Internet2 Commons Videoconferencing Service via H.323/SIP 
Service Level Agreement (SLA) 
(with Terms of Subscription & Conditions of Use)



  1.0 Overview 
  2.0 Purpose
  3.0 Participation 
  4.0 Funding of Services 
  5.0 Terms of Agreement 
  6.0 Internet2 Commons Responsibilities 
  7.0 Subscriber Responsibilities 
  8.0 Performance Measures 
  9.0 Problem Resolution 
  10.0 Upgrades 
  11.0 Security 
  12.0 Terms of Subscription
  13.0 Disclaimer, Limitation of Liability, and Indemnification
  14.0 Miscellaneous

  Appendix A - Conditions of Use (CoU)
  Appendix B - Subscription Plan Descriptions and Fees
  Appendix C - Internet2 Commons Contacts 


1.0	Overview 

Members of University Corporation for Advanced Internet Development ("Internet2") – 
who wish to join other members in participating in the advanced collaborative services 
called the Internet2 Commons Videoconferencing Service via H.323/SIP – understand 
that the Internet2 Commons Videoconferencing Service via H.323/SIP is intended as a 
leading-edge videoconferencing service, encouraging the deployment and use of 
advanced collaboration applications and has experimental attributes that distinguish it 
from non-IP-based videoconferencing services, and have asked Internet2 to lead the 
design, development, and operation of the Internet2 Commons Videoconferencing 
Service via H.323/SIP, on behalf of and for the benefit of all participating members.
	 
Subscribers to this service agree to abide by and be bound by the Internet2 Commons 
Videoconferencing Service via H.323/SIP Service Level Agreement (SLA) and all other 
appendixes attached hereto and made part of this SLA. 

This Service Level Agreement is between University Corporation for Advanced Internet 
Development, Inc. ("Internet2 Commons") and its Subscribers. Under this SLA, the 
Internet2 Commons agrees to provide, at the rates and for the duration specified, 
H.323/SIP Videoconferencing Services based upon the use of Internet2 Commons 
Multipoint Control Units (MCUs) and related support staff. 

This SLA also covers performance, reliability, and other pertinent topics, including the 
key responsibilities of the Internet2 Commons and its Subscribers. For more information, 
see: http://commons.internet2.edu/ 


2.0 Purpose

The purpose of this SLA is to establish a cooperative undertaking between the Subscriber 
and the Internet2 Commons by clarifying roles, setting rates and expectations, and 
providing mechanisms for resolving problems.


3.0 Participation

This service is available only to Internet2 Regular (University) Members, Corporate 
Members, Affiliate Members (with or without Collaboration Site Status), Association 
Members, Abilene Sponsored Participants, and Sponsored Educational Group 
Participants (SEGP) members. Individual SEGPs are encouraged to organize under a 
Prime Subscription managed by their State Education Network or Sponsor.

Detailed descriptions for Internet2 membership are posted at:
http://members.internet2.edu/
http://abilene.internet2.edu/community/segp/faq.html


4.0 Funding of Services

Service charges are detailed in Appendix B and will be reviewed annually. Invoices will 
be sent via email: upon subscription; upon request for additional minutes; and thirty days 
prior to anniversary date renewal.

Charges apply on the effective service date ("anniversary date") as described in section 5  
below.
		

5.0 Terms of Agreement

5.1 Prime
The Prime service is provided on an anniversary subscription basis, starting on the first 
day of the month in which the online subscription form is submitted.

The full-year subscription level allows up to 300 MCU port-hours per year. Port-hour 
balances will be renewed to this base level on the subscriber’s anniversary date with no 
balance carry over. Additional levels of MCU usage time may be purchased in 10 port-
hour increments to suit the Subscriber’s needs at the time of Subscription or at any time 
during the year.  The subscription will be renewed on the subscriber's anniversary date 
unless canceled in writing by either the Subscriber or the Internet2 Commons upon thirty 
(30) days written notice.

5.2 Alliance
The Alliance service is provided on an anniversary subscription basis, starting on the first 
day of the month in which the online subscription form is submitted. 

The full-year subscription level allows up to 100 MCU port-hours per year. Port-hour 
balances will be renewed to this base level on the subscriber’s anniversary date with no 
balance carry over. Additional purchases of port-hours are not allowed under the Alliance 
subscription. The subscription will be renewed on the subscriber's anniversary date unless 
canceled in writing by either the Subscriber or the Internet2 Commons upon thirty (30) 
days written notice.

