Internet DSL Services
Digital Subscriber Line (DSL) is a technology that enables high-bandwidth access to the Public Internet (Level 3) over ordinary copper telephone lines. The Companys Internet DSL Services connect Customers to the Telco network (which is owned by a Competitive Local Exchange Carrier (CLEC)) using DSL local loop technology to access the Company's Internet Protocol (IP) network (the points of presence, network hubs, and host computers utilized to provide an Internet access service hereinafter collectively referred to as the Network), via a Telco network rather than direct connection to the Company's Network. The Service is available in the U.S. Mainland subject to availability based on the Customers geographic location and the condition of the Telco wiring at that location. In the case of On-Net DSL, the Companys ownership of the DSL network facilities facilitates end-to-end control over DSL service delivery. In those markets where access is provided to the Network but Telco line access circuits (local loops) are required (Off-Net DSL), the Company partners with third-party DSL providers to provide seamless Internet DSL service.
1. Service Options: Two Internet DSL Services options are available:
1.1 Internet DSL Office is a multi-end-user Internet access service which accesses the Network via DSL modem or DSL router in symmetric bandwidth at 128 kbps, 384 kbps, 768 kbps or 1 Mbps service speeds. The Customer must select a service speed at the time of service subscription. The Customer may downgrade to a lower service speed upon 30 days prior written notice to the Company. Network architecture is a 4:1 over-subscription rate. Static, pre-assigned IP addressing is provided.
1.2 Internet DSL Solo is a single-user Internet access service which accesses the Network via DSL modem in asymmetric (ADSL) bandwidth in 384 kbps download/128 kbps upload speeds. Network architecture is a 12:1 over-subscription rate.
2. Installation:
2.1 Internet DSL Office: Standard installation by the Company may be scheduled between the hours of 8 A.M. and 8 P.M. Eastern time, Monday through Friday, excluding holidays.
2.2 Internet DSL Solo: Internet DSL Solo is installed by the Customer. The Company provides the Customer an install kit that guides the Customer through the installation process, including installing the modem, connecting to PCs, and setting up phone jacks for line sharing.
The definitions contained in the General Terms and Conditions for Internet, Enhanced and Other Non-Telecommunications Products and Services apply to Internet DSL Services, which pursuant to this Definitions Section, may herein be referred to individually as a Service or collectively as Services.
1. Standard Features: The following standard features are available.
1.1 Internet DSL Office: The following standard features are provided:
IP addressing: Static, pre-assigned.
IP addresses: Up to 128 per location.
DNS Hosting of Domain
Hosted POP3 e-mail boxes: Up to 20 per location.
Newsreader: Up to five concurrent accounts per location.
1.2 Internet DSL Solo: The following standard features are provided:
IP addresses: Two per location
Newsreader: One account per location
2. Optional Features: No optional features are available.
3. Optional Term Plans: Customer may subscribe to the following optional term plan.
3.1 DSL Bundled Pricing Optional Term Plan:
3.1.1 Description of Service: Internet DSL Office including a DSL router purchased from the Company.
3.1.2 Term of Service: Customer must subscribe under a Service Term of one or two years.
3.1.3 Rates and Charges: Unless otherwise specified in Section IV.A.4.1, the rates and charges in Section IV.A apply.
3.1.4 Other Conditions:
A. Early Termination: Customers who terminate service prior to the expiration of the term of service for a circuit will be billed and required to pay a charge 75 percent of the monthly recurring charge applicable to that circuit under this plan for each monthly period remaining in the term of service.
B. Equipment Terms and Conditions. Customer receives title to the DSL router provided under this plan upon plan enrollment.
4. Equipment: Customer may purchase a DSL modem or router (Equipment) from the Company for the charges set forth in Section IV.2, below, or Customer may provide its own DSL modem or router, which must be fully compatible with the Service.
IV. TERMS AND CONDITIONS
Internet DSL Services are governed, in prevailing order, by any terms and conditions set forth in the Customer Agreement, the Terms and Conditions set forth immediately below, and by the General Terms and Conditions for Internet, Enhanced and Other Non-Telecommunications Products and Services set forth in the Guide (the General Terms and Conditions).
