Part I: Rates and Charges.

Part II: Service Description and Requirements.

Part III: Terms and Conditions.

Part IV: Service Level Agreement

Part V: Definitions

 

Part I:  Rates and Charges. 

 

1.      Details.  Customer will pay the monthly recurring charges (“MRCs”), which are fixed for the Service Commitment, and non-recurring charges (“NRCs”) for Managed LAN Services (“MLAN Services”) as specified below and in the applicable Service Order.  Customer will pay additional MRCs, which are fixed for the Service Commitment, and NRCs for any equipment management required or for optional services or features that may be ordered by Customer under the Contract. 

2.      Administrative Charges.  The following Administrative Charges are applicable to MLAN Services.  Additional administrative charges (shown as “Ancillary Charges”) are found in the Online Master Terms.

 

 

3.      Device Management.  Customer will pay the applicable MRCs and NRCs for “Switch Management” (as set forth in a Service Order) based on management type and size of LAN Switch. Management Types available:

3.1             Monitor and Notify.

3.2             Physical Management.

3.3             Full Management.

4.      Managed LAN Switches.  The Managed LAN switch sizes are listed below and apply to the rates shown in a Service Order.  Network device models not identified here are “non-standard CPE.”  Verizon may impose different terms for MLAN Service that it provides for nonstandard CPE, or decline to provide MLAN Service for nonstandard CPE in whole or in part, at its sole discretion.

4.1             Small:

·        CISCO: 2XXX Series

·        JUNIPER: EX2XXX Series

·        ADTRAN: 1234 Series

4.2             Medium:

·        CISCO: 3XXX Series, 4XXX Series

·        JUNIPER: EX3XXX Series, EX4XXX Series

·        ADTRAN: 1238 Series

4.3             Large:

·        CISCO: 6XXX Series

·        JUNIPER: EX8XXX Series

5.      One-Time Management Charges.  Optional Change Management (“OCM”) provides additional remote change management support for MLAN Service for the NRC shown below.  Customer can order specific OCM activities through the Verizon Customer Portal.

 

 

6.      Implementation, Feature, and Option Charges.  Upon Customer’s order, Customer will pay the NRCs and MRCs, as applicable, shown in the Service Order for Optional Reporting, Network Analysis (Full Management), Network Engineering (Full Management), Routing Support, and Wireless Out of Band.  Implementation and other feature and option charges are shown below.

6.1             Changing Levels Service.  If Customer elects to change their level of Managed LAN Service in accordance with the “Changing Levels of Service” paragraph below, the NRC and MRC will be shown in a new Service Order.

6.2             Managed Implementation or Take-Over Charges.  Depending upon network readiness, additional equipment or equipment upgrade may be required.  Equipment costs are not included in the NRC shown in a Service Order.  CPE is provided under a separate service attachment.  The NRC shown in the Service Order applies per LAN Switch.

 

Part II:  Service Description and Requirements. 

 

1.      General.  MLAN Service is a LAN switch management solution which extends the demarcation point of the MLAN Service to the access ports on the LAN Switches, excluding internal wiring between LAN Switches.  As part of this MLAN Service Verizon may provide and configure the LAN Switches and related Out Of Band (“OOB”) access device.  The demarcation point of the MLAN Service will be the access ports on the LAN Switches.  Certain LAN Switches have network modules or network management functionality as stated in the SOR, as defined below, and management of such functionality is not included in MLAN Service.  Words and phrases defined in the applicable Service Order and Online Master Terms shall have the same meaning in these terms.  MLAN Service is only available to new or existing Managed WAN Customers, as applicable.        

2.      MLAN Service Management Levels. 

2.1             Monitor and Notify.  Monitor and Notify provides the following services:

2.1.1        Monitoring.  Verizon provides proactive monitoring of all Customer-designated LAN Switches 24 hours a day, seven days a week.  Verizon will monitor Customer’s LAN Switches via use of the SNMP for status and error conditions (e.g.  SNMP trap messages).  Additionally, Verizon will use the internet control message protocol (“ICMP” commonly called a “ping”) to periodically poll the LAN Switches to determine if the LAN Switch is operational.

2.1.2        Notification.  Verizon provides basic fault management notification for Customer’s LAN Switches.  Verizon’s network operation center (“NOC”) will create a trouble ticket and attempt to notify Customer’s designated point of contact within 15 minutes of a i) LAN Switch failure to respond to pings and ii) SNMP Trap critical message, as determined by Verizon Notification services based on the International Standards Organization (“ISO”) Management Framework.  Verizon will attempt to notify the Customer’s designated point of contact via either e-mail or pager at Verizon’s option.  Upon the creation of a trouble ticket, the NOC will i) begin troubleshooting the circuit until the problem has been verified as fixed and the ticket will then be closed, if the trouble is due to the Verizon virtual data networking circuit; or ii) for trouble due to causes other than Verizon’s virtual data networking circuit, inform Customer of the fault and close the ticket.

2.1.3        WAN Analysis Standard Select Reporting.  Verizon provides reporting services using an automated reporting and analysis tool that selects and condenses the management information base (“MIB”) data into graphical reports available on demand via an Internet web site.  All reports and information are for Customer’s informational purposes only and may not form the basis for service level agreement claims.  Customer agrees that such reports are Verizon’s confidential information.  Standard Select Reporting provides four weekly summary reports on Customer edge (“CE”) LAN performance, CE wide area network interface performance, CE WAN sub-interface performance and CE router performance.  Additionally Standard Select Reporting includes on demand reporting, including, but not limited to, CPU usage trends, tables of WAN or LAN elements showing trend variables, and a summary At-a Glance Report. 

2.1.4        Managed Services Customer Portal.  The Managed Services Customer Portal (the “Customer Portal”) is an Internet web portal that provides a secure, scalable, consolidated view of Customer network information 24 hours a day, seven days a week.  The Customer Portal provides real time access to project status, contact information, and information about LAN Switches.  The Customer Portal provides real time access to project status, contact information, and information about LAN Switches.  Customer is limited to 10 user accounts and is responsible for ensuring that all users understand and comply with Verizon’s confidentiality requirements.

2.1.5        Customer Responsibilities for Monitor and Notify Service. 

2.1.5.1         Customer is responsible for trouble isolation, diagnostics repair and maintenance dispatch of LAN Switch and associated downstream attached devices (e.g.  cabling, servers, non-managed switches, firewalls, and personal computers).  Customer is responsible for the management of all equipment connected to LAN Switches that are out of the scope of the MLAN Service.  Customer will provide the SNMP “read access community string” for all monitored LAN Switches to Verizon.

2.1.5.2         Change Management.  Customer is responsible for making and managing changes to its LAN network and any routine maintenance of LAN Switches.

2.2             Physical Management.   Physical Management provides the following services in addition to Monitor and Notify Service:

2.2.1        Design Services.  Verizon will complete the logical design in close cooperation with and agreement of the Customer.  This logical design includes, but is not limited to, proposed network topology to support immediate needs and planned growth, logical IP and addressing schemes, and protocol flows.  Network design for LAN Switches are made part of Customer’s overall network design through a statement of requirements (“SOR”).  Customer and Verizon must both approve and execute the SOR prior to change management activity. 

2.2.2        Monitoring and Management.  The NOC provides physical fault detection and monitoring services for LAN Switches.  The NOC provides coverage 24 hours per day, seven days per week.  Physical faults will be resolved by Verizon.  Logical faults are Customer’s responsibility. 

2.2.3        Change Management Activities.  Customer is responsible for making and managing changes to Customer’s LAN network and any routine maintenance of LAN Switches.

2.3             Full Management.  Full Management provides the following services in addition to Physical Management service.  Verizon is responsible to clear both logical and physical issues with Customer’s reasonable cooperation.  Verizon may clear the fault condition remotely or by dispatching a technician to Customer’s site at Verizon’s option.

2.3.1        Network Management.  The NOC provides physical and logical fault management, configuration management, security management, and monitoring services for LAN Switches.  The NOC provides coverage 24 hours per day, seven days per week. 

2.3.2        Change Management Activities.  The Standard Change Management activities shown in the Customer Portal are included in the MRC for MLAN Service at Full Management Level.

2.3.3        Customer Responsibilities for Full Management.  Customer must provide Verizon with “Privileged” access mode to all LAN Switches and must provide Verizon with the SNMP “write access community string” for all monitored LAN Switches.

