Dedicated Access Agreement - MCI Telecommunications Corp. and SAVVIS Communications
INTERNETMCI DEDICATED ACCESS AGREEMENT
FOR FULL RATE DS3 (ICB)
MCI Telecommunications Corporation ("MCI") will provide and Customer will take
internetMCI Dedicated Access Service on the terms contained in Attachments 1, 2,
3, 4, and 5 of this cover sheet (this cover sheet and such Attachments referred
to collectively as the "Agreement"). Note: all correspondence should include the
entire account team and point of contact.
** The address for Contract Administration for Cindy Andreotti's regions is:
MCI
Contract Administration
Attention: Justin Schlifkin
6 Concourse Parkway
Suite 1000
Atlanta, GA 30328
** The address for Contract Administration for Vince Corica's regions,
Government Markets and International Orders is:
MCI
Contract Administration
Attention: Stacy Poppell
6 Concourse Parkway
Suite 1000
Atlanta, GA 30328
SAVVIS COMMUNICATIONS
------------------------------- networkMCI, INC.
CUSTOMER NAME
7777 BONHOMME, SUITE 1000 MCI Telecommunications Corporation
------------------------------- Business Markets Headquarters
STREET ADDRESS Three Ravinia Drive
ST. LOUIS, MO 63635 Atlanta, Georgia 30346
-------------------------------
CITY/STATE/ZIP
/s/ Gary Zimmerman /s/ Justin Schlifken
------------------------------- ----------------------------------
CUSTOMER SIGNATURE AUTHORIZED MCI SIGNATURE
Gary Zimmerman, VP Network Ops Justin Schlifkin
------------------------------- ----------------------------------
PRINT NAME AND TITLE PRINT NAME AND TITLE
3/24/98 4/16/98
------------------------------- ----------------------------------
CUSTOMER SIGNATURE DATE MCI ACCEPTANCE DATE
Notice: This Agreement will not go into effect until executed by both Customer
and MCI. This offer is subject to MCI's credit approval of Customer.
<PAGE>
ATTACHMENT 1
internetMCI DEDICATED ACCESS SERVICE DESCRIPTION
1. OVERVIEW.
MCI's internetMCI Dedicated Access Service is a suite of Internet
access services that can be integrated with its existing business long
distance services. At the originating customer premises, the customer's
equipment places data into Internet Protocol (IP) packets and gives
each packet a terminating address. MCI routes registered IP packets
over the MCI IP backbone to the terminating Internet location.
internetMCI Dedicated Access is available at speeds up to 45 Mbps
(where access is available).
2. TECHNICAL DESCRIPTION.
MCI's Internet Protocol (IP) backbone is a packet-switched interLATA
data transport service comprised of dedicated 622 Mbps digital circuits
connected in a mesh topology and based on the TCP/IP suite of
protocols: the Internet standard. IP provides a connectionless data
transfer service operating as layer three of the OSI reference model.
3. ACCESS.
Customers currently obtain dedicated access to internetMCI via
dedicated digital facilities or via logical permanent virtual circuits
(PVC) available as part of MCI's HyperStream Frame Relay service.
4. AVAILABILITY.
internetMCI Dedicated Access Service is available nationwide from
cities listed in MCI Tariff FCC No. 1, Section C.12, Table IV, Part A,
as amended from time to time, or any successor tariff, unless otherwise
specified.
[END OF ATTACHMENT 1]
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ATTACHMENT 2
TERMS AND CONDITIONS
1. CHARGES: You agree to pay all applicable charges for the Internet access
service ordered on the attached Cover Sheet (the "Service"). Charges shall be
invoiced monthly and are due 30 days net. Amounts not paid within 30 days after
the date of the invoice will be considered past due. Prices do not include
applicable taxes, for which you are responsible. Rates and charges may be
changed by MCI per the terms of Attachment 3, and you agree to pay any
additional charges which may result. If the Service becomes tariffed, the tariff
will supersede any conflicting provisions of this Agreement.
