COMCAST ENTERPRISE SERVICES PRODUCT-SPECIFIC ATTACHMENT ETHERNET DEDICATED INTERNET SERVICES
ATTACHMENT IDENTIFIER: Ethernet Dedicated Internet, Version 1.8
The following additional terms and conditions are applicable to Sales Orders for Comcast’s Ethernet Dedicated Internet Service:
Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the General Terms and Conditions.
“Estimated Availability Date” means the target date for delivery of Service.
“HFC Network” means a hybrid fiber coax network
“Interconnection Facilities” means transmission capacity provided by Comcast, Customer or a third-party supplier to extend the Comcast Equipment from a Comcast terminal to any other location (e.g., a local loop provided by a local exchange company or other communications company).
“Off-Net” means geographical locations that are outside of Comcast’s service area and/or geographical locations that are within Comcast’s service area generally, but are not readily accessible by Comcast network facilities. All Off-Net Services are provided by third-party service providers. Off-Net Services provisioned over a fiber optic network are referred to as “Off-Net Fiber.”
“On-Net” means geographical locations where Comcast currently provides Services through its Comcast network. On-Net Services may be provisioned over a fiber optic network (“On-Net Fiber”), or via a HFC Network (“On-Net HFC”), as available through Comcast.
“Service(s)” means Ethernet Dedicated Internet Services.
ARTICLE 1. SERVICES
This attachment shall apply to Ethernet Dedicated Internet Service. A further description of the Service is set forth in Schedule A-1 hereto which is incorporated herein by reference.
ARTICLE 2. PROVIDER
On-Net Service shall be provided by Comcast Business
On-Net Service provided over the HFC Network and Off-Net Services are available in a limited number of markets. For information on service availability, call 866-429-0152.
ARTICLE 3. CUSTOM INSTALLATION FEES
Once Comcast accepts a Sales Order for Services, Comcast will invoice Customer for all Custom Installation Fee(s). Customer will pay the Custom Installation Fee(s) within thirty (30) days of the invoice date unless a payment schedule is specified in the applicable Sales Order.
ARTICLE 4. PROVISIONING INTERVAL
Following its acceptance of a Sales Order, Comcast shall notify Customer of the Estimated Availability Date applicable to that Sales Order. Comcast shall use commercially reasonable efforts to provision the Services on or before the Estimated Availability Date; provided, however, that Comcast’s failure to provision by said date shall not constitute a breach of the Agreement.
ARTICLE 5. SERVICE COMMENCEMENT DATE
Comcast shall inform Customer when Service is available and performing in accordance with the “Technical Specifications” set forth in Schedule A-1 hereto (“Availability Notification”). Charges for Service shall begin to accrue as of the Service Commencement Date. The Service Commencement Date shall be earliest of: (A) the date on which Customer confirms receipt of and concurrence with the Availability Notification; (B) five (5) business days following the date of the Availability Notification, if Customer fails to notify Comcast that the Service does not comply materially with the Technical Specifications (defined in Article 8); or (C) the date on which Customer first uses the Service. In the event that a Service Term has not been expressly set forth in a Sales Order, the Service Term for such Sales Order shall be twelve (12) months
ARTICLE 6. TERMINATION CHARGES; PORTABILITY; UPGRADES
6.1 The charges set forth or referenced in each Sales Order have been extended to Customer in reliance on the Service Term.
6.2 Termination Charges for On-Net Services.
A. In the event that On-Net Service is terminated following Comcast’s acceptance of the applicable Sales Order, but prior to the Service Commencement Date, Customer shall pay Termination Charges equal to the costs and expenses incurred by Comcast in installing or preparing to install the On-Net Service plus twenty percent (20%).
B. In the event that On-Net Service is terminated on or following the Service Commencement Date but prior to the end of the applicable Service Term, Customer shall pay Termination Charges equal to a percentage of the monthly recurring charges remaining for the unexpired portion of the then-current Service Term, calculated as follows:
i. 100% of the monthly recurring charges with respect to months 1-12 of the Service Term; plus
ii. 80% of the monthly recurring charges with respect to months 13-24 of the Service Term; plus
iii. 65% of the monthly recurring charges with respect to months 25 through the end of the Service Term; plus
iv. 100% of any remaining, unpaid Custom Installation Fees.
Termination Charges shall be immediately due and payable upon cancellation or termination and shall be in addition to any and all accrued and unpaid charges for the Service rendered by Comcast through the date of cancellation or termination.
