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504 lines
26 KiB
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504 lines
26 KiB
Text
\begin{verbatim}
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DIGIUM GENERAL PEERING AGREEMENT (TM)
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Version 1.0.0, September 2004
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Copyright (C) 2004 Digium, Inc.
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445 Jan Davis Drive, Huntsville, AL 35806 USA
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Everyone is permitted to copy and distribute complete verbatim copies
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of this General Peering Agreement provided it is not modified in any
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manner.
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------------------------------------------------------
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DIGIUM GENERAL PEERING AGREEMENT
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PREAMBLE
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For most of the history of telecommunications, the power of being able
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to locate and communicate with another person in a system, be it across
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a hall or around the world, has always centered around a centralized
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authority -- from a local PBX administrator to regional and national
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RBOCs, generally requiring fees, taxes or regulation. By contrast,
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DUNDi is a technology developed to provide users the freedom to
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communicate with each other without the necessity of any centralized
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authority. This General Peering Agreement ("GPA") is used by individual
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parties (each, a "Participant") to allow them to build the E164 trust
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group for the DUNDi protocol.
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To protect the usefulness of the E164 trust group for those who use
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it, while keeping the system wholly decentralized, it is necessary to
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replace many of the responsibilities generally afforded to a company or
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government agency, with a set of responsibilities implemented by the
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parties who use the system, themselves. It is the goal of this document
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to provide all the protections necessary to keep the DUNDi E164 trust
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group useful and reliable.
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The Participants wish to protect competition, promote innovation and
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value added services and make this service valuable both commercially
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and non-commercially. To that end, this GPA provides special terms and
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conditions outlining some permissible and non-permissible revenue
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sources.
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This GPA is independent of any software license or other license
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agreement for a program or technology employing the DUNDi protocol. For
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example, the implementation of DUNDi used by Asterisk is covered under a
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separate license. Each Participant is responsible for compliance with
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any licenses or other agreements governing use of such program or
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technology that they use to peer.
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You do not have to execute this GPA to use a program or technology
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employing the DUNDi protocol, however if you do not execute this GPA,
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you will not be able to peer using DUNDi and the E164 context with
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anyone who is a member of the trust group by virtue of their having
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executed this GPA with another member.
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The parties to this GPA agree as follows:
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0. DEFINITIONS. As used herein, certain terms shall be defined as
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follows:
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(a) The term "DUNDi" means the DUNDi protocol as published by
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Digium, Inc. or its successor in interest with respect to the
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DUNDi protocol specification.
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(b) The terms "E.164" and "E164" mean ITU-T specification E.164 as
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published by the International Telecommunications Union (ITU) in
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May, 1997.
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(c) The term "Service" refers to any communication facility (e.g.,
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telephone, fax, modem, etc.), identified by an E.164-compatible
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number, and assigned by the appropriate authority in that
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jurisdiction.
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(d) The term "Egress Gateway" refers an Internet facility that
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provides a communications path to a Service or Services that may
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not be directly addressable via the Internet.
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(e) The term "Route" refers to an Internet address, policies, and
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other characteristics defined by the DUNDi protocol and
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associated with the Service, or the Egress Gateway which
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provides access to the specified Service.
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(f) The term "Propagate" means to accept or transmit Service and/or
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Egress Gateway Routes only using the DUNDi protocol and the
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DUNDi context "e164" without regard to case, and does not apply
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to the exchange of information using any other protocol or
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context.
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(g) The term "Peering System" means the network of systems that
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Propagate Routes.
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(h) The term "Subscriber" means the owner of, or someone who
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contracts to receive, the services identified by an E.164
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number.
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(i) The term "Authorizing Individual" means the Subscriber to a
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number who has authorized a Participant to provide Routes
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regarding their services via this Peering System.
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(j) The term "Route Authority" refers to a Participant that provides
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an original source of said Route within the Peering System.
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Routes are propagated from the Route Authorities through the
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Peering System and may be cached at intermediate points. There
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may be multiple Route Authorities for any Service.
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(k) The term "Participant" (introduced above) refers to any member
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of the Peering System.
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(l) The term "Service Provider" refers to the carrier (e.g.,
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exchange carrier, Internet Telephony Service Provider, or other
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reseller) that provides communication facilities for a
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particular Service to a Subscriber, Customer or other End User.
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(m) The term "Weight" refers to a numeric quality assigned to a
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Route as per the DUNDi protocol specification. The current
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Weight definitions are shown in Exhibit A.
