[8469] in Commercialization & Privatization of the Internet
Re: Puzzled thoughts re ANS goals for CIX
daemon@ATHENA.MIT.EDU (Rick Adams)
Sat Nov 20 00:03:23 1993
Date: Sat, 20 Nov 93 00:02:53 -0500
From: rick@uunet.uu.net (Rick Adams)
To: com-priv@psi.com
>Perhaps this "blast from the past" may answer some of your questions.
>Especially note the paragraph which starts with "The purpose of the
>CIX".
>
>I think you've proven our point about the CIX Association's confused
>mission.
Perhaps this "blast from the present" will clear things up. Afterall, its
the current membership agreement you allegedly signed...
Reads a little differently doesn't it?
Thanks for showing everyone where the confusion really comes from.
--rick
p.s. don't forget that ANS CO+RE joining only gets additional
connectivity for the direct ANS CO+RE customers, not the entire NSFNET.
I wouldn't want you to accidently misprepresent things.
p.p.s that time period you quoted from was when the (T3)/2 network was
tossing its cookies all over the place and annoucning your first
commercial customer (Dialog) that had such serious reachability problems
that they had to give up commercial status and get full NSF routing.
Are those quotes still valid? I've got them.
---------------------------------------------------------
COMMERCIAL INTERNET EXCHANGE
MEMBER AGREEMENT
This Agreement is made by and between the COMMERCIAL
INTERNET EXCHANGE ASSOCIATION, a trade association incorporated
under the laws of the State of Delaware and having its
principal place of business at 3110 Fairview Park Drive, Suite
590, Falls Church, Virginia 22042 ("CIX")
and ("Member"), having its principal
place of business at .
R E C I T A L S
WHEREAS, the purpose of the Association is to further
the development of the open system protocol network service
providers ("OSPNSP's") industry. The Association will assist
the industry in the development of standards and
interconnection protocols that will provide a basis for greater
interconnection to the public network for the industry as a
whole. It will provide educational opportunities to further
Member technical and policy understanding of the industry. The
Association will also develop public policies and public
positions in the best interest of the industry. This
Association will seek legislative consideration of issues of
benefit to the Members and the industry.
WHEREAS, CIX 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 packets over their networks; and
WHEREAS, the Member wishes to participate in CIX.
A G R E E M E N T
CIX AGREES AS FOLLOWS:
1. To develop industry-wide forums for the consideration
and development of industry related policy issues.
2. To discuss and consider issues that will improve the
efficiency and interconnectivity of the Members use of
public networks.
3. To support legislative goals beneficial to its Members
and the industry.
4. To promote the greater connectivity of public networks.
5. To provide operational, technical and administrative
mechanisms to ensure fair and open communications
among OSPNSP's.
THE MEMBER AGREES AS FOLLOWS:
6. Member will provide a circuit, at its own expense,
from a location of its choice to a CIX router selected
by mutual agreement, or other topologies and
implementations specified by the Board of Directors.
7. Member will provide circuit termination and packet
switching equipment at its end of the circuit, at its
own expense, terminating with a PPP interface, which
interface may be changed from time to time by mutual
agreement.
8. Member may choose to connect at more than one CIX
location.
9. Members shall cooperate and coordinate their
activities to facilitate the broadest practical
opportunity for interconnectivity among the direct
customers of each Member and participating OSPNSP's.
A Member shall not in a discriminatory manner (as
between other Members) or without reasonable
justification decline to offer CIX interconnectivity
to its direct customers. Provided, however, that
notwithstanding any of the foregoing, any Member 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
Members, to allow interconnectivity between indirect
customers through CIX 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.
10. Nothing in this Agreement shall be construed to
prohibit or restrain the entry by any Member into any
separate contract or agreement with any other Member
or third party on any terms.
11. A Member will, at its own expense and on a best
efforts basis, provide Network Operations Center
("NOC") support in cooperation with other Members so
as to maintain the smooth operation of the
internetwork services.
12. Members may participate in the CIX Technical Committee.
13. Member agrees to pay an annual administrative fee
which will be established by the Board of Directors.
The 1992 fee has been set at $10,000 per Member. No
fees will be charged between or among the CIX Members
to pay for digitized information traffic exchanged
through CIX.
14. No Member shall be liable other than as stated in
paragraph 15 herein to any other Member or to CIX for
any loss, damage, liability, claim or expense rising
out of or in relation to this Agreement, however
caused, whether grounded in contract, tort (including
negligence) or strict liability.
15. Each Member and the Association shall indemnify and
hold the nonliable Members harmless from and against
any loss, damage, liability, claim or expense which
results from a claim or claims asserted by unrelated
third parties concerning an action or omission of such
Member or the Association respectively.
16. Member is responsible for assessing its own need for
property, casualty, and liability insurance and each
shall obtain such insurance as each sees fit. Member
shall bear the risk of loss to its own equipment and
agrees to not make any claims against the others for
any property loss.
17. Member agrees to abide as a Member with the
Certificate of Incorporation and the By-laws / .
18. This Agreement shall be governed under the laws of the
State of Delaware. Other than those contained
explicitly in this Agreement, no representations are
made by or among the Members. No agency status is
created among the Members or the Association.
19. No confidential or proprietary information is
protected or implied by this Agreement, and Members
are not responsible to one another for any
confidential information which may be inadvertently
transmitted over the networks.
20. The duration of this Agreement is for two years and
may be extended by mutual consent. A Member may
terminate its responsibilities under this Agreement by
giving all parties 180 days written notice, or sooner
by mutual consent of all Members; provided, however,
that no fee is refundable.
21. Member may assign its rights and responsibilities to
another organization, 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 business and otherwise meets
the conditions of membership established by the Board
of Directors.
22. This Agreement may be extended to other parties which
are duly organized and licensed to conduct business,
and which subscribe to the CIX Membership Agreement.
23. The undersigned hereby certifies that he or she is
legally authorized to enter into this Agreement on
behalf of the Member organization, and that the
execution of this Agreement will not conflict with or
result in a breach of any other agreement to which
such Member is a party.
IN WITNESS WHEREOF, the parties have entered into this
Agreement as of the date indicated below:
MEMBER COMMERCIAL INTERNET EXCHANGE
ASSOCIATION
Name: Name:
Title: Title:
Date: Date:
For: For:
