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authormarkster <markster@f38db490-d61c-443f-a65b-d21fe96a405b>2004-10-18 21:45:13 +0000
committermarkster <markster@f38db490-d61c-443f-a65b-d21fe96a405b>2004-10-18 21:45:13 +0000
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+ DIGIUM GENERAL PEERING AGREEMENT (TM)
+ Version 1.0.0, September 2004
+ Copyright (C) 2004 Digium, Inc.
+ 150 West Park Loop Suite 100, Huntsville, AL 35806 USA
+
+ Everyone is permitted to copy and distribute complete verbatim copies
+ of this General Peering Agreement provided it is not modified in any
+ manner.
+
+ ------------------------------------------------------
+
+ DIGIUM GENERAL PEERING AGREEMENT
+
+ PREAMBLE
+
+ For most of the history of telecommunications, the power of being able
+to locate and communicate with another person in a system, be it across
+a hall or around the world, has always centered around a centralized
+authority -- from a local PBX administrator to regional and national
+RBOCs, generally requiring fees, taxes or regulation. By contrast,
+DUNDi is a technology developed to provide users the freedom to
+communicate with each other without the necessity of any centralized
+authority. This General Peering Agreement ("GPA") is used by individual
+parties (each, a "Participant") to allow them to build the E164 trust
+group for the DUNDi protocol.
+
+ To protect the usefulness of the E164 trust group for those who use
+it, while keeping the system wholly decentralized, it is necessary to
+replace many of the responsibilities generally afforded to a company or
+government agency, with a set of responsibilities implemented by the
+parties who use the system, themselves. It is the goal of this document
+to provide all the protections necessary to keep the DUNDi E164 trust
+group useful and reliable.
+
+ The Participants wish to protect competition, promote innovation and
+value added services and make this service valuable both commercially
+and non-commercially. To that end, this GPA provides special terms and
+conditions outlining some permissible and non-permissible revenue
+sources.
+
+ This GPA is independent of any software license or other license
+agreement for a program or technology employing the DUNDi protocol. For
+example, the implementation of DUNDi used by Asterisk is covered under a
+separate license. Each Participant is responsible for compliance with
+any licenses or other agreements governing use of such program or
+technology that they use to peer.
+
+ You do not have to execute this GPA to use a program or technology
+employing the DUNDi protocol, however if you do not execute this GPA,
+you will not be able to peer using DUNDi and the E164 context with
+anyone who is a member of the trust group by virtue of their having
+executed this GPA with another member.
+
+The parties to this GPA agree as follows:
+
+ 0. DEFINITIONS. As used herein, certain terms shall be defined as
+follows:
+
+ (a) The term "DUNDi" means the DUNDi protocol as published by
+ Digium, Inc. or its successor in interest with respect to the
+ DUNDi protocol specification.
+
+ (b) The terms "E.164" and "E164" mean ITU-T specification E.164 as
+ published by the International Telecommunications Union (ITU) in
+ May, 1997.
+
+ (c) The term "Service" refers to any communication facility (e.g.,
+ telephone, fax, modem, etc.), identified by an E.164-compatible
+ number, and assigned by the appropriate authority in that
+ jurisdiction.
+
+ (d) The term "Egress Gateway" refers an Internet facility that
+ provides a communications path to a Service or Services that may
+ not be directly addressable via the Internet.
+
+ (e) The term "Route" refers to an Internet address, policies, and
+ other characteristics defined by the DUNDi protocol and
+ associated with the Service, or the Egress Gateway which
+ provides access to the specified Service.
+
+ (f) The term "Propagate" means to accept or transmit Service and/or
+ Egress Gateway Routes only using the DUNDi protocol and the
+ DUNDi context "e164" without regard to case, and does not apply
+ to the exchange of information using any other protocol or
+ context.
+
+ (g) The term "Peering System" means the network of systems that
+ Propagate Routes.
+
+ (h) The term "Subscriber" means the owner of, or someone who
+ contracts to receive, the services identified by an E.164
+ number.
+
+ (i) The term "Authorizing Individual" means the Subscriber to a
+ number who has authorized a Participant to provide Routes
+ regarding their services via this Peering System.
+
+ (j) The term "Route Authority" refers to a Participant that provides
+ an original source of said Route within the Peering System.
