Examples of peering agreements

[Peter Lothberg <]

Content-Type: TEXT/PLAIN; charset=US-ASCII; name=1
Content-ID: <Pine.3.89.9411211035.E16179@localhost
Content-Description: 





                Ebone - NORDUnet Collaboration Agreement


                                Draft 0.2
                              2 August 1994



        The Ebone and NORDUnet computer networks ("the networks") agree
        to cooperate in areas including traffic exchange, support for
        interconnection infrastructure, mutual backup, and operational
        coordination.


        Scope

        This agreement applies to all members of NORDUnet and all
        members of Ebone.  Additional networks may be added by mutual
        agreement, which as of this date includes the Baltic research
        networks, the Polish national research network, which are
        connected to NORDUnet.


        Interconnection and Traffic Exchange

        The networks agree to exchange traffic between the Ebone node in
        Paris, and the NORDUnet node in Stockholm.  There will be no
        charges ("zero settlement") for traffic exchange nor for traffic
        content.

        Traffic exchange is not allowed for networks which are not
        members of NORDUnet, nor members of the Ebone Consortium, nor
        outside the "Scope" defined above, except by explicit agreement
        of Ebone and NORDUnet.  Hence this agreement does not
        automatically extend to other networks with whom either Ebone or
        NORDUnet may have similar cooperative agreements.

        The networks agree to monitor common traffic levels and to
        contribute to common infrastructure upgrades to ensure
        sufficient bandwidth for use.  Common infrastructure upgrades
        will not be made except by mutual consent.

        The networks also agree to set up mutual backup arrangements
        between their respective connections to the USA. The details
        will be explictly agreed by both parties.

        The physical connection, which enables the traffic exchange, is
        a line between Stockholm and Paris, presently of 1 Mbps, funded
        by a consortium including NORDUnet and Renater.


        Proper Use

        Each network will, to the best of their ability, ensure that
        users and user networks behave in a manner which does not impact
        the operations of other networks and users, and within
        generally-accepted security guidelines.  Each network has the
        right to protect their technical resources, following
        generally-accepted operational practices.


        Technical Coordination

        Both networks agree to cooperate on technical issues to ensure
        effective networking for our user communities.  Each network
        will name technical, administrative, and security contacts.


        Duration

        This agreement is initially for the period from 1 July 1994
        through 31 June 1995. The agreement will be extended
        automatically for additional one-year periods except where
        either network gives 3-month advance notice, or longer where
        necessary to ensure compatibility with PTT contract obligations
        by either network.


        Announcement

        Ebone and NORDUnet will publicly announce that they have
        completed this cooperative agreement.


        Signature

        For Ebone:                      For NORDUnet:


        __________________________      __________________________
        Date:                           Date:


        __________________________      __________________________
        Christian Michau                Peter Villemoes
        Ebone Consortium                NORDUnet A/S

____







------------------------------------------------------------------------

Appendix A - Sample Bilateral Agreement

SAMPLE BILATERAL INTERCONNECTION AGREEMENT

This Agreement is made by and between Sprint Communications
Company L.P., having its principal place of business at
13221 Woodland Park Road, Herndon, VA 22071 (hereinafter
"Sprint") and

.

RECITALS

WHEREAS, the parties desire to further the development of
the Open System Protocol Network Service Providers
("OSPNSP's") industry, the parties will assist the industry
in the development and implementation of standards and
interconnection protocols that will provide a basis for
greater interconnection to the public and global data
network called "Internet" for the industry as a whole;

WHEREAS, the parties in furtherance of creating greater
interconnectivity throughout the industry has established
operational, technical and administrative mechanisms to
ensure fair and open communications among OSPNSP's
providing a "peer relationship" for routing data packets
over their respective networks;

WHEREAS, the parties have a requirement to exchange data
traffic between their respective networks; and

WHEREAS, the parties have a desire to interconnect their
data networks in order to enable their respective customers
to communicate with each other;

NOW, THEREFORE, in consideration of the covenants set forth
herein, the parties hereby agree as follows:

DEFINITIONS

1. Internet Service Providers. Any OSPNSP can become a
Participant (please define), but all parties must be
legally organized to provide TCP/IP and/or OSI public data
internetworking services to the public in one or more
geographic areas, also called an Internet Service Provider
(ISP). It is understood that the parties to this Agreement
are ISP's.

