1    The Service

 

(a)    Console Connect will provide the JPNAP Remote Peering Service (“Service”) in accordance with the specifications set out in the Console Connect IX Remote Peering  Application Form accepted by Console Connect and the terms set out in these Terms and Conditions.

(b)    The scope of the Service may include the provision of  logical connection for the connectivity to JPNAP Service between Console Connect and the Company. The scope of the Service may further include Additional Services set forth in Exhibit 1 of the JPNAP Terms and Conditions.

 

2    Customer Obligations

(a)    The Customer shall comply with JPNAP Terms and Conditions when using the Service.

(b)    For purpose of the Customer’s application to use the JPNAP Service, the Customer shall provide all required information to Console Connect for it to complete the relevant application form designated by the Company. Console Connect will notify the Customer the Service Start Date and the Billing Start Date.

(c)    The Customer shall notify Console Connect immediately if any information provided pursuant to clause 2(b) in relation to the relevant application form has been changed. In case a Customer has changed its name, Console Connect may request any document certifying the name change.

 

3     Suspension and Termination 

(a)    Console Connect may, in its sole direction, immediately suspend the Service to the Customer or terminate the relevant Order Form or the Agreement without any liability whatsoever in any of the following events:

(i)    if the Customer fails to perform its obligations or breaches any applicable materials terms under these Terms and Conditions or the JPNAP Terms and Conditions (as applicable) and fails to remedy the non-performance or breach within thirty (30) days after receipt of a written notice from the Company and/or Console Connect to do so; or

(ii)    the Customer uses the JPNAP Service illegally or in a manner obviously against public policy and fails to cease such use of the JPNAP Service within thirty (30) days after receipt of a written notice from the Company and/or Console Connect to do so.

In the event that Console Connect suspends provision of the JPNAP Service pursuant to this clause, Console Connect will notify the Customer of the reason and date of suspension (taking into account the rectification period provided under clause 3(a)(ii)) in advance by written notice together with supporting evidence of the alleged default; provided, however, that the notice may be given immediately after the suspension in case of proven illegal use of the JPNAP Service.Console Connect will not be liable for any and all damage caused to the Customer due to suspension for any events set forth above.

(b)    If the relevant Order Form or the Agreement is terminated by Console Connect pursuant to clause 3(a) before the Minimum Contract Period, the Customer is liable to Console Connect for liable for all charges payable to Console Connect for the unexpired months of the Minimum Contract Period, as specified in the relevant Order Form (the “Cancellation Charge”). The Parties agree that the Cancellation Charge is an agreed reasonable pre-estimate of the anticipated losses suffered by Console Connect if the Service is terminated before the Minimum Contract Period ends.

(c)    Nothing shall prevent Console Connect to terminate these Terms and Conditions or the Agreement without any liability if there is any suspension of the Service.

 

 

4    Definitions

 

Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Agreement.

a.    “Agreement” means the master services agreement and/or other general terms and conditions agreed between the Customer and Console Connect, including the Specific Terms and Order Form relating to the Service.

b.    “Billing Start Date” means the date where Console Connect start to bill the Customer for the Service.

c.    “Company” means Internet Multifeed Co., located at Urbannet Kanda Bldg., 10F, 3-6-2 Uchikanda, Chiyoda-ku, Tokyo, 101-0047, Japan.

d.    “Customer” means any person, firm or company to whom Console Connect  provides the Service.

e.    “JPNAP Terms and Conditions” means the terms and conditions as set forth in Schedule A.

f.    “JPNAP Service” has the meaning ascribed to it in the JPNAP Terms and Conditions.

g.     “Minimum Contract Period” means the fixed period during which the Customer agrees to pay for the Service and as used herein, refers to both the initial term of an Order Form and any renewal term of the same Order Form.

h.     “Service Start Date” means the date where Console Connect starts to provide the Service to the Customer.

 

Schedule A

      Terms and Conditions  

 

Chapter 1 General Provisions

Article1    Principle

Internet Multifeed Co. (the “Company”) will provide JPNAP Service (as defined in Article 3) to customers (the “Customer(s)”) in accordance with the following terms and conditions (the “Terms and Conditions”).

