®

Attachment A –Ethernet Product Rider

This Ethernet Product Rider Attachment (the “Product Rider”) is attached to, incorporated into, and deemed part of that certain MSA entered into between FBL and Customer, as expressly authorized by such MSA. This Product Rider provides additional terms and conditions governing the Ethernet Services. Capitalized or defined terms in the MSA have the same meaning in this Product Rider, unless otherwise defined herein, within the FBL Defined Terms Supplement (available online), or in accordance with common industry understanding.

1.  Customer’s Duties to Cooperate

Customer or its representative must cooperate with FBL in the installation process, which includes accurate completion of a SOF containing detailed demarcation information and other onsite contact listings, and of the necessary technical questionnaires (IP Questionnaire Form, BGP Questionnaire Form, etc.) as provided by FBL. Customer or its representative must be physically present at the time of installation. During installation and at all other frames, the Customer will allow access and if necessary provide escort, for FBL’s or its representatives’ necessary personnel to perform the installation and maintenance of the Service, to the designated building’s phone closet(s) or telecommunications room or to the Customer's premises for the purposes of survey, installation, operations and maintenance of the Service, after prior arrangement between the parties. Customer’s failure to cooperate shall release FBL from its obligations pertaining to the SLA, and shall not suspend the Service Date and thus the billing start date. In the event of technical problems relating to the Service, the Customer will ensure that FBL’s or its representatives’ service engineers have unrestricted access to the designated building’s phone closet(s) or telecommunications room or to the customer premises equipment. Customer’s failure to provide access shall release FBL from its obligations pertaining to Section 4 of this Product Rider.

2.  Demarcation Point

a.  Within a FBL data center: If Service delivery takes place within a FBL data center, FBL will deliver the Service at a demarcation point situated on the FBL equipment. FBL will provide, maintain and operate the necessary wiring (“Cross-Connect”) for Customer to connect to FBL’s service at the indicated demarcation point. FBL will provide such Cross-Connect against fees such as indicated on the SOF.

b.  Within a third-party data center: If Service delivery takes place within a third party data center (i.e. that is not owned and/or operated by FBL), FBL will deliver the Service at a demarcation point situated on the FBL equipment. Unless otherwise agreed, Customer will at its own cost provide, maintain and operate the necessary wiring (“Cross-Connect”) to connect to FBL’s service at the indicated demarcation point. If Customer and FBL agree that FBL shall provide such Cross-Connect, then FBL will provide such Cross-Connect against fees such as indicated on the SOF.

c.  Within an On-Net corporate building: If Service delivery takes place within an On-Net corporate building, FBL will deliver the Service at a demarcation point situated on the FBL equipment within the Customer’s suite. FBL will provide, maintain and operate the necessary wiring (“Riser”) between the building entry and the indicated demarcation point.

d.  At an Off-Net Customer Location: Off-Net Services are being delivered to the Customer location indicated in the SOF through a third-party local loop to be provisioned by FBL on behalf of Customer. As such, the Customer and FBL agree that the charges set forth in the SOF for such Service assumes that such Service will be terminated at a pre-established demarcation point or minimum point of entry (MPOE) in the building housing the Customer Location, as determined by the local access provider. FBL may charge Customer additional nonrecurring charges not otherwise set forth herein for such Service where the Customer or local access provider determines that it is necessary to extend the demarcation point or MPOE through the provision of additional infrastructure, cabling, electronics or other materials necessary to reach the Customer Location. It shall be the Customer’s responsibility to allow access to the facility for the local access provider, as well as to facilitate or coordinate with the property owner at the Customer Location, all additional space, and electricity determined by the local access provider to be necessary to provide the Service. FBL will notify Customer of any additional non-recurring charges, if any, as soon as practicable after FBL is notified by the local access provider of the amount of such charges. From time to time, FBL may provide, and Customer may accept, budgetary estimates for the extension of the demarcation point to the Customer Location along with the initial SOF. These estimated costs may be based on certain known costs or typical installations that do not require extraordinary efforts by the provider to extend the service. In the event actual costs exceed the budgetary estimate, FBL will notify the Customer as outlined above.