3.      Implementation Options.  Depending on availability, the following implementation options may be utilized for MLAN Service.

3.1             Managed Implementation Service.  Managed Implementation brings a new Customer Managed LAN network online after the Customer’s requirements have been gathered and the design activities have been completed.  Verizon provides support for the planning, system engineering and overall project management of a new network.  Verizon will provide Managed Implementation Service in accordance with a statement of requirements (“SOR”) as agreed upon by the parties.

3.2             Managed Take-over.  Managed Take-over is available with all service levels: Full Management, Physical Management and Monitor and Notify.  With Managed Take-over, Verizon reviews, optimizes or takes over management of a Customer’s existing LAN data network.  All network data must be provided by the Customer, including, but not limited to, Customer interviews, Customer-provided network diagrams, and site-specific information.  Verizon will provide Managed Take-over Service in accordance with a separate SOR as agreed upon by the parties.  The SOR provides i) the inventory of the Customer’s network; ii) identifies any physical / logical activities required to bring the network under management by Verizon, and iii) identifies any associated costs to Customer to upgrade the network necessary to bring the network under management.  Upon Customer request, Managed Take-over may include Network Discovery, as defined below.

3.2.1        Network Discovery.  At Customer’s request, Verizon will run CPE-discovery software on Customer’s network to collect information about the CPE connected to that network.  Customer will provide Verizon with accurate information needed to determine the proper scope of the Network Discovery.  Customer represents that it has all necessary authority to have Verizon undertake the Network Discovery requested under these terms, and will indemnify Verizon and its employees, affiliates and agents against any liability if it does not.  Verizon reserves the right to stop or withhold from performing Network Discovery, at its reasonable discretion.  Customer’s sole remedy for any failure, inadequacy or other problem of Network Discovery is to request that Verizon reperform it.

3.2.2        During the transition of the management responsibility of the Customer Equipment, performance issues or a reduced functionality may be experienced by Customer.

3.2.3        For Customers with service in EMEA and Asia Pacific, Verizon provides Out of Band (OOB) modems at the Customer Site when providing a Managed Take-over (Customer must provide PSTN lines or GSM service provision (where required and available)) where the Physical Management or Full Management service level has been selected.

4.      Features and Options.  The following features and options are available under MLAN Service:

4.1             In-Band and Out of Band Access.  Verizon must have both in-band and OOB access to each managed LAN Switch to manage Customer’s LAN.

4.1.1        In-Band Access.  In-band access may be provided either i) through a Verizon Managed WAN site connected to Customer’s LAN, or ii) through Internet access using IP Sec encryption technology with Verizon Internet Dedicated – Managed service connected to Customer’s LAN (collectively, “WAN In-Band Access”).  In-band access is required at each Customer’s LAN location, or alternatively, Verizon can manage more than one Customer LAN using one WAN In-Band Access site provided that: a) all LANs are connected via Customer’s WAN; b) Customer allows Verizon management traffic to flow through its WAN as required by Verizon (e.g.  allowing certain protocols), and c) there is a WAN transport bandwidth of at least 1.544 Mbps if Verizon is managing more than 1000 LAN Switches, or 256 kbps for 1000 or less LAN Switches.

4.1.1.1         Managed WAN In-Band Access.  For Verizon Managed WAN in-band access service, Customer must contract with Verizon for Managed WAN service and a minimum of two PIP circuits into the Customer’s LAN network.  The MLAN Service and MWAN Service must both be at Full Management level for that site.  Other Managed WAN Access configurations may be available on a custom basis with Verizon approval.

4.1.1.2         Internet In-Band Access.  If Customer chooses to provide in-band access via the Internet, such Internet access must use IP Sec encryption for the management traffic.  Additionally, Customer must contract for Internet Dedicated – Managed service.  Customer may use Verizon Internet access or Internet access from a third party, with Verizon’s approval.

4.1.2        OOB Access.  OOB access, whether Wireless OOB (where available) or standard OOB access, is required for MLAN Services Full and MLAN Services Physical.  Unless using Wireless OOB, otherwise directed by Verizon, or as otherwise provided herein, Customer must provide and install at its cost either a dedicated, directly connected analog telephone connection (i.e.  not through Customer’s PBX) or indirect cable access for use by each OOB modem for troubleshooting each circuit that is part of the MLAN Services Full or MLAN Services Physical service.  The analog telephone connection must maintain a minimum 9600 bits per second connection rate for any Customer Site level SLAs to apply.  In order to ensure installation of the CPE proceeds as planned, Verizon requires details of the analog line a minimum of 14 days prior to the installation of the CPE.

