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KC NAP, LLC ™ 1102 Grand, Suite 604B, Kansas City MO, 64106 · 816-842-0606 Multi-Lateral Peering Agreement and Contract. Ver 1.0a WHEREAS, KC NAP, LLC provides and facilitates connectivity in bulk from multiple information providers, Peering Partners, Internet Carriers and others connected to the Internet, and peers or redistributes or resells their services at a discount; KC NAP, LLC offers storage and transfer services over the Internet through access to the provider’s network so attached.
KC NAP, LLC ™ makes a distinction between peering governed by this contract and transit, co-location and hosting services governed under our DEDICATED ACCESS, INTERCONNECT and HOSTING AGREEMENT. This contract specifically covers peering arrangements and peering partners. Internet Service Providers and Internet Carriers wishing to participate in peering with the KC NAP, LLC must agree to abide by the terms of this Multi-Lateral Peering Agreement, as follows: The Multi-Lateral Peering AgreementIn order to improve the efficiency, performance, and consistency of Internet service in the Midwest area and of the Internet generally, the following is agreed to: All NAP peering partners agree to advertise all customers' routes to the NAP's route arbitrator for all BGP IP address ranges handled under each participant's ASN. BGP routes will not be advertised for IP address ranges that have not been assigned to the advertising ISP from the appropriate authority: ARIN, InterNIC, or IANA (Internet Assigned Number Authority), or their upstream carriers. Peering Partners agree to accept BGP route advertisements from the KC NAP's route arbitrator. Peering Partners agree to exchange and accept traffic to and from all other NAP peers as advertised by the NAP's route arbitrator. Peering Partners are not obligated to transit traffic for any other NAP peers, i.e., Peering Partners are not obligated or expected to pass traffic onto backbone connections or other ASN's not belonging to a customer or peering partner. Peering Partners must maintain a transit connection to the Internet for all traffic not transported to the KC NAP. This transit connection must be sufficient to carry all non KC NAP traffic. An exclusion to this section is made if the KC NAP is providing transit services, in which case additional bandwidth charges will apply. All agree that traffic shall not be filtered or tampered with nor shall it be examined for content by the NAP or anyone peering at the NAP. This provision is modified only to the extent required to overcome emergency conditions in the form of attacks and other vulnerabilities where all partners may protect their networks. The NAP shall be treated as a common carrier point. No monetary settlements for peering are required by this agreement. Charges may be made for transit, space, power and equipment port charges as governed in the Interconnect Agreement. Further, Internet Service Providers and Internet Carriers (hereafter clients), wishing to connect to the KC NAP, LLC (hereafter KCNAP) are governed under the following additional terms and conditions: A. Taxes: KCNAP shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from client or the use of the services. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold. KCNAP will invoice tax amounts it is required to collect, at cost, where applicable.
B. Speeds: All clients will connect to the KCNAP at Ethernet speeds not less than 10 Mbs half duplex. Customers requiring a lesser connection should seek it from a peering partner. Connection speed represents the speed of a connection to KCNAP and does not represent guarantees of available end-to-end bandwidth. KCNAP expressly limits its damages to the client for any non-accessibility time or other down time to the prorated monthly charge during the system unavailability, or to the provisions of our up-time guarantee. KCNAP specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
C. Trademarks & Copyrights: Client warrants that it has the right to use the applicable trademarks, if any, and grants KCNAP the right to use such trademarks in connection with the services and other connections provided for the client.