 

Article 2 Definitions

In these Terms and Conditions, the following terms will have the meanings set forth below, respectively.

 

Terms	Definition of terms
Telecommunications Facilities	Machines, equipment, circuits and other electric facilities for telecommunications
Telecommunications Carrier	For the operation of the telecommunications business, entities registered under Paragraph 1 of Article 11 of the Telecommunications Business Act and entities which submit notification under Paragraph 1 of Article 16 of such act
Telecommunications Service	To intermediate communications between others by using Telecommunications Facilities and have other entities use the Telecommunications Facilities in any other way
ISP (Internet Service Provider)	Business entities which connect their own Telecommunications Facilities with participating users via a telephone line, a leased line or others and have users access to the internet and contents on it
Additional Service	Service to be provided in addition to the service of each type of service of JPNAP Service as set forth in Exhibit 1
JPNAP Service	Generic term to mean JPNAP Tokyo Service and JPNAP Osaka Service
JPNAP Tokyo Service	Service to provide ports to connect with high-speed switches installed in Tokyo which will allow ISP or others to perform exchange of traffic with other ISP or others
JPNAP Osaka Service	Service to provide ports to connect with high-speed switches installed in Osaka which will allow ISP or others to perform exchange of traffic with other ISP or others
Machine Room	Place operated by the Company to provide JPNAP Service
Facilities	Telecommunications Facilities used to provide    the JPNAP Service to the relevant Customer
IP Address	Address determined under the Internet Protocol

 

Article 3 Rules for Use

The Company may establish rules for use of JPNAP Service in addition to these Terms and Conditions if required for its operation and inform the Customer in writing. In such event, the Customer shall observe such rules to enable it to receive the JPNAP Service.

 

Chapter 2 Area of Internet Multifeed Service

Article 4 Area of JPNAP Service

The geographical area where the Company will provide JPNAP Service will be Japan.

 

Chapter 3 JPNAP Service

Article 5 Minimum Term of Use

Minimum term of use for the JPNAP Service will be one (1) year from the Service Start Date of the JPNAP Service as set forth in a written notification from the Company.

Article 6 Provision of Additional Service

The Customer may apply for the Additional Service set forth in Exhibit 1 in relation to use of JPNAPService. The Company may refuse the application if provision of the Additional Service will be difficult from the viewpoint of technology or facilities.

 

Chapter 4    Suspension of JPNAP Service, Etc. Article 7 Intermission of JPNAP Service

1    The Company may suspend provision of JPNAP Service temporarily in case of any of the following events:

(1)    Maintenance of or operations for the Company’s Telecommunications Facilities inevitably requires the suspension;

(2)    The Company is not able to provide JPNAP Service due to outage or trouble in the Telecommunications Facilities installed by the Company, etc., or any other inevitable events;

(3)    Article 22 (Restriction on Use of Telecommunications) applies; or

(4)    Provision of JPNAP Service becomes difficult due to suspension of any Telecommunications Service by any other TelecommunicationsCarrier.

2    The Company will notify the Customer of the suspension, the reason and the condition of the suspension at least seven (7) days prior to its temporary suspension of JPNAP Service unless such notice is impossible due to emergency reasons.

3    The Company will not be liable for the damage caused to the Customer in  case  of  the suspension of JPNAP Service due to any of the events set forth in Paragraph 1 of this article.

 

Article 8   Restriction on Use of Telecommunications

1    In accordance with Article 8 of Chapter I of the Telecommunications Business Act (Japan), the Company may restrict the JPNAP Service to preferably treat the communications for fire prevention, rescue, traffic, telecommunications or secured power supply or maintenance of public order or any other urgent communications for the public interest.

2    The Company may restrict use of JPNAP Service if the Customer causes a substantial amount of load to the Company’s Telecommunications Facilities.

3    The Company will not be liable for damage caused to the Customer due to restriction on use of the telecommunications based on any events set forth in the immediately preceding two paragraphs.

 

Chapter 7    Technical Matters

Article 9 Basic Technical Matters

Basic technical matters of JPNAP Service is set forth in Exhibit 2.

