1. Allgemeines. “Lumen” is defined for purposes of this Service Schedule as Centurylink Communications, LLC d/b/a Lumen Technologies Group or its affiliated entities providing Services under this Service Schedule. This Service Schedule is applicable where Customer orders Lumen Internet On-Demand Service (or “Service”). The Service is subject to the terms of the Lumen Platform Agreement and this Service Schedule (the “Agreement”). Lumen Internet On-Demand Service is available for ports which Lumen designates as eligible. Eligible ports are subject to the terms of the Master Service Agreement(s) and applicable Service Exhibit(s)/Service Schedule(s) between Lumen and Customer (or its affiliate if expressly provided for under such affiliate service agreement) governing the separate Lumen service of which the eligible port is a component. Lumen may subcontract the provision of the Service in whole or part, provided that Lumen remains responsible for the Service to Customer as set forth in this Service Schedule. Capitalized terms used but not defined in this Service Schedule have the definitions given to them in the Agreement.
1.1. Additional General Terms. Service charges are exclusive of taxes and presented without reduction for any Withholding Tax, all of which are the responsibility of the Customer. “Withholding Tax” means any amount or account of tax on sources of income which a payor is obliged to deduct from payments due to a recipient and account for or to any tax authority. In the event that any payment to be made to Lumen under this Service Schedule should be subject to reduction by reason of a Withholding Tax, Customer agrees to pay Lumen such amounts as would have been necessary so that the aggregate net amount received by Lumen after application of a Withholding Tax is the same amount as would have been received by Lumen if there had been no requirement to deduct or withhold such tax. For Services provided outside the United States, Customer or its local affiliate may be required to enter into a separate local country addendum/agreement (as approved by local authorities) (“LCA”) with the respective Lumen affiliate that provides the local Service(s). Such Lumen affiliate will invoice Customer or its local affiliate for the respective local Service(s).
2.1 Service Description. Lumen Internet On-Demand Service is a symmetrical Internet service providing access to the Lumen IP network and the global Internet. Additional features and functionality may include:
a. IP Addresses. IP Address space with proper justification.
b. Primary DNS / Secondary DNS. Primary or Secondary DNS as requested.
c. Static routing / BGP peering. Static routing or BGP peering options available.
d. On-line bandwidth utilization reports. On-line bandwidth utilization reports available through the customer portal.
e. Basic security service. Subject to Customer having Lumen-approved routers, included as part of the Service is a one-time per 12 month period ability to request Lumen to temporarily (i.e. for up to 24 hours): (i) apply a temporary access control list (ACL) with up to 10 rules on such routers; (ii) set up firewall filters specifying IPs, subnets, ports, and protocols; and (iii) configure null routes. Requests that exceed this duration or frequency will be charged at $1000 per hour with a minimum charge of $4000.
2.2 Third Party Peer Destined Traffic. If at any time Lumen’s provision of Internet On-Demand Service to Customer (and/or any of its affiliates) (each a “Transit Party”) results in unbalanced traffic ratios between Lumen and any other third party peer network that would negatively impact any of Lumen’s peering relationships, Lumen will provide written notice to the Transit Party triggering the unbalanced traffic ratios along with a 30-day opportunity to cure such traffic imbalance (“Balance Cure Period”) during which Lumen and the relevant Transit Party will cooperate to cure the traffic imbalance. Lumen will clearly identify to the Transit Party the traffic imbalance volume and location(s) of imbalance with said peer. If the Transit Party fails to cure the traffic imbalance within that Balance Cure Period, Lumen may, in good faith discussions with the Transit Party, take appropriate action, which may include termination of one or more Internet ports, to return traffic ratios to be within compliance of the peering provider. Notwithstanding the foregoing, if an emergency condition exists (“emergency condition” for purposes on this section is considered to be traffic conditions which threaten a material and adverse impact on Lumen’s network or its peers’ networks), which requires Lumen to balance traffic with its’ peers, then Lumen may in its’ sole reasonable discretion, take appropriate action without the Transit Party’s consent, which may include but is not limited to, suspending traffic on the affected port(s), to remedy such emergency condition; provided, that in such event, Lumen will provide as much notice as is practicable under the particular emergency condition.
