.”  A Network Outage is defined as an unscheduled period in which the service is interrupted and not usable, measured by UAS (Unavailable Seconds) as defined in American National Standards Institute (ANSI) T1.231.

·   Restoration of router interface to normal operating condition if cause of outage is a software failure. If the IOS level is not stable, Customer will be moved to a Company recommended IOS solution.

·   Notification to maintenance provider if cause of outage is hardware failure.

 

2.2.2    Configuration Management.  Configuration Management Services include:

 

·         Router Table Management

·         Router Software Version Control/Upgrades

·         Application Protocol Adds/Changes/Deletes

·         Routing Protocol Adds/Changes/Deletes

·         Change to Static Route

·         Default Gateway Change

·         Changes to Router Memory Buffer size

·         Change Protocol Prioritization

·         Change Encapsulation Type

·         Emergency Changes to restore interface functionality

 

2.2.3    Security Management.  Security Management Services include:

 

·         Alpha-Numeric Password Definition

·         Password Encryption

·         Password Control

 

3          Network Health™ Performance Reporting.

 

            The Company provides Network Health™ Performance Reporting services at no additional charge to Customer and applies to both Customer's frame relay or ATM service network and Service elements.  Network Health™ Performance Reporting is an automated reporting and analysis tool that selects and condenses the vast amount of Management Information Base (“MIB”) data into graphical reports for the network administrator.  Routers are polled for their MIB data, which is then collected and stored in a relational database.  A series of reports are updated each time the router MIB data is pulled.  These reports will be distributed via an Internet web site and can be viewed with any standard web browser.  The reports are:

 

3.1       Network Congestion Report.  A graphical display of the volume of traffic running over the network for a selected period of time.  The report can be customized by the user to view any level of detail the viewer desires.

 

3.2       Volume Leaders Report.  A report that ranks the nodes from top to bottom in terms of network volume.  Report also compares traffic volume for a selected date to the baseline volume for that node.

 

3.3       Health Index Leaders Report.  A report that ranks the nodes from top to bottom in terms of Network health™. Network health™ is a function of the congestion and packet error rate.

 

3.4       Daily Volume versus Threshold Report.  This report compares a graphical display of the bandwidth used by a node for a selected date versus the threshold bandwidth used by that node.  The user can select the time frame used to determine the threshold.  The report will show dates and times when bandwidth usage exceeded average thresholds for a particular node.

 

3.5.      Bandwidth Utilization Report. A graphical display of the percentage of bandwidth used by a node for a selected date.

 

3.6       Monthly Exception Report.  The Company will provide Customer, via a webpage interface, a report that details PVC, DLCI, and Router CPU utilization exceptions to baseline trends.  Exceptions to trends include dropped packets, packet volumes, retransmitted packets, packet errors, and CPU utilization percentages.

 

3.7       Automated Analysis.  The Company will provide web-based exception reports, highlighting the cause of the exception and proposed remedy to avoid recurrence.

 

3.8       On-Line Support.  The Company will provide a point of contact to answer Customer questions about the exception report format.  Customer may obtain report content analysis via Life Cycle Performance Manager (“LCPM”) for an additional charge under separate agreement.

 

N.      DESIGN, MANAGEMENT, AND MONITORING SERVICES PROJECT ENGINEER.

 

The Company will provide Customer a Project Engineer (PE) who will provide the following services:

 

1.     Perform and verify network acceptance into Company operations and develop operational processes and procedures

 

2.     Change/configuration management point of contact in Company operations

 

3.     Account team liaison and primary point of contact for all non-service impacting issues

 

4.     Test and report on ISDN-intrusive (quarterly) and non-intrusive (monthly)

 

5.     Test and report on out-of-band- PSTN access lines monthly

 

6.     Review chronic tickets and makes corrective action plan

 

7.     Provides Customer-specific network training of NOC first level engineers

 

8.     Performance Reporting Management:  The project engineer will ensure that SNMP-based reporting tools are updated to reflect implementations, changes, or deletions.

