Dark Fiber Services
PS Lightwave or its assigns retains ownership of any applicable fiber and Customer’s interest shall only be that of a lessee. Additionally, the Applicable Fiber does not include the Customer Premise Equipment (“CPE”) which Customer will use to interface with the fiber, nor any building interior wiring, whether copper or fiber optic cable.
Preventative and demand maintenance shall explicitly not include any service calls performed by PS Lightwave whose cause is not attributable to the Applicable Fiber, such as those attributable to any actions or equipment provided by the Customer or its employees, affiliates, agents, subcontractors or vendors. Any excluded maintenance performance by PS Lightwave shall be billed at the hourly rate of Three Hundred Fifty Dollars ($350.00) on an hourly basis with a four (4) hour minimum, inclusive of all labor, equipment and materials costs (which typically includes a minimum of a two person line crew, bucket trucks(s), splicing and test equipment). The hourly rate may be increased periodically with sixty (60) days prior written notice to the Customer.
Bill of Materials (BOM)
|Fiber Optic Cable||Wave Optics||Single Mode Dry-Prep Fiber|
|Patch Panel||Century Fiber Optics||SC Patch Panel|
|Splice Enclosure||Tyco||Large 288 Fiber Capacity|
|Splice Enclosure||Tyco||Medium 60 Fiber Capacity|
|1 ¼” EMT||Summers Electric||Amount to be determined|
|2” Schedule 40 PVC||Summers Electric||Amount to be determined|
This is representative of the major material and is not meant to be complete. PS Lightwave will follow materials and installation standards as described in the BOM. Installation will be documented accordingly.
Following are sample spec sheets on one type of single-mode fiber optic cable used by PS Lightwave.
High Speed Fiber Network Internet Services
PS Lightwave retains ownership of all IP numbers and addresses that may be assigned to a Customer, and reserves the right to change or remove any and all such IP numbers and addresses, upon thirty (30) days written notice of such action. PS LIGHTWAVE has built its Internet Service offering with fault-tolerance, high availability, high quality, ease of traffic management, and security with burstable bandwidth from 10Mbps to 100Gbps, scalability and network connectivity for coverage in Harris, Galveston, Brazoria, Chambers, Waller, Montgomery and Fort Bend Counties.
95th Percentile Rule
PS Lightwave monitors and reports actual usage at the unique port residing on a PS Lightwave network switch, installed at the Customer’s site to calculate usage. The usage is determined by utilizing the 95th percentile rule. PS Lightwave will collect and record usage samples around the clock at frequent, regular intervals and calculate a monthly total which effectively disregards bursts of the top 5% usage within the total monthly sample, without incurring additional charges. The Customer will only incur additional charges, in one Meg increments, if the remaining 95% usage exceeds the contractual amount. The amount of burstable bandwidth available for Internet usage is limited by only the Internet and the PS Lightwave switch at the demarc. If the Customer at any time chooses to limit their Internet access to the contracted rate, PS Lightwave will rate shape the unique port at the PS Lightwave demarc to accommodate The Customer’s request.
Ethernet Circuit/Data Services (EPL, ELAN, WAN)
PS Lightwave shall deliver dedicated native Ethernet circuit solutions as a facilities-based provider utilizing optical fiber transmitted in a switch Layer 2 environment for point-to-point, point-to-multipoint and ring topologies, with a line speed of 10Mbps up to 100Gbps using IEEE Std 802.3-2012 defined signaling over a VLAN-aware network.
Telephony Services (VoIP & Hosted PBX Solutions)
PS Lightwave shall retain ownership of onsite equipment which Customer will use for delivery of the Services. PS Lightwave shall have the right to modify the rates and conditions at any time by providing the Customer a minimum of thirty (30) days advance written notice for domestic long distance rate changes and at least seven (7) days for international rates. VoIP Solution Service Agreement & Acceptable Use Policy terms and conditions may be reviewed on PS Lightwave’s website at www.pslightwave.com.
