MANAGED MODEM
DEDICATED AND TRANSIT SERVICES
TERMS AND CONDITIONS
 
The following Terms and Conditions shall be applicable to services required to allow access to "Dedicated Services" and "Transit Services" as offered by PROVIDER (the 'Managed Modem Services") ordered by Customer under any Customer Order.
 
1. Any state or federal tariffs applicable to the Managed Modem Services to be delivered under any Customer Order are incorporated into the terms thereof. The Managed Modem Services shall at all times be used in compliance with PROVIDER's then-current Acceptable Use Policy and Privacy Policy, as amended by PROVIDER from time to time and which are available through PROVIDER's web site.
 
2. In the event Customer orders "Dedicated Service," end user traffic will be routed through and aggregated in PROVIDER's facility, sent to the Customer's Premises via a dedicated circuit, and then routed to its final destination by Customer. In the event that Customer orders "Transit Services," End User traffic will be routed to PROVIDER's facility and then routed to its final destination by PROVIDER via the Internet. Dedicated Service with "____________" will initially be provisioned to the Customer in the same fashion as Transit Services, until such time as PROVIDER has provisioned the dedicated circuit to send end user traffic from PROVIDER's facility to the Customer's Premises. ________________ will then be migrated to standard Dedicated Service. Customers ordering Dedicated Services will be required to make a portion of the Premises available to PROVIDER for the placement of equipment necessary to provide such Dedicated Services. For Dedicated Service, all Customer CPE as well as the private line necessary to support this service will be ordered, installed and managed by PROVIDER. Any telephone numbers assigned to Customer for the purpose of providing Managed Modem Services hereunder shall be property of Customer; PROVIDED, however, that PROVIDER shall be obligated to release such numbers to Customer upon expiration or termination hereof if and only if Customer is then in compliance with all of the terms contained herein or in the Standard Terms and Conditions.
 
3. The nonrecurring charges and monthly recurring rates for the Managed Modem Services provided by PROVIDER to Customer shall be set forth in each Customer Order. PROVIDER will dedicate the specified number of ports to Customer in the PROVIDER facilities as identified in each Customer Order. Customer may be responsible for additional monthly charges if Customer's use of the Managed Modem Services requires and utilizes more ports than the number committed to and ordered by Customer.
 
4. Customer hereby agrees to pay for the Services for the period of time specified in each Customer Order, which period shall commence with the initiation of delivery of such Managed Modem Services. The rates and other charges set forth in each Customer Order are established in reliance on the term commitment made therein. In the event that Customer terminates Managed Modem Services ordered in any Customer Order or in the event that the delivery of Managed Modem Services is terminated due to a failure of Customer to satisfy the requirements set forth herein or in the Customer Order prior to the end of the agreed term, Customer shall (unless Customer has made a Revenue Commitment) pay a termination charge equal to the termination or other charges paid or to be paid by PROVIDER for services purchased from other sources used to deliver the Managed Modem Services to Customer, plus the percentage of the monthly recurring charges for the terminated Managed Modem Services calculated as follows:
 
a. _____% of the monthly recurring charge that would have been incurred for the Managed Modem Service for months 1-12 of the agreed term; plus
b. _____% of the monthly recurring charge that would have been incurred for the Managed Modem Service for months 13-24 of the agreed term; plus
c. _____% of the monthly recurring charge that would have been incurred for the Managed Modem Service for months 25 through the end of the agreed term.
 
Customer may, in the event that a Revenue Commitment is made and is then being satisfied by Customer, terminate, rearrange or reconfigure the Managed Modem Services ordered under a Customer Order without payment of the termination charge specified above; PROVIDED, HOWEVER, that Customer shall be responsible for payment of PROVIDER's then-current standard nonrecurring charges for such termination, rearrangement or reconfiguration.
 

5. PROVIDER provides only access to the Internet; PROVIDER does not operate or control the information, services, opinions or other content of the Internet. Customer agrees that it shall make no claim whatsoever against PROVIDER relating to the content of the Internet or respecting any information, product, service or software ordered through or provided by virtue of the Internet.