5.3 Notification of Changes
If the Internet2 Commons finds it necessary to alter this Service Level Agreement, it will 
notify Subscribers 30 days prior to the date the change is to take effect. Notice may be 
provided on the Internet2 Commons website, and Subscribers agree that the continuing 
use of the Internet2 Commons Videoconferencing Service via H.323/SIP will constitute 
the Subscriber's continuing agreement to the SLA as so modified, unless the Subscriber 
provides written notice to Internet2 Commons that such modifications are not acceptable 
and that Subscriber wishes to cancel its service.  In the rare case that a Subscriber has 
needs that extend beyond this SLA, a custom SLA can be negotiated between the 
Internet2 Commons and the Subscriber. 


6.0 Internet2 Commons Responsibilities

The Internet2 Commons shall: 

6.1 
Operate, schedule, troubleshoot, and maintain the MCUs and related videoconferencing 
equipment used to facilitate the videoconferencing service referred to in this agreement.

6.2 
Provide online instructions on how to schedule and participate in an Internet2 Commons 
videoconference.
  
6.3 
Provide Help Desk assistance in making connections or rebooting the MCUs and 
Technical Support to Site Coordinators via telephone (See 9.0 for support hours). 
Network or endpoint problems requiring more than one hour of Tech support time to 
diagnosis and solve may be escalated to "consulting" and subject to consulting fees. In 
such an exceptional case, the subscriber will be informed of the escalation and mutual 
agreement between subscriber and technical support will be reached prior to billable time 
being spent on the problem.

6.4 
Provide access to the Internet Commons MCUs for videoconferences of scheduled length 
(within a Subscriber’s available port minute balance) at data rates up to and including 
768Kbps.

6.5
Provide online means and password access for scheduling videoconferences up to five 
months in advance. 

6.6 
Provide periodic updates and/or online means for Subscribers to determine their 
aggregate MCU usage and remaining port hours available. (Subscribers may purchase 
additional MCU usage time at any point during the year.)

6.7
Provide, upon request, conference monitoring during regular hours (8am – 8pm Eastern 
Time), which consists of technical support personnel remotely monitoring the MCU for 
verification of connectivity with all endpoints.

6.8
Provide, upon request, live videoconference streaming via the Internet2 Commons 
Starbak streamer and archiving of streamed videoconferences for a period of up to three 
weeks.

6.9
In the case of “Prime” subscriptions, assist certified “Site Coordinators” in testing 
endpoints to ensure their adequate functionality (see Subscriber Responsibilities).

6.10
In the case of “Alliance” subscriptions, assist certified MCU Administrators in testing 
connections between Subscriber’s MCU(s) and the MCUs at the Internet2 Commons, in 
order to ensure adequate functionality.



7.0 Subscriber Responsibilities

Subscribers shall:

7.1
Submit online application and subscription forms, specifying the desired subscription 
plan (see 5.0 for subscription plan descriptions and Appendix B for associated fees), 
including all required contact information.

7.2
Assign – in the case of “Prime” subscriptions – a certified “Site Coordinator” who is 
responsible for supporting the Subscriber’s end users. Duties include but are not limited 
to the following:
	-     Scheduling videoconferences and monitoring as needed
	-     First-level videoconferencing support for service end-users
-	Distribution of software specific to videoconferencing use
-	Distribution of applicable documentation of this service
-	Assisting and training end users in the proper set-up and use of their 
videoconferencing equipment
-	Distribution of documentation covering appropriateness of content, including 
any copyright issues and/or policies of the subscribing organization.
-	Distribution of documentation covering the proper technical use of this service
-	Providing problem reports and feedback to the Internet2 Commons on 
Subscriber satisfaction 
-	Supply the Internet2 Commons with appropriate contact information 
-	Apply reasonable care in protecting the password accessing the MCU 
scheduling software.
-	For a more complete list of Site Coordinator knowledge requirements and 
skills, visit http://commons.internet2.edu/sccertify.html

7.3
Assign – in the case of “Alliance” subscriptions – an “MCU Administrator” to be 
responsible for the scheduling of testing and backup services for the subscribing 
organization and for informing the Commons NOC immediately when backup service is 
used ad hoc so as to ensure Commons support for the conference The MCU 
Administrator must agree to apply reasonable care in protecting the password that allows 
access to the MCU scheduling software. To qualify, Alliance subscribers must own and 
operate an MCU of at least 12 ports at 384kbps.