Reasonable Business Use
Any of PS Lightwave’s service plans that offer unlimited minutes of PSTN calls (“Unlimited Plans”) are for reasonable business use of Customer only. Reasonable Business Use does not include certain activities including, but not limited to, any of the following: autodialing, continuous or extensive call forwarding, use of virtual extensions for regular business use, continuous connectivity, fax broadcast, fax blasting, telemarketing (including without limitation charitable or political solicitation or polling), call center operations, junk faxing, fax spamming, calling/faxing any person (through the use of distribution lists or otherwise) who has not given specific permission to be included in such a process or any other activity that would be inconsistent with reasonable business usage. Any other use resulting in improper usage patterns, including but not limited to dialing patterns wherein the Customer’s inbound or outbound minutes exceeds 80% of the aggregate usage and/or average minutes per seat are in excess of 90% of all PS Lightwave customers. If PS Lightwave determines, in it’s sole discretion, that Customer is not using the Unlimited Plans for Reasonable Business Use, PS Lightwave reserves the right to immediately (a) bill Customer for the current per-minute rate for any usage determined to be outside of Reasonable Business Use and (b) to terminate or modify the terms of Customer’s Service.
Any use of the Service or any other action that causes a disruption in the network integrity of PS Lightwave or its vendors, whether directly or indirectly, is strictly prohibited and may result in termination of the Service at the sole discretion of PS Lightwave. Customer understands that neither PS Lightwave nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Service. Customer agrees that it will NOT use the Service in ways that violate any law or regulation (including but not limited to laws prohibiting transmission of unsolicited fax advertisements), infringe the rights of others, or interfere with the users, services, or equipment of the network. Customer agrees and represents that it is purchasing the Service for its own internal use, and shall not resell, transfer or make a charge for the Service without the advance written permission of PS Lightwave. Customer shall not transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Any use found to be inconsistent with this restriction will result in termination of the Service.
It is the express intention of the parties that Customer, and not PS Lightwave, shall bear the risk of loss arising from any unauthorized or fraudulent usage of the Service. PS Lightwave reserves the right, but is not required, to take any and all action it deems appropriate (including blocking access to particular calling numbers or geographic areas) to prevent or terminate any fraud or abuse in connection with the Service, or any use thereof, provided, however, that any such action shall be consistent with applicable federal and state laws, rules, and regulations and provided further that the failure to take any such action shall not limit Customer’s responsibility for all usage of the Service
Call Origination & Termination
PS Lightwave offers Toll Free Call Origination, PSTN Usage Fee Based Call Origination, and Continental US (CONUS-1) Tier 1 Call Origination &Termination, USS0 (Tier-n) Call Origination & Termination, and World Wide International Call Termination. Per Minute Rates for various Call Origination & Termination Services are subject to the applicable Service Order, except that USS0 (Tier-n) Call Origination and Termination and World Wide International Rate Schedule are subject to Tier based Rate Schedules and foreign LEC surcharges and are subject to change. 900 Calls are blocked on the PS Lightwave Network. Telephone Number Porting: Customer Agrees to pay the then current rate schedule for porting numbers into the PS Lightwave network, as well as pay the then current telephone number port-out charges when porting numbers out or away from the PS Lightwave Network.
Interstate Service Representation
PS Lightwave and its Affiliates (defined in Section 21 below) shall not be obligated to make available intrastate Service, e.g., any Service on a circuit which originates/terminates at points both of which are situated within a single state, unless PS Lightwave or its Affiliates specifically offer an intrastate Service, or an information Service as defined in 47 U.S.C. Section 1S3(20) or unless Customer represents in writing that such Service (other than switched voice services) or circuit shall be used to carry more than ten percent (10%) interstate or foreign telecommunications traffic. Customer hereby represents that no more than ten percent (10%) of the transmissions on each circuit shall be interstate transmissions or foreign transmissions as those terms are defined in 47 U.S.C. Sections 1S3(17) and 1S3(22). If it is determined at any time that such Service or circuit is subject to regulation by a U.S. State regulatory agency, the Service or circuit may be provided by IPGN or its Affiliates pursuant to applicable state laws, regulations and applicable tariffs, or PS Lightwave and its Affiliates may discontinue provision of the affected Service or circuit.
