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Network Services Terms & Conditions North America (Ver.3 - 07116) 0 Cogent Communications, Inc. 2016
<br />Confidential
<br />DEFtNrri NS
<br />AUP COGENT's Acceptable Use Policy as posted by COGENT at rlww.cogentco,conl. COGENT reserves the right to amend its
<br />AUP at any time, effective upon posting on the COGENT website.
<br />COGENT Cogent Communications, Inc. or its subsidiaries or affiliates.
<br />COGENT The telecommunications network and network components owned, operated or controlled by COGENT, including
<br />Network COGENT's fiber backbone, metropolitan fiber networks, any equipment connected to such fiber, and the software, data and
<br />know-how used by COGENT to provide the Services. Where COGENT services a building through its own facilities, the
<br />COGENT Network includes those facilities. The COGENT Network does not include customer premises equipment,
<br />customer -ordered telephony circuits, and any networks or network equipment not operated and controlled by COGENT.
<br />Cnstomer Customer identified in the attached Order Form.
<br />CS The entire Customer Subscriber Agreement between COGENT and Customer for provision of the Service, consisting of, in
<br />order of priori€y, the Order Foil, any addendum between the Parties, the Terms, the applicable product rider and the SLA.
<br />Equipment Customer's equipment, if any.
<br />Force Majeure Causes beyond a Party's control, including but not limited to: acts of Gad; tire; explosion; vandalism; cable cut; storm; flood or
<br />other similar occurrences, any law, order, regulation, direction, action or request of ally gOvenlntellt, including federal, state,
<br />provincial, municipal and local governments claiming jurisdiction over a Party or the Service, or of any department, agency,
<br />commission, bureau, corporation, or other instrumentality of any such government, or of any civil or military authorily; national
<br />emergencies; unavailability of materials orrights-of-way; insurrections; riots, tenmist acts or wars (declare(/undeclated); or strikes,
<br />lock -onus, work stoppages, or other lobo€ difficulties, supplier futures, shortages, breaches or delays.
<br />Initial Costs Greater of (a) installation fees (if not paid); or (b) all third -party costs and charges incurred by or charged to COGENT on
<br />behalf of Customer for the Service, including but not limited to local loop fees, cross -connect charges, and wiring fees.
<br />Initial Term Initial length of term for the Services as indicated on the Order Fonn,
<br />Landlord Customer's landlord, building owner or propertyrItelecom manager,
<br />Losses Costs, fees, liabilities, losses, damages or penalties, including reasonable legal fees.
<br />Order Form Cover form to which these Terms are attached, identifying the specific Service(s) to be delivered. .
<br />Parly of Parties COGENT and/or Customer.
<br />Renewal Term Subsequent length of terns for the Services after completion of the Initial Terns,
<br />sell,€ce(s) Bandwidth services provided by COGENT under the Custamer Subscriber Agreement.
<br />Service Date Earlier of date oil which (a) COGENT notifies Customer that the Service is available for Customer's use at either the
<br />COGENT -defined demarcation point or last -available test point; or (b) Customer first uses the Service or the COGENT
<br />Network. The Requested Service Date on the Order Form is the carlicstdate on which Customer is willing to accept COGENT
<br />Service. COGENT does not guarantee that the Service will be installed on the Requested Service Date,
<br />SLA The Service Level Agreement as posted by COGENT at nww.cooentco.com for Customer's Service(s). COGENT reserves
<br />the right to arlend the SLA at any time, effective upon posting on the COGENT website.
<br />Space Rented rack space From COGENT, if any.
<br />Tax or Taxes All taxes arising in any jurisdiction, including without limitation all: sales, use, excise, gross receipts, value added, access,
<br />bypass, franchise, telecommunications, property (for co -location customers), consumption, or other taxes, fees, duties, charges
<br />or surcharges (however designated) which are imposed on or based oil the provision, sale or use of the Service(s), including
<br />such taxes imposed directly on COGENT or for which COGENT is permitted to invoice Customer in connection with
<br />COGENT's perfonnance tinder the CSA. Taxes do not include COGENT's income taxes.
<br />Termination Single payment equal to the total remaining dollar value of the applicable Service order through the Initial Tenn or Renewal
<br />Charge Term, as applicable.
<br />Terms Terms and conditions that apply to tile Services COGENT provides to Customer.
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<br />Cogent Communications, Inc. 2450 N Sl., NW, Washington, D.C., 20037 202.295.4200 www.covenico.conl
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