+ Routes are propagated from the Route Authorities through the
+ Peering System and may be cached at intermediate points. There
+ may be multiple Route Authorities for any Service.
+
+ (k) The term "Participant" (introduced above) refers to any member
+ of the Peering System.
+
+ (l) The term "Service Provider" refers to the carrier (e.g.,
+ exchange carrier, Internet Telephony Service Provider, or other
+ reseller) that provides communication facilities for a
+ particular Service to a Subscriber, Customer or other End User.
+
+ (m) The term "Weight" refers to a numeric quality assigned to a
+ Route as per the DUNDi protocol specification. The current
+ Weight definitions are shown in Exhibit A.
+
+ 1. PEERING. The undersigned Participants agree to Propagate Routes
+with each other and any other member of the Peering System and further
+agree not to Propagate DUNDi Routes with a third party unless they have
+first have executed this GPA (in its unmodified form) with such third
+party. The Participants further agree only to Propagate Routes with
+Participants whom they reasonably believe to be honoring the terms of
+the GPA. Participants may not insert, remove, amend, or otherwise
+modify any of the terms of the GPA.
+
+ 2. ACCEPTABLE USE POLICY. The DUNDi protocol contains information
+that reflect a Subscriber's or Egress Gateway's decisions to receive
+calls. In addition to the terms and conditions set forth in this GPA,
+the Participants agree to honor the intent of restrictions encoded in
+the DUNDi protocol. To that end, Participants agree to the following:
+
+ (a) A Participant may not utilize or permit the utilization of
+ Routes for which the Subscriber or Egress Gateway provider has
+ indicated that they do not wish to receive "Unsolicited Calls"
+ for the purpose of making an unsolicited phone call on behalf of
+ any party or organization.
+
+ (b) A Participant may not utilize or permit the utilization of
+ Routes which have indicated that they do not wish to receive
+ "Unsolicited Commercial Calls" for the purpose of making an
+ unsolicited phone call on behalf of a commercial organization.
+
+ (c) A Participant may never utilize or permit the utilization of any
+ DUNDi route for the purpose of making harassing phone calls.
+
+ (d) A Party may not utilize or permit the utilization of DUNDi
+ provided Routes for any systematic or random calling of numbers
+ (e.g., for the purpose of locating facsimile, modem services, or
+ systematic telemarketing).
+
+ (e) Initial control signaling for all communication sessions that
+ utilize Routes obtained from the Peering System must be sent
+ from a member of the Peering System to the Service or Egress
+ Gateway identified in the selected Route. For example, 'SIP
+ INVITES' and IAX2 "NEW" commands must be sent from the
+ requesting DUNDi node to the terminating Service.
+
+ (f) A Participant may not disclose any specific Route, Service or
+ Participant contact information obtained from the Peering System
+ to any party outside of the Peering System except as a
+ by-product of facilitating communication in accordance with
+ section 2e (e.g., phone books or other databases may not be
+ published, but the Internet addresses of the Egress Gateway or
+ Service does not need to be obfuscated.)
+
+ (g) The DUNDi Protocol requires that each Participant include valid
+ contact information about itself (including information about
+ nodes connected to each Participant). Participants may use or
+ disclose the contact information only to ensure enforcement of
+ legal furtherance of this Agreement.
+
+ 3. ROUTES. The Participants shall only propagate valid Routes, as
+defined herein, through the Peering System, regardless of the original
+source. The Participants may only provide Routes as set forth below,
+and then only if such Participant has no good faith reason to believe
+such Route to be invalid or unauthorized.
+
+ (a) A Participant may provide Routes if each Route has as its
+ original source another member of the Peering System who has
+ duly executed the GPA and such Routes are provided in accordance
+ with this Agreement; provided that the Routes are not modified
+ (e.g., with regards to existence, destination, technology or
+ Weight); or
+
+ (b) A Participant may provide Routes for Services with any Weight
+ for which it is the Subscriber; or
+
+ (c) A Participant may provide Routes for those Services whose
+ Subscriber has authorized the Participant to do so, provided
+ that the Participant is able to confirm that the Authorizing
+ Individual is the Subscriber through:
+
+ i. a written statement of ownership from the Authorizing
+ Individual, which the Participant believes in good faith
+ to be accurate (e.g., a phone bill with the name of the
+ Authorizing Individual and the number in question); or
+
+ ii. the Participant's own direct personal knowledge that the
+ Authorizing Individual is the Subscriber.