4.1.3        Wireless OOB.  Where available, and at Verizon’s sole discretion, Verizon will provide a Wireless OOB service for approved LAN Switches.  Verizon will maintain each Wireless OOB in good working condition at all times during the Service Term.  If a Wireless OOB service is not operational, providing that such non-operation is not through the act or omission of Customer this will not void any Service Level Agreements (“SLAs”) provided by Verizon.  The charges for MLAN Services do not include any Wireless OOB charges.  Customer acknowledges that the Wireless OOB service will not be used for any purpose other than for OOB management by Verizon.  Disconnecting the Wireless OOB service voids any SLAs provided by Verizon.  Customer is responsible for ensuring that the Wireless OOB service are not used for any other purpose and Customer will indemnify Verizon for any call charges incurred for purposes other than OOB management by Verizon.

4.2             Changing Levels of Service.  Customer can request a change to the WLAN Service level (i.e.  Monitor and Notify, Physical, Full) for a LAN Switch, a group of LAN Switches, or the Customer Network with a new Service Order (via a Change Order). 

4.3             Optional Reporting.  In addition to Standard Select Reporting, Customer may order certain additional reporting capabilities.  Optional Reports are created per the default report schedule (e.g.  monthly reports are available for calendar month time periods).  Customer may request ad-hoc reports on a different reporting schedule from time to time at its additional cost.  Verizon will verify that the Customer Network is capable of providing the ordered Optional Reporting option prior to delivery of such option.  Any remediation required to provide Optional Reporting will be at Customer’s expense.

4.3.1        WAN Analysis Reporting.  WAN Analysis Reporting provides the following additional reporting functions using the same CPE as Standard Reporting.

4.3.1.1         Enhanced Traffic Management (“ETM”) Reporting.  WAN Analysis ETM Reporting provides three additional types scheduled device reports:

4.3.1.1.1    CE Response Path Reports: Allows reports of information such as latency for up to ten response paths per LAN Switch.

4.3.1.1.2    CE Quality of Service (“QoS”) Performance: Reports quality and performance of each differentiated services code point (i.e.  DSCP) class-of-service (“CoS”) on LAN Switches; and adds integrated QoS device support providing a consolidated view of all QoS on LAN Switches.  Reports available to be generated by Customer include: At-a-Glance (quick view), Top-N (network-wide analysis), and Trend (detailed statistical) reports with provider edge (“PE”) elements.

4.3.1.1.3    CE Network Protocol Performance: Allows Customer to define and monitor 20 Customer Network protocols and provides a report detailing the traffic volume for each of the selected protocols on the Customer Network.

4.3.1.2         Enhanced Traffic Management Select (“ETM Select”) Reporting.  ETM Select Reporting includes all the features and reports of ETM Reporting in addition to near real-time end user CE performance exceptions and alarms, near real-time trending capabilities and CE network status maps.  Customer may access scheduled and on-demand reports designed to help Customer with capacity analysis and reporting on its network infrastructure.  Statistics provided include, but are not limited to, CE CPU, memory and Interface utilization, Interface errors, and Quality of Service (“QoS”) statistics by individual Class of Service (“CoS”) queue.  For devices with Cisco IOS Customer can obtain reports on Cisco IP SLA response paths and recognized applications using Network Based Application Recognition (“NBAR”).  Customer is further able to project a visual representation of its network with performance exceptions and performance related faults.  Customer can also set up e-mail notification for its users to be notified by e-mail when certain exceptions occur on the network.

