Cisco Systems Remote Data Services Agreement

[8] Exhibit 8: Cisco Systems and Digital Island Executed This Remote Data Services Agreement on November 7 and 8, 1996, Effective November 1, 1996, and Mark Nichols, Co-Founder and Director of Global Networks, Signed It for Digital Island

Preamble: This is the first executed customer contract of Digital Island. The footer of the document records the final draft as DIRDS110796Final.doc, dated November 6, 1996, which establishes a drafting-to-execution sequence of November 6 (final draft), November 7 (Digital Island execution, Mark Nichols), November 8 (Cisco execution, Hervé Goguely). The agreement bound Digital Island to enforceable service obligations, which were one-hour response, 24/7 staffing, unlimited backup power, and full redundancy and failover, for the global mirror of Cisco.com. Full verbatim transcription follows the document image below.

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Verbatim transcription of document
Cisco Systems, Inc. / Digital Island, Inc., Remote Data Services Agreement, executed November 7 and 8, 1996. Transcribed from the scanned original.

CISCO CONFIDENTIAL
CISCO SYSTEMS
Cisco Systems Inc.

REMOTE DATA SERVICES AGREEMENT

This Remote Data Services Agreement ("Agreement") is made and entered into this first day of November, 1996 ("Effective Date"), between Cisco Systems, Inc., a California corporation, with offices at 170 West Tasman Drive, San Jose, California 95134 ("Cisco") and Digital Island, a Hawaii corporation, with offices at 2800 Woodlawn Drive, Suite 238, Honolulu, Hawaii 96822 ("DI").

All notices intended for the parties shall be effective seven (7) days after registered mailing, return receipt requested; or facsimile transmission, or two (2) days if by overnight courier, if sent to their respective addresses above; if to Cisco, attention: Director, Customer Advocacy Information Services; if to DI, attention: CEO ("Notice").

Cisco desires to retain DI, a provider of remote data services for internet web sites, to perform those services as directed by Cisco, under the terms and conditions set forth herein.

IN WITNESS WHEREOF, the duly authorized representatives of the parties hereto have caused this Agreement to be duly executed.

CISCO SYSTEMS, INC.
By: [signature]
Name: Hervé Goguely
Title: Director, Global Service Management
Date: November 8th, 1996

DIGITAL ISLAND, INC.
By: [signature]
Name: Mark Nichols
Title: Director, Global Networks
Date: November 7, 1996

In consideration of the mutual covenants and promises set forth below, the parties agree as follows:

GENERAL TERMS AND CONDITIONS

I. DIGITAL ISLAND RESPONSIBILITIES:

A. This Agreement is for locating a WWW Server, supported by the related Equipment as described in Attachment IV hereof ("the Equipment"), for Cisco at DI, including a full mirror of content and applications. DI will upgrade this WWW server at Cisco's direction, within the time period specified by Cisco in the request, and upon adjustment of the fees for services as mutually agreed by the parties. DI agrees to activate the remote mirror WWW Server on the date specified by Cisco.

B. Digital Island Services. DI agrees to provide the following services to Cisco under this Agreement (collectively, "Services"):

1. Locating and connecting a host Digital Island mirror of CCO.cisco.com/www.cisco.com (hereinafter referred to as "CCO-Digital Island"), including load balancing and a fully redundant network providing a solution for failover and high availability. DI agrees to the terms and conditions of the Service Level Attachment, attached hereto as Attachment III.
2. Updating of CCO-Digital Island regularly and in such manner as to remain consistent and synchronized with CCO.cisco.com/www.cisco.com at the time it is updated.
3. A network segment exclusively for CCO-Digital Island.
4. Secure transaction services for direct, secure connection to Cisco's San Jose order processing servers and services, including all necessary encryption services.
5. Packet filtering on the router connecting the CCO-Digital Island network segment, as per instructions from Cisco.
6. UPS and generator power to support CCO-Digital Island and all equipment connecting it to the internet. In the event of a power outage, backup power will be maintained for an unlimited period of time.
7. 24 hours/day, 7 days/week technical staff on call. DI will respond to Cisco within one (1) hour for all calls received, and will respond on-site in not less than two (2) hours for all on-site requests by Cisco for severe performance problems or "system down" situations.
8. A list of technical contacts at DI as listed in Attachment III, for network and CCO-Digital Island problem resolution.
9. Immediate contact of identified Cisco personnel as listed in Attachment III, in the event of either a problem with CCO-Digital Island or major connectivity problems to CCO-Digital Island for Cisco.
10. Tape backup once per week, the tapes will be shipped to Cisco each month.
11. Collection of IP statistics for traffic to and from CCO-Digital Island, per further instructions from Cisco Systems, Inc.

Digital Island RDS Agreement [DIRDS110796Final.doc], Page 1, November 6, 1996 mak