2.3 Intended Use. Lumen Internet On-Demand Service is intended to be used for a mixture of internet destinations and not for traffic overly weighted towards individual networks. As such, if more than 25% of total traffic on those particular Services is carried across Lumen's inter-continental backbone links or more than 25% of total traffic (excluding traffic terminating to AS3356 or AS209) is sent towards an individual egress network (either third party peer networks or Lumen end customer networks), then Lumen may choose to issue written notification to Customer to remedy the imbalance, after which Customer will work with Lumen in good faith to remedy such imbalance. Notwithstanding the foregoing, if Customer fails to remedy the imbalance within ten (10) working days of such notification and such imbalance is of a nature that does or will negatively affect (i) the Lumen (or its affiliates) network in a technical and/or operational manner or (ii) the hardware, systems or services of other orders of Lumen or any Lumen affiliate, then Lumen, in its sole discretion, will have the right to a) charge Customer for traffic breaching the limits above at an excess rate of 1.5x the contracted hourly rate; or b) use technical means to withdraw access to these destinations from those Services. INTERNET ON-DEMAND SERVICE SCHEDULE Page 2 of 2 CONFIDENTIAL © Lumen Technologies. All Rights Reserved. v1.06302023
2.4 Service Levels. Lumen Internet On-Demand is subject to the Lumen Service Level Agreement available at https://assets.lumen.com/is/content/Lumen/lumen-service-level-agreementpdf?Creativeid=dc0beb0f-83c4-46d5-8684-85af0333edbe and subject to change. If Lumen changes the Lumen Service Level Agreement and the change is material and detrimental, Customer may request and receive the last version of the Service Level Agreement in effect before the change.
3. Customer Responsibilities.
3.1 Charges. Service is provided at a fixed amount of bandwidth/capacity selected by Customer and billed at an hourly rate. Hourly charges will begin to accrue immediately after Customer receives online notice that the Service is activated and ready for use. Customer will continue to be billed for each consecutive hour, rounded up to the next whole hour, until Service is disconnected. Disconnects must be initiated by Customer. Hourly charges are calculated based on Coordinated Universal Time (UTC) and will be invoiced as NonRecurring Charges (NRC). Customer will be billed the hourly rate for the bandwidth level selected by Customer notwithstanding Customer’s actual usage.
3.2 Additional Customer Responsibilities. Customer is solely responsible for all equipment and other facilities used in connection with the Service which are not provided by Lumen. All IP addresses, if any, assigned to Customer by Lumen will revert to Lumen upon termination of Service, and Customer will cease using such addresses as of the effective date of termination. Unless the parties otherwise agree in writing, Customer has sole responsibility for ordering, securing installation, and ensuring proper operation of any and all equipment required to enable Customer to receive the Service.
3.3 Resale Restriction. Notwithstanding anything to the contrary in the Agreement, Customer is prohibited from reselling Internet On-Demand Service or any ports provided under this Service Schedule as a stand-alone service to a third party without the express written consent of Lumen, provided, however that Customer may bundle any Internet On-Demand Service or any ports provided pursuant to this Service Schedule with any other Lumen services (to the extent resale of those service is allowed) or the services of Customer and resell such bundled service to Customer’s subscribers and its customers.
3.4 Business Contact Information. Customer must provide to Lumen the names of and contact information (“Business Contact Information”) for its employees (“Business Contacts”) who have purchasing or other responsibilities relevant to Lumen’s delivery of international Service under this Service Schedule. Customer consents to Lumen’s and its affiliates or subcontractors’ use and transfer to the United States of Business Contact Information for the purpose of: (a) fulfilling its obligations under this Service Schedule; and (b) providing information to Customer about Lumen’s products and services via these Business Contacts. Customer represents that the Business Contact Information is accurate and that each Business Contact has consented to Lumen’s processing of their Business Contact Information for the purposes set forth in this Service Schedule. The Business Contact Information provided by Customer has been collected, processed, and transferred in accordance with applicable laws, including, where applicable, any necessary notification to the relevant data protection authority in the territory in which Customer is established (“Authority”). Customer will notify Lumen promptly of staffing or other changes that affect Lumen’s use of Business Contact Information. Lumen will have in place technical and organizational measures that support a level of security appropriate to the risk represented by the processing and the nature of the Business Contact Information and that is designed to protect such information against accidental or unlawful destruction or accidental loss, alteration, and unauthorized disclosure or access. Lumen will use the information only for the express purposes set forth in this Service Schedule. Lumen will identify a contact authorized to respond to inquiries concerning processing of Business Contact Information and will reasonably cooperate in good faith with Customer and the Authority concerning all such inquiries without excessive delays.