C. Termination Charges for Off-Net Services. In the event Customer terminates Off-Net Service following Comcast’s acceptance of the applicable Sales Order but prior to the end of the applicable Service Term, Customer shall pay Termination Charges equal to 100% of the monthly recurring charges remaining through the end of the Service Term plus 100% of any remaining, unpaid Custom Installation Fees. Customer shall, pursuant to Article 3.2 of the General Terms and Conditions, also pay any third-party service provider ancillary fees incurred by Comcast due to the early termination of Service by the Customer.
6.3 Exclusions. Termination Charges shall not apply to Service terminated by Customer as a result of Comcast’s material and uncured breach in accordance with Article 5.2 of the General Terms and Conditions.
6.4 Portability. Customer may terminate an existing On-Net Service (an “Existing Service”) and turn up a replacement On-Net Service (i.e., activate Service with termination points on Comcast’s network that are different than those of the Existing Service) (a “Replacement Service”) without incurring Termination Charges with respect to the Existing Service, provided that: (a) the Replacement Service must have a Service Term equal to or greater than the remaining Service Term of the Existing Service, but in no event less than twelve (12) months; (b) the Replacement Service must have monthly recurring charges equal to or greater than the monthly recurring charges for the Existing Service; (c) Customer submits a Sales Order to Comcast for the Replacement Service within ninety (90) days after termination of the Existing Service and that Sales Order is accepted by Comcast; (d) Customer reimburses Comcast for any and all installation charges that were waived with respect to the Existing Service; and (e) Customer pays the actual costs incurred by Comcast in installing and provisioning the Replacement Service.
6.5 Upgrades. Customer may upgrade the speed or capacity of an Existing Service without incurring Termination Charges, provided that: (a) the upgraded Service (the “Upgraded Service”) must assume the remaining Service Term of the Existing Service, but in no event less than twelve (12) months; (b) the Upgraded Service must have the same points of termination on Comcast’s network as the Existing Service; (c) Customer submits a Sales Order to Comcast for the Upgraded Service and that Sales Order is accepted by Comcast; (d) Customer pays Comcast’s applicable nonrecurring charges for the upgrade; and (e) Customer agrees to pay the applicable monthly recurring charges for the Upgraded Service commencing with the upgrade. Upgrades to Off-Net Services are subject to the applicable third party service provider rules and availability. Comcast has no obligation to upgrade Customer’s Off-Net Service.
ARTICLE 7. ADDITIONAL INFORMATION
As necessary for the interconnection of the Service with services provided by third parties, Comcast may request (as applicable), and Customer will provide to Comcast, circuit facility assignment information, firm order commitment information, and design layout records necessary to enable Comcast to make the necessary cross-connection between the Service and Customer’s other service provider(s). Comcast may charge Customer nonrecurring and monthly recurring cross-connect charges to make such connections.
ARTICLE 8. TECHNICAL SPECIFICATIONS; SERVICE LEVEL AGREEMENT
The technical specifications applicable to the Service are set forth in Schedule A-1 hereto (“Technical Specifications”). The service level agreement applicable to the Service is set forth in a Schedule A-2 hereto and incorporated herein by reference.
COMCAST ENTERPRISE SERVICES
ETHERNET DEDICATED INTERNET SERVICES
SERVICE DESCRIPTIONS AND TECHNICAL SPECIFICATIONS
Comcast’s Ethernet Dedicated Internet Service will be provided in accordance with the service descriptions and technical specifications set forth below:
Ethernet Dedicated Internet Service (“EDI”). EDI provides reliable, simple, and flexible access to the Internet. The Service is offered in the Ethernet User-to-Network Interfaces (“UNI”) increments identified in Figure 1 below and is available in Committed Information Rate (“CIR”) speed increments starting at 1Mbps, subject to available capacity. The Service provides an Ethernet Virtual Connection (“EVC”) from the Customer Service Location to a Comcast Internet Point of Presence (“POP”) router.
Threat Management Services (“TMS”). TMS is a managed security service that includes threat mitigation functionality to respond to certain types of distributed denial of service (“DDoS”) attacks, including volumetric and flood attacks. TMS Service is available to Customer on either an emergency or subscription basis, both of which requires the purchase of EDI.
1. Emergency DDoS Mitigation Service (“Emergency Service”). Upon notification of suspicious traffic from Customer, Comcast will analyze traffic for anomaly detection and patterns to determine whether the business is under a DDoS attack. In performing this analysis Comcast will gather the appropriate network information (e.g., routable IP addresses). When authorized by Customer via the execution of a Sales Order Form, which will include relevant fees. Comcast will redirect Customer’s incoming Internet traffic to Comcast scrubbing centers where malicious traffic matching specific attack vectors will be filtered and legitimate traffic will be re-routed back to Customer’s network.
