COVAD
Master Reseller/Distri Telecomm, Inc.
Digital Subscriber Line Agreement
1. Definitions. As used herein: "Services" are services using digital
subscriber line
("DSL") technology to provide high-speed telecommunications data services
identified in the attached Price Schedule(s)(which may include business-grade
Business DSL and Business DSL Remote Services and consumer-grade Residential
DSL Services) to Customer's Internet and network access customers ("End
User"),
that Master Reseller/Distri makes available at its discretion; "End User
Circuit" is a
digital data telecommunications service that consists of one permanent virtual
circuit to an End User's premise utilizing DSL technology. An End User Circuit
provides upstream and downstream maximum throughput rates that range from
144Kbps up to 1.5Mbps (depending on what Customer orders for that End User).
Provision of an End User Circuit does not include any Internet access service;
"Customer Circuit" is a backhaul circuit between Master Reseller/Distri's
regional
data center or hub and Customer's point-of-presence in a particular region,
that is
generally required before Master Reseller/Distri can provide Services in that
region.
Customer must order a Customer Circuit from Master Reseller/Distri.
2. Provision of Services. Subject to payment of all applicable fees, Master
Reseller/Distri will use reasonable commercial efforts to supply the Services
that
Customer may order from time to time through the Web Site. All Services will
be
supplied in accordance with the Agreement, these Terms and Conditions, and the
then current standard Customer Policies. Customer shall purchase Services for
each
End User for an initial term of one (1) year, two (2) years, or three (3)
years ("End
User Term"), and shall maintain each Customer Circuit for a minimum one (1)
year
term ("Customer Term"), after which Master Reseller/Distri shall continue to
provide Services to such Customer on a monthly basis, subject to continuing
payment of applicable fees and Customer's compliance of terms and conditions
requested by Master Reseller/Distri. Master Reseller/Distri reserves the sole
and
exclusive right to determine the expansion of its service area, and the right
to
maintain, reconfigure, or discontinue any Service. Customer understands that
Master Reseller/Distri's performance is dependent in part on third party
actions,
including, without limitation, Customer and its End Users. Accordingly, any
performance to be rendered by Master Reseller/Distri hereunder shall be
appropriately waived or delayed to account for such actions or inactions.
Customer
shall provide Master Reseller/Distri with all information reasonably requested
(including, without limitation, information about each End User) in connection
with
each order placed.
3. Customer Circuits. Customer must order, and Master Reseller/Distri must
provide, a Customer Circuit before Master Reseller/Distri can supply any End
User
Circuits or Services through such Customer Circuit. All one-time fees ("One-
time
Fees") including all fees referred to as Non Recurring Fees will be due, and
all
monthly fees will start, for each Customer Circuit upon Master
Reseller/Distri's
notification to Customer that the Customer Circuit is complete.
4. End User Circuits. Customer must order, and Master Reseller/Distri must
successfully provide, an End User Circuit for each End User before Master
Reseller/Distri can supply any Services for that End User. Master
Reseller/Distri
and Customer agree that an End User Circuit shall be successfully provided if
the
maximum throughput of such End User Circuit is 80% of the ordered Service. If
Master Reseller/Distri is unable to successfully provide an End User Circuit
for the
ordered service, Master Reseller/Distri will offer the End User the maximum
available throughput rate and available Service. Master Reseller/Distri will
notify
Customer if End User declined the Circuit, or at what throughput rate the End
User
accepted the Circuit. All One-time Fees will be due, and all monthly fees will
start,
for each End User Circuit upon Master Reseller/Distri's notification to
customer of
successfully providing of such End User Circuit.
5. Equipment. Customer may choose to have Master Reseller/Distri supply and
configure the necessary equipment for an End User Circuit and Services at the
End
User premises. Customer is responsible for changes to any End User premise
equipment, software and configuration after Master Reseller/Distri completes
its
service setup. Master Reseller/Distri will xxxx any equipment charges to
Customer as
part of the One-time Fees for the End User Circuit. Master Reseller/Distri
shall
have no obligation or liability in connection with any equipment not purchased
through Master Reseller/Distri and configured by Master Reseller/Distri, or
for any
abuse or misuse of any equipment by any party other than Master
Reseller/Distri.