Third Party Services
In conjunction with Service provided, PS Lightwave may, upon Customer’s request, arrange for Service to be provided by a Third-Party (“Third-Party Provider”), such as local access service, interexchange service, or international service, PS Lightwave shall not be obligated to provide any Third-Party Provider except in connection with a Service Order. In the event Customer requests that PS Lightwave order Third-Party Provider, PS Lightwave shall make provision and coordinate the installation of such Service and conduct the initial testing of an interconnection between the PS Lightwave Service and Third-Party Provider. PS Lightwave will not begin billing Customer for such Third-Party Provider until related PS Lightwave Service is available. Customer may be required to execute a letter of authorization (“LOA”), in a form provided by PS Lightwave, authorizing PS Lightwave to deliver such Third-Party Provider to Customer’s location. When Customer requests international service, PS Lightwave may arrange for the foreign end point of the Service or for a portion of the foreign end point of such Service to be provided by a Third-Party carrier licensed in the relevant foreign point. In some cases, IPGN may be unable, and Customer may be required, to arrange the foreign end of such Service with a foreign carrier. Although this MSA governs the terms of PS Lightwave’s arrangement of Third-Party Provider, service level parameters and related warranties (if any), surcharges, outage credits, required commitments, termination liability, limitations, and other service-specific terms of the Third-Party Provider shall be those of the provider of the Third-Party Provider (”Third-Party Provider”). All charges incurred by PS Lightwave for such Third-Party Provider, including without limitation monthly recurring charges, installation charges, non-recurring charges; and applicable termination/cancellation charges of the Third-Party Provider, shall be invoiced to Customer and Customer shall be responsible for the full timely payment thereof.
911 & Service Limitations
The Federal Communications Commission (“FCC”) requires that PS Lightwave provide e911 service to all customers using the Service within the United States (“U.S.”). The terms in this section apply to all customers regardless of location. The E911 service provided by PS Lightwave works differently than traditional wire line 911 emergency services. These characteristics may make e911 services unsuitable for some customers. Because customer circumstances vary widely, customers should carefully evaluate their own circumstances when deciding whether to rely solely upon the e911 service. Customer acknowledges that it is Customer’s responsibility to determine the technology or combination of technologies best suited to meet Customer’s emergency calling needs, and to make the necessary provisions for access to emergency calling services
e911 Considerations Limited Availability.
Customer acknowledges that the Service, including e911 service, will not function in all conditions, including but not limited to the following: Electrical Power, The Service and e911 service will not function in the absence of electrical power. If there is a power outage, Customer may be required to reset or reconfigure the Equipment before being able to use the Service and e911 service. Instant Access, The Service and e911 service will not function if there is an interruption of Customer’s broadband or high-speed internet access service, Configuration and Availability, E911 service will not function if customer’s phone fails or is not configured correctly or if the Service is not functioning for any reason, including suspension or disconnection of Service because of billing or other issues. Network Issues, Due to technical factors in network design, and in the event of network congestion on the PS Lightwave network, there is a possibility that an e911 call will produce a busy signal or will experience unexpected answering wait times and/or take longer to answer than standard 911 calls placed via traditional, legacy, circuit-switched telephone networks. Non-Voice Systems, The Service, including e911 service, may not function without-dialing systems including home security systems, medical monitoring equipment, Try equipment, and entertainment or satellite television systems. Customer has no claim against IP Global, LLC for interruption or disruption of such systems by the Service, including e911 service.
Bundled Network Service Solution (BNS)
PS Lightwave will customize a BNS Solution consolidating two (2) or more product offerings including but not limited to Voice, IP Dedicated Internet and Private Ethernet Services (EPL, ELAN, WAN) at special bundled pricing. Should a Customer elect to remove one or more products from a contracted BNS solution, PS Lightwave’s standard rack rates will apply to the remaining individual services which were consolidated in the original BNS Solution.
Customer shall pay the charges set forth in the Service Order for off-net services including, with limitation monthly charges, usage charges, installation charges, non-recurring charges or applicable termination/cancellation charges, of the local access provider(s).