2. Subscription DDoS Mitigation Service (“Subscription Service”).
A. The Subscription Service is a subscription-based Service offering that provides Customer with proactive network detection of DDoS attack traffic, alert notifications, and mitigation of attacks. Upon receipt of complete and accurate Customer contact and network information, Comcast will configure Customer’s site(s), related IP addresses, and preconfigure countermeasure options. Customer will be notified to contact Comcast to perform an acceptance test. Customer has five (5) business days to contact Comcast to initiate the acceptance test to confirm that the Subscription Service is configured in accordance with Customer’s preferences after activation and to verify the operation of Subscription Service. .
B. Comcast monitors the Customer network traffic for a specified set of IP addresses. When DDoS attack traffic is detected, an alert will be sent to both the Comcast operations center and the Customer via email and SMS. During the mitigation, Comcast will redirect Customer’s incoming Internet traffic to Comcast scrubbing centers where malicious traffic matching specific attack vectors will be filtered and legitimate traffic will be re-routed back to Customer’s network. After mitigation is terminated, all traffic is re-directed back to Customer’s network via normal paths.
C. Customer has a choice of On-Demand or Automatic mitigation options under the Subscription Service:
a. On-Demand. Customer must authorize Comcast by phone to initiate mitigation. Time to mitigate (the “Mitigation Interval”) is the elapsed time from when the customer authorizes Comcast to enable mitigation until Comcast initiates mitigation of any attack traffic.
b. Automatic. With the Automatic mitigation option, no Customer intervention is required. Comcast’s scrubbing platform automatically initiates mitigation when an alert is generated due to the detection of attack traffic exceeding pre-set thresholds. The Mitigation Interval is the elapsed time from when the alert is generated to when Comcast initiates mitigation of any attack traffic.
D. For those Customers receiving the Subscription Service that request additional Mitigation Incidents beyond the pre-determined limits ordered, incremental charges may apply. A “Mitigation Incident” is defined as one (1) twenty-four (24) hour window in which Comcast provides Customer with DDoS mitigation assistance as set forth above.
3. Disclaimer. Customer acknowledges the following additional terms for the DDoS Mitigation Services
A. When Customer Internet traffic is traversing Comcast mitigation platform, Comcast makes no guarantees that only DDoS attack traffic will be prevented from reaching the Service Location nor that only legitimate traffic will be allowed to reach Customer.
B. Comcast mitigation constitutes only one component of Customer’s overall security program and is not a comprehensive security solution; instead the DDoS Mitigation Service is intended to mitigate the impacts of certain types of DDoS attacks that are already underway
C. Comcast makes no warranty, express or implied, that: (i) all DDoS attacks will be detected (for Customers receiving the Subscription Service); (iii) the mitigation efforts implemented by Comcast in response to such DDoS attacks will be successful in mitigating the overall impact of the incident; or (iii) or that Comcast detection, alerting, and/or mitigation will be uninterrupted or error-free. Customer also understands that there may be volumetric based attacks that exceed the amount of traffic volume that Comcast can successfully divert.
D. Comcast’s ability to provide the DDoS Mitigation Services is contingent on Customer providing accurate and timely information to Comcast, including the provision of IP addresses.
EDI Technical Specifications.
1. Ethernet User-to-Network Interface. The Service provides the bidirectional, full duplex transmission of untagged Ethernet frames using a standard IEEE 802.3 Ethernet interface (UNI) to attach to the Customer’s router. Figure 1 lists the available UNI speed and their UNI Physical Interfaces, and available CIR bandwidth increments and Committed Burst Sizes (CBS). CIR increments of less than 10 Mbps are generally not available in conjunction with Off-Net Services.
2. Traffic Management. Comcast’s network traffic-policing policies restrict traffic flow to the subscribed, CIR. If the Customer-transmitted bandwidth rate exceeds the subscription rate CIR and CBS, Comcast will discard the non-conformant packets. The Customer’s router must shape traffic to the contracted CIR. Traffic management policies associated with any Off-Net portions of Service will conform to the policies enforced by the third-party service provider.
3. Maximum Frame Size. The Service supports a maximum transmission unit (“MTU”) frame size of 1518 bytes including Layer 2 Ethernet header and FCS.