+
+ (d) A Participant may provide Routes for Services, with Weight in
+ accordance with the Current DUNDi Specification, if it can in
+ good faith provide an Egress Gateway to that Service on the
+ traditional telephone network without cost to the calling party.
+
+ 4. REVOCATION. A Participant must provide a free, easily accessible
+mechanism by which a Subscriber may revoke permission to act as a Route
+Authority for his Service. A Participant must stop acting as a Route
+Authority for that Service within 7 days after:
+
+ (a) receipt of a revocation request;
+
+ (b) receiving other notice that the Service is no longer valid; or
+
+ (c) determination that the Subscriber's information is no longer
+ accurate (including that the Subscriber is no longer the service
+ owner or the service owner's authorized delegate).
+
+ 5. SERVICE FEES. A Participant may charge a fee to act as a Route
+Authority for a Service, with any Weight, provided that no Participant
+may charge a fee to propagate the Route received through the Peering
+System.
+
+ 6. TOLL SERVICES. No Participant may provide Routes for any Services
+that require payment from the calling party or their customer for
+communication with the Service. Nothing in this section shall prohibit
+a Participant from providing routes for Services where the calling party
+may later enter into a financial transaction with the called party
+(e.g., a Participant may provide Routes for calling cards services).
+
+ 7. QUALITY. A Participant may not intentionally impair communication
+using a Route provided to the Peering System (e.g. by adding delay,
+advertisements, reduced quality). If for any reason a Participant is
+unable to deliver a call via a Route provided to the Peering System,
+that Participant shall return out-of-band Network Congestion
+notification (e.g. "503 Service Unavailable" with SIP protocol or
+"CONGESTION" with IAX protocol).
+
+ 8. PROTOCOL COMPLIANCE. Participants agree to Propagate Routes in
+strict compliance with current DUNDi protocol specifications.
+
+ 9. ADMINISTRATIVE FEES. A Participant may charge (but is not required
+to charge) another Participant a reasonable fee to cover administrative
+expenses incurred in the execution of this Agreement. A Participant may
+not charge any fee to continue the relationship or to provide Routes to
+another Participant in the Peering System.
+
+ 10. CALLER IDENTIFICATION. A Participant will make a good faith effort
+to ensure the accuracy and appropriate nature of any caller
+identification that it transmits via any Route obtained from the Peering
+System. Caller identification shall at least be provided as a valid
+E.164 number.
+
+ 11. COMPLIANCE WITH LAWS. The Participants are solely responsible for
+determining to what extent, if any, the obligations set forth in this
+GPA conflict with any laws or regulations their region. A Participant
+may not provide any service or otherwise use DUNDi under this GPA if
+doing so is prohibited by law or regulation, or if any law or regulation
+imposes requirements on the Participant that are inconsistent with the
+terms of this GPA or the Acceptable Use Policy.
+
+ 12. WARRANTY. EACH PARTICIPANT WARRANTS TO THE OTHER PARTICIPANTS THAT
+IT MADE, AND WILL CONTINUE TO MAKE, A GOOD FAITH EFFORT TO AUTHENTICATE
+OTHERS IN THE PEERING SYSTEM AND TO PROVIDE ACCURATE INFORMATION IN
+ACCORDANCE WITH THE TERMS OF THIS GPA. THIS WARRANTY IS MADE BETWEEN
+THE PARTICIPANTS, AND THE PARTICIPANTS MAY NOT EXTEND THIS WARRANTY TO
+ANY NON-PARTICIPANT INCLUDING END-USERS.