 

9.     The project engineer will update Customer network information document in “Enterprise Service Portal”

 

10.    The project engineer is not responsible for:

 

·         Network performance evaluation (i.e., making network design change recommendations by evaluating report data)

·         Day-to-day fault resolution process

 

0.      CIRCUIT VIEW SERVICE.   Circuit View is a real-time network performance monitoring and reporting service for Customers who install specified Customer Premise Equipment.  Circuit View Service will be based on a shared-host arrangement, based on Visual Network’s “Visual Up-Time” technology, unless otherwise specified. The Company and Customer together will create a Network Database, which will describe the specific network elements (location names, access circuit ID’s, and DLCI’s) that will be reflected in the network performance monitoring and reporting information made available to both the Company and Customer.  The Company’s Managed Services Global Network Operations Center (GNO) will maintain the host system and Customer database, which may be amended and updated by the parties’ mutual written agreement.  The Company will provide the Circuit View Service itself or through its agents and subcontractors on a commercially reasonable basis as described in this Schedule.

 

1.      Network Design and Implementation Services. The Company will perform the following one-time services for Customer:

 

1.1    Conduct kickoff conference call with Customer and account team to review the scope of the project and to delineate account team, Customer, and Company responsibilities.

 

1.2        Provision all management PVCs.

 

1.2.1    Provide Project Management, including Project Management for International Implementation where available.

1.2.2    Maintain an adequate database of assignable IP addresses, which will be respectively issued during implementation.

1.2.3    Treat Customer hardware adds and upgrades (i.e. replacing a 56kb device with a T1 device) as new installs.

 

1.2.4    Define and setup Customer domain and associated database.  Initial domain and database definition will be dependent on timely receipt of an accurate Database Worksheet from Customer and account team.

 

1.2.5    Work with Customer to define unique IP addressing to be assigned to the Customer-provided PAC workstation.

 

1.2.6    Administer the IP addressing and DLCI scheme.

 

1.2.7    Generate a password for Customer.

 

1.2.8    Provide Customers who manage their own network with IP address/DLCI/static route/username/password so that Customer can configure its router to enable PAC/PAM connectivity.

 

1.3    Configure the GNO router to enable PAC/PAM connectivity.

 

2.      Global Network Operations (GNO).  The Company will perform the following services:

 

2.1    Perform a daily data downloaded from all active ASEs.

 

2.2    Ensure Performance Archive Manager (“PAM”) and Customer databases are available to Customer 7x 24.

 

2.3    Maintain the PAM systems and Customer’s domain.  PAM system administration includes but is not limited to hardware and software upgrades, regular (weekly) data back-up, and development of preventative maintenance processes.

 

2.4    Provide a Help Desk to deliver account management assistance.  Account management support is defined as assisting users to log on and navigate the PAM and help customers who may have lost or changed their password.  The Help Desk will also work with Customer to change threshold parameters or utilize the Network Configuration toolset.  The Help Desk will be staffed from 8:00 a.m. to 8:00 p.m. Eastern Standard Time.

 

2.5    Make PAM domain database modifications as required to reflect Customer network changes.  Ongoing domain and database changes will be made dependent on timely receipt of an accurate Database Worksheet from Customer and account team.

 

2.6    Ensure that Customer’s historical data is retained on the PAM.

 

2.7    Provision software for Customer’s management PVC at up to (3) Customer locations in the United States.  Software for any additional management PVCs in the United States may be provided at additional cost to Customer.

 

3.      International Global Network Operations (GNO).   In those countries where International Circuit View service is available from the Company, the Company will perform the following services in addition to those services provided under Section 4.2 above:

 

3.1    Provision a dedicated multiplexed management PVC from Customer network to the shared PAM.

 

3.2    Provision software for Customer’s management PVC at Customer locations outside the United States, but if Customer requests this service, Customer agrees to pay additional cost for this software.



2 On-net calls are calls that both originate and terminate on Customer’s Enterprise Connection data network.

 

6 Customer’s monthly recurring charge for Line-based Service does not include the following charges related to Transport Service(s): (a) After hours installation fee of $500 for installation requested outside the hours of 8AM and 8PM ET Monday through Friday (excluding holidays); (b) $99 fee for missed installation appointments when a technician is dispatched and cannot complete an installation because Customer: (i) does not make the appointment; (ii) requests rescheduling or cancels upon arrival; or (iii) has not arranged for access to the telephone box or Network Interface Device (“NID”) and it is inaccessible -- to avoid the missed appointment fee, Customer must reschedule at least 2 business days before the scheduled appointment time; (c) Relocation of a DSL local loop connection to another qualified Customer location will result in a retermination fee of $500 and an additional installation process; and (d) any applicable network application fees.

[1] As used in herein, the term “billing telephone number” means the 10 digit North American Numbering Plan number assigned to one or more phones at a Customer location.