4.3.1.3         ETM Select with Netflow.  ETM Select Reporting offers and optional configuration of traffic monitoring across an IP network known as “netflow”.  In order to select the additional netflow reporting, Verizon requires Customer to activate this feature on one interface per CE device.  Verizon will be responsible for configuring Customer’s CE device (with Full Management service) with IP flow configuration, in order to receive netflow reports, otherwise Customer will be responsible for configuring the CE device.  Only CE devices with IP flow configuration will receive netflow reporting.  Netflow reports identify performance problems by viewing which applications and hosts are consuming the most bandwidth, measuring enterprise-wide WAN utilization and identifying the applications, hosts, and conversations consuming bandwidth.  Circuits with over 100 Mbps of bandwidth cannot be monitored by netflow.  Customer must designate a netflow Customer Product Administrator (“NCPA”), together with relevant contact details including e-mail address.  The Customer NCPA will control who has access to Customer’s netflow data.  Customer will be responsible for notifying Verizon of NCPA changes.

4.3.2        Threshold Proactive Performance Monitoring (“PPM”).  PPM provides analysis of MWAN performance against Verizon-predefined thresholds for standard performance.  Performance-related threshold alerts from the Customer Network result in automatic trouble ticket generation to Verizon.  No additional graphical reports are provided.

4.4             Port Monitoring.  Customers with MLAN Service at the Full Management level can order port monitoring up to the maximum number of ports identified per LAN Switch size as shown below.  Monitored ports must interface directly to another Customer internal network device which is available and operational on a continuous basis.  Verizon will not monitor ports connected to end user devices.  Port monitoring is available at no additional charge.

4.4.1        Small LAN Switch:  Maximum of two ports monitored.

4.4.2        Medium LAN Switch:  Maximum of six ports monitored.

4.4.3        Large LAN Switch:  Maximum of 12 ports monitored.

4.5             Routing Support.  Customers with Full Management level can order optional intra-LAN (Layer 3) routing support for a LAN Switch for an additional charge per such LAN Switch.  Intra-LAN routing is not supported on all models of LAN Switches. 

4.6             Network Analysis Service.  Where available, the Network Analysis (“NA”) option provides additional analysis services as specified below.  NA is only available for Customer Networks with 20 or more LAN Switches.  At Customer’s request, Verizon will provide Customer with information on the international locations.  NA will be provided with the same terms and conditions as NA in the Managed WAN terms.

4.7             Network Engineering Service.  Where available, the Network Engineering (“NE”) option provides additional reporting and analysis services.  NE is only available in respect of Customer Networks with 20 or more LAN Switches under the Full Management level.  At Customer’s request, Verizon will provide Customer with information on the international locations.  NE will be provided with the same terms and conditions as NE in the Managed WAN terms.

 

Part III:  Terms and Conditions.

 

1.      Customer Responsibilities.  In addition to the Online Master Terms, the following service-specific terms and conditions apply:  

1.1             Information and Access Requests.  Customer will provide information to Verizon, its subcontractors or its designated point of contact (“Verizon or its Designees”) that is reasonably requested for Verizon to perform its obligations.  In addition, Customer will provide Verizon or its Designees with access to Customer facilities, installation sites, and equipment as reasonably requested for Verizon to perform its obligations hereunder.

1.2             Licenses.  Customer will obtain any necessary permits, licenses, variances, and/or other authorizations required by state and local jurisdictions for installation and operation of the CPE on Customer’s premises or where the jurisdiction requires Customer to obtain the permit, license, variance and/or authorization.

1.3             Building Space.  Customer will provide adequate building space, circuitry, facility wiring, temperature, humidity, and power to comply with the standards established by Verizon and the manufacturer of the CPE for proper installation and operation of the MLAN Service.

1.4             Supported Devices.  Only Verizon certified devices will be supported and must be an approved Verizon design as outlined in Customer’s SOR.

1.5             Reports.  All copies of any reports, recommendations, documentation, Customer Portal printouts, or other materials in any media form provided to Customer by Verizon hereunder will be treated as Verizon Confidential Information.  Customer Confidential Information if embedded in the above shall continue to be treated as Customer Confidential Information.

1.6             Customer is responsible for providing all internal cabling between the router and the LAN Switches and all internal cabling between the Customer Equipment and the LAN Switches to Verizon’s specifications.  If optical fiber cabling has been deployed by Customer due to distance or future upgrade requirements, Customer must provide information about this cabling and the make of the cabling (multi-mode or single-mode) and must take care of any patch cabling to the Verizon delivered fiber connectors.