2. Shared Media Provider. A communications company such as
a LEC (Local Exchange Carrier), CAP (Competitive Access
Provider) or IXC (Inter-Exchange Carrier) that provides
ATM, FR, SMDS, FDDI, OC3, T1 or T3 style communication
services.

AGREEMENTS

1. No Restrictions in Use. The parties agree not to
restrict the use of their respective networks based on the
subject matter of the traffic, subject only to applicable
laws.

2. No Liability for Traffic. The parties agree that they
neither incur nor present any liability to the other party,
by submitting data traffic to or accepting data traffic
from the other party.

3. Delivery of Services. The parties agree that they will
establish a mutually acceptable schedule for the
interconnection of their respective networks.

4. Protection of Traffic.

A. No Wiretapping. No ISP shall monitor or capture the
contents of any data or other traffic which transit a
Network Access Point (NAP). No ISP can wiretap the
infrastructure to examine any data unless an appropriate
legal court order is in force. No statistical information
itemized by ISP, by company, or by IP address can be
supplied to any third party under any circumstances.

B. Aggregated Statistics. Aggregated interface statistics
on shared media or other packet switch media/transmission
is available to export as long as it is not broken down by
ISP. This aggregated statistical information can be made
available to third parties but not unilaterally by the
media/transmission provider or either party. Release of
these statistics will occur only upon the mutual agreement
of the parties.

C. Organizational Availability. Any organization which is a
customer of an ISP has the right to request from that ISP
that its statistical information be made available to it on
whatever basis and in whatever detail it desires for its
own internal uses.

5. Physical Connection.

A. Circuit. Each party will provide a connection at its own
expense, from a location of its choice to an
interconnection service to be mutually agreed upon by the
parties.

B. Equipment. Each party will provide circuit termination
and packet switching equipment at its end of the circuit,
at its own expense, which interface may be changed from
time to time as the parties agree.

C. Network Operations. Each party will, at its own expense
and on a best efforts basis, provide Network Operations
Center ("NOC") support in cooperation with the other so as
to maintain the smooth operation of the internetwork
service.

D. Multiple Connections. Each party may choose to connect
at more than one location.

6. Liability. NEITHER PARTY SHALL BE LIABLE TO THE OTHER,
EXCEPT AS STATED IN THE NEXT PARAGRAPH HEREIN, FOR ANY
LOSS, DAMAGE, LIABILITY, CLAIM OR EXPENSE ARISING OUT OF OR
IN RELATION TO THIS AGREEMENT, HOWEVER CAUSED, WHETHER
GROUNDED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT
LIABILITY. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN
RELATION TO THIS AGREEMENT.

7. Indemnity. Each party shall indemnify and hold the other
party harmless from and against any loss, damage,
liability, claim or expense, whether actual or alleged,
which results from a claim or claims asserted by unrelated
third parties concerning an action or omission of such
party with respect to its actions under this Agreement.
Each party's maximum liability under this provision shall
not exceed $50,000 in the aggregate for all claims, losses,
expenses or damages.

8. Insurance. Each party is responsible for assessing its
own need for property, casualty and liability insurance and
each shall obtain such insurance as each sees fit. Each
party shall bear the risk of loss to its own equipment and
agrees not to make any claims against the other for any
property loss or assign that right to any third party.

9. Confidential Information. No confidential or proprietary
information is protected or implied by this Agreement, and
the parties are not responsible to one another for any
confidential information which may be inadvertently
transmitted over the networks.