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1. PEERING. The undersigned Participants agree to Propagate Routes
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with each other and any other member of the Peering System and further
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agree not to Propagate DUNDi Routes with a third party unless they have
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first have executed this GPA (in its unmodified form) with such third
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party. The Participants further agree only to Propagate Routes with
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Participants whom they reasonably believe to be honoring the terms of
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the GPA. Participants may not insert, remove, amend, or otherwise
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modify any of the terms of the GPA.
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2. ACCEPTABLE USE POLICY. The DUNDi protocol contains information
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that reflect a Subscriber's or Egress Gateway's decisions to receive
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calls. In addition to the terms and conditions set forth in this GPA,
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the Participants agree to honor the intent of restrictions encoded in
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the DUNDi protocol. To that end, Participants agree to the following:
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(a) A Participant may not utilize or permit the utilization of
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Routes for which the Subscriber or Egress Gateway provider has
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indicated that they do not wish to receive "Unsolicited Calls"
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for the purpose of making an unsolicited phone call on behalf of
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any party or organization.
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(b) A Participant may not utilize or permit the utilization of
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Routes which have indicated that they do not wish to receive
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"Unsolicited Commercial Calls" for the purpose of making an
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unsolicited phone call on behalf of a commercial organization.
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(c) A Participant may never utilize or permit the utilization of any
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DUNDi route for the purpose of making harassing phone calls.
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(d) A Party may not utilize or permit the utilization of DUNDi
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provided Routes for any systematic or random calling of numbers
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(e.g., for the purpose of locating facsimile, modem services, or
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systematic telemarketing).
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(e) Initial control signaling for all communication sessions that
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utilize Routes obtained from the Peering System must be sent
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from a member of the Peering System to the Service or Egress
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Gateway identified in the selected Route. For example, 'SIP
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INVITES' and IAX2 "NEW" commands must be sent from the
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requesting DUNDi node to the terminating Service.
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(f) A Participant may not disclose any specific Route, Service or
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Participant contact information obtained from the Peering System
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to any party outside of the Peering System except as a
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by-product of facilitating communication in accordance with
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section 2e (e.g., phone books or other databases may not be
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published, but the Internet addresses of the Egress Gateway or
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Service does not need to be obfuscated.)
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(g) The DUNDi Protocol requires that each Participant include valid
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contact information about itself (including information about
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nodes connected to each Participant). Participants may use or
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disclose the contact information only to ensure enforcement of
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legal furtherance of this Agreement.
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3. ROUTES. The Participants shall only propagate valid Routes, as
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defined herein, through the Peering System, regardless of the original
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source. The Participants may only provide Routes as set forth below,
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and then only if such Participant has no good faith reason to believe
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such Route to be invalid or unauthorized.
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(a) A Participant may provide Routes if each Route has as its
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original source another member of the Peering System who has
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duly executed the GPA and such Routes are provided in accordance
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with this Agreement; provided that the Routes are not modified
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(e.g., with regards to existence, destination, technology or
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Weight); or
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(b) A Participant may provide Routes for Services with any Weight
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for which it is the Subscriber; or
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(c) A Participant may provide Routes for those Services whose
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Subscriber has authorized the Participant to do so, provided
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that the Participant is able to confirm that the Authorizing
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Individual is the Subscriber through:
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i. a written statement of ownership from the Authorizing
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Individual, which the Participant believes in good faith
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to be accurate (e.g., a phone bill with the name of the
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Authorizing Individual and the number in question); or
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ii. the Participant's own direct personal knowledge that the
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Authorizing Individual is the Subscriber.
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(d) A Participant may provide Routes for Services, with Weight in
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accordance with the Current DUNDi Specification, if it can in
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good faith provide an Egress Gateway to that Service on the
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traditional telephone network without cost to the calling party.
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4. REVOCATION. A Participant must provide a free, easily accessible
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mechanism by which a Subscriber may revoke permission to act as a Route
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Authority for his Service. A Participant must stop acting as a Route
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Authority for that Service within 7 days after:
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(a) receipt of a revocation request;
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(b) receiving other notice that the Service is no longer valid; or
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(c) determination that the Subscriber's information is no longer
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accurate (including that the Subscriber is no longer the service
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owner or the service owner's authorized delegate).
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5. SERVICE FEES. A Participant may charge a fee to act as a Route
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Authority for a Service, with any Weight, provided that no Participant
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may charge a fee to propagate the Route received through the Peering
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System.
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6. TOLL SERVICES. No Participant may provide Routes for any Services
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that require payment from the calling party or their customer for
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communication with the Service. Nothing in this section shall prohibit
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a Participant from providing routes for Services where the calling party
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may later enter into a financial transaction with the called party
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(e.g., a Participant may provide Routes for calling cards services).