7.4
Be solely responsible for all use of the services including but not limited to audio, video, 
text, data or other communications originating or transmitted from any site owned or 
operated by subscriber or its users, including any third party content or materials, routed 
to, passed through and/or stored on or otherwise transmitted or routed using the services 
("Subscriber Content").  Internet2 Commons does not intend to review Subscriber 
Content, and Subscriber assumes all responsibility for use of the services. Cheryl Munn-
Fremon, or such other person as designated in writing by Internet2 Commons, at her sole 
discretion, may from time to time and at any time make determinations that particular 
uses are or are not consistent with the purposes of Internet2 Commons which 
determinations will be binding on Subscriber, and Internet2 Commons shall have the 
right to amend the Conditions of Use attached hereto as Appendix A, effective upon 
posting to the Internet2 Common's website or other notice to Subscriber.  Subscriber 
agrees to hold the Internet2 Commons harmless against any and all liabilities and 
expenses arising from Subscriber Content.

7.5
Maintain their on-site videoconferencing and peripheral equipment, including video 
monitors, cameras, microphones, echo-cancellation devices, etc.

7.6 
Agrees that it will not use the services (i) in violation of any applicable law or regulation 
or in aid of any unlawful act; or (ii) so as to unreasonably interfere with the use of the 
service by other Subscribers or authorized users of Internet2 Commons or its third party 
service providers.   In the event of violation of this section by Subscriber or its authorized 
users, Internet2 Commons shall notify Subscriber, and upon such notification Subscriber 
hereby agrees to immediately cease such offending use or, in the event of a violation by 
an authorized user, immediately suspend said authorized user’s access to the services. In 
the event Subscriber does not immediately cease such offending use or, in the event of a 
violation by an authorized user, immediately suspend said authorized user’s access to the 
services, Internet2 Commons reserves the right to suspend all services to Subscriber 
without any liability to Subscriber or its authorized users.  Notwithstanding anything to 
the contrary herein, if in Internet2 Commons’ reasonable judgment a violation of, or 
failure to comply with, this Section by Subscriber, its agents or authorized users, (i) may 
expose Internet2 Commons to civil or criminal liability, (ii) poses an immediate threat of 
harm to or destruction of the Internet2 Commons services, (iii) violates existing laws or 
regulations, or (iv) adversely affects the relationship between Internet2 Commons and its 
customers or third party service providers, Internet2 Commons shall have the right to 
immediately take any and all steps reasonably necessary to remove such threat, including 
but not limited to suspension or termination of services immediately and without notice 
and without any liability to Subscriber or its authorized users.

7.7 
Shall be liable for all taxes, duties, fees, and other governmental charges of any kind 
(including sales and use taxes) (collectively referred to as "Fees") imposed by or under 
the authority of any government or any political subdivision thereof on the fees for any of 
the services provided by Internet2 Commons under this agreement and such Fees shall be 
borne by Subscriber and shall not be considered a part of, a deduction from, or an offset 
against the service charges set forth in this agreement.  


8.0 Performance Measures

8.1
If a Subscriber’s equipment compromises the performance of the Internet2 Commons 
network or MCU, the Internet2 Commons will take action to restore performance (if 
possible) or take other action, up to and including disconnecting service to the 
subscriber’s equipment, if necessary, to maintain the infrastructure and integrity of the 
network.

In rare cases, disconnection may occur due to end user behavior that prevents other 
Subscribers from utilizing the service as intended.

8.2
Unscheduled downtime for the videoconferencing service due to “typical problems” (e.g., 
hardware failures, incompatibilities or misconfiguration) is targeted not to exceed 5% of 
scheduled availability during a one-year period. Atypical problems and emergencies (e.g., 
vandalism or fire) will be handled to the best of the Internet2 Commons’ ability.