4. Layer 2 Control Protocol (“L2CP”) Processing. All L2CP frames are discarded at the UNI.
5. IP Address Allocation. IP address space is a finite resource that is an essential requirement for all Internet access services. Comcast assigns up to two (2) routable IP addresses to each customer circuit. Customer can obtain additional IP addresses if required based on American Registry for Internet Numbers (“ARIN”) guidelines and by completing an IP address request form; additional charges may apply.
6. Domain Name Service. Comcast provides primary and secondary Domain Name Service (“DNS”). DNS is the basic network service that translates host and domain names into corresponding IP addresses, and vice-versa.
7. Border Gateway Protocol (“BGP”) Routing. Comcast supports BGP-4 routing (“BGP-4”) as an optional service feature. BGP-4 allows Customers to efficiently multi-home across multiple ISP networks. This optional service feature requires an Autonomous System Number (ASN) be assigned to a customer by the ARIN. Customers should also be proficient in BGP routing protocol to provision and maintain this optional service feature on their router. Additional information and requirements for BGP routing will be provided to the Customer upon request. Comcast supports private peering if the Customer is multi-homed only to Comcast’s network.
8. Monitoring, Technical Support and Maintenance
1. Network Monitoring. Comcast monitors On-Net Service on a 24x7x365 basis.
2. Technical Support. Comcast provides a toll-free trouble reporting telephone number to the Comcast Enterprise Technical Support (“ETS”) center that operates on a 24x7x365 basis. Comcast provides technical support for Service-related inquiries. ETS will not offer consulting or advice on issues relating to CPE or other equipment not provided by Comcast.
A. Escalation. Reported troubles are escalated within the ETS to meet the response/restoration objectives described below (Response and Restoration Standards). Service issues are escalated within Comcast ETS as follows: to a Supervisor at the end of the applicable objective time interval plus one (1) hour; to a Manager at the end of the applicable objective time interval plus two (2) hours, and to a Director at the end of the applicable objective time interval plus four (4) hours.
B. Maintenance. Comcast’s standard maintenance window for On-Net Services is Sunday to Saturday from 12:00am to 6:00am local time. Scheduled maintenance for On-Net Services is performed during the maintenance window and will be coordinated between Comcast and the Customer. Comcast provides a minimum of forty-eight (48) hour notice for non-service impacting scheduled maintenance. Comcast provides a minimum of seven (7) days’ notice for service impacting planned maintenance. Emergency maintenance is performed as needed without advance notice to Customer. Maintenance for Off-Net Services shall be performed in accordance with the applicable third party service provider rules. Therefore, maintenance for Off-Net Service may be performed without advance notice to Customer.
3. Comcast provides certain Comcast Equipment for provisioning its Services and the delivery of the UNI, which will reside on the Customer-side of the Demarcation Point. Comcast will retain ownership and management responsibility for this Comcast Equipment. This Comcast Equipment must only be used for receipt of the Services. Customers are required to shape their egress traffic to the CIR identified in the Sales Order. Comcast will be excused from paying SLA credits, as set forth in Schedule A-2, if the Service Interruption is the result of Customer’s failure to shape their traffic to the contracted CIR or utilizing Comcast Equipment for non-Comcast provided Services.
Response and Restoration Standards
Comcast has the following response and restoration objectives:
COMCAST ENTERPRISE SERVICES
ETHERNET DEDICATED INTERNET SERVICES
SERVICE LEVEL AGREEMENT
Comcast’s Ethernet Dedicated Internet Service is backed by the following Service Level Agreement (“SLA”):
Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Ethernet Dedicated Internet Services PSA or the General Terms and Conditions.
“Planned Service Interruption” means any Service Interruption caused by planned work such as scheduled maintenance or planned enhancements or upgrades to the network.
“Service Interruption” means an interruption in transmission that renders the Service unusable due to a total loss of signal for the Service. The Service shall be “Available” in the absence of a Service Interruption.
B. EDI Service Level Agreements
1. Availability SLAs. Comcast’s liability, and Customer’s sole remedy for Service Interruptions, and errors, omissions, interruptions, delays, outages, or defects in transmission or switching of any Service (individually or collectively, “Liability”), shall be limited to the amounts set forth in the Tables below (“Credit”). For the purposes of calculating credit for a Service Interruption, the “Length of Service Interruption” begins when the Customer reports such Service Interruption and a trouble ticket is opened, and concludes upon the closing of the same trouble ticket or, if sooner, the termination of the Service Interruption less any time Comcast is awaiting additional information or premises testing from the Customer. In no event shall the total amount of Credit issued to Customer’s account on a per-month basis exceed 50% of the total monthly recurring charge (“MRC”) associated with the impacted portion of the Service set forth in the Sales Order. The Length of Service Interruptions will not be aggregated for purposes of determining Credit allowances. To qualify, Customer must request the Credit from Comcast within thirty (30) days of the beginning of the Service Interruption. Comcast shall not incur any Liability, including Credit, for any failure of the Services caused by force majeure events, Planned Service Interruptions, Customer actions, omission or equipment, CPE, or any other items set forth in the “Exceptions to Credit Allowances” section below.