10. Special Issues.

A. Connection Speed. and Sprint will connect under this
Agreement at 

.

B. Settlement Fees. The parties agree not to charge the
other party for interconnection-related matters, including
charges based on traffic volume, commonly called
"settlements", for the initial twelve (12) months of this
Agreement. During the initial 12 months of this Agreement,
no fees will be charged between or among the parties to pay
for digitized information traffic exchanged through the
interconnection. The parties agree to work toward a
mutually agreeable formula for such fees after this initial
period, but such fees will be mutually agreed upon by the
parties.

C. Joint Press Release. Any announcement of this Agreement
must be mutually agreed upon by both parties including the
wording of any announcement to third parties/press, the
press release(s) and the timing of the press release(s).

D. Regulatory Approval. The parties acknowledge that this
Agreement, and any or all of the terms hereof, may become
subject to regulatory approval by various local, state or
federal agencies. Should such approval be required from
time to time, or at any time, the parties shall cooperate,
to the extent reasonable and lawful, in providing such
information as is necessary to complete any required
filing. Notwithstanding the above, Section 3 "Protection of
Traffic" shall remain in full force and effect.

E. Network Operations. The parties agree to define
operating procedures for providing reliable service to the
customers of each party, and for resolving customer
difficulties encountered on the interconnected services.
Each party will use its best efforts to repair any reported
and actual outages within four (4) hours of notice of any
outage.

F. Each Party's Service Fees. Each party will independently
establish the charges to its customers for the services
provided under this Agreement.

G. Force Majeure.

(1) Neither party shall be responsible for delay in
performance of support services hereunder due to any
occurrence commonly known as force majeure, including
without limitation, acts of God, any governmental body (de
jure or de facto) or public enemy, riots, embargoes,
strikes or other concerted acts of workmen (whether of the
parties or others), casualties or accidents, deliveries or
transportation and shortage of cars, trucks, fuel, power,
labor or materials, or any other causes, circumstances or
contingencies within or without the United States of
America, whether of a similar or dissimilar nature to the
foregoing, beyond the parties control, which prevent or
hinder the performance by the parties of any of its
obligations hereunder.

(2) The parties shall give each other notice in the event
of any one or more of the foregoing occurrences. Upon such
notice, the parties may cancel or delay performance
hereunder for so long as such performance is delayed by
such occurrence or occurrences and in such event the
parties shall have no liability to each other.

H. Relationship of the Parties. This Agreement does not
establish a partnership or joint venture between Sprint and

.

11. Term and Termination. The duration of this Agreement is
for one (1) year and may be extended as the parties agree.
A party may terminate its responsibilities under this
Agreement by giving the other party 180 days written
notice, or sooner by mutual consent of both parties.

12. Assignment. Each party may assign its rights and
responsibilities to another organization upon written
notice to the other party in the event of merger, sale or
transfer of its ownership to such organization provided
that the assignee is a firm duly organized and licensed to
conduct ISP business.

13. Severability. If any provision of this Agreement is
held by a court of competent jurisdiction to be contrary to
law, the remaining provisions of this Agreement will remain
in full force and effect.

14. Non-Exclusivity. Nothing in this Agreement shall be
construed to prohibit or restrain the entry by either party
into any separate contract or agreement with any other
Participant or third party on any terms. Other than those
contained explicitly in this Agreement, no representations
are made by or among the parties. No agency status is
created among the parties.

15. No Third Party Beneficiaries. Nothing contained in this
Agreement shall be deemed to confer any rights in any party
not a signatory to this Agreement.

16. Entire Agreement. This Agreement represents the
complete Agreement and understanding of the parties with
respect to the subject matter herein, and supersedes any
other agreement or understanding, written or oral. This
Agreement may be modified only in writing signed by both
parties.