9.0 Problem Resolution

To help determine the existence and scope of a possible problem, the Site Coordinator or 
MCU Administrator may call the Internet2 Commons Help Desk, maintained by
OARnet from 7am – 12:30am US/Eastern, 7 days a week (12:30am – 7am on call-back 
basis). This excludes weekends and holidays of the Ohio State University and OARnet 
organizations. If unresolved by the help desk, call will be referred to Internet2 Commons 
Technical Support maintained by OARnet/ The Ohio State University from 8am – 8pm 
US/Eastern Time, excluding weekends and holidays. See appendix C for contact 
numbers.

When performance measures do not meet the standards specified in this SLA, the 
Subscriber and Internet2 Commons will jointly work to:
-	Identify the cause of the problem
-	Resolve the problem as quickly as possible

If resolution is not achieved within eight (8) business hours by the help desk at OARnet, 
the Subscriber and/or an Internet2 Commons representative will escalate the problem to 
OSU Technical Support.

If resolution is not achieved within sixteen (16) business hours, then the Internet2 
Commons Manager will be notified by OSU technical Support at +1.734.352.7099.


10.0 Upgrades

Software and hardware upgrades to the MCUs and associated equipment are at the 
discretion of Internet2 Commons and will be executed with a minimum of disruption to 
service. Software and hardware upgrades to endpoint equipment are the responsibility of 
the Subscriber as long as they do not affect the workings of the network or impact other 
users. Subscribers are expected to keep their endpoints current and to install software 
releases. 


11.0 Security

H.323 Videoconferencing does not, at this point, offer a high level of security; however, 
measures can be taken at the endpoint to minimize misuse and unwanted intrusion. See 
your manufacturer’s guidelines for measures specific to your endpoints.


12.0 Terms of Subscription

12.1	
Subscription to the Internet2 Commons Videoconferencing Service via H.323 is available 
only to Members of the Internet2 community who (i.) agree to adhere to these Internet2 
Commons Terms of Subscription, and (ii.) are approved by Internet2 for Internet2 
Commons Subscription. (see section 3.0 Participation for more information)

12.2	 
A Subscriber may allow access to the Internet2 Commons Videoconferencing Service via 
H.323 only to persons in the following categories, as elected by the Subscriber: (i) its 
students, faculty, or staff; (ii) members of its research or educational collaboration 
community, including corporate partners; (iii) other individuals that normally have access 
to the Subscriber's networks when the Subscriber judges those individuals to fall within 
the spirit of the Internet2 Commons Videoconferencing Service via H.323 Conditions of 
Use, and (iv) any other person with the prior written consent of Internet2.

12.3
In selecting the persons who will have access to the Internet2 Commons 
Videoconferencing Service via H.323/SIP, each Subscriber shall seek to ensure that the 
expected traffic to and from such persons will consist primarily of research or educational 
materials and will abide by and otherwise conform to the Internet2 Commons Conditions 
of Use.  The Internet2 Commons Conditions of Use currently in effect are set forth in 
Appendix A of this SLA. The Conditions of Use may be modified from time to time by a 
30 day notice prior to those changes taking effect. Each Subscriber shall inform the 
persons to whom it has provided access to the Internet2 Commons about the Conditions 
of Use. 

12.4
Internet2 reserves the right to: interrupt, suspend, or reduce service to any Subscriber or 
any other person, when such action is necessary in Internet2’s sole judgment. Internet2 
will endeavor where reasonably possible to provide advance notice to the Subscriber of 
any such interruption, suspension, or reduction. As soon as possible following the 
interruption, suspension, or reduction, Internet2 will contact the Subscriber in an attempt 
to resolve any problems and restore service. If requested by Internet2, the Subscriber 
agrees to temporarily suspend some or all of its traffic and collaborate to resolve any 
problems. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF 
SUBSCRIPTION, INTERNET2 SHALL NOT BE LIABLE TO ANY SUBSCRIBER 
OR ANY OTHER PERSON FOR ANY ERROR IN TRANSMISSION OR FOR ANY 
INTERRUPTION OR TERMINATION OF SUBSCRIPTION, EITHER PARTIAL OR 
TOTAL, EITHER INTENTIONAL OR ACCIDENTAL (INCLUDING ANY ERROR, 
INTERRUPTION OR TERMINATION DUE TO THE DELIBERATE MISCONDUCT 
OR NEGLIGENCE OF ANY PERSON), WHETHER OR NOT PRIOR NOTICE OF 
ANY SUCH INTERRUPTION OR TERMINATION HAS BEEN GIVEN. 

