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«MPLS VIRTUAL PRIVATE NETWORK SERVICE DESCRIPTION. This service description sets forth the entire Preferred AdvantageSM Multiprotocol Label Switching ...»

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MPLS VIRTUAL PRIVATE NETWORK SERVICE

DESCRIPTION. This service description sets forth the entire Preferred AdvantageSM Multiprotocol Label Switching Site to

1.

Site IP Virtual Private Network Service offering. PAETEC reserves the right to make enhancements to the Service and shall advise

Customer of any additional features.

PAETEC’s Preferred AdvantageSM Multiprotocol Label Switching Site to Site IP Virtual Private Network (“MPLS VPN”) Service is a network-based IP VPN available across PAETEC’s IP/MPLS backbone. This solution provides Customer with a secure IP VPN solution with any-to-any intranet connectivity and a private means by which to connect its enterprise sites. In addition, Customer can purchase optional services, such as VPN Internet Access with Network-based Firewall, all on the same underlying network infrastructure.

A. Primary Service Components. The primary service components for the Services are as follows:

(i) MPLS VPN Port. A Port is the physical entrance to the PAETEC network. PAETEC will charge Customer a Non- Recurring Charge (“NRC”) and a Monthly Recurring Charge (MRC) for each Services Port, including all sub elements or configurable attributes to the Port. The Network Design Document and Port Order will specify the sub-elements or

configurable attributes to the Port (e.g. Port speed, routing protocol, IP Addressing). Port options available are:

a. Dedicated VPN. Dedicated VPN provides a physical port connected directly to the PAETEC VPN network, which allows connectivity to all other Customer sites on the VPN and the Internet/Managed Firewall service if purchased in addition.

b. Dynamic Integrated Access. VPN Access may be ordered as an option on Dynamic Integrated Access in place of Internet access.

(ii) Dedicated VPN Local Access. Dedicated local access is required for the Dedicated VPN ports. If Dedicated VPN Port is selected, Customer may purchase PAETEC-provided local access facilities or Customer may provide its own local access facilities. There will be a NRC and MRC for each local access loop provided by PAETEC. If Customer purchases VPN service as part of Dynamic Integrated Access, Local Access is included as part of the service and the monthly recurring charges are included in the charges for Dynamic Integrated Access.

(iii) IP Addresses. Customer may opt to use private IP space or PAETEC assigned public IP space. If selected, PAETEC grants Customer a license to use the public network IP addresses PAETEC provides Customer during the term of the Agreement. However, public network IP addresses provided by PAETEC shall remain at all times the property of PAETEC and shall be non-transferable. Customer has no right to such network IP addresses upon expiration or termination of the Agreement. Customer agrees that this license is revocable, and is for non-portable network address space. PAETEC may in its sole discretion renumber public network IP addresses as necessary after giving Customer notice.

B. Customer Premises Equipment (“CPE”). CPE is required for the Services. Customer may elect to purchase CPE from PAETEC as part of the optional Managed Services (described below) or provide its own CPE. CPE includes, but is not limited to the

following:

(i) Routers. Unless Customer has separately contracted with PAETEC to provide Managed Services, Customer is fully responsible for the router, including configuration, maintenance, and management. In addition, if Customer elects not to obtain Managed Services, Customer must furnish the necessary ancillary equipment (cables, routing software, etc.) to ensure interoperability with the Services.

C. Optional Services. PAETEC provides optional services that Customer may purchase as part of its Site to Site VPN solution.

Optional Services have both a monthly charge and a non-recurring charge. The following Optional Services are available:

(i) VPN Internet Access with Managed Firewall. Regional gateways provide secure access from the Customer’s VPN network to the Internet. Each site in Customer’s MPLS VPN will receive Internet access secured by a state-full inspection firewall located within PAETEC’s network. VPN Internet Access may be purchased in bandwidth increments to

meet Customer’s requirements. Two Managed Firewall options are available:

PAETEC Additional Terms & Conditions MPLS VPN – v2008.09.04 Page 1 of 5 a. Standard. This option provides a pre-configured policy rule set which trusts all internal traffic, but blocks all externally initiated traffic. This policy is known as "Trust Inside." In this scenario, it is assumed that the most significant threats will come from outside the Customer enterprise network, and the emphasis of the policy will be keeping outsiders from getting in. This type of stance is implemented by defining a firewall rule set that permits all connections, which are initiated from the inside, but blocks connections initiated from the outside. If any customized rules are required, the Customer must upgrade to the Enhanced option.