MCI may require, in MCI's sole discretion, alternate or additional security from
Customer. Customer's failure or refusal to comply with such requirement upon
MCI's request therefore may result in the cancellation of this Agreement and
Customer's service for cause. At MCI's request, you shall provide a letter of
credit or provide a security deposit to assure payment. Letters of credit must
be irrevocable to be acceptable as security deposits. MCI may reject such
letters of credit if they contain any conditions which MCI finds objectionable
in MCI's sole discretion. MCI shall release any letter of credit or return any
security deposit within thirty (30) days after the later of: (a) the customer
terminating service with MCI, and, (b) the customer satisfying all outstanding
invoices and indebtedness shown on MCI's books and records of account.
2. TERM AND TERMINATION: The service term begins when MCI's circuit has been
fully installed and tested and the Service is available for your use, regardless
of the status of your equipment. The term of the Service ("Term") is as set
forth in Attachment 3 and automatically shall renew for successive thirty (30)
day Terms at MCI's then-current month-to-month rates, regardless of the original
Term, unless either party provides the other thirty (30) days prior written
notice that it does not wish to renew. You may terminate Service on 30 days
prior written notice and will be liable for any applicable early termination
charges. MCI may suspend or terminate Service if you materially breach this
Agreement, including failure to pay for any past due amounts for invoiced
services as set forth in Section 1 above, and do not cure such breach within 3
days (72 hours) of notice; provided, that MCI may terminate immediately without
notice in order to prevent damage to or degradation of its Internet network
integrity which may be caused by the Customer or anyone using Customer's access,
or to comply with any law, regulation, court order, or other governmental
request order which requires immediate action, or for a violation of MCI's
Policy Against Spamming or for other behavior that in MCI's sole discretion may
be deemed to be illegal, or otherwise to protect MCI from legal liability. MCI
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will endeavor to give Customer notice regarding the reason(s) for termination as
soon as reasonably practicable after such termination.
3. RIGHTS AND OBLIGATIONS OF CUSTOMER: You shall at your own expense be
responsible for all site preparation activities necessary for installation of
the Service. You shall give MCI and its suppliers reasonable access to your
premises at all reasonable times. You shall not use the Service or permit any
use of the Service which is illegal, unlawful, or harassing, which infringes
upon another's intellectual property rights, or which otherwise constitutes
network abuse, and you shall be responsible for any such misuse of the Service.
You shall indemnify MCI and its affiliates against any liabilities incurred by
them as a result of such misuse. You also will pay to MCI the reasonable
attorneys fees and costs, including allocable costs of in house counsel,
incurred by MCI in enforcing this Agreement. You shall be responsible for
communicating with your own users of the Service, and for handling all
complaints and trouble reports made by such users. You must comply with
reasonable security procedures and standards with respect to your own routers
that interface with the Service. MCI may communicate security issues to you from
time to time when abuse or misuse is observed or reported by others.
4. EQUIPMENT AND SOFTWARE: MCI is not responsible for the installation,
maintenance, compatibility or performance of any equipment or software not
provided by MCI, and you shall indemnify MCI and its affiliates against any
infringement claims arising out of such third party equipment or software with
the Service. If such third party equipment or software impairs the Service, you
remain liable for payment, and if such third party equipment is likely to cause
hazard or service obstruction, you shall eliminate such likelihood at MCI's
request. MCI will troubleshoot difficulties caused by such third party equipment
or software at your request, at MCI's standard rates and terms. In the event you
provide any router to interface with the Service, you must cooperate with MCI in
configuring and managing such router(s) in order to implement and operate the
Service.
5. SERVICE OBJECTIVES: In providing the Service, MCI will use its diligent
efforts to meet the service objectives as specified in Attachment 5 hereto
(Service Level Agreement).
6. MCI OBLIGATIONS; DISCLAIMER OF WARRANTIES: MCI shall operate and maintain the
Service, contingent upon MCI's ability to maintain necessary licenses or
permissions and MCI's network capacity and connection availability. You
understand that, except for certain services specifically identified as MCI
services, MCI does not operate or control the Internet. YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR AND YOUR USERS' USE OF THE INTERNET. MCI MAKES NO
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS REGARDING ANY
MERCHANDISE, INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE INTERNET.
