Policies and Procedures

Peak10 Customer and its Representatives, employees, contractors, customers, agents and users of Customer's online facilities are subject to these Policies and Procedures in connection with their use of Peak10's Internet Data Center services.

ACCESS TO Peak10 INTERNET DATA CENTERS

Policy

Peak10 operates a secure facility. Access to the building is controlled through the use of a proximity badge system, which includes a photo of the client to whom the card was issued. All exterior approaches and internal areas of the facility are monitored 24x7 through closed-circuit cameras, which record and archive all images. Access to the data center itself is controlled through the use of biometric hand scanners in conjunction with the badge access system.

Purpose 

To provide a safe working environment for employees and customers. Also to limit or prevent unauthorized personnel from obtaining access to Peak10 or Peak10 clients' equipment.

Procedures

Clients register valid representatives during the provisioning sequence, and identify individuals who should be allowed access to the facility. During the provisioning sequence is where these individuals are supplied with badge access cards and entered into the hand scanner for access. Each client is allowed 5 access badges. Additional badges are available upon request with Peak10 approval.

Each user will have a photograph taken, which will be printed on the front of all badge access cards as well as stored in the access control system. Users also must provide a valid drivers' license number or allow Peak10 to make a copy of a valid photo ID. This will allow Peak10 personnel to verify a client's or their representative's identity in the event an employee feels a badge card may have been counterfeited. Each badge type is created with a different color code/pattern. Peak10 Employee badges are outlined with red bars, Customer/Client badges are outlined with blue bars and contractor or temporary access badges are outlined with yellow/black construction bars. 

Areas of Access* 

Clients of Peak10 that purchase a Lockable cabinet will have full access to the following areas:

• Lobby - Unescorted
• Data Center - Unescorted
  
• Conference Room - By appointment
  
• Shipping and Receiving - Unescorted
  
• Break Fix Area - Unescorted

Clients of Peak10 that purchase a Rackwill have limited access and be escorted in the following areas:

• Lobby - Unescorted
  
• Data Center - Escorted
  
• Conference Room - By appointment
  
• Shipping and Receiving - Escorted
  
• Break Fix Area - Escorted

*All areas, whether Escorted or Unescorted, are available 24x7 365 days a year. Areas deemed by appointment only, are at a first come first serve basis.

Security Breaches

While in the data center area, clients will be monitored to assure they are within their own designated area working on their own equipment. If clients enter areas that have not been designated as a client-accessible area, they will be asked to return to their designated access areas. If, by Peak10's sole discretion, the client is perceived as posing a security risk to other clients of Peak10 or to Peak10's own equipment, the client will be asked to leave and reported to the client's executive staff for deliberation on future access. If a client becomes belligerent or refuses to present valid identification, Peak10 staff will contact campus security and ask for security to escort the individual off the campus grounds. The contact information for Campus Security will always be listed in the contact management system, as well as in the front of the NOC manuals.

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USE OF Peak10 INTERNET DATA CENTER FACILITY

Customer and its Representatives agree to adhere to and abide by all security and safety measures established by Peak10 and set forth in the Peak10 New Member Guide provided by Peak10 to Customer. Customer and its Representatives shall also not do or participate in any of the following: 

• misuse or abuse any Peak10 property or equipment or third party equipment
• make any unauthorized use of or interfere with any property or equipment of any other Peak10 Customer
• harass any individual, including Peak10 personnel and representatives of other Peak10 Customers
• engage in any activity that is in violation of the law or aids or assists any criminal activity while on Peak10 property or in connection with the Internet Data Center Services 
  Prohibited Items. Customer and its Representatives shall keep each Customer Area clean at all times. It is each Customer's responsibility to keep its area clean and free and clear of debris and refuse. 

Customer shall not, except as otherwise agreed to in writing by Peak10, (1) place any computer hardware or other equipment in the Customer Area that has not been identified in writing to Peak10; (2) store any paper products or other combustible materials of any kind in the Customer Area (other than equipment manuals); and (3) bring any Prohibited Materials (as defined below) into any Peak10 Internet Data Center. "Prohibited Materials" shall include, but be not limited to, the following and any similar items: 

• food and drink 
• tobacco products 
• explosives and weapons 
• hazardous materials 
• alcohol, illegal drugs and other intoxicants 
• electro-magnetic devices which could unreasonably interfere with computer and telecommunications equipment 
• radioactive materials 
• photographic or recording equipment of any kind (other than tape back-up equipment) 

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PARKING 

Peak10 provides dedicated customer parking which is located in front of the data center entrance, these parking spaces are marked as Peak10 Customer Parking which is available 24 hours a day 7 days a week. Other parking is also available in front of the data center in spaces marked as 30 Minute Parking Only. This area is monitored so as to adhere to the 30 minute limit. If all these spaces are occupied, there is extra parking available in the garage on floors 3 and 4.

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FOOD & DRINK 

Within Peak10 Data Center, food and drink are not allowed in areas where raised flooring exists. These areas are clearly marked. There are no exceptions.

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EQUIPMENT AND CONNECTIONS

Customer Equipment. Each piece of equipment installed in a Customer Area (the "Customer Equipment") must be clearly labeled with Customer's name (or Customer ID provided in writing to Peak10 on New Member Provisioning Form) and individual component identification. Each connection to and from a piece of Customer Equipment shall be clearly labeled with Customer's name (or Customer ID provided in writing to Peak10 on New Member Provisioning Form) and the starting and ending point of the connection. Customer Equipment must be configured and run at all times in compliance with the manufacturer's specifications, including power outlet, power consumption and clearance requirements. Customer must use its best efforts to provide Peak10 with at least 48 hours prior notice any time it intends to connect or disconnect any Customer Equipment or other equipment. 

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ONLINE CONDUCT 

Customer Content. Customer acknowledges that Peak10 exercises no control whatsoever over the content of the information passing through Customer's site(s) and that it is the sole responsibility of Customer to ensure that the information it and its users transmit and receive complies with all applicable laws and regulations and these Policies and Procedures.
As clients are ultimately responsible for the actions of their clients over the Peak10 network, it is advisable that clients develop an Acceptable Use Policy similar to the Acceptable Use Policy below:

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ACCEPTABLE USE POLICY

Prohibited Activities. Customer will not and will not permit any persons ("Users") using Customer's online facilities and/or services, including, but not limited to, Customer's Web site(s) and transmission capabilities, to do any of the following ("Prohibited Activities"):

• Transmission, distribution or storage of any material in violation of any applicable law or regulation. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
• Sending unsolicited mail/usenet messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements and political tracts. A user shall not use another site's mail or usenet servers to relay messages without the express permission of the site.
• Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking"), including any unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Peak10 customers or end-users by any means or device.
• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
• Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
• Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
• Knowingly engage in any activities that will cause a denial-of-service (e.g., synchronized number sequence attacks), whether on the Peak10 network or on another provider's network.
• Using Peak10 Products and Services to interfere with the use of the Peak10 network by other customers or authorized users.

The Acceptable Use Policy (AUP)  is not exhaustive and Peak10 reserves the right to modify the AUP at any time.

No credits will be issued for any interruption in service resulting from policy violations.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY and ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A Peak10 CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER. 

Peak10 will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected.

Remedy. Peak10 reserves the right to suspend network access to any customer if, in the judgment of the Peak10 network administrators, the customer's server is the source or target of the violation of any of the other terms of the AUP. If inappropriate activity is detected, all accounts of the Customer in question may be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

Violators of the policy are responsible, without limitations, for the cost of labor to cleanup and correct any damage done to the operation of the network and business operations supported by the network and to respond to complaints incurred by Peak10. Such labor is categorized as emergency security breach recovery and is currently charged at $250 USD per incident per hour required.

Complaints regarding network abuse or violations of this policy should be sent to abuse@xodiax.com .

Suspension and Termination of Service. Peak10 reserves the right to suspend and/or terminate a Customer's Service at any time for any material failure of Customer, its Representatives or its Users to comply with these Policies and Procedures. 

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IP ADDRESS AND VLAN POLICY 

The following policy is for any IP subnet assignment for Peak10 Customers. The customer must justify any additional IP space needed for their application above and beyond what is allocated here. 

Note that a certain number of IP Addresses are included with each product/service. Additional IP Addresses are available for a fee.

Peak10 reserves 4 IP addresses within each subnet to allow for HSRP and monitoring services.

Private VLAN assignment can be configured for client on a special build scenario. This special build VLAN will encompass the number of IP addresses assigned in the chart above.

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DNS POLICY

Policy 

Peak10 provides primary and secondary name services, including assistance with initial setup of domains and changes of DNS records with a maximum 24-hour turnaround time, for clients who house equipment at the Peak10 facility, contract for a hosting product, or purchase a dedicated access product.

The Peak10 Domain Name System (DNS) Policy is designed to support consistent and reliable Domain Name service for its customers. Peak10 utilizes the Berkeley Internet Name Domain (BIND) software for name resolution service.

The Peak10 name servers are reloaded as new zones are created and activated nightly. These reloads require a certain period of time to complete due to the number of customers for which Peak10 provides DNS. Changes made will not appear until these reloads complete.

Requests for zone file changes, support or assistance should be directed to louisville.noc@xodiax.com. These requests are handled on a first come, first serve basis. DNS configuration requests will be responded to within a maximum of 24 hours of receipt. Emergency DNS changes should be requested by telephone.

Definitions

• Domain Name Services (DNS): System providing forward and reverse Domain Name lookups; in effect, the mapping of IP addresses and their associated host names.
• Primary DNS: The first advertised server that responds to requests for IP/Hostname addressing.
• Secondary DNS: The second advertised server that responds to requests for IP/Hostname addressing.
• Master DNS Server: A customer-provided Domain Name Server that Peak10 polls to collect DNS information for public advertisement

Guidelines

Peak10 provides Primary and Secondary DNS services for all customers who house equipment at the Peak10 facility, contract for a hosting product, or purchase a dedicated access product.

