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diff --git a/1.2-netsec/doc/PEERING b/1.2-netsec/doc/PEERING deleted file mode 100644 index c1f0b3831..000000000 --- a/1.2-netsec/doc/PEERING +++ /dev/null @@ -1,499 +0,0 @@ - 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. |