THE
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SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE,
NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY MCI'S EMPLOYEES, AGENTS OR
CONTRACTORS SHALL CREATE A WARRANTY. MCI has no obligation to monitor the
Service; however, MCI may monitor the Service and disclose information gained
from such monitoring in order to satisfy any law, regulation or other
governmental request, to operate the Service and administer MCI's network, or to
protect itself or its subscribers. MCI reserves the right to refuse to post or
to remove any information or materials, in whole or in part, that in its sole
discretion are unacceptable, undesirable, or in violation of this Agreement. In
no event shall MCI be deemed liable for any failure or delay due to any cause
beyond MCI's control.
7. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL MCI BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM YOUR OR YOUR USERS' USE OF OR INABILITY TO ACCESS ANY PART OF THE INTERNET
OR YOUR OR YOUR USERS' RELIANCE ON OR USE OF INFORMATION, SERVICES OR
MERCHANDISE PROVIDED ON OR THROUTH THE SERVICE, OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, LOSS, THEFT, OR DELETION OR FILES, ERRORS, DEFECTS,
DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. If you are
dissatisfied with the Service or these Terms and Conditions, your sole remedy is
to terminate this Agreement.
8. DOMAIN NAME REGISTRATION; EQUIPMENT: At your request and expense, MCI shall
assist in the registration of your domain name(s), provided that you represent
and warrant to MCI that any name you submit to MCI and/or the domain name
authority for registration and all intellectual property rights therein are
owned exclusively by you, or that you have all necessary rights to register such
name, and you agree to indemnify MCI against all losses incurred by MCI as a
result of a breach of this warranty. MCI shall not be responsible for its
inability to register any domain name(s). At your request and expense, MCI,
where permitted, shall also assist you in procuring equipment in connection with
your use of the Service. The parties shall enter into a separate agreement to
govern the terms of any such procurement activity.
9. NONDISCLOSURE: As used in this Agreement, the term "Confidential Information"
shall mean any information of a party disclosed by one party to another pursuant
to this Agreement which is in written or other tangible form (including on
magnetic media) or by oral, visual or other means, which is or reasonably should
have been understood by the recipient (the "Receiving Party"),
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because of legends or other markings, the circumstances of disclosure or the
nature of the information itself, to be proprietary and confidential, including
without limitation this Agreement itself. Each party recognizes the importance
of the Confidential Information. Accordingly, each party agrees as follows: (a)
The Receiving Party agrees (i) to protect such Confidential Information from
disclosure to others, using the same degree of care used to protect its own
confidential or proprietary information of like importance, but in any case
using no less than a reasonable degree of care, (ii) not to disclose except as
specifically permitted hereunder any of the Confidential Information or any
information derived therefrom to any third person except to its Affiliates and
contractors under a confidentiality obligation to the Receiving Party which is
no less restrictive than that contained herein, and (iii) not to make any use
whatsoever at any time of such Confidential Information except as expressly
authorized in this Agreement. Any Affiliate, employee, agent or contractor given
access to any such Confidential Information must have a legitimate "need to
know" and shall be similarly bound in writing. Without granting any right or
license, the parties agree that the foregoing shall not apply with respect to
information the Receiving Party can document (i) is in or (through no improper
action or inaction by the Receiving Party or any affiliate, agent or employee
thereof) enters the public domain, or (ii) was in its possession or known by it
prior to receipt from the disclosing party, or (iii) was rightfully disclosed to
it by another person without restriction, or (iv) was developed independently by
it without use of the Confidential Information. (b) Immediately upon termination
of this Agreement, the Receiving Party will return or, at the disclosing party's
direction, destroy and certify the destruction of all Confidential Information
and all documents and media containing any such Confidential Information and all
copies and extracts thereof. (c) Either party may disclose the other's
Confidential Information as required by law. (d) Each Receiving Party
acknowledges and agrees that due tothe unique nature of the Confidential
Information, there can be no adequate remedy at law for any breach of the
obligations hereunder, that any such breach will allow the Receiving Party or
third parties to unfairly compete with the disclosing party, and will result in
irreparable harm to the disclosing party and therefore that upon any such breach
or any threat thereof, the disclosing party shall be entitled to appropriate
equitable relief in addition to whatever remedies it might have at law and under
this Agreement.