Customers are responsible for creation of initial domain names with a certified Internet Registrar, although Peak10 will provide assistance during the process to ensure customers have all the required information relating to Peak10-provided services. Peak10 will house and publicly advertise DNS zone information (See Figure A), as well as update forward and reverse DNS entries for a certain number of domains (corresponding to the products the customer has purchased) (See Figure C), with a maximum turnaround time of 24 hours per DNS change request. Once a customer has exceeded the product-specific limit, the customer will either be charged a monthly fee per each additional domain name housed on Peak10 servers, or must implement a Master DNS server to store all canonical DNS information for all customer zones, which will then be polled by the Peak10 DNS servers (See Figure B). The customer should only allow connections to their Master DNS server from the Peak10-controlled Primary and Secondary DNS servers.

Diagrams :

Figure A

Types of accounts for which Peak10 provides DNS services: Collocated, Hosted and Dedicated Access

Figure B

A colocated/hosted customer who has exceeded the product-specific limit and has implemented a Master DNS server:

Figure C

Implementation schedule and applicable charges

   DNS

CABINET OPTIONS AND PLACEMENT POLICY

 
Peak10 provides closed cabinets and open racks as a product to customers. Cabinets and racks can be supplied in various configurations of sizing and with multiple options.

Purpose:  

To develop and maintain a policy that ensures the safety of the Peak10 data center and promote the optimum lifespan of customer equipment placed in a cabinet or rack.

Definitions:

• 1U: 1.75 inches of useable vertical space in a rack or cabinet (industry standard)
• EIA Tapped: a #10/32 drilled/threaded hole used to mount ‘screw attached' equipment (industry standard)
• M6: a #10 square hole used to mount ‘peg or prong' style equipment (industry standard)

Base Product Descriptions:

• Full Cabinet: 40 U of useable space in a 36 inch deep steel frame cabinet with adjustable front and rear M6 mounting rails, front and rear locking doors, top-mounted electric ventilation fan
• Half Cabinet: 20 U of useable space in a 36 inch deep steel frame cabinet with adjustable front and rear M6 mounting rails, front and rear locking doors.
• 4U Cabinet: 4 U of useable space in a 36 inch deep steel frame cabinet with adjustable front and rear M6 mounting rails w/ front and rear locking doors.
• Full Rack: 40 U of useable space in a 28 inch deep steel frame rack with fixed-position front and rear EIA mounting rails
• Half Rack: 20 U of useable space in a 28 inch deep steel frame rack with fixed-position front and rear EIA mounting rails
• 4U Rack: 4 U of useable space in a steel frame rack with fixed-position front and rear EIA mounting rails

Additional Product Descriptions:

• Full Cabinet Power: 24 total outlets on one 2/12 position power strip with a local breaker connected to a 20 Amp (maximum 16 useable) circuit
• Half Cabinet Power: 16 total outlets on two power strips with local breakers connected to a shared 20 Amp (maximum 8 useable) circuit
• Full Rack Power: 20 total outlets on two power strips with local breakers connected to a dedicated 20 Amp (maximum 16 useable) circuit
• Half Rack Power: 10 total outlets on one power strip with a local breaker connected to a shared 20 Amp (maximum 8 useable) circuit
• 4U Rack Power: 4 total outlets on a shared power strip with a local breaker connected to a shared 20 Amp (maximum 4 useable) circuit
• 1U Rack Power: 1  total outlet on a shared power strip with a local breaker connected to a shared 20 Amp (maximum 2 useable) circuit

Cabinet Guidelines:

Peak10 reserves a portion of every rack or cabinet for the placement of Peak10 equipment required to provide services to the customer, or to preserve the integrity of Peak10 property. The reserved space is outside of the customer useable area (IE, in a full cabinet possessing 45 U of total vertical space, Peak10 has reserved the top 5 U of vertical space) and customer equipment must not be placed in the reserved areas. In a half lockable cabinet that possesses a total of 22U in each bay, Peak10 reserves the top 2U of space in each bay. Clients' equipment to be placed in Peak10 provided cabinets/racks, must be either rack mountable or utilize shelf units for their equipment. Shelf units can be either supplied by the client or purchased through Peak10. All shelf units must be approved by Peak10.

Power Guidelines:

Peak10 will do monthly audits on power capacity to each cabinet/rack in the facility. Based on these monthly audits, Peak10 will notify those clients that have reached critical usage on their power capacity (power capacity is based on the above definitions). Upon notification to the client, Peak10 will suggest either upgrading their capacity to ensure uptime of their equipment or spreading the equipment out into multiple cabinets. If any client refuses to upgrade their electrical capacity and the affected circuit goes down more than twice due to over utilization of that circuit, Peak10 reserves the right to demand the customer increase their capacity or remove their equipment so as to not cause any electrical/fire hazards within the data center.