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7. QUALITY. A Participant may not intentionally impair communication
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using a Route provided to the Peering System (e.g. by adding delay,
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advertisements, reduced quality). If for any reason a Participant is
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unable to deliver a call via a Route provided to the Peering System,
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that Participant shall return out-of-band Network Congestion
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notification (e.g. "503 Service Unavailable" with SIP protocol or
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"CONGESTION" with IAX protocol).
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8. PROTOCOL COMPLIANCE. Participants agree to Propagate Routes in
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strict compliance with current DUNDi protocol specifications.
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9. ADMINISTRATIVE FEES. A Participant may charge (but is not required
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to charge) another Participant a reasonable fee to cover administrative
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expenses incurred in the execution of this Agreement. A Participant may
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not charge any fee to continue the relationship or to provide Routes to
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another Participant in the Peering System.
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10. CALLER IDENTIFICATION. A Participant will make a good faith effort
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to ensure the accuracy and appropriate nature of any caller
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identification that it transmits via any Route obtained from the Peering
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System. Caller identification shall at least be provided as a valid
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E.164 number.
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11. COMPLIANCE WITH LAWS. The Participants are solely responsible for
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determining to what extent, if any, the obligations set forth in this
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GPA conflict with any laws or regulations their region. A Participant
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may not provide any service or otherwise use DUNDi under this GPA if
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doing so is prohibited by law or regulation, or if any law or regulation
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imposes requirements on the Participant that are inconsistent with the
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terms of this GPA or the Acceptable Use Policy.
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12. WARRANTY. EACH PARTICIPANT WARRANTS TO THE OTHER PARTICIPANTS THAT
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IT MADE, AND WILL CONTINUE TO MAKE, A GOOD FAITH EFFORT TO AUTHENTICATE
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OTHERS IN THE PEERING SYSTEM AND TO PROVIDE ACCURATE INFORMATION IN
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ACCORDANCE WITH THE TERMS OF THIS GPA. THIS WARRANTY IS MADE BETWEEN
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THE PARTICIPANTS, AND THE PARTICIPANTS MAY NOT EXTEND THIS WARRANTY TO
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ANY NON-PARTICIPANT INCLUDING END-USERS.
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13. DISCLAIMER OF WARRANTIES. THE PARTICIPANTS UNDERSTAND AND AGREE
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THAT ANY SERVICE PROVIDED AS A RESULT OF THIS GPA IS "AS IS." EXCEPT FOR
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THOSE WARRANTIES OTHERWISE EXPRESSLY SET FORTH HEREIN, THE PARTICIPANTS
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DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE,
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EXPRESS OR IMPLIED, AS TO THE CONDITION, VALUE OR QUALITIES OF THE
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SERVICES PROVIDED HEREUNDER, AND SPECIFICALLY DISCLAIM ANY
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REPRESENTATION OR WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS
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FOR A PARTICULAR PURPOSE OR AS TO THE CONDITION OR WORKMANSHIP THEREOF,
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OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT,
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INCLUDING ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR
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TRADE PRACTICE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE PARTICIPANTS
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EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT THE PEERING
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SERVICE WILL BE CONTINUOUS, UNINTERRUPTED OR ERROR-FREE, THAT ANY DATA
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SHARED OR OTHERWISE MADE AVAILABLE WILL BE ACCURATE OR COMPLETE OR
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OTHERWISE COMPLETELY SECURE FROM UNAUTHORIZED ACCESS.
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14. LIMITATION OF LIABILITIES. NO PARTICIPANT SHALL BE LIABLE TO ANY
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OTHER PARTICIPANT FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL,
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PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR
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PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) IN ANY WAY RELATED TO THIS
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GPA, WHETHER IN CONTRACT OR IN TORT, REGARDLESS OF WHETHER SUCH
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PARTICIPANT WAS ADVISED OF THE POSSIBILITY THEREOF.
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15. END-USER AGREEMENTS. The Participants may independently enter
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into agreements with end-users to provide certain services (e.g., fees
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to a Subscriber to originate Routes for that Service). To the extent
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that provision of these services employs the Peering System, the Parties
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will include in their agreements with their end-users terms and
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conditions consistent with the terms of this GPA with respect to the
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exclusion of warranties, limitation of liability and Acceptable Use
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Policy. In no event may a Participant extend the warranty described in
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Section 12 in this GPA to any end-users.