Master Reseller/Distri shall pass through to Customer, to the extent that
Master
Reseller/Distri is legally entitled to do so, any warranties from the
manufacturers of
equipment that Master Reseller/Distri installs at Customer's or an End User's
premises. Master Reseller/Distri shall have no obligation to repair or
maintain any
equipment, and Customer shall be responsible for seeking warranty and other
service directly from the manufacturer. However, Master Reseller/Distri may be
able to provide replacement End User premise equipment. If Customer purchases
End User premise equipment directly from Master Reseller/Distri, it can be
returned
to Master Reseller/Distri only if the equipment is in original working
condition and
in its original packing within thirty (30) days from Master Reseller/Distri's
original
shipment date. A 25% equipment handling and restocking charge will be charged
to
the Customer by Master Reseller/Distri. Customer should call Master
Reseller/Distri DSL Customer Service to receive a Return Materials
Authorization
(RMA) number and to ship the equipment back to Master Reseller/Distri (the
Customer shall pay all shipping charges associated with this return).
6. Fees and Payment Terms. Customer shall pay Master Reseller/Distri the One-
time Fees, monthly fees and other fees shown in the applicable Pricing
Schedule(s)
for the setup, operation and providing of Services, Customer Circuits, End
User
Circuits and other services obtained from Master Reseller/Distri. The monthly
fees
billed to the customer for End User Circuits shall not change during the term
for
which the End User DSL Circuit is ordered once such End User DSL Circuit order
has been accepted by Master Reseller/Distri. Other than revising monthly fee
charges for End User Circuits during the End User Circuit term, Master
Reseller/Distri shall be free to revise all charges at any time upon notice to
customer. Master Reseller/Distri shall invoice Customer once a month. Master
Reseller/Distri's invoices shall xxxx Customer for Services one month in
advance.
For new End Users, setup during a month, Master Reseller/Distri's invoice will
reflect all One-time Fees, prorated monthly fees for such month and the
advance
monthly fees. Customer shall pay all invoiced fees no later than thirty days
from
invoice date. Late payments will accrue interest at a rate of one and one-half
percent (1 1/2%) per month, or the highest rate allowed by applicable law,
whichever is lower, and Customer shall pay all collection costs incurred by
Master
Reseller/Distri (including, without limitation, reasonable attorney's fees).
In certain
situations, Master Reseller/Distri may require Customer to deposit funds with
Master Reseller/Distri to secure payment of fees owed by Customer hereunder.
If
Customer has a bone fide dispute with any of the amounts on an invoice
("Disputed
Amounts"), Customer must pay all amounts not in dispute as set forth above,
and
provide Master Reseller/Distri with a written request for billing adjustment
together
with all supporting documentation within sixty (60) days from the date of the
invoice or customers right to billing adjustment shall be waived. In the event
of a
billing dispute the parties shall promptly resolve the dispute by mutual
agreement or
by arbitration. Unless otherwise specified by Master Reseller/Distri all
payments
shall be made to Master Reseller/Distri Telecomm, Inc and mailed to Accounts
Receivable Dept., Master Reseller/Distri Telecomm, Inc., 4210 Coronado,
Xxxxxxxx, XX 00000. Customer shall be responsible for all applicable Federal,
state,
and local mandated, required or approved surcharges, fees, user's fees,
universal
service contributions and taxes applicable under this Agreement.
7. Cancellation and Disconnection. Customer shall give thirty (30) days
written
notice to Master Reseller/Distri to disconnect a Customer Circuit. All End
User
Circuits served by a Customer Circuit must be disconnected by Customer at the
same time or before disconnecting such Customer Circuit. If Customer
disconnects
a Customer Circuit during the Customer Term for that Customer Circuit,
Customer
shall incur fees for the balance of the Customer Term. If Customer disconnects
Services for an End User during the End User Term, Customer shall incur the
lesser
of the fees for the balance of the End User Term or the Disconnect Fee set
forth in
the Pricing Schedule. In any case, Customer will be obligated to pay Service
Setup
fees and will not be entitled to a refund of any fees at any time. If Customer
cancels
an End User Circuit prior to setup of such End User Circuit, Customer shall
incur
the End User Cancellation Fee as set forth in the Price Schedule.