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SUPPLEMENTAL SERVICES

Subject to the terms and conditions set forth in the Master Services between Peak10 and the Customer, Peak10 may, from time to time, provide Customer with certain limited services and equipment needed and requested by Customer on a "one-off" or emergency basis where such services are not included within the scope of the services purchased by Customer. Customer may be charged for all supplemental services provided Customer. Peak10 has no obligation to determine the need for or provide supplemental services. All supplemental services are provided on an "as-is" basis and exclude warranties of any kind, whether express or implied. 

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PROBLEM MANAGEMENT

Policy
Problem management involves reducing business losses that result from a service outage. This entails providing Network Operations with processes to help them efficiently and effectively respond to service problems, reducing their impact and recurrence. 

Scope
Problem management is the process of identifying and resolving network/system problems. The goal of problem management is to maintain the highest standard of reliability and availability possible to the Peak10 Data Center. The following procedures are considered the main focus of Peak10 Network Operations Center's problem management services. 

Procedures
In the event of an unscheduled problem or outage in the Peak10 Data Center, the NOC will follow an interwoven set of procedures to facilitate quick resolution. They are problem alert, tracking, problem identification and isolation, notification and troubleshooting. Many of these tasks are enacted simultaneously as the Peak10 NOC utilizes its many resources to help resolve the problem. If action or resolution is not found within accepted time intervals, problem escalation will be enforced to ensure that all available resources are utilized in the effort to remedy the network/system problem. 

Problem Alert

• The Peak10 NOC has both proactive and reactive methods of identifying events affecting the performance of the network/systems. NOC technicians are available twenty- four hours a day, seven days a week. Telephone contact is the preferred and most immediate means of reporting any type of network problem, question, or emergency. Calls are immediately logged as an incident in the trouble ticket system with event history, contact information, resolution details and follow up procedures. 
• The trouble ticket system allows detailed information on each problem to be shared by NOC personnel. All team members maintain a general working knowledge of all open tickets even if their special technical concentration is not specifically involved. The Peak10 NOC uses a nationwide paging system to ensure that any member of the team may be reached regardless of their location. 
• NOC technician assistance is also available via email. NOC email is checked continually day and night. Email submissions are either resolved with a direct response or developed into an incident for further follow up in the trouble ticket system. 
• The Peak10 NOC uses multiple tools and procedures in a front line, proactive approach towards the detection of potential network/system failures. The NOC employs multiple network/system monitoring programs running across several platforms. The variety and combination of programs helps insure strict monitoring of the network/system resources. 
• The monitoring tools allow the NOC to properly perform its network responsibilities. Multiple graphic summaries of network status and device specific detailed statistical information provide immediate and appropriate action by NOC personnel. NOC monitoring procedures provide accurate problem reporting, assistance in effective troubleshooting and the development of procedures to anticipate and prevent future events affecting network/system availability. 
• Once the Peak10 NOC is alerted to a problem on the network or its systems, it begins a highly structured set of procedures towards problem resolution. 

Tracking

• At the onset of problem determination, a Peak10 NOC technician will open a trouble ticket. This will include all relevant information relating to the problem. The intermediate steps of tracking will include comprehensive updates of related information as it becomes available. This will provide a detailed chronology of the problem, including coordination efforts, from start to finish. Upon resolution, an incident is only closed after all related information is compiled. This includes detailed problem solving and resolution summaries from Peak10 engineers or other related participants. Following closure, the incident is available as a future resource for similar problems. 

Problem Identification and Isolation

• Once a network/system problem has been determined, the Peak10 NOC technicians will utilize their tools and network/system expertise to help identify and isolate the problem. Through Peak10 escalation process, the Peak10 engineers may be utilized as the NOC Technicians exhausts their expertise. Once escalated to Peak10 engineers, they will have primary problem identification and isolation responsibilities. In conjunction with the engineers, the Peak10 NOC technicians will continue to help in whatever manner necessary until the problem is identified. 

Notification

• To ensure proper communication during network/system problem, the Peak10 NOC will utilize several methods of information dissemination. Notification of the problem will be sent via email to an appropriate Peak10 listserv. 
• Notification will be sent out in various phases. They are:
  Initial Status Report: 
  This will be performed as soon as a problem has been reported, and a problem ticket is opened. Notification may not initially identify the cause or source of difficulty, but will report what network/system components are affected, the status of their functionality, and the scope of the outage in relation to the Peak10 network/system as a whole. 
  Identification: 
  This phase will state the cause and source of the problem (if not already related in the Initial Status Report) and what course of corrective action is being followed. An estimated time of resolution will be given, if at all possible. 
  Updates: 
  Periodic updates will be given until problem has been resolved. Any new information, milestones, or setbacks will be included. 
  Closure: 
  Upon closure, a resolution synopsis will be prepared and distributed immediately. This notice will include details regarding final resolution. Any other important pieces of information will also be disclosed. Review of the completed trouble ticket will be available upon request. 

Troubleshooting

• It is the primary responsibility of the Peak10 engineers to troubleshoot problems on the Peak10 network as well as the systems that deliver service. However, this is often a collaborative effort with our vendor partners in support of the Peak10 Network. Joint problem solving and coordination procedures have been established with Cisco's Technical Assistance Center (TAC) and our carriers' NOC. Each maintains their own Trouble Ticket system, with information shared between parties in a collaborative effort to resolve the problem. Once a Trouble Ticket is opened with a vendor, NOC technicians contact the appropriate engineers and support personnel throughout the Peak10 network and inform them of the events and procedures relating to the problem.