1.7             In case of Managed Take-over, Customer shall provide Verizon with all detailed information about the devices to be managed.  This information will include, but is not limited to, hardware and software configuration details and details about the network architecture.  Customer will be responsible for any outage or maintenance issue caused by providing incorrect or incomplete information on the Managed Equipment.  Verizon will provide fault management, device maintenance, and installation on the Managed Equipment as part of the MLAN Service.

1.8             Verizon will notify Customer if any remediation work is required on the Managed Equipment, which must be completed prior to the Managed Take-over.

1.9             Unless otherwise specified in these terms, Customer shall be responsible for obtaining, installing, inter-connecting, and maintaining all equipment, software, wiring, power sources, telephone connections and/or communications services necessary for inter-connection with the LAN Switch and/or the Verizon Telecommunications Network or otherwise for use in conjunction with the MLAN Service (“Customer Equipment”).  Customer is solely responsible for ensuring that this Customer Equipment is compatible with Verizon’s requirements and that it continues to be compatible with subsequent revision levels of Verizon -provided equipment and services.  Verizon is not responsible for the availability, capacity, or condition of any Customer Equipment.

1.10          Customer shall report detected MLAN Service failures and provide any information to the Verizon Customer Service Center.

1.11          Customer shall ensure that its electronic files are adequately duplicated and documented at all times.  Neither Verizon nor its designees are responsible or liable for Customer’s failure to duplicate or document files or for data or files lost during the performance of the MLAN Service.

1.12          ETM Select with Netflow Processing of Data. 

1.12.1     Customer acknowledges that Verizon and agents will, by virtue of providing ETM Select with netflow, come into possession of Customer Data.  For the purposes of this Section, Customer Data will include identifying, traffic, usage, billing, or other data containing personal and/or private information of Customer’s customers or authorized end users of ETM Select with netflow.

1.12.2     By contracting for the provision of ETM Select, Customer acknowledges that any processing of Customer Data occurs exclusively at the direction and discretion of Customer, such direction and discretion exercised by entry into these terms for receipt of ETM Select.

1.12.3     Customer warrants that it has obtained and will obtain all legally required consents and permissions from relevant parties (including data subjects) for the use, processing and transfer of Customer Data as described in this Section, and will use ETM Select with netflow and Customer Data only as permitted under applicable law. 

1.12.4     Customer will indemnify Verizon, its Verizon Affiliates (and/or agents, respectively) against any claims of third parties arising out of the collection, use or processing of Customer Data by Verizon in conformance with the terms and conditions of these terms. 

1.12.5     Nothing in this Section is intended to restrict the rights and obligations of Verizon and Customer in respect of Customer Data as defined and as set out elsewhere in these terms or the Contract.

1.13          Termination.  Upon termination of the MLAN Service for whatever reason for MLAN Service in EMEA or Asia Pacific, it is the Customer’s responsibility to disconnect the PSTN lines or GSM services at Customer Sites where Customer has provisioned the PSTN lines or GSM services for OOB access, as applicable.

1.14          Additional Requirements.

1.14.1     Where Full Management is the chosen service level, Customer shall not for the duration of the MLAN Service, access, configure, amend, modify, repair or remove the LAN Switch.

1.14.2     Where Physical Management is the chosen service level, Customer shall not for the duration that a MLAN Service is provided under these terms, repair or remove the LAN Switch.

1.14.3     Where Monitor and Notify is the chosen service level, Customer shall not for the duration that a MLAN Service is provided under these terms, remove the LAN Switch.

1.14.4     Where Customer purchases the LAN Switch from Verizon and/or has MTO CPE and has chosen the Full Management service level, Customer shall not retain any access rights to the LAN Switch and grants to Verizon all such access rights to the LAN Switch as required to provide the MLAN Service.

1.14.5     Where requested by Verizon, Customer shall perform a reboot of the LAN Switch in case of a MLAN Service outage.

2.      Software.  Except in the event of a Management Take-over, any software and related documentation provided by Verizon to Customer connection with the LAN Switch, and not otherwise subject to either a separate written agreement executed between Verizon and Customer or an accompanying end-user license (the “Software”) is provided pursuant to a personal, non-exclusive, non-transferable license to use the Software, in object code form only, solely in connection with the LAN Switch and the receipt of the MLAN Service for the internal business purposes of Customer.  Customer shall not otherwise use the Software and in no circumstances shall copy and/or modify, alter, decompile or reverse engineer the Software in any manner, except as may be expressly permitted by law.  Verizon makes no warranty in respect of the Software and has no obligation to provide maintenance or any other kind of support for the Software, except as provided for as part of the MLAN Service.