D. Hardware, Equipment & Software: The client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access KCNAP. KCNAP makes no representations, warranties or assurances that the Customer's equipment will be compatible with our connections, routers, and/or servers, but will provide advice as to equipment known to be compatible and assistance in making connections. In some instances equipment and/or software owned by KCNAP would be placed, with permission of the client, at the client premises to facilitate client connectivity or to provide secure links. Further equipment known to be compatible will in some cases be offered as an incentive via loan, direct gift, and or rebate. Unless noted, such equipment is retained by KCNAP if service is terminated. KCNAP reserves the right to charge the client a non-recurring fee for interconnecting client owned equipment if necessary. Both parties are responsible for providing full time electrical power and access to the equipment placed at each other’s premises during business hours, and on an emergency basis 24/7/365, such access under supervision if necessary. KCNAP or client service may require access to the roof, access closets, telephone rooms and common areas. Client is responsible for site negotiations and/or fees to arrange such access. All client use of chases ducts, wire closets and other access is governed under the Meet Me Room (MMR) Policy Agreement of the Bryant Building. KCNAP reserves the right to over-provision sites at its own expense to meet anticipated demand or to provide additional redundancy or security for the network. Should this contract be terminated, the aforementioned equipment and or software will be returned in good condition, normal wear and tear excepted. Equipment of this nature will be listed In Exhibit “A” (if applicable.)
E. Special Provisions, Liability and Scope: 1. KCNAP will exercise no control whatsoever over the content of the information passing through the network. KCNAP provides services and connections to the Internet, makes available Server space, and provides consulting. KCNAP does not own or control the Internet and makes no warranties or representations of any kind, whether expressed or implied, for the Internet service it is providing or as to the nature of the Internet. KCNAP also disclaims any warranty of merchant-ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause, or errors or omissions of the client. Use of any information obtained by way of KCNAP is at the client's own risk, and KCNAP specifically denies any responsibility for the accuracy or quality of information obtained through its services.
2. Client expressly agrees that use of the connection or service is at client's sole risk. Neither KCNAP, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that KCNAP's service will not be interrupted or error free; nor do these make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the KCNAP service, unless otherwise expressly stated in this Agreement. Notwithstanding the provisions of this section, KCNAP will use its best efforts to maintain, diagnose and supervise the connections to the client to provide a minimum FORMTEXT 99.9% uptime for the connections supplied. Connections or services that are unavailable, except as provided by the maintenance of those services, and section E-3, will be compensated by a two-for-one replacement of the time involved. Should the failure be caused by KCNAP upstream providers, the two-for-one replacement provision is void, and credit will be based on actual time involved. Maximum credit is one half months invoice amount. The credit for this will be placed on the following month’s invoice.
3. Maintenance provisions: All computer equipment requires periodic maintenance. As such, a maintenance window of 10 minutes per 24 hours is considered reasonable and expected downtime. Such maintenance will normally be performed at low utilization hours, such as nighttime and early morning, or at such times as are mutually agreed upon. Additional maintenance may from time to time be scheduled with prior notification to the client. Should the client require exceptionally high availability (such as during trade shows or other marketing or public demonstrations), a bypass of the maintenance provisions is acceptable with 24 hours notice.
4. Back-ups: client will perform regular backups of the client data, both in electronic and physical form, and will, if required, roll back a site to the last known good backup. Client is ultimately responsible for offsite and critical backups, and should maintain their own copies of all working files. An FTP connection to the client files is available for this purpose.
5. Under no circumstances, including client negligence, shall KCNAP, its officers, agents or any one else involved in creating, connecting, producing or distributing the connection or service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to KCNAP's or the information provider’s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on the service.
6. Notwithstanding the above, client's exclusive remedies for all damages, losses and causes of actions, whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which client paid during the term of this Agreement and any reasonable fees for binding arbitration.
7. Additional Special Provisions: See Exhibit “B” £ (Check if attached) FORMTEXT
F. Age: The Customer certifies that he or she is at least 18 years of age, or a legal organization empowered to do business in Kansas City, MO, USA.
G. Termination: Either party, without cause, may terminate this Agreement by giving the other party 31 days written notice. Financial penalties may apply. Notwithstanding the above, KCNAP may terminate service under this Agreement at any time, without penalty, if the client fails to comply with the terms of section E of this Agreement, and/or our posted terms and conditions as identified in this contract. Due to network design, if other KCNAP clients are provisioned off of common equipment and/or locations, up to 90 days will be allowed to re-provision these clients.