17. Disputes. Any dispute arising out of or relating to
this Agreement that is not resolved within 30 days after
notice of the dispute is given shall be finally settled by
arbitration conducted expeditiously in accordance with the
rules of the American Arbitration Association. The
arbitration shall be governed by the United States
Arbitration Act, 9 U.S.C. [[currency]] 1, et seq., and
judgment upon the award rendered by the arbitrator(s) may
be entered by any court with jurisdiction. The location of
the arbitration shall be the Kansas City, Missouri
metropolitan area. The arbitrators are not empowered to
award damages in excess of compensatory damages, and each
party waives any damages in excess of compensatory damages.

The undersigned hereby represents that he or she is legally
authorized to enter into this Agreement on behalf of the
party's organization, and that the execution of this
Agreement will not to the best of his or her knowledge and
belief conflict with or result in a breach of any other
agreement to which it is a party.

IN WITNESS WHEREOF, THE PARTIES HAVE ENTERED INTO THIS
AGREEMENT AS OF THE DATE SET FORTH:

FOR :

.

Date: .

FOR Sprint Communications Company L.P.:

.

Date: .

This section of the Handbook contains all the provided
peering policies of the attached NSP's.

SprintLink

The provided SprintLink peering policies are:

1) SprintLink AS 1239 will be present at all priority NSF
Network Access Points (NAPs) when they are operational.

2) SprintLink will provide all NAP Network Service Provider
(NSP) peer networks all SprintLink and NSFNET International
Connections Manager (ICM) customer routes which consists of
both end users and Internet Service Providers (ISP's).

3) SprintLink will continue to interconnect with other
Network Service Providers (NSP's) at other locations, e.g.,
the CIX router, CIX-sponsored SMDS services, MAE-East (and
MAE-East+), MAE-West and privately.

4) Sprint will continue to operate at FIX-E and FIX-W to
meet ICM NSF cooperative agreement and Federal contract
requirements These paths provide customers access to the
Federal Networks per AUP.

5) SprintLink will provide existing ICM and other Sprint
international customers access to the above interconenction
points. Their routes should be accepted by peers just as
SprintLink internal routes are.

They were provided on 28 Sept. 1994 by:

Bob Collet

Director, Engineering and Operations

Network Systems and Internet Services

Sprint

tel: 1-703-689-5844

fax: 1-703-478-7375

e-mail: rcollet@localhost

Please contact him with any questions, etc.

MCI

Not yet received.
------------------------------------------------------------------------

DRAFT 4.0 PSI-SWAB AGREEMENT


SMDS WASHINGTON AREA BYPASS (SWAB) 
BI-LATERAL INTERCONNECTION AGREEMENT

	This Agreement is made by and between _______________________ having 
its principal place of business at _________________________________ 
(hereinafter "#1') and Performance Systems International, Inc. having its 
principal place of business at 510 Huntmar Park Drive, Herndon, Virginia  
22070 (hereinafter "PSI").


R E C I T A L S

	WHEREAS, the desire of the parties is to further the development of 
the Open System Protocol Network Service Providers ("OSPNSP's") industry, 
the parties will assist the industry in the development and implementation 
of standards and interconnection protocols that will provide a basis for 
greater interconnection to the public and global data network called 
"Internet" for the industry as a whole;

	WHEREAS, the parties in furtherance of creating greater 
interconnectivity throughout the industry has established operational, 
technical and administrative mechanisms to ensure fair and open communications 
among OSPNSP's providing a "peer relationship" for routing data packets over 
their respective networks;

	WHEREAS, the parties have a requirement to exchange data traffic 
between their respective networks; and

	WHEREAS, the parties desire to interconnect their data networks in 
order to enable their respective customers to communicate with each other;

	NOW, THEREFORE, in consideration of the covenants set forth herein, 
the parties hereby agree as follows:


DEFINITIONS

1.	SWAB - SMDS Washington Area Bypass.  The SWAB consists of a set of 
bi-lateral agreements between OSPNSP's in order for them to directly cross-
connect their networks as described herein.  