10. MISCELLANEOUS: All notices required or permitted hereunder must be in
writing, delivered personally or by U.S. mail, facsimile or electronic mail
(followed by hard copy, in the case of fax or email) to the respective signatory
and notice addresses set forth on the Cover Sheet, or such other person and/or
address as a party may notify the other from time to time, and shall be deemed
effective upon receipt. Any dispute relating to this Agreement which cannot be
resolved by negotiation shall be settled by binding arbitration in accordance
with the J.A.M.S./ENDISPUTE Arbitration Rules and Procedures ("Endispute
Rules"), as amended by this Agreement. The costs of arbitration shall be shared
equally by the
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parties unless the arbitration award provides otherwise. Each party shall bear
the cost of preparing and presenting its case. The parties agree that the
arbitrator's authority to grant relief shall be subject to the United States
Arbitration Act, 9 U.S.C. 1-16 et seq. ("USAA"), the provisions of this
Agreement, and the ABA-AAA Code of Ethics for Arbitrators in Commercial
Disputes. The arbitrator shall have no power to make any award that provides for
punitive or exemplary damages. The arbitrator's decision shall follow the plain
meaning of the relevant documents, and shall be final and binding. The award may
be confirmed and enforced in any court of competent jurisdiction. All post-award
proceedings shall be governed by the USAA. If the Customer resells access
provided pursuant to this Agreement, Customer shall insure that its customers
abide by the terms of this Agreement (including but not limited to MCI's Policy
against Spamming), and Customer shall not make any representations, warranties,
or indemnities inconsistent with the terms of this Agreement. This Agreement
shall be binding upon and inure to the benefit of the successors and permitted
assigns of the parties hereto. Neither this Agreement, nor any of your rights or
obligations herein shall be transferable or assignable by you without MCI's
prior written consent and any attempted transfer or assignment hereof not in
accordance herewith shall be null and void. In the event that any portion of
this Agreement is held to be unenforceable, the unenforceable portion shall be
construed in accordance with applicable law as nearly as possible to reflect the
original intentions of the parties and the remainder of the provisions shall
remain in full force and effect. Either party's failure to insist upon or
enforce strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between parties nor trade practice shall act to modify any provision of this
Agreement. This Agreement shall be governed by and construed in accordance with
the laws of the State of New York, without regard to its conflicts of law
provisions. Any cause of action you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of action arises or such
claim or cause of action is barred. This Agreement constitutes the entire
agreement between you and MCI with respect to the Service and can be modified
only in writing by the parties hereto.
11. USE OF MCI'S NAME/MARKS: Neither party may use the other's name, trademark,
tradenames or other proprietary identifying symbols without the prior written
approval of the other party. In Customer's use of the Service provided hereunder
and in the provision of services by Customer to its own customers, Customer
shall not: (i) use any service mark or trade mark either of MCI or any of its
affiliated companies or of which MCI or any of its affiliated companies is a
licensee, or (ii) refer to MCI or any of its affiliated companies in connection
with any product, equipment, offering, promotion, service or publication of the
Customer or of a third party on behalf of or with the authorization of the
Customer, without the written approval of MCI and its pertinent affiliated
company. Customer agrees that: (i) any use of MCI mark(s) by it is for the
benefit of MCI; (ii) all good will
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resulting therefrom vests solely in MCI; and (iii) Customer will neither have
nor make any claim in or to such mark(s).
A violation of this Section shall constitute a material breach of this
Agreement. Any cure of such breach must be to MCI's independent satisfaction.
Notwithstanding anything herein to the contrary, MCI shall be entitled to seek
injunctive relief in enforcement of this Section.