12.5
The Internet2 Commons Videoconferencing Service via H.323/SIP Service Level 
Agreement may be terminated for convenience by the Subscriber, by giving 30 days 
notice to Internet2 via email or letter mail. No fees will be refunded by Internet2 to a 
Subscriber in the event of termination for convenience. Internet2 may withdraw all or 
part of this service at some future date. In this event Internet2 will endeavor to provide 
substantial notice and work with the Subscriber to effect a smooth transition. 

This agreement may be terminated for cause by either party for failure of the other party 
to comply with the terms of this agreement.  Prior to termination, the party wishing to 
terminate the agreement must notify the other party in writing of the reason(s) for 
termination and the party so notified will have five (5) business days to respond. If the 
parties concur that termination is appropriate they will execute a termination of this 
agreement. If the parties are unable to resolve the reasons satisfactorily to both parties 
then Section 12.12 will be used for the purposes of resolution.

12.6
Each Subscriber is responsible for all arrangements, both contractual and physical, for 
establishing its connection to the Internet2 Commons Videoconferencing Service via 
H.323/SIP.  Such arrangements include, but are not limited to, providing, operating, and 
maintaining the equipment necessary for connection to the Internet2 Commons 
Videoconferencing Service via H.323/SIP. Although such arrangements are the 
Subscriber's responsibility, Internet2 will provide advice and assistance as available, and 
Internet2 has the right to object to any arrangement that it deems inconsistent with the 
successful operation of the Internet2 Commons Videoconferencing Service via 
H.323/SIP.

12.7
Internet2 will normally operate the Internet2 Commons Videoconferencing Service via 
H.323/SIP 24 hours per day every day.  However, Internet2 expects, and shall have the 
right, to suspend the operation of the Internet2 Commons Videoconferencing Service via 
H.323/SIP from time to time for purposes of testing and maintenance. Internet2 will 
attempt to provide advanced explanation and warning of changes to the service.

In the event of an emergency and to protect the network or other Subscribers, Internet2 
may modify, suspend, or discontinue the service, without prior notice, or impose limits 
on the service. As soon as possible thereafter, Internet2 will contact the Subscriber in an 
attempt to resolve any problems and to reestablish the service.

12.8
Subscribers are responsible for establishing and maintaining their own access security, 
including the security of user identification, passwords, and any other confidential 
information related to their Subscription.  Subscriber’s security standards for access to 
the Internet2 Commons Videoconferencing Service via H.323/SIP must conform to the 
Internet2 Commons Videoconferencing Service via H.323/SIP Conditions of Use.  

12.9
Each Subscriber shall promptly notify Internet2 of any known or suspected unauthorized 
use of the Internet2 Commons Videoconferencing Service via H.323/SIP and of any 
known or suspected breach of security. The Internet2 Commons Videoconferencing 
Service via H.323/SIP will notify the Subscribers of any known breach of or challenge to 
the Internet2 Commons Videoconferencing Service via H.323/SIP systems potentially 
affecting them.

12.10
Each Subscriber shall promptly notify Internet2 Commons of errors, system failures, or 
other interruptions in the Internet2 Commons Videoconferencing Service. For other 
service issues, Subscribers should notify the Internet2 Commons Project Manager.  
Names and contact numbers will be posted on the Internet2 Commons 
Videoconferencing Service via H.323/SIP website.

12.11
A Subscriber may not assign any of its rights or obligations under its Internet2 Commons 
Videoconferencing Service via H.323/SIP Service Level Agreement to any other person 
without Internet2's written consent.  The Internet2 Commons Videoconferencing Service 
via H.323/SIP Service Level Agreement is governed by Michigan law.  

12.12
In the event of a dispute or claim arising out of or relating to this agreement the 
Subscriber and Internet2 Commons are required to negotiate in good faith for 60 days, 
and if the dispute is not resolved by such negotiation, Internet2 Commons and Subscriber 
expressly agree that such dispute shall be determined by binding arbitration before a 
single arbitrator (selected from a panel of persons who are attorneys having experience 
with and knowledge of the computer and computer software business) under the 
Commercial Arbitration Rules of the American Arbitration Association.  Such arbitration 
shall be held in Washington, D.C. (or such other place as the parties may agree upon in 
writing).  Any provisional or equitable remedy that would be available from a court of 
law shall be available from the arbitrator to the parties.  Any decision or award of the 
arbitrator shall be final and binding on all the parties to this agreement and shall not be 
subject to appeal or review by any court or tribunal.  Judgment upon any award rendered 
by the arbitrator may be entered in any court having jurisdiction.  The parties hereby 
consent to the non-exclusive jurisdiction of the courts of the State of Michigan for any 
action (i) to compel arbitration, (ii) to enforce the award of the arbitrator or (iii) prior to 
the appointment and confirmation of the arbitrator, for temporary, interim or provisional 
equitable remedies and to service of process in any such action by registered mail, return 
receipt requested, or by any other means provided by law.  Costs for the arbitration 
proceeding shall be borne equally by the parties.  Each party will be responsible for 
paying its own attorney costs.