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PROBLEM ASSIGNMENT AND ESCALATION

Peak10 NOC is responsible for carrying out day-to-day operations and providing front-line support for customer network/system connections.

Peak10 responsibilities include responding to network outages or system outages and adhering to standard trouble-shooting procedures, providing detailed reports to customers and informing, broadcasting and reporting any outages as required. 

Peak10 day to day operations also include the provisioning of new managed colocation customers as well as commissioning of new leased line customers, installation of gateway routers for connection to leased line customers, monitoring of port connection status and through-put, monitoring leased line connections to customers, monitoring customer system/application status, monitoring physical environment including security, power and climate and providing front line support to customers through our NOC hotline. 

When in the course of monitoring the network/systems, a problem is encountered that cannot be readily corrected by NOC staff, the appropriate Network or System administrator or group will be alerted. 

Escalations:

Level 1 - Escalation Level One is the initial level for all incidents. The Peak10 contact must be available 24x7x365 and therefore represents a role rather than an individual. The contacts at this level must have the ability to call upon engineers and to escalate to management as required.

Level 2 - Escalation Level Two represents the next level of management. Escalation to this level is appropriate only when Level One interaction has failed to result in resolution and further action transcends the authority of Level-One staff.

Level 3 - Escalation Level Three represents engineering with authority to take actions that transcends the authority of Level Two staff. Escalation to Level Three is appropriate in cases where Level-One and Level-Two interactions have been unsuccessful in resolving an operational issue. 

Level 4 - Escalation Level Four represents senior management with authority to take actions that fall outside the standard operating policies of the concerned organizations. Escalation to Level Four is appropriate in cases where Level-Two and Level-Three interactions have been unsuccessful in resolving an operational issue. 

Escalation Levels

Level 1 NOC Technician

Level 2 NOC Manager

Level 3 Director of Operations and Engineering

Level 4 Vice President of Operations, CEO, COO, CTO

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LEVELS OF SEVERITY

Low - This level of severity is typically handled by NOC Technicians. Typical issues or problems that are assigned a low level of severity include but are not limited to the following:

• Abuse complaints
• Updates to Customer facing Peak10 services
  o Monitoring
  o Mail
  o DNS
• Poor LAN Performance
• Customer lease line poor performance
• Facilities impaired but not down

Medium - This level of severity is typically handled by our NOC Technicians and escalated through the appropriate areas if needed. Typical issues or problems that are assigned a medium level of severity include but are not limited to the following:

• Customer server is down/impaired
• Customer services are down/impaired
• Network Attacks

High -Typical issues or problems that are assigned a high level of severity include but are not limited to the following. Escalation steps are taken based on incident. 

• Customer lease line is down/impaired
• Peak10 network is down/impaired 
• Facilities down
  
  All network systems are spared. A failure of a single piece of network hardware should result in the spare path being used. Spared arrangements are tested prior to rollout into production with quarterly tests through equipment shutdowns to ensure proper operation. Anomalies will be troubleshot and corrected by the 3rd level support team with immediate corrective actions taken. If results from corrective actions are not immediate, escalation to manufacture support is made.

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MAINTENANCE

Policy
To adhere to industry best practices for maintaining network/systems in a production environment that reduces the risk of such intrusive maintenance to hours of operation that are less demanding.

Scope
Problem Includes all customer facing production equipment including but not limited to network, systems and facility components that are required to ensure uptime for Peak10 clients.

Procedures:

Unscheduled Outage - Immediate

• Unscheduled Outage assumes that Peak10 is experiencing an unexpected change in our network/systems/facilities that is effecting or has the potential to effect customer's ability to be serviced out of the Peak10 Data Center.
• Peak10 will provide notification of an Unscheduled Outage to its customers as soon as is commercially practical under the circumstances with information related to what occurred, what systems were/are affected and ETA to resolution if known.

Emergency Maintenance - Immediate

• Emergency maintenance denotes that part of our systems/network or facility is not operating to standards and as such has a high probability to affect service delivery. Given the level of redundant systems in our centers design, customers may or may not notice the impaired state. Emergency maintenance is typically performed to avoid an unscheduled outage.
• Peak10 will provide notification of Emergency Maintenance to its clients as soon as is commercially practical under the circumstances.

Priority Maintenance 7:00pm - 10:00pm 7 day's a week

• Priority maintenance is typically considered to repair impaired network/systems that are functional but operating below standards and has a moderate probability of affecting service delivery. Priority Maintenance typically includes intrusive testing or repair of network/system components to return to standard levels of performance.
• Peak10 will provide one (1) day prior written notice via email of Priority Maintenance.

Scheduled Maintenance 4:00am -11:00am Sunday only

• Scheduled maintenance is typically considered intrusive changes that are done to increase capacity or upgrade systems/network performance or facility components.
• Notification to Peak10 clients will be done with one (1) week notification via email.