2.`	Participants/Internet Service Providers.   Any OSPNSP can become a 
Participant in the SWAB, but all Participants must be legally organized to 
provide TCP/IP or OSI public data internetworking services to the public in 
one or more geographic areas, also called an Internet Service Provider (ISP).  
It is understood that the parties to this Agreement are ISP's and would 
become SWAB Participants.  

3.  	Shared Media Provider - a communications company such as a LEC (Local 
Exchange Carrier), CAP (Competitive Access Provider) or IXC (Inter-
Exchange Carrier) that provides ATM, FR, SMDS, FDDI, OC3, T1 or  T3 
style communication services.

4.	Intexchange Point.  An Interexchange Point (IXP) shall be defined as a 
neutral, intermediary connection point between two ISP's that is not a regular 
part of their network service.  Examples include the Commercial Internet 
Exchange (CIX), NSF Network Access Points (NAP's) and MAE-East.


AGREEMENTS

1. 	No Restrictions in Use.  The parties agree not to restrict the use of 
their network based on traffic type, subject only to applicable laws.  This 
provision removes commercial constraints imposed by the use of government 
funding for networking.

2.	No Liability for Traffic.  The parties agree that they neither incur 
nor present any liability to the other  party, by submitting data traffic to 
or accepting data traffic from the other party, expect as required by law.

3.	Protection of  Traffic.

A.  No Wiretapping.  No ISP shall monitor or capture the contents of any 
data or other traffic which transit the SWAB interconnection(s).  No ISP can 
wiretap the infrastructure to examine any data unless an appropriate legal 
court order is in force.  No statistical information itemized by ISP, by 
company, or by IP address can be supplied to any third party under any 
circumstances.

B.  Aggregated Statistics.  Aggregated interface statistics on shared media or 
other packet switch media/transmission is available to export as long as it is 
not broken down by ISP.  This aggregated statistical information can be made 
available to third parties but not unilaterally by the media/transmission 
provider.

C.  Organizational Availability.  Any organization which is a customer of 
an ISP has the right to request from that ISP that its statistical information
be made available to it on whatever basis, and in whatever detail, it desires 
for its own internal uses.

D.  No CLIPPER.  Each ISP certifies that its telecommunications equipment 
has NOT been installed with NSA/NIST Clipper technology nor will its 
equipment be modified within the duration of this Agreement to include such 
technology.

For specifically all non-tarriffed telephone company provided service, and in 
general whenever legally possible, the tarriffed shared media provider must 
certify that no NSA/NIST Clipper technology is in place nor will its systems 
be modified within the duration of the Agreement to include such technology.

4.	No Settlement Fees.  The parties agree not to charge the other party 
for SWAB-related matters, including charges based on traffic volume, commonly 
called "settlements."    No fees will be charged between or among the parties 
to pay for digitized information traffic exchanged through the SWAB.  

5.	Cooperation and Co-ordination.  the parties shall cooperate and 
coordinate their activities to facilitate the broadest practical opportunity 
for interconnectivity among the direct customers of each party and 
participating ISP's.  A party shall not in a discriminatory manner (as 
between other SWAB Participants) or without reasonable justification decline 
to offer interconnectivity to its direct customers.  Provided, however, that 
notwithstanding any of the foregoing, any SWAB Participant shall be able to 
offer virtual private networks, to administer traffic and/or access 
restrictions for particular networks where requested or if required, to 
provide special services, to offer other special services subject to specified 
limitations, to enter into separate interconnectivity agreements with other 
Participants, to allow interconnectivity  between indirect customers through 
SWAB or other networks, and otherwise to comply with requests from customers 
or users for restrictions or limitations on the receipt, routing or delivery 
of messages.

6.	Physical Connection.  

A.  Circuit.  Each party will provide a connection to the SWAB at its own 
expense, from a location of its choice to an interconnection service of mutual 
agreement, which is currently using Bell Atlantic SMDS.