8. Support and Maintenance. Customer shall provide all first-level support for
all
End Users. Master Reseller/Distri shall use reasonable commercial efforts to
provide second-level support for the Customer Circuits, End User Circuits and
Services. Customer understands that Master Reseller/Distri may, from time to
time,
need to interrupt Services for maintenance and other operational reasons, and
that
Customer shall not receive any compensation for such interruptions. Master
Reseller/Distri will give Customer reasonable advance notice of all such
interruptions.
9. Year 2000 Warranty. Master Reseller/Distri warrants to Customer, and only
Customer, that the Services, provided they are used correctly and provided
Master
Reseller/Distri is supplied by Customer with dates in proper format, will be
capable
of processing dates before and after the year 2000. Customer acknowledges that
the
Services are dependent on third party equipment, software, and systems,
including,
without limitation, those of local telephone companies and other carriers.
Master
Reseller/Distri makes no representations and will not be liable with respect
to Year
2000 compliance of such equipment, software, systems and third parties. Master
Reseller/Distri's sole obligation for a failure of the Services to comply with
the
foregoing warranty is to use its reasonable efforts to correct such a failure.
10. Warranty Disclaimer. EXCEPT FOR THE WARRANTIES SET OUT IN
SECTION 9, THE SERVICES, CUSTOMER CIRCUITS, AND END-USER
CIRCUITS, AND ALL OTHER PRODUCTS AND SERVICES HEREUNDER
ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S AND END
USER'S USE THEREOF IS AT ITS OWN RISK. MASTER RESELLER/DISTRI
DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY
WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR
TRADE PRACTICE. MASTER RESELLER/DISTRI DOES NOT WARRANT
THAT THE SERVICES, CUSTOMER CIRCUITS, AND END-USER CIRCUITS
WILL PERFORM AT A PARTICULAR SPEED, OR WILL BE
UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
11. Customer Representations and Warranties. Customer represents and warrants
that: (i) Master Reseller/Distri has informed Customer that the Services
constitute
telecommunications or telecommunications services ("Telecommunication
Services") as defined by federal law, and as a result, Master Reseller/Distri
will
assume the obligations of providing such Telecommunications Services,
including,
billing, collecting and remitting to governmental authorities the applicable
taxes
such as the universal service tax (collectively, "Telecommunication
Obligations").
In the event Customer chooses to use the Services to provide Telecommunication
Services, Customer will provide Master Reseller/Distri thirty (30) days prior
written
notice so that Master Reseller/Distri may discontinue such Telecommunication
Obligations and Customer will assume such Telecommunication Obligations
thereafter); (ii) it shall not, in the ordinary course of its business, when
using
Services, be able to identify, and distinguish between, packet data
transmissions
that originate and terminate within the same state (intrastate transmissions),
and
those packet data transmissions that originate and terminate in different
states
(interstate transmissions), and states that it is impractical to identify,
distinguish and
measure its intrastate and interstate transmissions on Master
Reseller/Distri's
network; (iii) Customer estimates in good faith that more than ten percent
(10%) of
all data packets transmitted through Services will consist of interstate
transmissions;
and, (iv) it will inform all End Users that Services do not include 911 or
other
emergency and ancillary services conventionally available from incumbent local
phone companies.
12. Term and Termination. This Agreement shall remain in effect until
terminated
as set forth in this Section. The initial term of this Agreement as set forth
on the
cover page of this agreement shall be one (1) year (the "Initial Term"). After
the
Initial Term, either party may terminate this Agreement with thirty (30) days
written notice to the other party. After ten (10) business days of non-payment
from
any due date, Master Reseller/Distri may suspend Services. After thirty (30)
days of
nonpayment from any due date, Master Reseller/Distri may terminate the
Services,
and/or this Agreement. Customer shall remain responsible for all fees accrued
prior
to the date of termination. In addition, either party may terminate this
Agreement if
the other party materially breaches any term or condition of this Agreement
and
fails to cure such breach within thirty (30) days after receipt of written
notice of the
same. If service to the customer is terminated under this agreement for non
payment
or material breach by customer, Master Reseller/Distri shall have the right to
provide service directly to customer's end users, including the right to
subcontract
all or any portion of said service to third parties, and shall be relieved of
any
confidentiality requirements associated with Master Reseller/Distri's
providing such
service. Customer agrees not to interfere with Master Reseller/Distri's right
to
provide service under these circumstances.