–  –  –

(ii) Remote Access Service (“RAS”). RAS allows Customer’s employees or users to obtain remote access to the Services through the use of a VPN client. This client is installed on an employee’s or user’s laptop. The client, when open, builds an IP Sec tunnel back to a Remote Access gateway to enable employees or users to run corporate applications while away from the office. A Web-based administration tool allows the Customer administrator to manage it’s remote access user needs to easily add and delete users as required as well as creating user and usage reports. Two feature plans are available fore each remote user.





(a) RAVPN. Provides an IPSEC client that may be used with either Broadband or Dial-up access for individual remote users. Customer is required to purchase broadband Internet access, either from PAETEC or another provider separately and is not included in the monthly recurring charge. Broadband connectivity is provided on an unlimited basis. If Dial-up access is desired, the Single Click connect client is required and provided. All Dial-up charges, including domestic local, toll-free, and international roaming are charged at hourly rates.

–  –  –

(iii) Off-net Tunnel. Off-net Internet Protocol Security (“IPSec”) or GRE Tunnel is for customers who have sites outside PAETEC’s footprint. The Off-net Tunnel provides connectivity from the Internet of an IPSec or GRE tunnel terminated to the Customer MPLS VPN on the PAETEC network. With this option, Customer is responsible for securing Internet access at the off-net location and configuring their hardware to terminate an IPSec or GRE tunnel to the PAETEC MPLS VPN network with configuration information provided by PAETEC.

(iv) Managed Services. PAETEC Managed Services provides a PAETEC-owned or leased and managed router to be used with the Dedicated VPN Access. The standard CPE option (Adtran) is the only option available for Dedicated VPN Access. Managed Service requires installation of certain equipment at your premises. Customer Premises Equipment (“CPE”) provided by PAETEC remains the property of PAETEC. CPE may only be installed, opened and maintained by an authorized PAETEC representative. PAETEC will work with Customer to find a mutually agreeable time, but PAETEC has the right to take any action in connection with the equipment at any time for any reason. Customer must take precautions to protect such equipment and will be liable for any damage to the equipment subject to normal wear and tear. Customer may use PAETEC provided equipment only for PAETEC Managed Service. PAETEC has the unmitigated right to unrestricted access to recover any PAETEC-owned or leased CPE within ten (10) days of service termination. If Customer does not provide PAETEC unrestricted access to recover the equipment in a timely fashion, Customer agrees to immediately pay PAETEC the original cost of the CPE. If a PBX is involved, Customer must arrange to have its PBX vendor on-site during installation of service.

The PAETEC demarcation for Managed Services Internet is the 10/100 base T router port. Customer is responsible for providing a reasonably accessible grounded 90 to 130 VAC power outlet that will meet the power requirements of the PAETEC provider router and other CPE. Customer must promptly notify PAETEC of any problems with the router, and must not voluntarily power down the router. PAETEC may assess a service charge to restore service in the event the router is subject to a loss of power that Customer could have reasonably prevented. All PAETEC inside wiring work is guaranteed for 60 days from service installation. Customer is responsible for installation and maintenance of all LAN/data related wiring.

Customer will be charged a dispatch cancellation fee unless it cancels its original order within four hours of placing the order.

(v) Local Access. If required, Customer appoints PAETEC as its agent for the purpose of arranging for interconnection from PAETEC Points-of-Presence to Customer’s facilities (“Local Access”) for a circuit-based product. Customer PAETEC Additional Terms & Conditions MPLS VPN – v2008.09.04 Page 2 of 5 understands that PAETEC may rely on a third party for installation of Local Access service. PAETEC is not responsible if Local Access service is not available on the requested Service Activation Date or for service issues on Customer’s side of the demarcation point.