In addition, the charges and the Term set forth in the SOF for the Service assumes that such Service can be provisioned by FBL through the local access provider selected by FBL (and/or Customer) for the stated Term. In the event FBL is unable to provision such Service through the selected local access provider or the selected local access provider requires a higher cost or longer Service Term than that set forth in the SOF, FBL reserves the right, regardless of whether FBL has accepted the SOF, to suspend provisioning of the Service hereunder and notify Customer in writing of any additional non-recurring charges, monthly recurring charges and/or Term that may apply, or to cancel the Service set forth on the SOF. Upon receipt of such notice, Customer will have five (5) business days to accept or reject such changes. If Customer does not respond to FBL within the five (5) business day period, such changes will be deemed rejected by Customer. In the event Customer rejects the changes (whether affirmatively or through the expiration of the five (5) business day period) or if FBL elects to cancel the Service ordered herein, the affected Service will be cancelled without cancellation or termination liability (inclusive of Early Termination Charges) of either party.

3.  SERVICE DESCRIPTION

a.  “Ethernet Private Line” – shall mean a set of configurations where Customer obtains dedicated point-to-point connections between two locations on FBL’s Facilities or point-to-point connections aggregated to a single endpoint on FBL’s Facilities using Gigabit Ethernet protocols.

Description Available Capacity Levels Available

Ethernet Pt to Pt 10MB, 20MB, 30MB, 40MB, 50MB, 60MB, 70MB, 80MB, 90MB, 100MB, 200MB, 300MB, 400MB, 500MB, 600MB, 700MB, 800MB, 900MB, 1Gig, 2 Gig, 3 Gig, 4 Gig, 5 Gig, 6 Gig, 7 Gig, 8 Gig, 9 Gig, 10Gig

Ethernet Hub 10MB, 100MB, 1Gig, 10Gig

Ethernet End Link 10MB, 20MB, 30MB, 40MB, 50MB, 60MB, 70MB, 80MB, 90MB, 100MB, 200MB, 300MB, 400MB, 500MB, 600MB, 700MB, 800MB, 900MB, 1Gig

NOTE: The configurations above are subject to technical limitations, and FBL shall determine the actual allowed and available configurations. The Customer understands that the bandwidth representations are only for Unicast Traffic, and FBL will not represent or guarantee the bandwidth for Multicast or Broadcast Traffic.

QinQ: FBL may offer QinQ tunneling on certain Ethernet services.

Jumbo: FBL may offer jumbo frames, up to 1,546 bytes on Fast-Ethernet ports and 2,000 bytes on Gig-Ethernet ports.

b.  “Ethernet Service” (“ES”) -- shall mean a configuration where Customer obtains Ethernet frames between two or more end-points transparently through an Ethernet Virtual Circuit (“EVC”) analogous to Frame Relay. Two EVC’s are used to provide bi-directional traffic for either point-to-point or point-to-multi-point connections. ES shall be ordered and provided based on a combination of its component parts: the Access Interface, Ethernet Interconnect Interface, and Ethernet Virtual Circuit. ES will be offered with both Gigabit Ethernet and 10/100 interfaces and a fixed Committed Access Rate.

Upon written notice by FBL to Customer, FBL shall have the right, in its sole discretion, to amend this Product Rider to amend the Services available to Customer under this Agreement; provided that for avoidance of doubt, such amendment shall not apply to any Services that are subject to a SOF for which FBL has accepted via a written FOC prior to the date of such amendment.

The provisioning information required shall be as set forth on the SOF. ES will also be offered at various Committed Access Rates as modified from time to time by FBL and shall be as set forth on the respective SOF.

4.  PROVISIONING INTERVALS FOR FACILITIES.

4.1 Provisioning Intervals. The Provisioning Intervals for Ethernet Private Line (no vendor equipment required), Ethernet Private Line (vendor equipment or construction required), Ethernet Service, and all other Services shall be provided by FBL on an individual case basis (“ICB”) and as set forth in the applicable SOF FOC.

4.2 Supp or Deferral Rights – With respect to any Services provided entirely on FBL’s Facilities, Customer shall have the right to request one (1) deferrals of the Scheduled Service Date; provided that, unless otherwise agreed by FBL, in no event may Customer request a deferral of more than thirty (30) days in aggregate from the Scheduled Service Date set forth in the initial FOC for the Service. The Supp Charges applicable to any such deferrals of the Scheduled Service Date are set forth in this Product Rider. With respect to any Services provided in whole or in part on Third Party Facilities, any rights of Customer to defer the Scheduled Service Date and any associated charges shall be determined by FBL on an individual case basis.

