DEDICATED INTERNET ACCESS SERVICE SCHEDULE (DIA)

  1. Service Description. DIA is a dedicated IP transit service providing access to the NetDiverse IP network and the global Internet, available through Serial/POS and Ethernet interfaces. DIA Service is generally configured with a primary and no backup port.  Where DIA is purchased in connection with NetDiverse IP Voice Services, NetDiverse voice packets will be prioritized over other packets on the NetDIverse Network where possible, unless otherwise agreed. DIA services may not be resold to third parties without NetDiverse’s prior written consent.
  2. Managed Router Service (Option). Where Ordered by Customer, Internet Managed Router Service (“IMRS”) provides for Internet access Customer Premises Equipment (“CPE”) management by NetDiverse. Operational management responsibility, including management of the logical configuration of Customer provided CPE, is assigned solely to NetDiverse where IMRS is Ordered.
  3. Managed Firewall Service (Option). Where Ordered by Customer, Internet Managed Firewall Service (“IMFS”) provides for Internet access Customer Premises Equipment (“CPE”) management by NetDiverse. Operational management responsibility, including management of the logical configuration of Customer provided CPE, is assigned solely to NetDiverse where IMFS is Ordered.
  4. Charges. DIA Services are charged using one of the following billing options, as set forth in each Order.Fixed Rate Option. Customer is billed a non-recurring installation charge per port plus a fixed recurring charge per month.CDR/ACDR Option (where available). Customer is billed a non-recurring installation charge per port, a monthly recurring charge based on Customer’s Committed Data Rate plus monthly usage charges to the extent monthly usage exceeds Customer’s Committed Data Rate. “Committed Data Rate” means the number of Mbps per month committed to by Customer as stated in the Order. Per port usage of DIA (both send and receive traffic) will be sampled by NetDiverse every 5 minutes for the previous 5 minute period. At the end of each month, the top 5% of send and receive traffic samples will be discarded, and the higher of the resulting 95th percentile value for send or receive traffic for such port will be compared to the applicable Committed Data Rate. If the compared 95th percentile measurement is higher than the Committed Data Rate, Customer will be billed for its Committed Data Rate plus this 95th percentile measurement for any usage in excess of the Committed Data Rate. CDRs may be aggregated across multiple ports (an ACDR) as and if stated in the Order.
  1. IP Addresses and Domain Names. If NetDiverse assigns Customer an IP address, such IP address shall revert to NetDiverse upon expiration or termination of Service, and Customer shall cease using such address. If NetDiverse obtains a domain name for Customer, Customer will own such domain name, shall be responsible for: a) paying all fees relating thereto; b) complying with legal or other requirements imposed by the domain name registration authority; c) modifying the domain name if Customer changes service providers; and d) all third party claims including claims for intellectual property infringement) relating thereto, including where brought against NetDiverse.
  2. Service Levels. Availability. Standard DIA Service is unavailable if the port cannot send or receive traffic, except as the result of an Excused Outage. If credits are due under this Service Level, no other Service Level agreements apply to the same event. For purposes of these Service Levels, “E2E” means end to end, and includes the On-Net and Off-Net components of Services, taken together. If DIA Service is unavailable, Customer will be entitled to a service credit off of the port MRC for the affected DIA port based on the cumulative unavailability of the port in a given calendar month as set forth below:   Service unavailability is measured from the time a trouble ticket is opened until the service is available and passing traffic again.Standard E2E DIA Service:Cumulative Unavailability (in hrs:mins:secs)Service Level Credit00:00:01 – 00:20:00 No Credit

    00:20:01 – 00:60:00  1 Day Credit

    00:60:01+ 1 Day Credit per full hour of outage up to 50% of MRC total credits total per month.

    Packet Delivery and Delay. Packet delivery is measured as the average number of committed IP packets transiting the NetDiverse network that are delivered to the intended destination on the NetDiverse network. Delay is measured as the average one-way delay for traffic on the NetDiverse network between gateways. Measurements are over a calendar month, and may be obtained at. Delay objectives are 75ms Inter-US on the NetDiverse network. The packet delivery objective is 99.5%. If packet delivery or delay exceed these objectives except as the result of an Excused Outage, or best effort packets for bursting traffic, Customer will be entitled to a service credit off of the port MRC for the affected DIA port as set forth below:

    Delay Exceeding Objective Service Level Credit

    0.1 – 25 ms 10%

    25.1 – 45 ms 20%

    45.1 ms or greater 30%

    Packet Delivery Exceeding Objective Service Level Credit

    99 – 99.949% 10%

    96 – 98.99% 20%

    95.99% or less 30%

  1. Chronic Outage. As its sole remedy, Customer may elect to terminate an affected DIA Service prior to the end of the Service Term without termination liability if, for reasons other than an Excused Outage, such DIA Service is unavailable (as defined in Section 5 above) more than six (6) consecutive hours in three (3) consecutive calendar months, or for more than forty two (42) hours in aggregate in any calendar month. The termination right must be exercised within 30 days of the event giving rise to it.