[END OF ATTACHMENT 2]
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ATTACHMENT 3
internetMCI DEDICATED ACCESS RATES, CHARGES AND DISCOUNTS
I. CONNECTION ORDERED PER THIS ATTACHMENT
1. Customer Name: SAVVIS Communications Corporation
2. Billing ID: 02049338
3. Circuit ID or PVC#: itx96393-0001
4. Served Location (City, State): Santa Clara, CA
5. Served Location NPA-NXX: 408-496
6. Transmission Rate of Connection : 45Mbs
7. Access Method (Dedicated Access, Frame Relay): Dedicated
Access
II. RATES AND CHARGES
A. LOCAL LEASED ACCESS LINE CHARGES.
Local Leased Access Lines: This Agreement incorporates by
reference the terms and conditions of MCI's filed and
effective tariffs, as amended from time to time in accordance
with law, including all installations, reconfiguration, and
monthly recurring rates for any applicable local channel,
central office connection, and access coordination charges.
These charges are in addition to the Network Connections
Pricing set forth in Section II(B) below. Access Pricing Plan
(APP) discounts having the same term as the Term of this
Agreement are available, subject to the terms and conditions
of the applicable APP. The Access Pricing Plan must be
separately applied for, and is not subject to, or a part of,
the terms and conditions of this Agreement.
B. NETWORK CONNECTIONS PRICING.
MCI provides Dedicated Private Line Channel
connections for the internetMCI Full Rate DS3
service. Additionally, the charges below apply for
the connectivity of the Full Rate DS3 service to the
internetMCI network.
1. Installation Charges: * for all connection speeds
2. Reconfiguration Charges: * per occurrence
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* CONFIDENTIAL TREATMENT REQUESTED
<PAGE>
3. Monthly Recurring Charges. Check box to indicate
understanding of the rates.
[ ] Full Rate DS3 (ICB Only)
For Full Rate DS3, the Customer will receive the monthly
recurring rate that corresponds to the average monthly usage
tier (as measured in Megabits per second) at which the
Customer's actual monthly usage qualifies. For the
provisioning of the Full Rate DS3 Service it is required that
the customer have a Digital Link 3100 DSU/CSU:
Average Monthly Usage Monthly Recurring Charge
--------------------- ------------------------
0 - 1.5 Mbps *
1.51 - 3.0 Mbps *
3.01 - 4.5 Mbps *
4.51 - 6.0 Mbps *
6.01 - 10.0 Mbps *
10.01 - 15.0 Mbps *
15.01 - 45.0 Mbps *
The Full Rate DS3 connection charge is based upon the
Customer's average monthly utilization of the connection.
Average Monthly Utilization is defined as the greater of the
average traffic into or out of the port connection as
expressed as a percentage of the total capacity of the
connection. Traffic is measured in five minute intervals,
which are averaged monthly to arrive at the appropriate
monthly usage tier. The Customer will be provided with a
monthly utilization report upon request.
New MCI connections will be billed for the first two months of
service at the pricing associated with the lowest usage tier
set forth in the table. Existing MCI Customers will be billed
for the one month at the pricing associated with their Average
Monthly Utilization during the monthly period immediately
preceding the commencement of the Term of this Agreement. The
Customer's inbound and outbound traffic will be measured
during the first two months, and the Customer will be
reassigned in the third month to the usage tier commensurate
with their Average Monthly Utilization for the prior usage of
two months past. At the end of any monthly measurement period
in which the Customer's Average Monthly Usage falls below or
exceeds the usage associated with its assigned tier, the
Customer will be reassigned to a new tier commensurate with
their Average Monthly Utilization.
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* CONFIDENTIAL TREATMENT REQUESTED
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For DS3 connectivity, Customer will be provisioned through
MCI's ____ IP node. If necessary, Customer will be charged for
back hauling its DS3 connection facility from the Customer's
MCI Point of Presence location to the nearest natural backhaul
BIPP node termination point in MCI's Internet network at the
per-mile TDS 45 rates set forth in MCI's Tariff FCC No. 1.
Such back-hauling charges are eligible for the discount as set
forth in Section II(C)(1) below.
4. Price Changes. MCI reserves the right to change its
Network Connection pricing on 30-days advance notice.