13. Effect of Termination. Upon expiration or termination of this Agreement,
Master Reseller/Distri will continue to maintain all existing Customer
Circuits and
End User Circuits, and provide Services pursuant to the terms hereof, provided
that
Customer continues to pay all applicable fees therefor and complies with any
additional terms and conditions requested by Master Reseller/Distri. Any
accrued
rights to payment, any remedies, and Sections 1, 6, 7, 8, 10, 11, 13, 14, 15,
16 and
17 will survive any expiration or termination of this Agreement.
14. Limitations of Liability. IN NO EVENT WILL MASTER RESELLER/DISTRI
BE LIABLE TO CUSTOMER, ANY END-USER, OR ANY THIRD PARTY FOR
ANY CLAIMS ARISING OUT OF OR RELATED TO CUSTOMER'S
BUSINESS, CUSTOMERS RELATIONSHIP WITH ITS END-USERS, OR
OTHERWISE. MASTER RESELLER/DISTRI SHALL NOT BE LIABLE FOR
ANY DAMAGES ASSOCIATED WITH THE INTERRUPTION OR LOSS OF
USE OF SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. MASTER RESELLER/DISTRI'S MAXIMUM AGGREGATE
LIABILITY TO CUSTOMER RELATED TO A CLAIM ARISING UNDER THIS
AGREEMENT, UNDER ANY CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHER THEORY, WILL BE LIMITED TO THE TOTAL
AMOUNT PAID BY CUSTOMER TO MASTER RESELLER/DISTRI FOR THE
SERVICES GIVING RISE TO SUCH CLAIM IN THE SIX (6) MONTHS PRIOR
TO THE OCCURRENCE OF SUCH CLAIM. NEITHER PARTY WILL BE
LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
OTHER THEORY FOR ANY LOST REVENUE, LOST PROFITS,
INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES
WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT.
15. Indemnity. Customer shall defend, indemnify, and hold harmless Master
Reseller/Distri, its officers and directors, employees, and agents from and
against
any and all lawsuits, claims, demands, penalties, losses, fines, liabilities,
damages,
and expenses (including attorney's fees) of any kind and nature (including
damage
to Master Reseller/Distri's property and injury to its employees), without
limitation whatsoever, in connection with Customers operations, installation
or
maintenance of equipment and facilities contemplated by this agreement, or
otherwise arising out of or in any way connected with customers provision of
service or performance under this agreement, provided that this section shall
not
apply to the extent that any injury, loss, or damage is caused by the gross
negligence or willful misconduct on the part of Master Reseller/Distri.
Master Reseller/Distri hereby indemnifies and holds harmless Customer and its
End
Users from any physical injuries to person or property caused by Master
Reseller/Distri or its agents during the course of providing or maintaining
the End
User Circuits or any End User premise equipment; provided, however, that such
indemnity shall not be available if the cause of such damage is due to
Customer's or
End User's willful or negligent acts or omissions.
16. Force Majeure. Neither party hereto shall be responsible for any failure
to
perform its obligations under this Agreement (other than obligations to pay
money)
if such failure is caused by acts of God, war, strikes, revolutions,
earthquake, lack
or failure of transportation facilities, laws or governmental regulations or
other
causes that are beyond the reasonable control of such party.
17. Miscellaneous. This agreement may not be assigned by Customer except to a
wholly-owned subsidiary or affiliate held under common control with the
Customer, without prior written consent of Master Reseller/Distri which shall
not
be unreasonably withheld. Notwithstanding the foregoing, Customer may assign
this agreement to a company that acquires Customer or into which Customer is
merged, subject to Master Reseller/Distri's prior approval of the acquiring or
surviving company's credit and increase of an existing, or imposition of a
new,
deposit or guarantee requirement, at Master Reseller/Distri's exclusive
option.