Article 10 Standards to Maintain Company’s Facilities

The Company will maintain its Facilities with the care and skill of a competent internet and telecommunications provider so that JPNAP Service is properly maintained.

Article 11 Maintenance of Circumstances of Machine Room

The Customer will not install any equipment that may impair the circumstances of the Machine Room or generates significant heat or humidity in the Machine Room.

 

Chapter 8    Assignment of IP Address

Article 12 Assignment of IP Address

1    The Company will assign to the Customer the IP Address required for use of the JPNAP Service.

2    The Customer will not use the IP Addresses assigned pursuant to the immediately preceding paragraph except for the purpose of using the JPNAP Service.

3    The number of IP Addresses assigned by the Company will be designated by the Company, and such IP Address may not be consecutive ones.

4    If the Customer requests an  additional IP Address, the  Customer shall  provide  written notice to the Company with reasons.

 

Chapter 9    Miscellaneous

Article 13 Maintenance of Information

The Customer will prevent loss of information which the Customer receives or transmits by using JPNAP Service at the Customer’s own responsibility and the Company will not be responsible for the protection of the information unless the Company establishes any rules otherwise for specific service items of JPNAP Service.

 

 

Exhibit 1  Additional Service

 

Type of Service	Name of Additional Service	Conditions to provide
JPNAP Service	PI/CUG Service	(1)    This service will be provided as an additional service to JPNAP Tokyo Service or JPNAP Osaka Service. VLAN segments to exchange exclusive traffic among the Customer of the Service will be supplied by configuring VLAN at each of the high-speed switches (“Each High-speed Switch”) in JPNAP Tokyo Service or JPNAP Osaka Service. The Company will designate IP addresses and VLAN IDs to the Customer, but the connection with a VLAN segment to exchange non-exclusive traffic at Each High-speed Switch (the “Public Segment”) will be required. Type of service will be as follows: PI port type: One VLAN to exchange traffic with one PI port type customer or PI tag type customer. Number of VLAN for use will not exceed one; PI tag type: Each of VLAN to exchange traffic with one PI port type customer or PI tag type customer. Number of VLAN for use will be one or more but will not exceed the number designated by the Company separately; CUG port type: One VLAN to exchange traffic with one CUG port type customer or CUG tag type customer. Number of VLAN for use will not exceed one; and CUG tag type: Each of VLAN to exchange traffic with one CUG port type customer or CUG tag type customer. Number of VLAN for use will be one or more but will not exceed the number designated by the Company separately. (2)    Customer will prepare the application by filling the form prepared by the Company with the information required relating to the contents of the service and submit it to the Company. (3)    Minimum term of use will be one (1) month from the starting date of the service pursuant to Article 15 (Acceptance of Application for JPNAP Service).
	Route Feed	Service    (1)    This service will be provided as an additional service to JPNAP Tokyo Service or JPNAP Osaka Service. The Company will provide function of routing and switching each other among the customers of the Services through routing and switching servers installed at the relevant point of service. (2)    Customers will prepare the application by filling the form prepared by the Company with the information required relating to the contents of the service and submit it to the Company. (3)    Minimum term of use will be one (1) month from the starting date of the service pursuant to Article 15 (Acceptance of Application for JPNAP Service).

 

 

 

 

 

Exhibit 2  Technical Matters

1.    Demarcation Point of Responsibility

Demarcation point of responsibility for JPNAP Service shall be the point of connection of the cable terminal board provided by the Company and the cable installed by the Customer, or the point of connection of the cable provided by the Company and the equipment installed by the Customer.

 

2.    Technical Standards

 

Name	Standard	Physical Conditions
100Base-TX	IEEE802.3u	2-pair UTP cable (Category 5) 8-pin modular connector (ISO IS8877)
1000Base-SX	IEEE802.3z	Optical fiber (GI) (JIS C6832) SC connector (JIS C5973)
1000Base-LX	IEEE802.3z	Optical fiber (SM) (JIS C6835) SC connector (JIS C5973)
10GBase-LR	IEEE802.3ae	Optical fiber (SM) (JIS C6835) SC connector (JIS C5973)
100GBase-LR4	IEEE802.3ba	Optical fiber (SM) (JIS C6835) SC connector (JIS C5973)