Common use of Exchange of Traffic Clause in Contracts

Exchange of Traffic. a. Each party agrees to exchange digital communications traffic with the other party over its Internet Network at the Interconnection Points and/or in one or more direct interconnections, subject to the terms and conditions set forth in this Agreement. Each party shall provide, at its own expense, a connection from its Internet Network to the Interconnection Points or direct interconnections hereunder, upon a schedule to be mutually agreed. b. The data rate at which the parties will connect hereunder is set forth in Schedule 1. The exchange of digital communications traffic at each Interconnection Point will begin on or about the date specified in Schedule 1, or as the parties otherwise agree. c. Each party agrees not to restrict traffic flowing through the Interconnection Points to and from the other party based on the subject matter of the traffic unless required to do so by court order or applicable law. Each party shall retain its prior rights to impose usage restrictions on its own customers and/or to assist its customers in imposing customer requested usage restrictions on traffic flowing to and from the requesting customer. d. There will be no restrictions on the ability of VERIO or AT&T to collect data and create statistics associated with data moving through its own Internet Network and traffic moving through the Interconnection Point. Each party shall keep all data it monitors or captures concerning the Interconnection Points confidential in accordance with the Non-Disclosure Agreement described in Section 19, and shall use such data solely for the purposes of operating and managing its Internet Network. Except as otherwise agreed between the parties, statistics itemized by the following criteria may not be provided to third parties: service provider, company or other entity, and/or IP address. Notwithstanding the foregoing, each party may provide any of its customers with statistical data associated with such customer's traffic. e. Neither party will establish a route of last resort directed toward the other party's Internet Network. Instead, the parties will fully exchange explicit routes comprising public Internet service destinations of entities to whom either party is contractually obligated to handle traffic.

Exchange of Traffic. a. Each party agrees Implementation of the terms of this Agreement is subject to availability of peering ports and capacity in particular locations. b. The parties agree to exchange digital communications traffic with the other party over its their respective Internet Network Networks at the Interconnection Points and/or in one two or more direct interconnectionsDirect Connection Points as specified in Schedule 1, subject to the terms and conditions set forth in this Agreement. The parties will work to establish optimal locations for connecting their respective Internet Networks. Unless the parties agree otherwise, such connections shall be geographically dispersed. Direct connections pursuant to this Agreement are established on a bilateral basis. Unless the parties agree otherwise, the connections will be established in pairs. Each party shall providepay for one circuit connection. Neither party will apply port, at its own expense, a connection from its Internet Network to the Interconnection Points service or direct interconnections hereunder, upon a schedule to be mutually agreedother charges. b. c. The data rate at which the parties will connect hereunder is set forth in Schedule 1. The exchange of digital communications traffic However, such rates shall be at each Interconnection Point will begin on least DS-3 (45Mbps) or about the date specified in Schedule 1, or as the parties otherwise agreehigher. c. d. Each party agrees not to restrict traffic flowing through the Interconnection Direct Connection Points to and from the other party based on the subject matter of the traffic unless required to do so by court order or applicable law; provided, however, that each party shall be free to block traffic that the party determines violates the terms of usage of its network. Each party shall retain its prior rights to impose usage restrictions on its own customers and/or to assist its customers in imposing customer requested usage restrictions on traffic flowing to and from the requesting customer. d. e. There will be no restrictions on the ability of VERIO or AT&T either party to collect data and create statistics associated with data moving through its own Internet Network network and traffic moving through the Interconnection Direct Connection Point. Each party shall keep all data it monitors or captures concerning the Interconnection Direct Connection Points confidential in accordance with the Non-Disclosure Agreement described in nondisclosure obligations of Section 1916 (Confidentiality), and shall use such data solely for the purposes of operating and managing its Internet Network. Except as otherwise agreed between the parties, statistics itemized by the following criteria may not be provided to third parties: , service provider, company or other entity, and/or IP address. Notwithstanding the foregoing, each party may provide any of its customers with their own statistical data associated with such customer's trafficdata. e. f. Neither party will establish a route of last resort directed toward the other party's Internet Network. A "route of last resort" is defined as a route which covers all possible destinations. Instead, the parties will fully exchange explicit routes comprising public Internet service destinations of entities to whom either party is contractually obligated to handle traffic. An "explicit route" is defined as a route that covers only a strict, limited subset of all possible destinations. g. Neither Internet Network shall obtain Transit Traffic services from the other Internet Network for the period of this Agreement. For purposes of this Agreement, "Transit Traffic" is traffic that a party agrees to transport to its final destination whether or not such destination is on such party's Internet Network.

Exchange of Traffic. a. Each party agrees The parties agree to exchange digital communications traffic with the other party over its their respective Internet Network Networks at the (*) geographically dispersed Interconnection Points and/or in one or more direct interconnectionsPoints, subject to the terms and conditions set forth in this Agreement. (*) Unless otherwise agreed in writing the following shall be the acceptable Interconnection Points: (*) agreed to in Schedule 1. Each party shall provide, at its own expense, at least a (*) connection from its Internet Network to the Interconnection Points Point(s) or direct interconnections hereunder, upon a schedule to be mutually agreed. b. The data rate at which the parties will connect hereunder is set forth in Schedule 1. The exchange of digital communications traffic at each Interconnection Point will begin on or about the date specified in Schedule 1, or as the parties otherwise agree1 attached hereto. c. Each party agrees not to restrict traffic flowing through the Interconnection Points to and from the other party based on the subject matter of the traffic unless required to do so by court order or applicable law; provided, however, that each party shall be free to block traffic that the party determines violates the terms of usage of its Internet Network. Each party shall retain its prior rights to impose usage restrictions on its own customers and/or to assist its customers in imposing customer requested usage restrictions on traffic flowing to and from the requesting customer. d. There will be no restrictions on the ability of VERIO or AT&T either party to collect data and create statistics associated with data moving through its own Internet Network and traffic moving through the Interconnection Point. Each party shall keep all data it monitors or captures concerning the Interconnection Points confidential in accordance with the Non-Disclosure Agreement described in nondisclosure obligations of Section 1916, and shall use such data solely for the purposes of operating and managing its Internet Network. Except as otherwise agreed between the parties, statistics itemized by the following criteria may not be provided to third parties: service provider, company or other entity, and/or IP address. Notwithstanding the foregoing, each party may provide any of its customers with statistical data associated with such customer's traffic. e. Neither party will establish a route of last resort directed toward the other party's Internet Network. A "route of last resort" is defined as a route which covers all possible destinations. Instead, the parties will fully exchange explicit routes comprising public Internet service destinations of entities to whom either party is contractually obligated to handle traffic. An "explicit route" is defined as a route that covers only a strict, limited subset of all possible destinations.