The engineering department must review all Priority and Scheduled maintenance. A Maintenance Request Form is to be completed and submitted to engineering for approval. The form will contain the following information:

• Date the work is to be performed
• Scope of work
• Estimated time to complete
• Detailed work process
• List possible problems that could occur
• List solutions to those possible problems
• List tests to be initiated to ensure work was completed successfully
• Notation of what is to be communicated to the customers for the notification to be sent.

Upon review of the Maintenance Request, Engineering will either approve or disapprove the maintenance. Once approval has been obtained and notifications sent; work may commence on the agreed schedule. The forms will then be placed in the NOC to be archived. All maintenance requires at least two qualified technicians (qualification dependent upon work scope) to be on site during the maintenance window with a back-up technician identified and placed on an on-call status.

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ELECTRICAL UPGRADES

All electrical work that requires 'hot work' (hot work is described as any intrusion into electrical panels that supplies power to Peak10 client base in a production environment) is to be done between the hours of 5 AM to 11 AM on Saturdays. Due to the nature of Peak10 business, this type of work will be done on an on-going basis during the specified time mentioned above. This will not constitute notification to the customer. Hot work is to be done by certified electricians (typically contracted by Peak10). The contracted electrician, prior to any work, will provide a 'Hot Work Worksheet' that describes in detail the work to be performed. Both Peak10 management and the contracted vendors management must then approve the worksheet. Once all approvals have been obtained, work may then commence.

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PREVENTIVE MAINTENANCE

All Peak10 facility equipment that is designed to deliver an environment that is consistent with providing a 'data center' is maintained quarterly to prevent any downtime from said equipment. This equipment includes, but not limited to:

• Electrical Systems including but not limited to:
  o UPS Systems
  o Generator Systems
  o Transfer Switches
• Environmental Systems (Cooling/Humidity control)
• Fire Systems
  
  Preventive maintenance on any of these systems will be done based on the contracted schedules Peak10 has with the vendor. All of these systems are designed to be worked on in a production environment with no effect on Peak10 client base. 

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PROVISIONING PROCESS

A few days after returning you completed Provisioning Order Form, a Peak10 Network Operations Center (NOC) technician will contact you to begin provisioning your service. 

The NOC technician will cover the following with you:

1. Review of the steps involved in provisioning your service(s).
2. Communication of the expected turn-up or “live” date for the service(s) you ordered.
3. The process for setting up CCO (Customer Care Online), Peak10's Web-based administration tool.
4. Scheduling badge access and biometric hand scanner setups with your designated employees. 

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BILLING PRACTICES

BILLING COMMENCEMENT
As stated in the Peak10 Agreement, a service shall be considered “live” and billable according to the terms set forth below. 

• Co-location 
  At the time the Customer takes possession of cabinet/rack, or thirty (30) days from the date that Peak10 notifies Customer that space is prepared for Customer move-in, (regardless of bandwidth usage), whichever is earlier.
• Dedicated Circuits
  At the time the circuit has been tested clean (by the carrier) to Customer's interface on their CPE gear, or 72 hours after circuit has been tested clean (by the carrier) to the customer's smart jack.
• Web Hosting 
  At the time the Customer's administrative user account has been activated.
• POTS Lines  
  At the time the Customer is notified by the NOC the line is ready.
• Equipment Sales  
  At the time the Quote is signed by the Customer.
• Cross Connects  
  At the time the Customer's cross connect is complete.
• Ancillary Services (Tape Backup, Tape Swapping, Database Administration, Firewalls)  
  Any ancillary Services will be considered “live” at the time Customer begins utilization of the Peak10 Service, or thirty days from the date that Peak10 notifies Customer that Service is prepared for use, (regardless of bandwidth usage), whichever is earlier. 

PAYMENT TERMS
As stated in the Peak10 Agreement, Customer's first billing cycle begins and the first month's payment is due upon service turn-up ('live-date'). The subsequent month's payment is due the first day of each month in which service is provided. All invoices for Services rendered to Customer are due and payable within thirty (30) days of the date of invoice without demand or setoff by Customer. Any payment not received within thirty (30) days of the date of invoice shall render Customer in default of this Agreement, allowing Peak10 to interrupt Customer's service (which does not relieve Customer from its obligation to pay current monthly charge) and shall accrue a late charge equal to 1-1/2% (or the maximum legal rate, if less) of the unpaid balance per month until the delinquent amount and all late charges are paid in full to Peak10. 

CREDIT HOLD   - THIRTY (30) DAYS PAST DUE      Accounts with an outstanding balance greater than thirty (30) days past due may be changed from 'active' to 'credit hold'. Once a client reaches the status of 'credit hold', all ancillary services for that customer will be halted until customer status returns to 'active'. This includes (but is not limited to):

-Soft and hard reboots

-DNS changes

-Service requests

-CCO access

-Customer reports

When a client whose status is “credit hold” calls the NOC for any requests they will be forwarded to the  Peak10 credit department.