If any such price change, after all applicable
discounts are applied, results in a net decrease to
Customer's monthly charges, Customer will receive the
benefit of such decrease. If such price change, after
all applicable discounts are applied, results in a
net increase to Customer's monthly charges of more
than five percent (5%), Customer may terminate this
Agreement without further liability, other than
payment of charges incurred prior to the termination
date. To exercise the right to terminate the
Agreement provided under this Section, Customer must
provide MCI with at least thirty (30) days prior
written notice, which notice must be delivered to MCI
within thirty (30) days of Customer's receipt of
notice of the applicable price increase. Within
thirty (30) days of any termination of this Agreement
pursuant to this Section, Customer shall repay to MCI
any credits that MCI may have granted to Customer
hereunder.
5. Partial Billing. Customers will be billed a prorated
share of the above charges for connections installed,
terminated, or reconfigured during the course of a
monthly billing cycle.
C. FIXED TERM DISCOUNTS
1. Options. Customer will receive discounts off MCI's
month-to-month rates by committing individual
connections to 1, 2, 3, 4, or 5 year service terms.
Fixed term discounts are applied on the effective
charges after applying all utilization and connection
cost-based discounts and surcharges. Fixed term
discounts shall not apply to Local Leased Access Line
Charges. If no term is selected below, the Customer
will be placed on a month-to-month term and will
receive no discounts.
Select One Term (in Years) Discount
[ ] 0 0%
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[ ] 1 15%
[ ] 2 17%
[ ] 3 20%
[ ] 4 22%
[x] 5 25%
2. Early Termination. If the Customer's connection is
disconnected prior to the end of the committed Term,
Customer will pay an early termination charge equal
to fifty percent (50%) of their subscribed monthly
connection charges, including applicable backhaul
charges, multiplied by the number of months remaining
in the Term. In addition, within thirty (30) days of
any termination of this Agreement for which early
termination charges are applicable, Customer shall
repay to MCI any credits that MCI may have granted to
Customer hereunder. Early termination charges shall
apply in all cases except the following:
- If the Customer terminates its connection under this
Attachment due to a breach of the contract by MCI;
- If MCI must disconnect service to the Customer due to
any reason not resulting from a breach of the
Agreement by Customer;
- If Customer terminates pursuant to Section II.B.4 of
this Attachment 3, following a rate increase
3. Upgrades/Downgrades. Customer may change to a fixed
rate of DS3 connectivity utilizing the internetMCI
Fixed Rate DS3 service at any time during the term of
this Agreement. If Customer disconnects service
within six (6) months of changing the DS3 interface
of Customer's connection, any applicable termination
charge will be based on the DS3 interface used
immediately prior to such downgrade. To exercise its
right under this provision, the Customer must provide
written notice to MCI at least thirty (30) days in
advance, in the manner specified in Attachment 2.
[END OF ATTACHMENT 3]
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ATTACHMENT 4
MCI TELECOMMUNICATIONS CORPORATION AND AFFILIATES
POLICY AGAINST SPAMMING (1)
MCI and its affiliates provide to business and consumer users several
information technology related services, including such service as Internet
access, various electronic mail (email) packages and services, World Wide Web
website hosting arrangements, and other online and Internet-related services.
It is contrary to MCI policy for any user of any of these services to effect or
participate in any of the following activities through an MCI-provided service:
1. To post ten (10) or more messages similar in content to Usenet or other
newsgroups, forums, email mailing lists or other similar groups or lists:
2. To post to any Usenet or other newsgroup, forum, email mailing list or other
similar group or list articles which are off-topic according to the charter or
other owner-published FAQ or description of the group or list;
3. To send unsolicited emailings to more than twenty-five (25) email users, if
such unsolicited emailings could reasonably be expected to provoke complaints.
4. To falsify user information provided to MCI or to other users of the service
in connection with use of an MCI service.
5. To engage in any of the foregoing activities by using the service of another
provider, but channeling such activities through an MCI account, remailer, or
otherwise through an MCI service or using an MCI account as a maildrop for
responses or otherwise using the services of another provider for the purpose of
facilitating the foregoing activities if such use of anothers party's service
could reasonably be expected to adversely affect an MCI service;
MCI considers the above practices to constitute abuse of our service and of the
recipients of such unsolicited mailings and/or postings, who often bear the
expense. Therefore, these practices are prohibited by MCI's terms and conditions
of service.
