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

L!. OJ:"Tl-lt= rL!.  15. Miscellaneol his Agreement, the tariffs, the documents referenced PROPERTY OR FOR INJURY ) ANY PERSON herein, and the AUPs constitute the entire agreement between Cox and ARISING FROM THE INSTALLATION OR REMOVAL Customer for the Services and equipment provided herein. The invalidity or OF EQUIPMENT UNLESS CAUSED BY THE unenforceability of any term or condition of this Agreement shall not affect the NEGLIGENCE OF COX. validity or enforceability of any other provision. This Agreement may be modified, UNDER NO waived or amended only by a written instrument signed by the parties; provided RCUMSTANCES WILL COX BE LIABLE FOR ANY Cox may modify the AUP and if Customer continues to . use the Service, Customer shall be bound by such AUP as modified. The rights and obligations of JECIAL OR CONSEQUENTIAL DAMAGES the parties under this Agreement shall be governed by the laws of the State of INCLUDING LOST PROFITS ARISING FROM THIS Florida. The failure by either party to exercise one or more rights provided in AGREEMENT. COX' S MAXIMUM LIABILITY TO this Agreement shall not be deemed a waiver of the right to exercise such right in the future. Notices required by this Agreement shall be in writing and shall be CUSTOMER ARISING UNDER THIS AGREEMENT delivered either by personal delivery or by mail. If delivered by mail, notices shall SHALL BE THE LESSER OF $ 5, 000. 00 OR THE be sent by any express mail service; or by certified or registered mail, return AMOUNT ACTUALLY PAID BY CUSTOMER FOR receipt requested; with all postage and charges prepaid. All notices and other written 'communications under this Agreement shall be addressed to the parties SERVICES HEREUNDER. at the addresses on the first page of this Agreement, or as specified by subsequent written notice delivered by the party whose address has changed. 11. Assicmment Customer may not assign, in whole or in part, this Agreement withQut the prior written consent of Cox, which consent may be withheld in Cox's 16. ReQulatorv Authority- Force Maieure This Agreement and the obligations discretion. Cox may assign this Agreement and Service may be provided by one or of the parties shall be subject to modification to comply with all applicable laws, more legally authorized Cox affiliates. regulations, court rulings, and administrative orders, as amended. In no event shall either party have any claim against the other for failure of performance if such failure is caused by acts of God, natural disasters including fire, flood, or 12. WARRANTIES EXCEPT AS PROVIDED HEREIN, winds, civil or military action, including riots, civil insurrections or acts of THERE ARE NO AGREEMENTS, WARRANTIES OR terrorists or the taking of property by condemnation. REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER 17. Web HostinQ Servers. Cox reserves the right to select the server for IN FACT OR BY OPERATION OF LAW, STATUTORY Customer's web site for best performance. The Customer understands that the OR OTHERWISE, INCLUDING WARRANTIES OF Services provided by Cox may be provided on a shared server. This means that one web site cannot be permitted to overwhelm the server with heavy CPU MERCHANTABILITY AND FITNESS FOR A usage, for example from the use of highly active CGI scripts or chat scripts. If PARTICULAR PURPOSE, RELATING TO THE the Customer's web site overwhelms the server and causes complaints from other users, the Customer has outgrown the realm of shared services and will be SERVICES. SERVICES PROVIDED ARE A BEST required by Cox to relocate its web site. If the Customer refuses to comply with EFFORTS SERVICE AND COX DOES NOT WARRANT this Section, then Cox has the right to terminate the Services. Cox will use THAT THE SERVICES, EQUIPMENT OR SOFTWARE reasonable efforts to maintain a full time Internet presence for the Customer. The Customer hereby acknowledges that the network may, at various time SHALL BE ERROR- FREE OR WITHOUT intervals, be down due, but not restricted to, utility interruption, maintenance INTERRUPTION. OOX MAKES NO WARRANTY AS TO equipment failure, natural disaster, acts of God, or human error and Cox shall not be liable to customer for such outages or server downtime. TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 18. DiQital Millennium CopvriQht Act. Cox is registered under the Digital Millennium Copyright Act of 1998. Pursuant to 17 U. S. C. Section 512( c)3, if you INDEMNITY Customer shall indemnify and hold Cox and its respective believe that a Web page hosted by Cox is violating your rights under U. S. l iliates, subcontractors, employees or agents harmless ( including payment of copyright law, you may file a complaint with Cox's designated agent. Please dsonable attorneys fees): from and against any claim, actions or demands contact DMCA@Cox.com for information necessary to file your complaint with relating to or arising out of Customer's use of the Service including without Cox. limitation ( i) any content or software displayed, distributed or otherwise disseminated by the Custom,er, its employees, or users of the Services, ( Ii) any 19. E- Rate Customers. This paragraph applies only to educational institutions claim that Customer' s US,€!c, of the Service including the registration and or libraries seeking reimbursement under the Federal Universal Service Fund. maintenance of Customer's';Selected domain name( s), infringes on the patent, Customer shall apply annually to the Schools and Libraries Division, " SLD" for E- copyright, trademark or other) iltellectual property right of any third party; ( iii) any Rate funding and Customer shall designate Cox as its provider of Services. malicious act or act in violation of any laws committed by Customer, its Customer shall also provide Cox with all documentation that is in response to all employees or users using the Services; and/ or ( iv) violation by Customer, its queries, inquires and requests as part of the Program Integrity Assurance ( PIA) employees or authorized users of the Cox AUPs. process within three ( 3) business days of receipt andfor delivery thereof. Customer also acknowledges that increases and decreases in funding for 14. Viruses, Content, Customer Information Software or content obtained Services may occur from the SLD. If Customer is denied SLD funding for any from the use of Service may contain viruses or other harmful features and reason, Cox may then elect to decrease the level of Services provided to Customer is solely responsible for protecting its equipment and software from Customer. If full E-Rate funding is not received within 6 months of application such matters. Through the use of the Service, Customer may obtain or discover date, or by the opening of the application window for the following funding year, content that is offensive or illegal and Customer assumes the risk and is solely then Cox may terminate the Agreement without further liability to Cox or the responsible for its access to such content. Cox may delete any Internet traffic or Customer. Additionally. if full E- Rate funding is not received and Cox elects to e- mail that contains a virus. Customer is solely responsible for protecting its terminate the Services during the contract term, then Customer may be subject network, equipment and software through the use of firewalls, anti- virus, and to termination liabilities. other security devices. Customer Initials: Date: Cox Business Services - Exhibit A 6/ 11/ 2007 107 SW. Miracle Strip Parkwa 66689-01 Chester Pruitt 15 SE Carson Drive Recreation Center $ 174. 00 69624-01 Cemete $ 174. 00 69623- 02 Fire Station # 7 1974 Lewis Turner Blvd $ 174. 00 69626-01 Water Treatment Plant 17 First St. 174. 00 69628- 01 Indian Temple Mound 139 SE. Miracle Strip Museum Parkwa $ 174.00 74311- 01 Golf Club 1955 Lewis Turner Blvd $ 174. 00 7668101 Docie Bass Recreation 54 NE Ferry Road