13.0   Disclaimer, Limitation of Liability and Indemnification.

13.1
ALL SERVICES PROVIDED BY INTERNET2 COMMONS, ITS THIRD PARTY 
SERVICE PROVIDERS OR ANY OF THEIR DESIGNEES, IF ANY, ARE 
PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER 
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF 
TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A 
PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY 
INTERNET2 COMMONS, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR 
RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. INTERNET2 
COMMONS EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY 
THAT THE INTERNET2 COMMONS VIDEOCONFERENCING SERVICE VIA 
H.323/SIP WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

13.2
SUBSCRIBER AGREES THAT SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY 
FOR ANY AND ALL CLAIMS RELATED TO THE SERVICES OR ANY FAILURE 
OF INTERNET2 COMMONS TO PROVIDE THE SERVICES SHALL BE LIMITED 
TO THE TOTAL SERVICE CHARGES PAID BY SUBSCRIBER.   

13.3
Internet2 Commons shall not be liable for claims or damages caused in whole or in part 
by (i) Subscriber's fault or negligence or by Subscriber’s failure to perform its 
responsibilities; (ii) claims against Subscriber by any third party; or (iii) any act or 
omission of any other party furnishing products or services to Subscriber.

13.4
In no event shall Internet2 Commons’ entire liability for any and all claims arising out of 
this Agreement, whether in contract, tort or otherwise, exceed the amount of service 
charges paid by Subscriber.  

13.5
IN NO EVENT SHALL INTERNET2 COMMONS BE LIABLE TO THE 
SUBSCRIBER OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, 
CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES OR FOR ANY LOST OR 
IMPUTED PROFITS OR REVENUES OR LOST DATA OR COSTS OF COVER 
ARISING FROM OR IN RELATION TO THIS AGREEMENT OR THE SERVICES, 
HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY.  THIS 
LIMITATION WILL APPLY EVEN IF SUCH PARTY HAS BEEN ADVISED OR IS 
AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

13.6  
Subscriber shall, at its own expense, defend, indemnify, and forever hold Internet2 
Commons and its affiliates, successors, parent, subsidiaries, assigns and their respective 
officers, directors, employees and agents (each an “Indemnitee”), harmless from and 
against any and all losses, damages, injuries, costs, liabilities and expenses of any type 
(including, without limitation, fines, forfeitures, reasonable attorneys' fees, disbursements 
and administrative or court costs) incurred in connection with any and all claims, 
proceedings, actions or suits ("Claims") based in whole or in part upon or arising in 
connection with (i) Subscriber Content, including without limitation, Claims for libel, 
slander, infringement of copyright or unauthorized use of any trademark, trade name, 
service mark or other moral or intellectual property right of any person; (ii) the use of 
Subscriber Equipment or any facilities, equipment, apparatus or systems of Subscriber 
not provided by Internet2 Commons, including without limitation Claims for 
infringement of any third party's patent, copyright, trademark, trade secret or other 
intellectual property right ("Intellectual Property Rights" and individually, an 
"Intellectual Property Right"); (iii) the use of the Services by any end user of Subscriber, 
the inability of any end user of Subscriber to use the Services or any other Claim by any 
end user of Subscriber except to the extent such Claim is based solely on the gross 
negligence or willful misconduct of Internet2 Commons and (iv) damage to any business 
or property, or injury to, or death of, any person arising out of any act or omission of 
Subscriber, or its agents, employees or end users, in connection with any product, service, 
facility or equipment provided by Internet2 Commons.