+
+ 13. DISCLAIMER OF WARRANTIES. THE PARTICIPANTS UNDERSTAND AND AGREE
+THAT ANY SERVICE PROVIDED AS A RESULT OF THIS GPA IS "AS IS." EXCEPT FOR
+THOSE WARRANTIES OTHERWISE EXPRESSLY SET FORTH HEREIN, THE PARTICIPANTS
+DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE,
+EXPRESS OR IMPLIED, AS TO THE CONDITION, VALUE OR QUALITIES OF THE
+SERVICES PROVIDED HEREUNDER, AND SPECIFICALLY DISCLAIM ANY
+REPRESENTATION OR WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS
+FOR A PARTICULAR PURPOSE OR AS TO THE CONDITION OR WORKMANSHIP THEREOF,
+OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT,
+INCLUDING ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR
+TRADE PRACTICE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE PARTICIPANTS
+EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT THE PEERING
+SERVICE WILL BE CONTINUOUS, UNINTERRUPTED OR ERROR-FREE, THAT ANY DATA
+SHARED OR OTHERWISE MADE AVAILABLE WILL BE ACCURATE OR COMPLETE OR
+OTHERWISE COMPLETELY SECURE FROM UNAUTHORIZED ACCESS.
+
+ 14. LIMITATION OF LIABILITIES. NO PARTICIPANT SHALL BE LIABLE TO ANY
+OTHER PARTICIPANT FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL,
+PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR
+PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) IN ANY WAY RELATED TO THIS
+GPA, WHETHER IN CONTRACT OR IN TORT, REGARDLESS OF WHETHER SUCH
+PARTICIPANT WAS ADVISED OF THE POSSIBILITY THEREOF.
+
+ 15. END-USER AGREEMENTS. The Participants may independently enter
+into agreements with end-users to provide certain services (e.g., fees
+to a Subscriber to originate Routes for that Service). To the extent
+that provision of these services employs the Peering System, the Parties
+will include in their agreements with their end-users terms and
+conditions consistent with the terms of this GPA with respect to the
+exclusion of warranties, limitation of liability and Acceptable Use
+Policy. In no event may a Participant extend the warranty described in
+Section 12 in this GPA to any end-users.
+
+ 16. INDEMNIFICATION. Each Participant agrees to defend, indemnify and
+hold harmless the other Participant or third-party beneficiaries to this
+GPA (including their affiliates, successors, assigns, agents and
+representatives and their respective officers, directors and employees)
+from and against any and all actions, suits, proceedings,
+investigations, demands, claims, judgments, liabilities, obligations,
+liens, losses, damages, expenses (including, without limitation,
+attorneys' fees) and any other fees arising out of or relating to (i)
+personal injury or property damage caused by that Participant, its
+employees, agents, servants, or other representatives; (ii) any act or
+omission by the Participant, its employees, agents, servants or other
+representatives, including, but not limited to, unauthorized
+representations or warranties made by the Participant; or (iii) any
+breach by the Participant of any of the terms or conditions of this GPA.
+
+ 17. THIRD PARTY BENEFICIARIES. This GPA is intended to benefit those
+Participants who have executed the GPA and who are in the Peering
+System. It is the intent of the Parties to this GPA to give to those
+Participants who are in the Peering System standing to bring any
+necessary legal action to enforce the terms of this GPA.
+
+ 18. TERMINATION. Any Participant may terminate this GPA at any time,
+with or without cause. A Participant that terminates must immediately
+cease to Propagate.
+
+ 19. CHOICE OF LAW. This GPA and the rights and duties of the Parties
+hereto shall be construed and determined in accordance with the internal
+laws of the State of New York, United States of America, without regard
+to its conflict of laws principles and without application of the United
+Nations Convention on Contracts for the International Sale of Goods.
+
+ 20. DISPUTE RESOLUTION. Unless otherwise agreed in writing, the
+exclusive procedure for handling disputes shall be as set forth herein.
+Notwithstanding such procedures, any Participant may, at any time, seek
+injunctive relief in addition to the process described below.
+
+ (a) Prior to mediation or arbitration the disputing Participants
+ shall seek informal resolution of disputes. The process shall be
+ initiated with written notice of one Participant to the other
+ describing the dispute with reasonable particularity followed
+ with a written response within ten (10) days of receipt of
+ notice. Each Participant shall promptly designate an executive
+ with requisite authority to resolve the dispute. The informal
+ procedure shall commence within ten (10) days of the date of
+ response. All reasonable requests for non-privileged information
+ reasonably related to the dispute shall be honored. If the
+ dispute is not resolved within thirty (30) days of commencement
+ of the procedure either Participant may proceed to mediation or
+ arbitration pursuant to the rules set forth in (b) or (c) below.