--------
(1) This policy is included in this Agreement for the Customer's information
purposes and constitutes the policy as its exists at the time of execution of
this Agreement. This policy is subject to change upon public posting by MCI and
without the agreement of the Customer.
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Engaging in one or more of these practices will result in termination of the
offender's account and/or access to MCI services.
In addition, MCI reserves the right, where feasible, to implement technical
mechanisms which block multiple postings as described above before they are
forwarded or otherwise sent to their intended recipients.
This policy addresses only the kinds of network abuse specifically enumerated
above. In addition to these activities, MCI's terms and conditions of service
also prohibit other forms of abuse such as harassment and the posting of illegal
or unlawful materials, and MCI will respond as appropriate to these other
activities as well.
Nothing contained in this policy shall be construed to limit MCI's actions or
remedies in any way with respect to any of the foregoing activities, and MCI
reserves the right to take any and all additional actions it may deem
appropriate with respect to such activities, including without limitation taking
action to recover the costs and expenses of identifying offenders and removing
them from the MCI service, and levying cancellation charges to cover MCI's costs
in the event of disconnection of dedicated access for the causes outlined above.
In addition, MCI reserves at all times all rights and remedies available to it
with respect to such activities at law or in equity.
If you have any questions regarding this Policy on Spamming, please contact
policies@internetmci.com.
[END OF ATTACHMENT 4]
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ATTACHMENT 5
internetMCI DEDICATED ACCESS SERVICE OBJECTIVES
1. SCOPE OF COVERAGE.
The internetMCI service objectives apply only to service outages related to
Customer's access port, the router to which the access port is connected, and to
any network transport on MCI's Internet backbone (the "internetMCI BIPP"). The
scope of coverage excludes, without limitation, all other public Internet
backbones and networks, any server on the Internet, customer premise equipment
("CPE") and local access and backhaul facilities from the customer to their
assigned router, which is the point of demarcation for purposes of these service
objectives, and packet delivery to or from the Internet, including Frame Relay
access.
2. PERFORMANCE OBJECTIVE
MCI will use diligent efforts to ensure that eligible trouble tickets isolated
to exist on the internetMCI BIPP will be resolved in ninety (90) minutes or
less. Failure to meet this objective may make Customer eligible for a Service
credit to be applied to Customer's next regularly-scheduled invoice for MCI
Dedicated Internet Access Service. Processing of any Customer credit will be
done by the appropriate MCI account sales team, who will apply the applicable
credit parameters contained herein.
3. MEASUREMENT OF THE OBJECTIVE
Mean-Time-To-Restore ("MTTR") is the measurement that will be used to measure
the performance objective. MTTR will be calculated on a per occurrence basis,
starting with the opening by Customer of a trouble ticket and ending when MCI
makes its first attempt to notify Customer of restoration of the Service.
One of three levels of trouble ticket severity will be assigned to each ticket,
depending on the impact of the service issue to Customer's business:
o Severity 1 - System down - Cannot PING to any host - complete access
router, access port failure or BIPP logical routing error;
o Severity 2 - System partially down - Can PING to some hosts - partial
access router or port failure,
o Severity 4 - Informational - CPE work or other.
Only trouble tickets that are classified by MCI as Severity 1 conditions may
make Customer eligible for Service credits under this Agreement.
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4. CUSTOMER REPORTING PROCEDURES
At the time Customer believes that they are experiencing an out-of-service
condition, a trouble ticket should be opened be calling the designated internet
Network Operations Center ("iNOC") trouble line. Once the ticket has been
opened, the appropriate MCI organizations will initiate diagnostic testing and
trouble isolation activities to determine if the difficulty is related more
closely to access, the local loop, backhaul to an internetMCI BIPP gateway or by
CPE. If the trouble is diagnosed as one which may be within the internetMCI
BIPP, responsibility and management of that ticket will be assumed by the iNOC.
If a determination is made that the cause of the customer's service outage is a
problem related to the internetMCI BIPP (e.g., logical routing) and the outage
duration exceeds the MTTR objective, Customer may be eligible for a Service
credit.