SIXTY (60) DAYS PAST DUE           A ccounts that become greater than sixty (60) days past due will be denied access into the data center and remaining services interrupted.  In addition, a credit card and a signed personal guarantee may be required for reinstatement of service.

BANDWIDTH BILLING METHODS:

95th percentile-based billing is in .25 Mbps increments at the 95 percentile. Bandwidth at the 95th percentile is determined by sampling the actual line usage statistics to/from the Peak10 provided switched Ethernet port by sampling every five (5) minutes, twenty-four (24) hours per day, seven (7) days per week and is the usage level (measured in Mbps defined as 1 Mbps = 1,000,000 bits per second) under which 95% of the smallest samples fall. 
Transfer-based billing is determined by the collection of data (in bytes) continuously throughout the billing cycle on each port utilized by the customer. At the end of each monthly billing period, all of the data is added together to calculate a total amount of data packets transferred to/from the Peak10 provided switched Ethernet port, which determines the transfer amount billed.  Customer agrees that the Transfer-based billing model will switch to the 95 th percentile model for billing purposes in any month during which Customer's bandwidth exceeds 512 Kbps.

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REBOOT POLICY

As a value added service to Peak10 client base, Peak10 will, upon client's initiative, perform hard and soft reboots. This re-boot policy is to ensure that such intrusive activity is done in a proper manner as to aid in the clients ability to service their customers and ensure Peak10 NOC can perform such activity that will not hinder the ability to service other clients.

This policy covers both hard reboots as defined as power cycling server equipment and soft re-boots as defined as properly shutting down and re-starting applications that reside on the server.

Procedures:

Hard Reboots

Client Responsibilities:

• The Client will label all equipment housed in the Peak10 facility in a way that is reasonable for easy readability.
• The Client will provide any special instructions for power cycling their equipment to the Peak10 NOC.
• The Client will initiate all reboots to be performed. Typically this is done by a phone call to the Peak10 NOC.
• A password should be given to the NOC for performing reboot activities. Although this is not a requirement, it is suggested to ensure a level of security.

Peak10 Responsibilities:

• Peak10 NOC will acknowledge the request by opening a service request within Peak10 trouble ticketing system.
• Peak10 NOC will determine the machine to be rebooted and any special instructions that were given and perform the reboot by power cycling the said equipment.
• Upon successful completion the service request will be closed.
• Upon unsuccessful completion a call is placed to the Client for further instructions.

Soft Reboots

Client Responsibilities:

• The Client will label all equipment housed in the Peak10 facility in a way that is reasonable for easy readability.
• The Client should provide their own monitor and keyboard and any KVM switches necessary to perform the restart, or make allowances for the NOC to use Microsoft Terminal Services, or Telnet to stop and restart the services.
• The Client will provide any special instructions for restarting applications on their equipment to the Peak10 NOC.
• The Client will initiate all restarts to be performed. Typically this is done by a phone call to the Peak10 NOC.
• A password should be given to the Peak10 NOC for performing restart activities. Although this is not a requirement, it is suggested to ensure a level of security.

Peak10 Responsibilities:

• Peak10 NOC will acknowledge the request by opening a service request within Peak10 trouble ticketing system.
• Peak10 NOC will determine the machine/application to be restarted and follow all instructions that were given to perform the soft reboot.
• Upon successful completion, the service request will be closed.
• Upon unsuccessful completion, a call is placed to the Client for further instructions.

Other Options

The client can run command line utilities remotely for NT/2000 Servers (shutdown.exe) without utilizing the Peak10 NOC. Those procedures are as follows:

• In order to use the use NET STOP/START and shutdown.exe utility remotely the Administrator must install the Remote Console service from the Windows NT/2000 Resource Kit, please see the attached file for details.

• See the attached file for details on the installation and use of the shutdown.exe utility:

• On Windows 2000 Advanced Server, a much higher degree of remote management can be obtained by installing Terminal Services in Administrative mode.

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TAPE SWAPPING POLICY

Peak10 offers basic tape swapping as a service for customers at an additional fee. Basic service includes the monthly, weekly, or daily rotation of tapes by a Peak10 Network Operations Technician of a single tape cartridge or prepared tape library storage unit. All tapes are stored in an appropriate storage container or rack-mounted storage unit in the customer's cabinet unless the customer at an additional fee has purchased the basic service of off-site storage.

Procedures:

Customer Equipment
Each customer purchasing the basic services of tape swapping is required to provide their own tape drive or drive system, all media, and an appropriate container or containers for in-cabinet or in-rack storage of tapes.

Customer Documentation
Each customer must provide in writing a step-by-step procedure for the tape-swapping process. Peak10 Network Operations Technicians will not be responsible for any software management that requires a system login. All documentation must include instructions on any tape system ejection or release mechanisms, including all indicator lights. All documentation must include any instructions on how and when to contact the customer in the event of an error or if the Peak10 Network Operations Technician encounters any situation not exactly covered in the customer provided documentation.

