Terms and Conditions for NZIX ExchangeNET Customers

Definitions

"Customer(s)" means you and other users with networks connected to ExchangeNET.

"ExchangeNET" is the general name collectively describing the regional peering exchanges operated by CityLink. In this document ExchangeNET refers to a regional peering exchange you are planning to connect your network to. This includes;

  • Auckland Peering Exchange (APE)
  • Christchurch Internet Exchange (CHIX)
  • Dunedin Peering Exchange (DPE)
  • Hamilton Internet Exchange (HIX)
  • Wellington Internet Exchange (WIX)
"We" or "us" means CityLink Ltd.

"You" means the customer under this agreement and "your" has a corresponding meaning.

Agreement

This agreement covers your connection to a particular ExchangeNET. This is not to be confused with the set of bilateral ExchangeNET peering agreements which are set up between your network and other networks on that ExchangeNET.

A connection to one ExchangeNET does not provide or imply connectivity to any of the other ExchangeNETs. You can connect to more than than one ExchangeNET, a separate agreement is required for each ExchangeNET connection.

This agreement begins when you correctly complete the on-line ExchangeNET application form. The agreement will last for a period of one year, after which it will extended automatically by periods of one year unless terminated by either party (you or us) giving three months notice in writing prior to the expiry of a one-year period.

Object of the agreement

The general purpose of each ExchangeNET is to promote the use of data communication and to provide a framework for cooperation in a particular geographic area that will allow the users of the participating networks to communicate with each other in the easiest way possible. The cooperation will, by implication, follow the prevailing rules and practices of the worldwide IP-network, the Internet, which each of the participating networks are a part of.

Connecting Your Network to an ExchangeNET

General provisions

To connect to an ExchangeNET you require an IP router. The router will be connected to your network and to the particular ExchangeNET which provides a neutral Public LAN network.

The following principles apply to the neutral Public LAN network:

  • You are free to determine your policy towards the other customers connected to an ExchangeNET.
  • You are free to set up bilateral network connections independently across an ExchangeNET because it is a neutral Public LAN infrastructure.
  • We will operate route servers on each ExchangeNET which you can choose to peer with. Peering connections are implemented using the BGP protocol. Any change to this will be made in consultation with all customers connected to the ExchangeNET.
  • IGP protocols (RIP, IGRP, ISIS, OSPF, VRRP etc.) must not be used or transmitted on the neutral Public LAN network.
  • Your connection to an ExchangeNET must be implemented so that you are able to control your own internal traffic. Consequently, traffic being addressed within your network will remain on your network.
You will pay all costs related to connecting your network to the ExchangeNET.

Correspondingly, we will cooperate with you in respect of the function of the peering point and also to provide the necessary assistance to you on normal terms.

Exclusion and disruption

You must ensure that your usage of an ExchangeNET is not detrimental to the Public LAN Network or to the usage of it by other customers.

Under certain circumstances, we or you may disrupt the connection between the neutral Public LAN network and your network. These circumstances are:

  • if either we or you deliberately misuse the networks in any way, or
  • if either we or you cause an unreasonable load to the networks of individual customers or in any other way cause a threat to the function and applicability of the network.
Each party (Us or You) should try to contact the other before such a disruption is made. In matters of urgency, however, disruption may be made immediately.

Liability

No party (you or us) to this agreement can be held liable for indirect or consequential damage.

All liability rests with you with respect to the correctness and suitability of any and all information transmitted and any and all results thereby obtained.

Updating of equipment

Each party (you or us) are entitled to install new versions of equipment and software.

Other provisions

These terms and conditions should be read in conjunction with the CityLink Terms and Conditions.

Transfer

No party (you or us) to this agreement may transfer its part of this agreement to any third party without the approval of the other party.

Legal disputes

Any dispute and controversy arising out of or in connection with this Agreement will be referred to arbitration according to New Zealand law.