Fort Walton Beach Council agenda — 06-26-2007 regular agenda — reading text

Customer to use the Services, Customer shall be responsible for such disconnected or removed and/ or the battery is not charged, Service, equipment. including access to E911, will- not be available. Cox uses your telephone Service address to identifY' your location for E911 Service. To ensure that 6. Resale of Service Except for Web Hosting, Customer may not resell any E911 dispatch receives your correct address, the eMTA and/ or lAD installed portion of the Service to any other party. Customer shall be responsible for any in your business should not be moved. Please notify Cox if you would like software and content displayed and distributed by Customer or Customer's web to move or relocate your telephone Service. It can take up to 2 business hosting customers, if any. days for your new address to be updated so please call us to make this l1ange. 7. Default If Customer fails to comply with any material provIsion of this Agreement, including, but not limited to failure to make payment as specified, Terms and Conditions. of Data. Internet. Web HostinQ. Web then Cox, at its sole option, may elect to pursue one or more of the following ConferencinQ, Video and unreQulated Services. courses of action upon proper notice to Customer as required by tariff or applicable law: ( I) terminate service whereupon all sums then due and payable 1. Pavment Customer shall pay for all monthly service charges, plus one- shall become immediately due and payable, ( Ii) suspend all or any part of time set- up, installation and/ or cof1struction charges. Cox may change video and Services, and/ or ( Iii) pursue any other remedies, including reasonable attorneys' music Service prices periodi'Cal y: during the Term of this Agreement. Unless fees, as may be provided at law or in equity, including the applicable termination stated otherwise herein, monthly charges for Services shall begin upon liabilities. installation of Service, and' installation charges, if any, shall be due upon 8. IP Address and Domain Name ReQistration Cox will allocate IP addresses completion of installation. Any amount not received by the due date shown on the applicable bill will be subject to interest or a late charge at the maximum rate to Customer according to InterNIC guidelines. AIIIP addresses assigned by Cox allowed by law. If applicable to the Service, Customer shall pay sales, use, must be relinquished by Customer upon the expiration, termination or cancellation of this Agreement. IP address shall be subject to the IP policy in the gross receipts, excise, access, universal service fund assessments, 911 fees, franchise fees, bypass or other local, state and Federal taxes or charges AUP. If Customer requests, Cox will register an available domain name on imposed on the use of the Services. Taxes will be separately stated on the behalf of Customer, and such registration shall be sUbject to rules promulgated Customer's invoice. No interest will be paid on deposits. by the domain name registrar, which may be amended from time to time and are presently posted at Register.com 2. Service and Installation Cox shall provide Customer with the Services and httD:/lwww. reQister.comlretaiI/Dolicv/ servicesaQreement.rcmx. or Verisign at httO://www.netsol. com/ en US/leQal/ static-service- aQreement.ihtml. Customer is Equipment identified on the first page of this Agreement; provided, however, if Cox determines that Customer's location is not serviceable under Cox' s normal responsible for payment and maintenance of domain name registration. installation guidelines, Cox may terminate this Agreement. Customer is 9. Termination Customer may terminate video, data, Internet, web hosting responsible for damage to any Cox equipment. Customer may use the Services for any lawful purpose, provided that such purpose ( a) does not interfere or and/ or web conferencing Services before the end of the term selected by impair the Cox network, equipment or facilities and/ or ( b) complies with the Customer on the first page of this Agreement; provided, however, if Customer applicable Acceptable Use Policies C'AUP") which are incorporated herein by terminates Service before the term selected by Customer ( except for breach by reference. Customer shall use the equipment only for the purpose of receiving Cox), or Cox terminates Services for Customer's breach of this Agreement or the Services. Customer shall not make any connections to the equipment which the AUPs, Customer may be subject to a termination liability. The termination are not expressly authorized in writing by Cox or permit tampering, altering or liability shall equal 100% of the monthly recurring charges for the terminated Services multiplied by the number of full months remaining in the initial term repair of the equipment by any person other than Cox's authorized personnel. Unless provided otherwise herein, Cox shall use reasonable efforts to maintain commitment and is due upon termination. After the initial term, this Agreement the Services in accordance with applicable performance standards, however, shall automatically renew on a month- to- month basis and shall be subject to Cox shall have no responsibility for the maintenance or repair of facilities and terms of this Agreement. Any termination by Customer must be in writing. If Cox is delivering Services via wireless network facilities and there is signal equipment it does not furnish. For Cox Internet Services, bandwidth speed interference with such Service, Cox may terminate this Agreement if Cox options may vary. Customer may not always receive or obtain optimal bandwidth cannot resolve the interference by using commercially reasonable efforts. speeds and Cox network management needs may require Cox to modify and' downstream speeds. upstream Use of the data, Internet, web conferencing/ web hosting Services shall be subject to the Cox AUP and the AUP 10. LIMITATION OF LIABILITY. COX SHALL NOT BE available online at www.coxbusiness. com/ acceptableusepolicv. pdf. The JPs may be amended from time to time during the Term of this Agreement. LIABLE FOR DAMAGES FOR FAILURE TO FURNISH ustomer's continued use of the Services following an amendment shall OR INTERRUPTION OF ANY SERVICES, NOR SHALL constitute acceptance. For video and music Services, Cox reserves the right to COX BE RESPONSIBLE FOR FAILURE OR ERRORS change channel line- up at any time. IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE 3. Service Date and Term This Agreement shall be effective upon execution II~ t= ro)( 1.....L\.._ . __~:'-_ C,"" O__.:___ _...._ H "'-_ ___..;~_~ &__ "' L.._ ___ H__ L.. I_ ...__ --.. .&_.....'- -- nL!. r- I\ JlL!. t= r- Rt= Rnl t=~~