TABLE 1: Availability SLA for Services provided over On-Net Fiber (99.99% Availability)
Length of Service Interruption: Amount of Credit:
TABLE 2: Availability SLA for Services provided over Off-Net Fiber (99.95% Availability)
Length of Service Interruption: Amount of Credit:
TABLE 3: Availability SLA for Services provided over On-Net HFC or Off-Net Non-Fiber Transport (99.9% Availability)
THE TOTAL CREDIT ALLOWANCES PER CALENDAR MONTH IS CAPPED AT 50% of THAT MONTH’S MRC FOR THE INTERRUPTED PORTIONS OF SERVICE. SEPARATELY OCCURRING SERVICE INTERRUPTIONS ARE NOT AGGREGATED FOR THE PURPOSES OF DETERMINING CREDIT ALLOWANCES.
2. DDoS Mitigation Services Service Level Agreement
a. Service Delivery Interval
For a customer adding Subscription Service to a new EDI service, the Subscription Service delivery interval will be the same as the EDI service delivery interval. For a customer with existing EDI service, Comcast will configure and activate Customer’s Subscription Service within ten (10) business days of submitting the order for Subscription Service.
b. Mitigation Interval
*After receipt of Customer’s notification of suspicious Internet traffic and Comcast’s acceptance of the Sales Order or Customer request, Comcast shall commence On Demand Mitigation within the above stated Mitigation Intervals. **Upon identification of suspicious Internet traffic by Comcast threat detection platform, Comcast shall commence Automatic Mitigation within the above stated Mitigation Interval.
Comcast failure to meet the above Mitigation Intervals shall not constitute a Service Interruption. The SLAs and available credits for EDI Service identified above will not apply during the time period any Comcast-imposed Threat Management countermeasures are in place.
Customer shall be entitled to up to one credit per day and, for any billing month, Credits may not exceed fifty percent (50%) of the total MRC of the Subscription Service.
In order to receive a Credit for Comcast’s failure to meet the DDoS Mitigation SLA detailed above, Customer must open a trouble ticket with Comcast. Customer must request a credit within sixty (60) days following the initial attack event.
C. Exceptions and Terms applicable to all SLAs
The parties agree that if either Party hereto, in its reasonable and sole discretion, determines that an emergency action is necessary to protect its own network, the Party may, after engaging in reasonable and good faith efforts to notify the other Party of the need to block, block any transmission path over its network by the other Party where transmissions do not meet material standard industry requirements. The Parties further agree that none of their respective obligations to one another under the Agreement will be affected by any such blockage except that the Party affected by such blockage will be relieved of all obligations to make payments for charges relating to the circuit(s) which is so blocked and that no Party will have any obligation to the other Party for any claim, judgment or liability resulting from such blockage.
All claims and rights arising under this Service Level Agreement must be exercised by Customer in writing within thirty (30) days of the event that gave rise to the claim or right. The Customer must submit the following information to the Customer’s Comcast account representative with any and all claims for credit allowances: (a) Organization name; (b) Customer account number; and (c) basis of credit allowance claim (including date and time, if applicable). Comcast will acknowledge and review all claims promptly and will inform the Customer by electronic mail or other correspondence whether a credit allowance will be issued or the claim rejected, with the reasons specified for the rejection.
Exceptions to Credit Allowances
A Service Interruption shall not qualify for the remedies set forth herein if such Service Interruption is related to, associated with, or caused by: scheduled maintenance events; Customer actions or inactions; Customer-provided power or equipment; any third party not contracted through Comcast, including, without limitation, Customer’s users, third-party network providers, any power, equipment or services provided by third parties; or an event of force majeure as defined in the Agreement.
The remedies set forth in this Service Level Agreement shall be Customer’s sole and exclusive remedies for any Service Interruption, Liability, outage, unavailability, delay, or other degradation, or any Comcast failure to meet the service objectives and Mitigation Intervals.