B.  Equipment.  Each party will provide circuit termination and packet 
switching equipment at its end of the circuit, at its own expense, terminating 
with an SMDS interface, which interface may be changed from time to time 
as the parties agree.

C.  Network Operations.  Each party will, at its own expense and on a best 
efforts basis, provide Network Operations Center ("NOC") support in 
cooperation with the other so as to maintain the smooth operation of the 
internetwork services.  

D.  Multiple Connections.  Each party may choose to connect at more than 
one SWAB location.

7.	Liability.  NEITHER PARTY SHALL BE LIABLE TO THE OTHER, EXCEPT AS 
STATED IN THE NEXT PARAGRAPH HEREIN, FOR ANY LOSS, DAMAGE, 
LIABILITY, CLAIM OR EXPENSE ARISING OUT OF OR IN RELATION TO 
THIS AGREEMENT, HOWEVER CAUSED, WHETHER GROUNDED IN 
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY.  IN 
NO EVENT SHALL EITHER PARTY  BE LIABLE FOR ANY INCIDENTAL OR 
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN RELATION TO THIS 
AGREEMENT.

8.	Indemnity.  Each party shall indemnify and hold the other party 
harmless from and against any loss, damage, liability, claim or expense, 
whether actual or alleged, which results from a claim or claims asserted 
by unrelated third parties concerning an action or omission of such party 
with respect to its actions under this Agreement.

9.	Insurance.  Each party is responsible for assessing its own need for 
property, casualty, and liability insurance and each shall obtain such 
insurance as each sees fit.  Each party shall bear the risk of loss to its 
own equipment and agrees to not make any claims against the other for any 
property loss, or assign that right to any third party.

10.	Confidential Information.  No confidential or proprietary information 
is protected or implied by this Agreement, and the parties are not responsible 
to one another for any confidential information which may be inadvertently 
transmitted over the networks.

11.  	Special Issues.

  A.  Connection Speed.  

  B.  US and International  ISP's  Attached to Each Party's Network.  

  C.  CIDR and Non-CIDR Network Numbers.  

12.	Term and Termination.  The duration of this Agreement is for two (2) 
years and may be extended as the parties agree.  A party may terminate its 
responsibilities under this Agreement by giving the other party 180 days 
written notice, or sooner by mutual consent of both parties.

13.	Assignment.  Each party may assign its rights and responsibilities to 
another organization upon written notice to the other party in the event of 
merger, sale or transfer of its ownership to such organization provided that 
the assignee is a firm duly organized and licensed to conduct ISP business.

14.	Severability.  If any provision of this Agreement is held by a court of 
competent jurisdiction to be contrary to law, the remaining provisions of this 
Agreement will remain in full force and effect..

15.	Non-Exclusivity.  Nothing in this Agreement shall be construed to 
prohibit or restrain the entry by either party into any separate contract 
or agreement with any other SWAB Participant or third party on any terms.  
Other than those contained explicitly in this Agreement, no representations 
are made by or among the parties.  No agency status is created among the 
parties.

16.	Entire Agreement.  This Agreement represents the complete 
Agreement and understanding of the parties with respect to the subject 
matter herein, and supersedes any other agreement or understanding, written 
or oral.  This Agreement may be modified only in writing signed by both 
parties.

The undersigned hereby certifies that he or she is legally authorized to 
enter into this Agreement on behalf of the party's organization, and that 
the execution of this Agreement will not conflict with or result in a breach 
of any other agreement to which it is a party.

IN WITNESS WHEREOF, THE PARTIES HAVE ENTERED INTO THIS 
AGREEMENT AS OF THE DATE SET FORTH:

For PSI:				For  #1:


_____________________________		____________________________________
Martin L. Schoffstall, Vice President		
					____________________________________


Date:  ______________			Date:  _________________