Software-Defined WAN-optimization solution services across physical, cloud or virtual sites by aggregating multiple network connections for higher bandwidth network links with more reliable, responsive and secure connectivity to support enterprise business-class infrastructures.
Data Center/Colocation Services
PS Lightwave shall provide access to and certain rights of use with respect to PS Lightwave’s Data Center for the purpose of placing equipment, racks and certain associated cabling and related space requirements. Additionally, PS Lightwave has agreements in place with most of the major telecom data centers in the Greater Houston Metropolitan market to provision its state-of-the-art Ethernet and Internet service offerings.
Customers that wish to sublicense from PS Lightwave, certain space to locate their (customer’s) equipment within PS Lightwave facilities, expressly agree to the following additional terms:
- Customer shall use the space solely for the location and operation of the subject equipment,
- Customer shall not have any real property interest or lease in the space provided for Customer use, but shall maintain the space in first class condition
- the space is accepted “AS IS” and WHERE IS by customer; PS Lightwave makes no representation or warranty as to the fitness of the space for the customer’s intended use.,
- Customer shall not connect or interconnect the equipment with any other equipment or services of any third party without the written approval of PS Lightwave
- access to the space will be limited to those employees of customer that have been issued proper credentials by PS Lightwave in advance
- PS Lightwave shall have the authority (without subjecting PS Lightwave to any liability related thereto) to suspend customers operations in and around the space if (in the sole discretion of PS Lightwave) there arises any hazardous condition, unsafe practice or emergency situation. PS Lightwave shall have the right to access the space for any reason, at any time
- Customer shall obtain and maintain all insurance in such form, amounts, and coverages as is deemed necessary or as required by any underlying agreement related to the space. Customer shall name PS Lightwave as an additional, insured in such policy or policies and customer’s insurance shall be deemed primary over PS Lightwave’s. Customer further agrees to waive and to require its insurers to waive any rights of subrogation or recovery that they may have against PS Lightwave. Customer shall agree to furnish to PS Lightwave certificates of insurance upon request
- Customer waives all rights of recovery, claims or causes of action against PS Lightwave, for any loss or damage to any equipment or other property of Customer located in or about the space or for any injury to any person, as a result of any cause whatsoever
- In the event that customer fails to pay to PS Lightwave all amounts due under the SOP or Service Agreement when due, customer agrees that upon the delivery of written notice (via fax\email\US Mail) to Customer, PS Lightwave may:
- restrict Customer’s physical access to the space and equipment; and/or
- take possession of any equipment and store it, at customers sole cost and expense, until taken in full or partial satisfaction of any lien or judgment, all without being liable to prosecution or for damages:
- Upon termination or expiration of the Service Order, Customer shall promptly remove all equipment and other property, and shall restore the space to its condition prior to the installation thereof. Any equipment or property not so removed by Customer may be moved and disposed of by PS Lightwave and Customer shall be liable for the cost of removal, disposal, and restoration of the space
- Customer shall not assign, delegate, transfer, or sublicense this collocation, the Service Order, or any of its rights or obligations (or any portion thereof) without the express written consent of PS Lightwave.
- PS Lightwave at its sole discretion, may move Customer’s Colocation Sublicense to any other PS Lightwave Colocation Facility located within the same metropolitan area, under the same terms and conditions described in the original SOF, upon thirty (30) days written notice (via fax/email/US Mail).
Customer Ordered Internet or Interexchange Service
Customer may order its own Internet service or interexchange service from a data network provider that has established entrance facilities in a PS Lightwave point-of-presence (“POP”) upon receipt of a LOA or letter of authorization/carrier facility assignment (“LOA/CPA”). Customer may order its own Internet service or interexchange service with a vendor who does not have established entrance facilities within PS Lightwave’s POP only with PS Lightwave’s written permission. Customer’s Internet service or interexchange service provider shall directly bill Customer for such Internet service or interexchange service. Customer shall ensure that Customer ordered Internet service or interexchange service is available at the same time as the PS Lightwave Service and shall be obligated to pay for PS Lightwave Service regardless of whether Customer-ordered Internet service or interexchange service is available or not.