Customer Handbook

Index

Bandwidth & Interconnection Rules

1) Bandwidth Access Service

In addition to the foregoing, the following policies apply only to vXchnge’s bandwidth access services. Such resale of bandwidth access is subject to terms and conditions of the respective bandwidth access provider and the AUPs referenced below.

2) vX\defend

vX\defend is a premium Internet Access service offering from vXchnge. With vX\defend, we provide high performance, highly available Internet Access with DDoS attack protection. This no-compromise solution is designed to protect customers that cannot afford service disruptions and downtime from denial of service attacks. The service is backed by redundant industry- leading ISPs for increased resiliency and low latency, with robust Distributed Denial of Service (DDoS) protection built-in.

vXchnge will make all commercially reasonable efforts to provide protection from DDoS attacks in accordance with the respective access provider’s terms and conditions. However, due to the nature of attacks, vXchnge cannot guarantee that all attacks will be detected and/or mitigated; nor does vXchnge guarantee that all IP traffic patterns that initially appear to be attacked are actual attacks.

3) vX\direct - Cogent

vX\direct is an Internet Access service offering with a named Internet Service Provider contracted through vXchnge. Powered by one of the most interconnected networks, Cogent provides reliable, scalable and affordable bandwidth. The service is backed by the vX NOC and the ISP local customer support centers.

Any burstable overages associated to DireXConneX may be billed 60 to 90 days in arrears.

4) Equipment Maintenance

From time to time, vXchnge and/or third-party internet access provider(s) may need to perform maintenance on or upgrades to its equipment. vXchnge will provide as much advanced notice as possible prior to any scheduled maintenance or upgrade work and will use its commercially reasonable best efforts to minimize or avoid service interruptions during such periods. vXchnge also reserves the right to perform emergency or unscheduled maintenance outside of planned maintenance times, as needed to preserve the integrity of its network. In these cases, vXchnge will provide as much prior notice to the designated primary Customer contact as possible.

5) Burstable Bandwidth Committed Information Rate (95th percentile)

The vXchnge Bandwidth Measurement System collects the data points for the average sum of input and output traffic flow by connection of customer's equipment to the vXchnge network; every five minutes, 24 hours a day, 7 days a week.

Over the billing period, the highest five percent total traffic data points are discarded. The remaining data points are designated as the 95th percentile usage value.

The 95th percentile value of the total traffic is used to determine the additional bandwidth usage with respect to ‘committed’ usage bandwidth. For multiple circuits the customer is billed by taking the 95th percentile of each circuit

For multiple circuits the customer is billed by taking the 95th percentile of each circuit. The 95th percentile means that 95% of the time, the usage is at or below this amount. Conversely, 5% of the samples may be bursting above this rate. The sampling interval is every 5 minutes. At the end of the month, the samples are sorted from highest to lowest, and the top 5% (which equates to approximately 36 hours of a 30-day billing cycle) of data is thrown away. The next highest measurement becomes the billable use for the entire month. Based on this model, the top 36 hours (top 5% of 720 hours) of peak traffic is not taken into account when billed for an entire month. Bandwidth could be used at a higher rate for up to 72 min a day with no financial penalty. Conversely, if peak traffic only appears for a brief instant and no additional traffic is generated the bursting amount can be substantially higher than Average usage billing.

6) Usage Based Committed Information Rate

vXchnge bills monthly for usage compared to the customers predefined fixed monthly committed information bandwidth rate (CIR). Customers requiring the ability to burst above their CIR should choose the burstable bandwidth billing option (available services vary by data center location).

7) Interconnection Rules

All cross-connects between Customers and cross-connects between cabinets of an individual Customer must be ordered by completing a Sales Order and must utilize the vXchnge distribution infrastructure and/or Meet-Me-Room (MMR), as applicable, by the site. To avoid interference with vXchnge’s distribution infrastructure or other Customer networks, vXchnge closely regulates all connections to each vXchnge network or distribution infrastructure. No customer to customer cable runs are permitted without written consent of vXchnge.

8) Cross Connect Order Policy

Customer represents that upon Interconnection order submission, Customer must obtain a requisite Letter of Authorization (LOA) from the third party (the "Terminating Party") where the cross-connect referenced in the Interconnection order is to be terminated. Customer is required to fill out a “Customer Cross Connect Form” in its entirety for all cross-connect orders to be provisioned (please speak with your account manager if assistance is needed in filling out the form). This allows vXchnge to terminate the cross-connect with the Terminating Party and Customer agrees to hold vXchnge harmless if the Terminating Party denies access or otherwise contests the termination of the cross-connect and that vXchnge may disconnect immediately upon receipt of such a communication from the Terminating Party without liability.

9) Extended Cross Connects

At locations where available, vXchnge provides connectivity from our suites to the building meet me room or third-party meet me room as added value for Customer. These interconnections are not conditioned circuits, and vXchnge does not guarantee the signal quality beyond its demarcation point. It is the customer's responsibility to resolve all service related issues beyond vXchnge’s demarcation point with the carrier from whom have they have contracted services.

When a Customer requires that vXchnge order the final connection within the Building or third- party MMR to the service provider, vXchnge will do so but will pass along the Building MMR owner’s cross connect fees (in addition to vXchnge’s standard Extended Cross Connect fee) to the Customer.

If the Z Location Customer has a patch panel of the appropriate media type in the vXchnge MMR, vXchnge will terminate the circuit to the carrier’s panel in the vXchnge MMR. Extended Cross Connect orders will be screened to ensure that the Carrier you specify is demarked to the closest point of presence. Using the vXchnge MMR will improve your circuit reliability and eliminate the Extended Cross Connect pass-through charge.

10) Online Conduct

vXchnge exercises no control whatsoever over the content of the information passing through the customer's collocated system(s). It is the sole responsibility of the customer to ensure that all information transmitted through their system complies with all applicable laws and regulations as well as vXchnge’ Service Terms and Legal Notices, including the AUP, (listed below).  vXchnge reserves the right to suspend and/or terminate a customer's service at any time for any material failure of the customer, its authorized administrators or its users to comply with our Terms and Policies.