H. IP Space: Internet Address numbers are controlled by ARIN (American Registry for Internet Numbers) and other governing bodies and may from time to time be changed. Even in cases where fixed IP’s have been secured, it may from time to time be necessary to renumber due to network restructuring and or changes mandated by upstream connections. In such cases KCNAP will use best efforts to help facilitate the change in a timely and prompt manor. For customers with 8 or fewer numbers this service is included without additional charge. Clients with 9 or more numbers will be billed for the labor time involved in the change at $125 per hour. ARIN rules require clients to justify IP numbers requested. KCNAP will provide assistance in meeting client numbering needs, or will provide private IP space. Short disruption of service needed to renumber or relocate equipment will be considered normal under the maintenance provisions in section E-3 above.
KC NAP LLC will provide IP space to those providing justification at an above the /30 normally provided to connecting networks. It is recognized that /24 and above address blocks will be required for BGP advertised routes. Clients may exchange IP space with KC NAP, LLC as required for efficient network operation. Such exchanges will be made without charge.
Assignment of Private IP space: Client agrees to the coordinated management of the 172.16.0.0 to 172.31.255.254 address space by the KCNAP. Client is aware that the KCNAP intends to provide overlay networks using this space and will route it internally. There is no requirement for the client to further route this private space, but the client may not assign it outside of coordinated use with KCNAP.
Assignment of IP6 address space: It is the KCNAP intention to provide IP6 functionality by connection to the T-Bone and other IP 6 backbones. IP6 connections are governed under a separate supplemental contract.
I. Meet Me Room Interconnects:
Client agrees that the Meet Me Room (MMR) located in suite 604A is under the control of the Bryant Building and will abide by the terms and conditions of use specified by the Bryant Building and its management representatives. KC NAP, LLC will help facilitate interconnects in the Meet Me Room and provide all parties requiring such interconnects assistance as needed to facilitate connections. All connections in the MMR must be clearly marked, and a 24-hour telephone number must be provided for support purposes. Client agrees to surrender ID badges, keys, access cards and other issued resources and to remove their equipment in a timely manner if this agreement is suspended or revoked, or after it has run to term. Any equipment left in the MMR for more than 60 days after notice to remove will be considered abandoned in place. All equipment, assets and resources placed in the MMR may not be encumbered without identification of any lien holder. Client must provide insurance under its building lease terms for their equipment placed in the MMR. Insurance requirements are the sole responsibility of the client. All clients agree to make no connection in the MMR without identification of that connection to the KC NAP, LLC and / or Computers and Tele-Comm, Inc., the MMR agents for the owners of the Bryant Building (1102 Grand, LLC).
J. Lawful Purpose: Client may only use the services for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material; material legally judged to be threatening, obscene, pornographic, or profane; or material protected by trade secrets. This also includes links or any connection to such materials. All parties considered common carriers including KC NAP, LLC are exempt from this provision so long as they comply with and help facilitate the timely execution of all International, Federal, State and Local laws to which they may be subject.
K. Indemnification: Client agrees that it shall defend, indemnify, save and hold KCNAP and the information provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against KCNAP, its agents, customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed, or any product sold by client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless KCNAP and the information provider against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with the services; (ii) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which client sold via the services.
L. Contract Revisions: Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the client on renewal of the Contract. KC NAP, LLC ™ Financial Arrangements will be maintained should the contract be renewed for term. Shorter periods of renewal go to a month-to-month status. In cases where contracts revert to month-to-month status the normal and prevailing rate for the term of service may be applied if the renewal does not run to the original term.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services.
This Agreement shall be governed and construed in accordance with the laws of Missouri and of the Internet.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated below.
Client Name:________________________________ Port: _____ Charge:______/mo. Address:___________________________________ Electric AC Amps:___________ City: ______________________ St:___ Zip:_______ Electric DC Amps:___________ Rack Space: _____ Rate:_____ Phone:____________________ Fax:____________ Other: ____________________
Designated Representative:____________________ Phone:____________________ Emergency Contact:__________________________ Phone:____________________
___________________________________________ _____________________ Client Signature Date
___________________________________________ _____________________ KC NAP, LLC. Signature Date
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