(vi) Demarc Extension. For specific voice and data services, upon Customer’s request, PAETEC will extend the Local Access Loop for up to 25 feet by providing a cross-connect from the Demarc to a Customer-provided industry standard distribution panel or CSU/DSU located in the same room. Charges for this cross-connect will be on a time and material(s) basis. Final charges will not be determined until work is completed and will be billed to Customer within two billing cycles of the completed work.

2. CUSTOMER ROLES AND RESPONSIBILITIES.

A. Review and approve, by signature, Customer Network Design that provides to PAETEC with the Customer’s desired network configuration and Managed Firewall policy (if ordered). Customer Network Design will be gathered after the Agreement has been signed by both parties and before the order is processed.

B. Provide reasonable physical access for PAETEC technicians to service the PAETEC-owned or leased equipment and infrastructure on each premise if provided.

C. Install and maintain LAN infrastructure at each Customer location.

D. Maintain servers and workstations for Customer purposes.

E. Inform PAETEC of any internal changes that may affect the Services PAETEC provides.

–  –  –

A. Revocable, Non-portable License. PAETEC grants Customer a license to use the public network IP addresses PAETEC provides Customer during the term of the Agreement. However, public network IP addresses provided by PAETEC shall remain at all times the property of PAETEC and shall be non-transferable. Customer has no right to such network IP addresses upon expiration or termination of the Agreement. Customer agrees that this license is revocable, and is for non-portable network address space. PAETEC may in its sole discretion renumber public Network IP addresses as necessary after giving Customer notice.

B. Acceptable Use Policy. Internet access services are subject to the PAETEC Acceptable Use Policy (“AUP”), which is posted at www.mcleodusa.com/SiteInformation/AcceptableUse.do. Customer agrees that its failure to abide by the AUP can be a material breach of this Agreement. PAETEC may revise the AUP from time to time in its sole discretion without notice. PAETEC’s AUP, including any amendments, will be effective upon posting.

4. SERVICE LEVEL AGREEMENTS. PAETEC MPLS VPN and Managed MPLS VPN are backed by the following service level agreement (“SLA”) guarantees.

A. Service Delivery Interval for DS-1 Based Services. PAETEC will install service by the Firm Order Commitment date or within 90 calendar days as measured from the date on which Customer has signed an order and submitted all required information (including signed Customer Network Design described above) to PAETEC to provision services to complete the original order.

Calculation of the service installation interval will exclude delays caused by Customer, including but not limited to, Customer Premises Equipment (“CPE”) issues, order supplementation or modification and limitations on premises access. The Service Delivery Interval guarantee does not include orders delayed beyond the reasonable control of PAETEC such as, but not limited to, modification of the original order by Customer, a third-party act or omission; or the unavailability or failure of facilities or equipment available to serve Customer’s location. If the Service Delivery Interval guarantee is not met, Customer will receive a credit of 1/30th of the impacted port and local loop’s monthly recurring charge (“MRC”) per day over the stated interval. Limits on the credit and the reporting procedures are detailed below.

–  –  –

PAETEC Additional Terms & Conditions MPLS VPN – v2008.09.04 Page 3 of 5 facilities access restrictions, or response delays caused by inaccurate contact information will be subtracted from the restore time calculation. The PAETEC restore guarantee does not include outages found to the result of problems with CPE or LAN equipment owned by Customer, scheduled maintenance events, outages or disruptions caused by Customer, interconnections to or from and connectivity with other ISP networks, and force majeure events. For purposes of this SLA, scheduled maintenance events include any maintenance that supports Customer’s network or services, for which (i) Customer is notified at least 48 hours in advance, or (ii) that is performed during a standard maintenance window Monday through Friday from 12:00 a.m. CST to 6:00 a.m. CST. If the restore time guarantee is not met on a per outage basis, Customer will receive a credit of 1/30th of the port and local loop monthly recurring charge (“MRC”). Limits on the credit and the reporting procedures are detailed below.



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