3.      IP Addresses.  Verizon reserves the right to assign IP addressing to Customer’s LAN Switches.  If supported, secondary IP addressing will be used, maintaining Customer’s existing IP address space.  In the case where there are devices which do not support secondary addressing, Verizon will assign new IP addressing based on availability in both Verizon’s and Customer’s address space.  If Customer will not permit the use of Verizon-assigned address space, Customer agrees to pay reasonable costs for a dedicated management domain or an IP proxy/NAT/IPv4-IPv6 solution.  Additionally, Verizon reserves the right to use border gateway protocol (“BGP”) routing for the management of the permanent virtual circuits (“PVCs”) used to access and monitor Customer’s Network.

4.      Network Discovery.  Verizon reserves the right to stop or withhold from performing Network Discovery, at its sole discretion.  Customer’s sole remedy for any failure, inadequacy or other problem of Network Discovery is to request that Verizon re-perform it.  Customer will indemnify Verizon and its employees, affiliates and agents against any liability if it does not fulfill all of its obligations regarding Network Discovery, as described in the section entitled “Network Discovery” above.  Network Discovery is not guaranteed to be comprehensive or error-free.  TO THE FULL EXTENT PERMITTED BY LAW, VERIZON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING NETWORK DISCOVERY.

5.      Service and Country Specific Terms and Conditions for Customers with Service in Asia Pacific.

5.1             India.  Restriction on Encryption Functionality.

5.1.1        Monitoring.  Customer understands that the Government of India monitors telecommunications traffic terminating into and originating from India for national security reasons.

5.1.2        Encryption.  In accordance with i) Verizon’s operating license in India  and  ii) the statutory guidelines which govern the provision of the MLAN Service by Verizon in India, Customer is not allowed to employ more than the then current prescribed/approved level of encryption on any equipment which is directly or indirectly connected to the Verizon Network in India.  Customer agrees that it will not, and will ensure that any entity which it has responsibility for, operates under its control or at its instruction will not, employ more than the then current prescribed/approved level of encryption on any equipment which is directly or indirectly connected to the Verizon Network in India unless the requirements of the section titled “Approvals” are satisfied.  Verizon will advise Customer of the then current prescribed/approved level of encryption on request.

5.1.3        Approvals.  If Customer has specific requirements that require any encryption equipment to be connected directly or indirectly to the Verizon Network beyond the then current prescribed/approved levels of encryption, Customer must seek prior evaluation by and obtain prior approval of the Indian Department of Telecommunications (“DOT”) or other Indian governmental authority or officer specially designated for the purpose and Customer is solely responsible for obtaining such approval.  Upon receiving the required approvals Customer shall provide a copy of such approvals to Verizon prior to connecting the equipment employing the encryption to the Verizon Network.

5.1.4        Indemnity.  Customer hereby indemnifies and holds harmless Verizon, from and against any claims, suits, judgments, settlements, losses, damages, expenses (including reasonable attorneys’ fees and expenses), and costs (including allocable costs of in-house counsel) asserted against or incurred by Verizon arising out of a failure by Customer to comply with the restrictions described in this clause or as otherwise imposed by the licenses or statutory guidelines from time to time.

6.      NE and NA Services Disclaimer.  Notwithstanding any Verizon recommendation, referral or introduction in connection with NE and/or NA (collectively “Recommendations”), Customer is responsible to independently investigate and test Recommendations including, without limitation, Recommendations related to Verizon or third-party products and services.  Customer will have sole responsibility for determining suitability for use of any Recommendations.  Verizon has no liability with respect to claims related to or arising from Recommendations including the use of third-party products and services.

 

Part IV:  Service Level Agreement. 

 

1.      The service level agreement (“SLA”) for Managed LAN Service 2013 may be found at the following URL. Managed LAN Service Level Agreement

 

Part V:  Definitions. 

 

1.       In addition to the Online Definitions, the following service-specific definitions apply:

1.1             3rd Party In-Band Access:   IP Sec in-band access transport provided by a 3rd party Internet access provider not indicated in the jurisdiction where Managed WAN is provided.