14.0 Miscellaneous

14.1
In no event shall Internet2 Commons be responsible for any failure to perform due to 
unforeseen circumstances or to causes beyond its control (Force Majeure), including but 
not limited to (a) acts, delays or failures to act on the part of any governmental authority; 
(b) acts of God; (c) accidents resulting in substantial personal injury or property damage; 
(d) labor disturbances and strikes; (e) wars, military action, terrorism, sabotage and civil 
disturbances; and (f) utility curtailments, power failures, shortages of equipment or 
supplies, unavailability of transportation, network slowdowns or outages, failure of third-
party-owned communications facilities, acts or omissions of third parties; in all cases the 
occurrence of which is beyond the reasonable control, and not caused by the negligence 
of Internet2 Commons.  Internet2 Commons shall be excused from such performance to 
the extent required by the force majeure condition so long as Internet2 Commons takes 
all reasonable steps to avoid or remove such causes of nonperformance and immediately 
continues performance whenever and to the extent such causes are removed.

14.2
This agreement, together with the exhibits, appendixes, and attachments constitutes the 
sole and entire understanding between the parties with respect to the subject matter 
hereof and supersedes all prior agreements, promises, proposals, representations, 
understandings and negotiations, whether written or oral, between the parties with respect 
to such subject matter.

14.3
No modification, amendment, supplement to or waiver of any provision of this agreement 
shall be binding upon the parties hereto unless made in writing and duly agreed upon and 
documented by both parties.  A failure of either party to exercise any right provided for 
herein shall not be deemed to be a waiver of any right hereunder.  Any waiver must be in 
writing and signed by the party against which it is to be enforced.


APPENDIX A – CONDITIONS OF USE

Conditions of Use for the Internet2 Commons Videoconferencing Service via 
H.323/SIP
Purpose
The Internet2 Commons Videoconferencing Service via H.323/SIP, a project of Internet2 
in collaboration with various university and corporate partners, exists to advance the 
mission and goals of Internet2 and its members. Internet2 promotes research and 
instruction in United States institutions of higher education by facilitating and enabling 
the development of advanced network applications, services, and content for the routine 
collaboration among Subscribers in instructional, clinical, and/or research projects, 
services, and content. The Internet2 Commons Videoconferencing Service via H.323/SIP 
supports the mission of Internet2 by providing H.323-based conferencing services among 
higher education institutions, and between those institutions and certain other research 
and educational organizations and networks whose connectivity and collaboration 
benefits higher education. The Conditions of Use for the Internet2 Commons 
Videoconferencing Service via H.323/SIP stem from and seek to advance these 
fundamental purposes. 
Overview
Videoconferencing Traffic to and from educational and non-profit sites is assumed to be 
the result of collaboration and other related work with Members and Sponsored 
Participants on instructional, clinical, and/or research projects, services, and content. 
Traffic over the Internet2 Commons Videoconferencing Service via H.323/SIP from 
corporate sites is expected to be similarly focused on such collaboration and other related 
work with Members and Sponsored Participants. 
The Internet2 Commons Videoconferencing Service via H.323/SIP allows for 
connections and traffic from Internet2 Members and Subscribers to non-subscribing 
organizations, with no assurances for the connectivity and success of the non-Subscribers 
network. 
Any use of Internet2 Commons Videoconferencing Service via H.323 other than those 
generally intended, and any otherwise permitted use that impairs the Internet2 Commons 
Videoconferencing Service via H.323/SIP's technical or organizational ability to carry out 
its mission, violates the Conditions of Use. Subscribers are responsible for ensuring that 
their use is overwhelmingly consistent with these conditions, even when technology 
limitations prevent Internet2 Commons Videoconferencing Service via H.323 managers 
from detecting violations through monitoring of endpoint connections (content is not 
monitored except by special agreement).
Principles, Conditions, and Procedures
A. Principles
1. Teaching, learning, clinical, and research uses that benefit higher education are always 
of higher priority than other uses of the Internet2 Commons Videoconferencing Service 
via H.323/SIP. Activities that detract from these core purposes are always of a lower 
priority.
2. Individual Subscribers must ensure that their use of the Internet2 Commons 
Videoconferencing Service via H.323/SIP does not exceed that for which they have 
subscribed. Port Hour balances will be available upon request and/or online.
3. The Internet2 Commons Videoconferencing Service via H.323/SIP is not intended for 
classified, proprietary, or unrelated commercial purposes. 
4. The Internet2 Commons Videoconferencing Service via H.323/SIP is not intended for 
resale, except where subscribers are recouping their costs of providing services to their 
constituents. For-profit resale and competition with other telecommunication services 
constitutes a violation of the Conditions of Use.
5. The Internet2 Commons Videoconferencing Service via H.323/SIP may not be used 
for illegal purposes. 
B. Multipoint Control Unit Connections and Traffic
1.   Except as provided above, no Internet2 Commons Videoconferencing Service via 
H.323/SIP participant or other entity may congest the MCUs or use the connection in any 
way that unreasonably interferes with other participants' communications, or use the 
connection in ways that threaten the technical or organizational viability of Internet2 
Commons Videoconferencing Service via H.323/SIP, the OARnet network, or Internet2.
2. The Internet2 Commons Videoconferencing Service via H.323/SIP reserves the right 
to refuse traffic to and from Subscribers that violate this Condition.
C. Interpretation, Disputes, and Adjudication
1. Subscribers seeking interpretation of these Conditions of Use should refer their queries 
to Internet2 Commons staff, who will seek technical and other counsel as appropriate 
before publishing a response.  Sponsored Participants should refer their queries about the 
Conditions of Use to their sponsor.
2. Subscribers seeking exceptions to these Conditions should submit full details to the 
Internet2 Commons staff, who will decide and make whatever special arrangements may 
be necessary. Sponsored Participants should consult with their sponsor.
3. Subscribers should refer complaints about the improper use of the Internet2 Commons 
Videoconferencing Service via H.323/SIP to Internet2 Commons staff. Sponsored 
Participants should refer complaints to their sponsor, who will consult with Internet2 
Commons staff. If Internet2 Commons staff is unable to resolve the complaints, the issue 
will be referred to the Commons Management Team, or at the staff’s discretion, to 
Internet2 senior staff, or the Network Policy and Planning Advisory Council (NPPAC) 
for resolution.