Master Reseller/Distri may subcontract the performance of Services to third
parties.
The parties agree that they are independent contractors and that this
Agreement and
relations between Master Reseller/Distri and Customer hereby established do
not
constitute a joint venture, agency or contract of employment between them, or
any
other similar relationship. Neither party has the right or authority to assume
or
create any obligation or responsibility on behalf of the other. This agreement
and all
of the non-tariffed rates, terms, conditions, and other information herein,
are
confidential and shall not be disclosed by either party to any other person,
except as
may be required by a court or government agency acting in accordance with its
jurisdiction. Furthermore, Master Reseller/Distri may transmit one or more
copies
of this agreement to the appropriate state Public Utilities Commission, the
Federal
Communication Commission, or Public Services Commission for filing on a
confidential basis. If either party discloses such information to a person
within said
party's company on a need to know basis, such person will be advised of the
confidential and non-disclosable nature of said information and required to
abide
thereby. All confidential information shall remain confidential for a period
of three
(3) years after the termination of this agreement.. Any notice required or
permitted
to be given under this agreement by a party shall be in writing and shall be
delivered by hand, mail, national overnight courier service or by fax if
confirmed
by telephone to the other party at the address or phone numbers shown herein
or at
such other address or phone numbers as shall be designated from time to time.
No
failure or delay in exercising any right hereunder will operate as a waiver
thereof,
nor will any partial exercise of any right or power hereunder preclude further
exercise. If any provision of this Agreement shall be adjudged by any court of
competent jurisdiction to be unenforceable or invalid, that provision shall be
limited
or eliminated to the minimum extent necessary so that this Agreement shall
otherwise remain in full force and effect and enforceable. This Agreement
shall be
deemed to have been made in, and shall be construed pursuant to the laws of
the
State of California and the United States without regard to conflicts of laws
provisions thereof. Any waivers or amendments shall be effective only if made
in
writing. This Agreement is the complete and exclusive statement of the mutual
understanding of the parties and supersedes and cancels all previous written
and
oral agreements and communications relating to any of the subject matter of
this
Agreement. This Agreement will be governed by and construed in accordance with
the laws of the State of California. The venue for enforcement of this
Agreement is
San Xxxxxxx County. Each party waives the right to a trial by jury in any suit
based
on or arising out of this agreement.
Volume Commitment Schedule
Volume Commitment Pricing
If Customer has committed to a specified Volume Level ("Volume Commitment
Level") as set forth on the cover page of the Agreement, then Customer will
receive the
applicable pricing as of the Effective Date of the Agreement ("Volume
Commitment Pricing"). For example, if Customer commits to a 1000+ Volume
Level, all End User
DSL Circuits will be billed at the Volume Level Price for 1,000+ circuits. In
order to maintain such Volume Commitment Pricing, Customer agrees to meet the
following
Volume Milestones:
Volume Milestone Schedule
In the event that the Customer fails to meet each of the above Volume
Milestones, pricing will revert to the standard Volume Level Pricing FOR ALL
END USER
CIRCUITS, BOTH EXISTING AND NEW CIRCUITS. In this event, Customer would be
required to pay the End User DSL Monthly Charges corresponding to Customer's
actual order volume as of the respective Volume Milestone (i.e., 3 months, 6
months, etc.).
For example, if Customer has a Volume Commitment of 1000+ Circuits, within 6
months of the applicable Effective Date, Customer must have at least 350 End
User DSL
Circuits invoiced. Assuming that at the six month Volume Milestone, Customer
has only 300 End User DSL Circuits invoiced, then the Customer is obligated to
pay the
monthly charges associated with the <1,000 Volume Level (e.g., A: Business
144-$81.70; Business 384-$105.80; etc.) for the subsequent month(s) FOR ALL
END USER
CIRCUITS. The Customer would pay the End User DSL Monthly Charges associated
with its actual order volume FOR ALL END USER CIRCUITS BOTH EXISTING
AND NEW CIRCUITS until Customer satisfies its subsequent Volume Milestone. If
at the nine month Volume Milestone, Customer has met or exceeded its Volume
Milestone (e.g. 650 End User DSL Circuits invoiced), then Customer will
receive Volume Commitment Pricing for future End User DSL Circuits.