1.2             3rd Party Maintenance:  Maintenance services from third parties approved by Verizon from time to time.  The current approved 3rd Party Maintenance providers are IBM, Siemens, Cisco, HP, NCR, and Unisys.

1.3             After Hours:  Outside of Business Hours.

1.4             Business Day: Monday through Friday excluding any national holidays in the jurisdiction indicated or if Customer Premise Equipment (“CPE”):  Equipment located at the Site, including LAN Switches.

1.5             Business Hours:  The hours between 9.00am and 5.00pm on a Business Day in the time zone of Customer’s premises. 

1.6             Customer Network: A collection of LAN Switches and the network they are connected to.

1.7             Customer Service Center:  Service centers where Customers call in to report MLAN Service issues.

1.8             Customer Time:  Time attributable to or caused by one or more of the following:

·        Incorrect or incomplete information provided by Customer.

·        Verizon or the Verizon approved maintenance provider being denied access to CPE or network components at the Customer location when access is required.

·        The analog telephone connection for OOB access is either unavailable or not maintaining a minimum 9600 bits per second connection such that Verizon cannot troubleshoot the LAN Switches and Verizon has not been notified by Customer that such minimum OOB access has been restored.

·        Failure or limited bandwidth of Customer’s WAN connecting LAN sites where only one WAN In-Band Access site is provided.

·        Failure or refusal to release the LAN Switch for testing; or

·        Customer unavailability where needed to close a Trouble Ticket.

1.9             Dispatch:  A Customer service request that results in Verizon going on to, or attempting to go on to, a Customer Site.

1.10          Expedite:  A Service Order that is processed, at the request of the Customer, with the objective of installing or changing the service in a time period shorter than the Verizon's standard installation time period for that service, whether or not the installation or change is completed in that time period. 

1.11          ISDN Dial Backup (“DBU”): DBU is a dial-around to the cloud service that offers up to 2048k ISDN backup for secondary access to the Customer Network in the event of a primary failure.

1.12          In-Band Access:  In-Band access may be provided either i) through a Verizon Managed WAN site connected to Customer’s LAN network, or ii) through Customer-provided Internet access (from Verizon or a 3rd party) using IP Sec encryption technology with Verizon Internet Dedicated – Managed service connected to Customer’s LAN network (collectively, “WAN In-Band Access”).  In-Band access is required for each of Customer’s LAN locations or Verizon can manage more than one Customer LAN using one WAN In-Band Access site. 

1.13          LAN Switch:  Shall mean the LAN switches and associated Out of Band (OOB) modems or terminal servers, as specified by reference to these terms, which will be managed at Customer Site by Verizon for this MLAN Service. 

1.14          Management Information Base (“MIB”): A database of information stored by SNMP-compliant CPE.

1.15          MTO CPE:  Shall mean Customer Equipment for which Verizon takes monitoring and notification responsibility under a Managed Take-over.

1.16          Outage(s):  An Outage is defined as an unscheduled period in which the LAN Switch is interrupted and unavailable for use by Customer for sixty (60) or more seconds within a 15-minute period measured by Verizon. 

1.17          Permanent Virtual Circuit (“PVC”): A logical Customer-dedicated communications path defined between two port connections.

1.18          Port:  A physical interface for data cables to a LAN Switch.

1.19          Service Restoration Priorities:  Process by which Managed LAN disruptions are ranked by the Customer Service Center.

1.20          Simple Network Management Protocol (“SNMP”):  A set of protocols for managing complex networks.  SNMP-compliant CPE stores its performance data in MIBs and this information may be retrieved in SNMP reports.

1.21          Site:  A site is Customer’s Managed LAN location which includes a LAN Switch.

1.22          SNMP community string:  A SNMP community string is a password that allows access to CPE MIB statistics.

1.23          Trouble Ticket:  A ticket opened within Verizon’s NOC from an internal Verizon report or a report by a Customer to Verizon of either perceived Outage or Managed LAN degradation.

1.24          Verizon In-Band Access:  In-Band access provided through a Verizon Managed WAN site connected to Customer’s LAN network.

1.25          WAN In-Band Access:  See In-Band Access definition for defined term.