APPENDIX B – SUBSCRIPTION PLAN 
DESCRIPTIONS AND FEES

1. Prime Subscription: For inter-campus organizations, high-use departments within 
campuses that require their own, dedicated services, and other communities of 
researchers, educators, or corporate partners collaborating with one another. This is a 
flexible plan to meet your group’s needs, based on a minimum of 300 port hours for 
$2,000 (see Table 1). A Site Coordinator is required.

2. Alliance Subscription: For organizations that own and operate one or more MCUs and 
want a back-up service or additional features provided by the Internet2 Commons 
equipment. An MCU Administrator is required. For purposes of the Alliance 
subscription, an organization must own an MCU with a minimum of twelve ports capable 
of sustaining simultaneous 384kbps connections.
Table 1:  Subscription Plan Comparison Chart

Prime
Alliance
Required 
personnel
Site Coordinator
MCU Administrator
Ad Hoc 
Calling
Yes, during regular hrs of operation. This is 
best-effort, as there is not time for testing.
Yes, during regular hrs of operation. This is 
best-effort, as there is not time for testing
On Hand Call 
Monitor
Available upon request
Available upon request
Streaming and 
Archiving
Available upon request
Available upon request
Advanced 
Booking
Yes
Yes
Port Hours *

*Flexible, with a minimum of 300 port hours 
and additions in multiples of 10 port hours.
*100 port hours and additions in multiples of 
10 port hours.
Fee**
*$2000/yr minimum, for 300 port hours per 
year 
*10 cents/minute/port for additional port 
hours

*$1000 for 100 port hours per year 

*Each connected endpoint uses one port. Times are metered to the nearest minute.
**Rates are in effect through August 31, 2005.




APPENDIX C – INTERNET2 COMMONS 
VIDEOCONFERENCING CONTACTS

Help Desk, maintained by OARnet & Second level, OSU Technical support (See section 
9.0 for hours of operation)  
+1.614.292.9191

 

Jonathan Tyman, Internet2 Commons Manager
+1.734.352.7099
tyman@internet2.edu



Kathy Johnson, Internet2 Billing and Accounting Contact
+1.734.913.4264
kaj@internet2.edu 


 
 
 
 
Internet2 Commons Videoconferencing Service via H.323/SIP Service Level Agreement


Internet2Commons_H323_SIP_SLA_200411.doc		Page 18 of 18
 


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