One-Time Service Setup Charges
As part of Customer's Volume Commitment, Service Setup charges for services
are billed at the level of Customer's commitment, as long as Customer is
within the
milestones established above. One-time Service Setup charges are listed in the
Price Schedule for Business and Residential services. For example, if Customer
has a volume
commitment of 1,000+ Circuits, Customer will be billed for Service Setup
charges of $225 for all Business DSL circuits, starting with the first
circuit, as long as Customer
meets the Milestones listed above.
Price Schedule - DSL Services
Description of DSL Services
DSL Services Volume and Contract Level Pricing
The following are the monthly charges for End User DSL Circuits based on the
Information Server Access Services Agreement that Customer has signed with
Master
Reseller/Distri. The total of all of the Customer's End User Circuits in all
regions are counted in determining the applicable Volume Level Price.
End User DSL Circuit Monthly Charges
Service
Residential
384
Residential
768
Business
144*
Business
192*
Business
384*
Business
768*
Business
1.1m*
Business
1.5m*
Preferred Monthly Recurring Charges - 1 Year DSL Agreement
3 year Contract 1000+
3 year Contract < 1000
2 year Contract
Month to Month
Standard - 1 Year DSL Agreement
Month to Month or 2 year
Month to Month DSL Agreement
Mo. to Mo. DSL Agreement
End User DSL Circuit Order and Other One-time Charges
Service Setup
Residential
384
Residential
768
Business
144*
Business
192*
Business
384*
Business
768*
Business
1.1m*
Business
1.5m*
Preferred Non-Recurring Charges
NRC 1000+ Circuits.
NRC <1000 Circuits.
Standard
NRC
Month to Month DSL Agreement
Mo. to Mo. DSL Agreement
Residential Non-Recurring Charges (NRC) and Customer Premise Equipment (CPE)
prices are after rebates to the end user. The current price for NRC
and CPE for the Preferred Residential service is $348 and the end user will
receive a rebate (currently $150) which will reduce the cost of the equipment
and installation to the net $198 price. From time to time the cost of the
installation and equipment to the ISP and the rebate to the end user may
change. If
the net cost is more than the price listed here we will provide the advance
notification as required by our agreement.
Customer Premise Equipment
E.N.* 5250 SDSL Modem
F.P.** 144 IDSL Router
F.P.** 2200 SDSL Router
F.P.** 2100 ADSL Router
* E.N. Efficient Networks
** F.P. FlowPoint
Service Order Charges
One-Time Charge
Inside Wiring from RJ45 Xxxx Xxxx to NID (optional)
$ 88.00*
Field Technician Dispatch (during normal business hours)
$ 88.00*
* First Hour/Minimum Charge. For each additional 15 minutes: $20.
Field Technician Dispatch (other hours: after hours, weekends, holidays)
$ 110.00**
** First Hour/Minimum Charge. For each additional 15 minutes: $25.
Other Service Charges
One-Time Charge
Upgrade/downgrade of End User DSL Service (Involves a dispatch of FT)
$199.00
Upgrade/downgrade of End User DSL Service (no dispatch of FT)
$99.00
End User Circuit Disconnect Fee (per circuit)
$250.00
End User Circuit Cancellation Fee (per circuit)
$49.00
Missed Appointment ( i.e., End user no-show) Charge
$99.00
AS A CONDITION OF MASTER RESELLER/DISTRI MAKING RESIDENTIAL SERVICES AVAILABLE
TO CUSTOMER, CUSTOMER AGREES TO FOLLOW
ALL MASTER RESELLER/DISTRI PROCEDURES RULES AND REGULATIONS INCLUDING THE USE
OF ANY MASTER RESELLER/DISTRI PROVIDED WEB
INTERFACE FOR ORDER ENTRY, PROVISIONING, AND OR MAINTENANCE REQUEST AND
RESOLUTION. CUSTOMER AGREES TO USE
COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT RESIDENTIAL LINES ARE INSTALLED
AT RESIDENTIAL ADDRESSES ONLY. MASTER
RESELLER/DISTRI RESERVES THE RIGHT TO XXXX CUSTOMER FOR SERVICES AT APPLICABLE
BUSINESS SERVICES PRICES FOR ANY RESIDENTIAL
CIRCUITS INSTALLED AT LOCATIONS DEEMED TO BE NON-RESIDENTIAL.