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16. INDEMNIFICATION. Each Participant agrees to defend, indemnify and
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hold harmless the other Participant or third-party beneficiaries to this
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GPA (including their affiliates, successors, assigns, agents and
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representatives and their respective officers, directors and employees)
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from and against any and all actions, suits, proceedings,
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investigations, demands, claims, judgments, liabilities, obligations,
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liens, losses, damages, expenses (including, without limitation,
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attorneys' fees) and any other fees arising out of or relating to (i)
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personal injury or property damage caused by that Participant, its
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employees, agents, servants, or other representatives; (ii) any act or
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omission by the Participant, its employees, agents, servants or other
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representatives, including, but not limited to, unauthorized
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representations or warranties made by the Participant; or (iii) any
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breach by the Participant of any of the terms or conditions of this GPA.
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17. THIRD PARTY BENEFICIARIES. This GPA is intended to benefit those
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Participants who have executed the GPA and who are in the Peering
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System. It is the intent of the Parties to this GPA to give to those
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Participants who are in the Peering System standing to bring any
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necessary legal action to enforce the terms of this GPA.
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18. TERMINATION. Any Participant may terminate this GPA at any time,
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with or without cause. A Participant that terminates must immediately
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cease to Propagate.
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19. CHOICE OF LAW. This GPA and the rights and duties of the Parties
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hereto shall be construed and determined in accordance with the internal
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laws of the State of New York, United States of America, without regard
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to its conflict of laws principles and without application of the United
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Nations Convention on Contracts for the International Sale of Goods.
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20. DISPUTE RESOLUTION. Unless otherwise agreed in writing, the
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exclusive procedure for handling disputes shall be as set forth herein.
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Notwithstanding such procedures, any Participant may, at any time, seek
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injunctive relief in addition to the process described below.
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(a) Prior to mediation or arbitration the disputing Participants
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shall seek informal resolution of disputes. The process shall be
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initiated with written notice of one Participant to the other
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describing the dispute with reasonable particularity followed
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with a written response within ten (10) days of receipt of
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notice. Each Participant shall promptly designate an executive
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with requisite authority to resolve the dispute. The informal
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procedure shall commence within ten (10) days of the date of
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response. All reasonable requests for non-privileged information
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reasonably related to the dispute shall be honored. If the
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dispute is not resolved within thirty (30) days of commencement
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of the procedure either Participant may proceed to mediation or
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arbitration pursuant to the rules set forth in (b) or (c) below.
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(b) If the dispute has not been resolved pursuant to (a) above or,
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if the disputing Participants fail to commence informal dispute
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resolution pursuant to (a) above, either Participant may, in
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writing and within twenty (20) days of the response date noted
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in (a) above, ask the other Participant to participate in a one
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(1) day mediation with an impartial mediator, and the other
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Participant shall do so. Each Participant will bear its own
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expenses and an equal share of the fees of the mediator. If the
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mediation is not successful the Participants may proceed with
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arbitration pursuant to (c) below.
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(c) If the dispute has not been resolved pursuant to (a) or (b)
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above, the dispute shall be promptly referred, no later than one
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(1) year from the date of original notice and subject to
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applicable statute of limitations, to binding arbitration in
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accordance with the UNCITRAL Arbitration Rules in effect on the
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date of this contract. The appointing authority shall be the
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International Centre for Dispute Resolution. The case shall be
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administered by the International Centre for Dispute Resolution
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under its Procedures for Cases under the UNCITRAL Arbitration
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Rules. Each Participant shall bear its own expenses and shall
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share equally in fees of the arbitrator. All arbitrators shall
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have substantial experience in information technology and/or in
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the telecommunications business and shall be selected by the
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disputing participants in accordance with UNCITRAL Arbitration
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Rules. If any arbitrator, once selected is unable or unwilling
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to continue for any reason, replacement shall be filled via the
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process described above and a re-hearing shall be conducted. The
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disputing Participants will provide each other with all
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requested documents and records reasonably related to the
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dispute in a manner that will minimize the expense and
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inconvenience of both parties. Discovery will not include
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depositions or interrogatories except as the arbitrators
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expressly allow upon a showing of need. If disputes arise
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concerning discovery requests, the arbitrators shall have sole
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and complete discretion to resolve the disputes. The parties and
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arbitrator shall be guided in resolving discovery disputes by
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the Federal Rules of Civil Procedure. The Participants agree
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that time of the essence principles shall guide the hearing and
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that the arbitrator shall have the right and authority to issue
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monetary sanctions in the event of unreasonable delay. The
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arbitrator shall deliver a written opinion setting forth
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findings of fact and the rationale for the award within thirty
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(30) days following conclusion of the hearing. The award of the
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arbitrator, which may include legal and equitable relief, but
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which may not include punitive damages, will be final and
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binding upon the disputing Participants, and judgment may be
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entered upon it in accordance with applicable law in any court
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having jurisdiction thereof. In addition to award the
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arbitrator shall have the discretion to award the prevailing
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Participant all or part of its attorneys' fees and costs,
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including fees associated with arbitrator, if the arbitrator
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determines that the positions taken by the other Participant on
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material issues of the dispute were without substantial
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foundation. Any conflict between the UNCITRAL Arbitration Rules
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and the provisions of this GPA shall be controlled by this GPA.
