1. Dedicated Internet Access. Provider shall provision Customer with (i) a link to the Provider’s Point of Presence (“POP”) or other designated POP, by arranging for installation of the requisite facilities to Customer’s site, and (ii) routing to the Provider’s Internet Peering Location(s). Unless otherwise agreed by Provider in writing, Customer is responsible for providing necessary cabling, equipment, and manpower to distribute telecommunications facilities from the standard telco demarcation point (“demarc”) to the Customer’s equipment location, if necessary.
2. Relocating the Circuit. If Customer relocates (sometimes referred to as “re-terminating”) the demarcation point of the circuit at Customer’s premises used to provide access to Provider, Customer shall pay any fees incurred by Provider in connection therewith. Provider shall not be responsible for any service disruptions related to relocating the demarc.
3. Technical Support. Provider may provide Customer with limited support on integration of the service into the Customer’s network. Provider shall monitor operation of the service between the Provider’s network and the demarcation point at the Customer’s premises. Customer is responsible for any administrative, technical, emergency, or support personnel at Customer’s site necessary for dealing with Provider and for providing, installing, and maintaining Customer’s own equipment.
4. Domain Name Service. Provider shall, at Customer’s request, (i) provide primary or secondary domain name service (DNS) for one registered domain. DNS for additional domains or secondary DNS may be requested, but Provider is under no obligation to provide. Provider disclaims all liability and responsibility for any loss, damage, claim or expense arising out of or related to the registration of Customer’s domain name, its usage in network registrations or directories, or the failure of any third parties to register or use Customer’s domain name. Notwithstanding any provision of this paragraph, Provider shall not be liable to Customer for failing to obtain any specific domain name(s) requested by Customer.
5. IP Address Allocation for Internet access agreements. Provider abides by the policies and regulations of the American Registry for Internet Numbers (ARIN). ARIN provides the IP space that Provider distributes to its customers. In order for Provider to acquire IP address space from ARIN, Provider must follow ARIN’s policies for allocating assignments to its customers and enforcing efficient utilization of all IP addresses. For this reason, Provider’s customers are required to justify their IP requirements in detail utilizing the IP Justification Form.
6. Security. Customer understands that Provider does not own or control the telecommunications lines or facilities or other facilities to which it may provide access, except those specifically identified as belonging to Provider. Accordingly, Provider shall not be responsible for user/access security. Provider shall not be liable for any inability, failure or mistake in detecting or identifying unauthorized or inappropriate network access. If Customer detects an unauthorized disclosure if its IDs or passwords, it shall notify Provider immediately.
7. Agreement to Pay Service Charges. Customer agrees to pay the Nonrecurring and Monthly Recurring Charges set forth in the Service Order. Service Charges are independent of the amount of traffic or system access by legitimate users at the Customer’s location. The Service Charge may be affected by tariffs or regulatory agencies and accordingly Provider reserves the right to change the Service Fee during the Initial Term or any Renewal Terms of the Agreement. Provider will give Customer 60 days prior notice of any mid-term increase in the Service Fee. Customer agrees to pay the new Service Charge from and after the effective date of the new Service Charge, unless Customer has terminated the Agreement in accordance with the MSA. In the event Customer extends the Agreement for an additional year, Customer agrees to pay the then-current annual Service Charge.
8. Other Charges. Customer is responsible for (i) its own network charges incurred in accessing Provider, and (ii) payment for any merchandise or services it or its users order or obtains through the networks to which Provider provides access. Unless otherwise set forth in the Service Order, Provider is providing Customer only with Internet access and is not in any way involved with, and specifically disclaims any liability for, product or service selection, purchase, payment, warranties, delivery, maintenance, or related matters.
9. Acceptable Use Policy. Customer agrees to abide by Provider’s Acceptable Use Policy, which may be found at the Terms and Conditions section of Provider’s website at www.glofiberbusiness.com, which may be changed from time to time in Provider’s sole reasonable discretion.