Responsibility for trouble ticket initiation rests solely with Customer, with
follow up to be the joint responsibility of Customer and the MCI account sales
team. No service credits can be extended for any customer outage unless a
trouble ticket has been opened with the MCI iNOC. In addition, Customer must
request a credit from the MCI account sales team.
5. OTHER EXCLUSIONS
As provided in Section 1, the service level objectives contained herein cover
only those Customer outages which occur on the internetMCI BIPP, using MCI's
border router as the point of demarcation. The service level objectives apply
only to out-of-service conditions and do not apply to service interruptions,
degradation of service, packet loss, or sub-optimal performance on the
internetMCI BIPP Measurement of outages will be as provided in Section 3. In no
case will PING Tests performed by customers be recognized by MCI as a valid,
measurable criterion for outage determination for the purposes of establishing a
Service credit hereunder.
The service level objectives contained herein apply only to internetMCI
Dedicated Access customers. They do not apply to Internet Service Providers
("ISPs") who have a "peering" relationship with MCI nor do they apply to Concert
InternetPlus Service. For the purpose of this Agreement, "peering" is defined as
the exchange of customer packets at the network level between an ISP and MCI,
either at a public interconnection point (NAP), or through a direct connection
with MCI.
Under no circumstances will credits be given for outages involving:
(a) trouble tickets associated with new installations (i.e., before
service acceptance by Customer);
(b) trouble tickets erroneously opened by the Customer;
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<PAGE>
(c) outages arising from required Customer circuit release for testing;
and
(d) trouble tickets opened by Customer for circuit monitoring purposes
only.
6. CUSTOMER'S REMEDY FOR MCI'S FAILURE TO MEET SERVICE OBJECTIVE
Customer may be entitled to receive certain credits for covered outages of the
Service which are the fault of MCI. To be eligible for a credit hereunder,
Customer must follow the trouble reporting procedures established above, the
covered outage must exceed the MTTR objectives, and Customer must request a
credit from the MCI account sales team. No credit will be given unless the
actual MTTR for an eligible Severity 1 trouble ticket exceeds ninety-one (91)
minutes. Customer's Service credit will be a prorated amount dependent upon the
length of the service outage and Customer's Monthly Recurring Charge ("MRC") for
the Service, as follows:
Length of Service Outage Amount of Credit
0 to 90 minutes none
91 minutes to 5 hours 1 day's prorated portion of MRC
more than 5 hours 3 days' prorated portion of MRC
Customer may receive no more than one such credit for the twenty-four (24) hour
period beginning with the opening of the trouble ticket, even if more than one
outage occurs during that period. Customer's total credit in any month shall not
exceed Customer's total MRC for the Service for the month in which the credit is
to be applied. Residual credits may not be carried over to subsequent months.
THIS CREDIT SHALL BE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY SERVICE OUTAGE
OR ANY MCI FAILURE TO MEET THE SERVICE OBJECTIVES.
[END OF ATTACHMENT 5]
SCHEDULE PURSUANT TO RULE 601(a) UNDER REGULATION S-K
As permitted by Rule 601(a) under Regulation S-K under the Securities Act, we
have omitted the following agreements from this filing:
1) internetMCI Dedicated Access Agreement, effective April 16, 1998, between
SAVVIS Communications Corporation and networkMCI, Inc. (served location:
Atlanta, Georgia)
2) internetMCI Dedicated Access Agreement, effective April 16, 1998, between
SAVVIS Communications Corporation and networkMCI, Inc. (served location:
New York, New York)
3) internetMCI Dedicated Access Agreement, effective April 16, 1998, between
SAVVIS Communications Corporation and networkMCI, Inc. (served location:
Dallas, Texas)
4) internetMCI Dedicated Access Agreement, effective April 16, 1998, between
SAVVIS Communications Corporation and networkMCI, Inc. (served location:
St. Louis, Missouri)
5) internetMCI Dedicated Access Agreement, effective April 16, 1998, between
SAVVIS Communications Corporation and networkMCI, Inc. (served location:
Los Angelos, California)
6) internetMCI Dedicated Access Agreement, effective September 22, 1998,
between SAVVIS Communications Corporation and networkMCI, Inc. (served
location: Chicago, Illinois)
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