1. Service Term Commitment. The time period during which Company shall provide the Service is the Service Term, which commences upon the Service Activation Date (defined below). By its execution of a Service Agreement or a subsequent Service Order Form, unless otherwise set forth in the Customer Service Agreement, Customer is committed to a minimum one year Service Term unless it chooses an extended Service Term of 2 or 3 years.
2. Service Activation Date. The Service Activation Date will be the date the Company notifies Customer that the DSL local loop connection is available to route IP packets at Customers site.
3. DSL Local Loop Connections. DSL local loop connections between Customers location and Company will be arranged by the Company, and are provided through a local exchange carrier. Customer authorizes Company to act as its agent with respect to the ordering, installing, monitoring, testing, repairing, and performing all related activities regarding the local exchange carrier and the DSL local loop connection. Customer further authorizes Company and its suppliers, including the local exchange carrier, to obtain access to Customers premises at mutually convenient times in order to install, monitor, test, repair, or perform related activities regarding the DSL local loop connection and other Service components.
4. End Users, Resale and Hosting. Customer shall be responsible for all end users compliance with the applicable requirements of the Service Agreement. Connectivity is provided to Customers organization only. Resale to or use by persons or entities outside of Customers organization is prohibited. Customer agrees that the Companys Internet DSL service shall not be used to resell web hosting services. The Company may suspend the service or terminate this Agreement effective upon notice for a violation of this prohibition. Customer is permitted to use this Service to host a web site, but this Service, particularly ADSL, is not suitable and not recommended for hosting high-volume or mission-critical websites.
5. Failed Dispatch. The Company may bill the missed appointment set forth in Section IV.A.3.2 when a technician is dispatched and cannot complete an installation because Customer (a) does not make the appointment; (b) requests rescheduling or cancels upon arrival; or (c) has not arranged for access to the telephone box or Network Interface Device and it is inaccessible. To avoid the missed appointment fee, Customer must reschedule at least two business days before the scheduled appointment time.
6. Technology Change. The Company will attempt to provision Service initially using ADSL Line-sharing technology with a Customer-installed DSL modem. In some instances, when the condition of the DSL local loop connection and related service components for Customers location does not support this technology, the Company will attempt to provision the Service using a second-loop IDSL technology with onsite DSL modem installation by Company. The Customer will be notified in those cases when IDSL technology will be used.
7. Service Level Agreement. The Service Level Agreement (SLA) for this service is set forth on the Service Level Agreements website at www.MCI.com/uunet/terms/ (or other URL designated by Company). The Company reserves the right to amend the SLA from time to time effective upon posting of the revised SLA to the URL or other notice to Customer; provided that in the event of any amendment resulting in a material reduction of the SLAs service levels or credits, Customer may terminate the affected Service without penalty by providing Company written notice of termination (pursuant to the Notice provision of the General Terms and Conditions) during the 30 days following such amendment. To be eligible for credits under this SLA, Customer is required to have a minimum one-year term for the Service. Customer is required to report a non-conformance of the SLA within 30 business days of the incident with a request for credit or the ability to receive a credit for such non-conformance will be waived. The Companys records and data shall be the basis for all SLA calculations and determinations. The SLA sets forth Customers sole remedies for any claim relating to this Service or the Network, including any failure to meet any service level set forth in the SLA. Notwithstanding anything to the contrary, for any given month, the maximum credit available to Customer is an amount equal to (a) a one-time, one month credit of the monthly Service charges for a missed Install SLA, plus (b) the amount equal to one days worth of monthly Service charges no matter how many other Company Internet DSL Solo service levels are missed that month.
8. Equipment Terms and Conditions. The Company is acting only as a reseller with respect to the Equipment, which was manufactured by a third party (Manufacturer). The Company will provide first-level support for Equipment, but will not repair or replace Equipment. Customers use of the Equipment is subject to the terms and conditions of the Manufacturers end user agreement. Should Customer purchase Equipment from the Company, Company or its suppliers will provide the current approved version of the Equipment to the Customer