CUSTOMER AGREES TO USE COMMERCIALLY REASONABLE EFFORTS TO FULLY DISCLOSE TO
END USERS THE FEATURES AND LIMITATIONS OF
RESIDENTIAL SERVICES PRIOR TO ORDERING RESIDENTIAL SERVICES FOR SUCH END USER.
Description of DSL Remote Services
DSL Remote Service is an additional service to Master Reseller/Distri's
standard DSL Service offerings. DSL Remote provides long-distance connectivity
for DSL End Users
located in distant metropolitan areas.
DSL Remote Service - Monthly Recurring Service Charge (per End User)
Distance Between End User Metro
Area and Customer Metro Area
DSL Remote 144
Monthly Charge
DSL Remote
192 Monthly
Charge
DSL Remote
384 Monthly
Charge
DSL Remote
768 Monthly
Charge
DSL Remote 1.1
Monthly Charge
DSL Remote 1.5
Monthly Charge
Less than 500 miles
Greater than 500 miles
In addition to the other charges for DSL Services, Customer shall pay the
applicable DSL Remote Monthly Charges set forth above. If DSL Remote is
ordered at the same
time as the DSL End User Circuit, then no additional one-time order charges
apply. Additional service charges may apply if DSL Remote Service is added to
or removed
from an installed End User DSL Circuit. DSL Remote Services are not included
for purposes of determining whether Customer has met its Volume Commitment
Level.
For Customer to order DSL Remote Services, such service must be available in
both the metropolitan area where the End User DSL Circuit will be ordered and
the
metropolitan area where the Customer maintains a Customer Circuit. Standard
DSL Services may be available within a metropolitan area before DSL Remote
Service is
available.
Region
Metro Areas within 500 miles
Atlanta, Georgia
Raleigh, NC
Austin, Texas
Dallas, TX; Houston, TX
Baltimore, Maryland/Washington, D.C. *
Boston, MA; New York, NY; Philadelphia, PA; Raleigh, NC; Detroit, MI
Boston, Massachusetts
New York, NY; Philadelphia, PA; Baltimore, MD; Washington, DC
Chicago, Illinois
Detroit, MI; Minneapolis, MN
Dallas, Texas
Austin, TX; Houston, TX
Denver, Colorado
- none -
Detroit, Michigan
Chicago, IL; Philadelphia, PA; Baltimore, MD; Washington, D.C.
Houston, Texas
Dallas, TX; Austin, TX
Los Angeles, California
San Diego, CA; San Francisco, CA; Sacramento, CA; Phoenix, AZ
Miami, Florida
- none -
Minneapolis, Minnesota
Chicago, IL; Detroit, MI
New York, New York
Boston, MA; Philadelphia, PA; Baltimore, MD; Washington, D.C.; Raleigh, NC
Portland, Oregon
Seattle, WA
Philadelphia, Pennsylvania
Boston, MA; New York, NY; Baltimore, MD; Washington, D.C.; Raleigh, NC;
Detroit, MI
Phoenix, Arizona
San Diego, CA; Los Angeles, CA
Raleigh, North Carolina
Atlanta, GA; New York, NY; Philadelphia, PA; Baltimore, MD; Washington, DC
Sacramento, California
San Diego, CA; San Francisco, CA; Los Angeles, CA
San Diego, California
San Francisco, CA; Los Angeles, CA; Phoenix, AZ
Seattle, Washington
Portland, OR
San Francisco, California
San Diego, CA; Sacramento, CA; Los Angeles, CA
* The Baltimore, MD and Washington, D.C metro areas are considered the same
metropolitan region for purpose of DSL Remote.
(Initials) ______ISP 5 of 5 ________(Master
Reseller/Distri Telecomm, Inc.) 10/04/99