+
+ (b) If the dispute has not been resolved pursuant to (a) above or,
+ if the disputing Participants fail to commence informal dispute
+ resolution pursuant to (a) above, either Participant may, in
+ writing and within twenty (20) days of the response date noted
+ in (a) above, ask the other Participant to participate in a one
+ (1) day mediation with an impartial mediator, and the other
+ Participant shall do so. Each Participant will bear its own
+ expenses and an equal share of the fees of the mediator. If the
+ mediation is not successful the Participants may proceed with
+ arbitration pursuant to (c) below.
+
+ (c) If the dispute has not been resolved pursuant to (a) or (b)
+ above, the dispute shall be promptly referred, no later than one
+ (1) year from the date of original notice and subject to
+ applicable statute of limitations, to binding arbitration in
+ accordance with the UNCITRAL Arbitration Rules in effect on the
+ date of this contract. The appointing authority shall be the
+ International Centre for Dispute Resolution. The case shall be
+ administered by the International Centre for Dispute Resolution
+ under its Procedures for Cases under the UNCITRAL Arbitration
+ Rules. Each Participant shall bear its own expenses and shall
+ share equally in fees of the arbitrator. All arbitrators shall
+ have substantial experience in information technology and/or in
+ the telecommunications business and shall be selected by the
+ disputing participants in accordance with UNCITRAL Arbitration
+ Rules. If any arbitrator, once selected is unable or unwilling
+ to continue for any reason, replacement shall be filled via the
+ process described above and a re-hearing shall be conducted. The
+ disputing Participants will provide each other with all
+ requested documents and records reasonably related to the
+ dispute in a manner that will minimize the expense and
+ inconvenience of both parties. Discovery will not include
+ depositions or interrogatories except as the arbitrators
+ expressly allow upon a showing of need. If disputes arise
+ concerning discovery requests, the arbitrators shall have sole
+ and complete discretion to resolve the disputes. The parties and
+ arbitrator shall be guided in resolving discovery disputes by
+ the Federal Rules of Civil Procedure. The Participants agree
+ that time of the essence principles shall guide the hearing and
+ that the arbitrator shall have the right and authority to issue
+ monetary sanctions in the event of unreasonable delay. The
+ arbitrator shall deliver a written opinion setting forth
+ findings of fact and the rationale for the award within thirty
+ (30) days following conclusion of the hearing. The award of the
+ arbitrator, which may include legal and equitable relief, but
+ which may not include punitive damages, will be final and
+ binding upon the disputing Participants, and judgment may be
+ entered upon it in accordance with applicable law in any court
+ having jurisdiction thereof. In addition to award the
+ arbitrator shall have the discretion to award the prevailing
+ Participant all or part of its attorneys' fees and costs,
+ including fees associated with arbitrator, if the arbitrator
+ determines that the positions taken by the other Participant on
+ material issues of the dispute were without substantial
+ foundation. Any conflict between the UNCITRAL Arbitration Rules
+ and the provisions of this GPA shall be controlled by this GPA.
+
+ 21. INTEGRATED AGREEMENT. This GPA, constitutes the complete
+integrated agreement between the parties concerning the subject matter
+hereof. All prior and contemporaneous agreements, understandings,
+negotiations or representations, whether oral or in writing, relating to
+the subject matter of this GPA are superseded and canceled in their
+entirety.
+
+ 22. WAIVER. No waiver of any of the provisions of this GPA shall be
+deemed or shall constitute a waiver of any other provision of this GPA,
+whether or not similar, nor shall such waiver constitute a continuing
+waiver unless otherwise expressly so provided in writing. The failure
+of either party to enforce at any time any of the provisions of this
+GPA, or the failure to require at any time performance by either party
+of any of the provisions of this GPA, shall in no way be construed to be
+a present or future waiver of such provisions, nor in any way affect the
+ability of a Participant to enforce each and every such provision
+thereafter.
+
+ 23. INDEPENDENT CONTRACTORS. Nothing in this GPA shall make the
+Parties partners, joint venturers, or otherwise associated in or with
+the business of the other. Parties are, and shall always remain,
+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.
+
+ 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.