4.3 Facility Unavailability; Remedy for Incorrect Information – Customer understands that certain transmission facilities may be ordered by FBL at times from third parties, including the incumbent local exchange carrier (“ILEC”). In such event, FBL will provide a FOC for orders based on information provided from the third party. Should such information be incorrect and not as originally represented to FBL, FBL may require modifications to the SOF and respective FOC, including the number and type of facilities ordered and the pricing therefore. Should Customer not desire the revised terms, Customer shall notify FBL within two business days of receiving notice of the change in terms of such rejection and such SOF will be cancelled without liability for either party related to such order.

5.  TESTING PROCEDURES FOR FACILITIES.

5.1 Testing Standards. Tests of each Service provided on FBL’s Facilities shall be made to determine whether the Service complies with the following specifications and criteria pursuant to the Master Service Agreement: (a) Ethernet Private Line - The applicable Service will successfully pass 99% of the Ethernet frames during the duration of the testing period. (b) Ethernet Service – The applicable Service will successfully pass 99% of the Ethernet frames during the duration of the testing period. (c) Other Services – The testing procedures and criteria for acceptance shall be determined on an individual case basis and set forth in the applicable accepted SOF or other written agreement of the Parties.

5.2 Testing Periods. FBL will use a reasonable duration for the tests for Services provided on FBL’s Facilities.

6.  PERFORMANCE AND OPERATING STANDARDS FOR FACILITIES.

6.1 Availability. If a Service Outage (as defined below) occurs with respect to Services provided entirely on FBL’s Facilities and FBL is unable to provide the Services at the Availability Factors (as defined below), then FBL will credit Customer’s invoice for the applicable period with an amount equal to the Service Outage Credit (as defined below) in the month following the request by Customer and determination of the applicable Service Outage Credit pursuant to the provisions set forth below; provided that Customer must request such Service Outage Credit and such request must be made within thirty (30) days of the applicable Service Outage. If a Chronic Service Outage (as defined below) occurs for any Service, then Customer shall have the right to terminate the applicable Service consistent with paragraph (e) of Section 6.2.

6.2 Service Outage. A “Service Outage” shall mean that Customer is unable to exchange Ethernet frames over the Facilities.

a.  A Service Outage shall begin upon the earlier of FBL’s actual knowledge of the Service Outage or FBL’s receipt of written notice from Customer of the Service Outage and shall end upon the correction of the loss of service as set forth above.

b.  Notwithstanding the above, a Service Outage shall not be deemed to have occurred and no Service Outage Credits will apply: (i) during periods (A) of less than ten (10) minutes, (B) in which FBL is not given access to its Facilities or equipment that are required to provide the Services or to remedy any Service Outage, (C) in which planned or scheduled maintenance and repair activities are occurring, (D) in which Customer or its carrier customer or end user continues to use the Services on an impaired basis, or (E) that are not reported to FBL within thirty (30) days of the date the Service was affected; (ii) for interruptions that are caused by or due to (A) acts or omissions of Customer, its User or another third party, (B) the failure or malfunction of facilities or equipment not owned or operated by FBL, including without limitation the failure of the power supply, or (C) a Force Majeure event or (D) disconnections by FBL for non-payment or other contract default or breaches by Customer; (iii) for Services utilizing in whole or in part Third Party Facilities; and (iv) with respect to any Service whereby Customer’s and/or its Users’ usage of or demand with respect to the Service is greater than the amount of usage or capacity for which the Customer has subscribed. In the event of an interruption of Service or Service Outage, FBL will provide to Customer, within five (5) business days of the resolution of such interruption or Service Outage, a reason for outage (“RFO”) and/or a root cause analysis (“RCA”).

c.  Availability Factor. The following Availability Factors shall apply to the following Services that are provided entirely on FBL’s Facilities:

(i) Ethernet Private Line Services

a. Unprotected – 99.0%

b. Protected (Network protection; no Client Protection) – 99.9%

c. Load Shared – 99.99% one of the two diverse paths will be available.