EXHIBIT 10.59
|
|
|
|
|
|
|
|
|
MCI WORLDCOM Communications, Inc.
|
|
+1 800 488-6383 (voice)
|
|
|
|
22001 Loudoun County Parkway
|
|
+1 703 886-5800
voice)
|
|
|
|
Ashburn, VA 20147
|
|
+1 703 886-0600
fax)
|
|
[GRAPHIC]
|
|
http://www.mci.com
|
|
sales@uu.net
|
|
|
|
|
|
|
|
The names, logos, and taglines identifying MCIs
products and services are
proprietary marks of MCI WorldCom
Communications, Inc. or its
subsidiaries. The names of actual companies and
products mentioned in
this Agreement may be the trademarks
of their respective owners.
|
MCI SM I NTERNET D EDICATED OC12 B URSTABLE A GREEMENT
Prices above are for service in the contiguous
United States, and do not include any telco line charges, equipment
costs, or network applications fees. 1
Discounted Equipment
2
Equipment may be
purchased pursuant to the MCI Discounted Equipment
Agreement.
Term Commitment 3
x
Minimum 1-year Term
required.
¨
2-year
Term
¨
3-year Term
Payment If a Purchase Order is required, return the PO
with this form and provide PO#:
Billing Preference ¨
Bill my existing account number:
¨
Bill to a new account
number
|
|
|
|
|
|
|
|
Service 4
|
|
Monthly Fee
|
|
Start-up Charge
5
|
|
OC12 Burstable 6
|
|
|
|
|
WAIVED
|
|
x 0 ¨
250 Mbps sustained use
|
|
$
|
37,500
|
|
|
|
¨
250.01 ¨
300 Mbps sustained use
|
|
$
|
45,000
|
|
|
|
¨
300.01 - 350 Mbps sustained
use
|
|
$
|
52,500
|
|
|
|
¨
350.01 ¨
400 Mbps sustained use
|
|
$
|
60,000
|
|
|
|
¨
400.01 - 450 Mbps sustained
use
|
|
$
|
67,500
|
|
|
|
¨
450.01 ¨
500 Mbps sustained use
|
|
$
|
75,000
|
|
|
|
¨
500.01 - 550 Mbps sustained
use
|
|
$
|
82,500
|
|
|
|
¨
550.01 ¨
622 Mbps sustained use
|
|
$
|
93,300
|
|
|
|
1
|
Descriptions of the domain name,
mail, news services, and other network applications available in
connection with this service, and the pricing and additional terms
applicable to these services, are set forth in the Network
Applications Fee Schedule available at
http://global.mci.com/uunet/terms/netapps/. MCI reserves the right
to change the Network Applications Fee Schedule from time to time,
effective upon posting of the changes to that URL or other notice
to Customer.
|
|
2
|
MCI
is acting only as a reseller with respect to the hardware and
software offered under this Agreement ( ¨
Equipment
¨
, which was manufactured
by a third party ( ¨
Manufacture
¨
MCI 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 MCI, MCI will ship the current
MCl-tested version of the Equipment to the Customer.
|
|
3
|
Discount applicable only to Monthly
Fee. At the conclusion of the Term Commitment, this Agreement shall
continue in effect on a month-to-month basis at the same prices in
effect during the previous Term, and may be canceled only by 60
days ¨
advance written notice.
The Term Commitment shall begin as of the date on which a MCI hub
and a functioning telephone circuit are prepared to route IP
packets to Customers site (“Service Activation Date”).
In some instances, the telco line provider may impose a minimum
term on the telco line that is longer than the Term of this
Agreement. If Customer has MCI contract for the telco line on
behalf of Customer, and Customer discontinues service prior to the
fulfillment of the minimum term on the telco line, MCI may charge
Customer early termination penalties imposed by the telco line
provider.
|
|
4
|
While Customer can resell Internet
connectivity, Customer cannot resell the service in its entirety to
another person or entity without the express prior written consent
of MCI. If Customer resells Internet connectivity to end users,
Customer is responsible for: (i) providing the first point of
contact for end user support inquiries; (ii) providing software
fulfillment to end users; (iii) running its own primary and
secondary domain name service ( ¨
DNS ¨
) for end users; (iv)
registering end users ¨
domain names; (v) using
BGP routing to the MCI Network, if requested by MCI; (vi)
collecting route additions and changes, and providing them to MCI;
and (vii) registering with the appropriate agency all IP addresses
provided by MCI to Customer that are allocated to end
users.
|
|
5
|
To
ensure proper installation, MCI will order all telco lines. A $500
surcharge applies to Customer-ordered lines. Installation may be
scheduled between the hours of 8AM and 7PM ET Monday through Friday
(excluding holidays). If Customer requires installation outside of
these hours MCI will charge an additional $500 fee.
|
|
6
|
With OC12 Burstable service,
Customer receives full OC12 access to the MCI Network and can burst
to the full 622 Mbps at any tine. Monthly billing is based on the
burstable service level selected by Customer. If Customers
sustained use level (95th percentile traffic sampling rate) during
any month exceeds Customers then-current burstable service level,
Customers burstable service level may be upgraded by MCI and the
monthly billing adjusted accordingly. Customer may downgrade to a
lower burstable service level if Customers sustained use level is
at or below such burstable service level for at least two
consecutive months and Customer thereafter notifies MCI in writing
of the requested downgrade.
|
|