Scheduling
Each customer must provide in writing a schedule of times when they wish the tapes to be swapped. All tape swapping will occur within a 2-hour window beginning at the time the customer requests a tape-swap to occur.

Additional Provisions
If the customer has any special scheduling needs or instructions, which would exceed the provisions of this policy and procedure, these must be documented by the customer and submitted for approval by the Peak10 Network Operations Center.

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CROSS CONNECTS

Cross Connect Usage Policy

Peak10 prohibits the transmission of third party Internet bandwidth traffic across cross connects inside the Peak10 facility.  Cross connects terminating into a Client's Cabinet or Rack in the Peak10 facility shall not include third party Internet bandwidth and are intended for private or point-to-point traffic only.  If third party Internet connectivity is required, prior approval from Peak10 management is necessary and additional charges may apply.  

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MANAGED SERVICES

Billable Managed Service Events

Peak10 considers the following Managed Services as billable: initial configuration or installation of software or hardware not included in a base product or product package; troubleshooting or reconfiguration for unmanaged customer-owned equipment such as routers, firewalls, or colocated equipment; custom configurations or installations of patches, software, or extensions; training for customer or customer representatives.

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SERVICE LEVEL AGREEMENT (SLA)

Managed Colocation SLA

Peak10 provides a Service Level Agreement (SLA) for space, power and bandwidth as part of the managed colocation Agreement. Our operating goal is 99.99% uptime for closed cabinets and 99.9% uptime for open racks. 

For each continuous hour that the space, power or bandwidth (as noted in executed Quote Agreement between customer and Peak10) should be unavailable, Peak10 shall credit your account the following month with a credit equal to one day's worth (1/30th) of the customer's previous month's managed colocation service charge (managed colocation service is defined as managed colocation space, power and bandwidth.) This credit shall not exceed a full month's (30/30th) managed colocation service charge. 

Limitations:  

• Bandwidth is limited to the Peak10 internal network (connectivity over which Peak10 has ultimate control - services within the Peak10 data center facility.)  Connectivity entering into and exiting the Peak10 facility is not covered. Peak10 warrants that it will use commercially reasonable efforts to provide the amount of Bandwidth requested by customer. 
• Customers must have redundant power and bandwidth configurations to be eligible for any SLA credits. 
• Notwithstanding the foregoing, customer shall not be entitled and shall not receive any credit for service unavailable due to planned or routine maintenance, acts or omission of customer or customer's assigns, agents or clients including electronic or physical sabotage, or connectivity and services not in direct control by Peak10, or any force majeure event.

Reporting Procedure:  

• Customer must notify Peak10, in writing, within 30 days of incident for Peak10 to verify and qualify the customer for the SLA credit.   

Managed Web Hosting SLA

Peak10 provides a Service Level Agreement (SLA) for power, bandwidth, hardware and operating system as part of the Managed Web Hosting  Agreement. Our operating goal is 99.99% uptime for power and bandwidth and 99% for hardware and operating system.   

For each continuous hour that the power, bandwidth, hardware or operating system  (as noted in executed Quote Agreement between customer and Peak10) should be unavailable, Peak10 shall credit your account the following month with a credit equal to one day's worth (1/30th) of the customer's previous month's managed web hosting service charge.  This credit shall not exceed a full month's (30/30th) managed web hosting service charge. 

Limitations:  

• Bandwidth is limited to the Peak10 internal network (connectivity over which Peak10 has ultimate control - services within the Peak10 data center facility.)  Connectivity entering into and exiting the Peak10 facility is not covered. Peak10 warrants that it will use commercially reasonable efforts to provide the amount of Bandwidth requested by customer. 
•          Customers must have redundant power and bandwidth configurations to be eligible for any SLA credits. 
•          SLA applies to Web Hosting configurations with redundant Hardware design, explicitly designated by Peak10 engineering as being eligible for the Web Hosting Hardware and Operating System SLA. Specifically, only Hardware installed by Peak10 and the original operating system installed on such Hardware is included in the SLA. An outage occurs when all of the functionally redundant nodes of Customer Solution will not respond when queried by Peak10's monitoring system due solely to functionally redundant Hardware failure as determined by Peak10, for more than 60 continuous minutes.
•          Notwithstanding the foregoing, customer shall not be entitled and shall not receive any credit for service unavailable due to planned or routine maintenance, acts or omission of customer or customer's assigns, agents or clients including electronic or physical sabotage, or connectivity and services not in direct control by Peak10, or any force majeure event.

Reporting Procedure:  

• Customer must notify Peak10, in writing, within 30 days of incident for Peak10 to verify and qualify the customer for the SLA credit.   

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GENERAL CONTACT INFORMATION

Senior Management Contact List

Network Operations Center Contact List : Louisville Center
Peak10 Data Centers
Data Center Facility - Louisville
733 Barret Avenue
Louisville, Kentucky 40204
Network Operations Center (NOC) phone: (502) 315-6015
Fax: (502) 315-6035

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If you need assistance our qualified staff are available to assist. Please contact our Network Operations center at (502) 315-6015 or email support@Peak10.com.