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21. INTEGRATED AGREEMENT. This GPA, constitutes the complete
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integrated agreement between the parties concerning the subject matter
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hereof. All prior and contemporaneous agreements, understandings,
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negotiations or representations, whether oral or in writing, relating to
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the subject matter of this GPA are superseded and canceled in their
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entirety.
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22. WAIVER. No waiver of any of the provisions of this GPA shall be
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deemed or shall constitute a waiver of any other provision of this GPA,
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whether or not similar, nor shall such waiver constitute a continuing
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waiver unless otherwise expressly so provided in writing. The failure
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of either party to enforce at any time any of the provisions of this
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GPA, or the failure to require at any time performance by either party
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of any of the provisions of this GPA, shall in no way be construed to be
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a present or future waiver of such provisions, nor in any way affect the
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ability of a Participant to enforce each and every such provision
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thereafter.
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23. INDEPENDENT CONTRACTORS. Nothing in this GPA shall make the
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Parties partners, joint venturers, or otherwise associated in or with
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the business of the other. Parties are, and shall always remain,
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independent contractors. No Participant shall be liable for any debts,
|
|
accounts, obligations, or other liabilities of the other Participant,
|
|
its agents or employees. No party is authorized to incur debts or other
|
|
obligations of any kind on the part of or as agent for the other. This
|
|
GPA is not a franchise agreement and does not create a franchise
|
|
relationship between the parties, and if any provision of this GPA is
|
|
deemed to create a franchise between the parties, then this GPA shall
|
|
automatically terminate.
|
|
|
|
24. CAPTIONS AND HEADINGS. The captions and headings used in this GPA
|
|
are used for convenience only and are not to be given any legal effect.
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|
|
|
25. EXECUTION. This GPA may be executed in counterparts, each of which
|
|
so executed will be deemed to be an original and such counterparts
|
|
together will constitute one and the same Agreement. The Parties shall
|
|
transmit to each other a signed copy of the GPA by any means that
|
|
faithfully reproduces the GPA along with the Signature. For purposes of
|
|
this GPA, the term "signature" shall include digital signatures as
|
|
defined by the jurisdiction of the Participant signing the GPA.
|
|
|
|
Exhibit A
|
|
|
|
Weight Range Requirements
|
|
|
|
0-99 May only be used under authorization of Owner
|
|
|
|
100-199 May only be used by the Owner's service
|
|
provider, regardless of authorization.
|
|
|
|
200-299 Reserved -- do not use for e164 context.
|
|
|
|
300-399 May only be used by the owner of the code under
|
|
which the Owner's number is a part of.
|
|
|
|
400-499 May be used by any entity providing access via
|
|
direct connectivity to the Public Switched
|
|
Telephone Network.
|
|
|
|
500-599 May be used by any entity providing access via
|
|
indirect connectivity to the Public Switched
|
|
Telephone Network (e.g. Via another VoIP
|
|
provider)
|
|
|
|
600- Reserved-- do not use for e164 context.
|
|
|
|
Participant Participant
|
|
|
|
Company:
|
|
|
|
Address:
|
|
|
|
Email:
|
|
|
|
|
|
_________________________ _________________________
|
|
Authorized Signature Authorized Signature
|
|
|
|
Name:
|
|
|
|
|
|
END OF GENERAL PEERING AGREEMENT
|
|
|
|
------------------------------------------------
|
|
|
|
How to Peer using this GPA If you wish to exchange routing information
|
|
with parties using the e164 DUNDi context, all you must do is execute
|
|
this GPA with any member of the Peering System and you will become a
|
|
member of the Peering System and be able to make Routes available in
|
|
accordance with this GPA.
|
|
|
|
DUNDi, IAX, Asterisk and GPA are trademarks of Digium, Inc.
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|
|
|
\end{verbatim}
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