Fort Walton Beach Council agenda — 10-11-11 regular — reading text

Hosted IP- PBX Services, SIP Trunking, PRI web conferencing Services before the end of the term selected Personal Mobility, and any other Cox Service or feature that ( i) enables Customer on the first page of this Agreement; provided, however real -time, two -way voice communications; ( II) requires a broadband Customer terminates any such Service before the end of the Te connection and may require IP- compatible Customer equipment; and except for breach by Cox), or Cox terminates any Service iii) permits Customer to receive telephone calls from and initiate calls Customer's breach of this Agreement or the ALP, Customer will over the Public Switched Telephone Network. The iVDIP Website subject to termination liability equal to the nonrecurring charges contains descriptions and charges, including but not limited to, charges unpaid) and 100% of the monthly recurring charges for the terminal for the network Interface fee and Services such as directory assistance, Services multiplied by the number of full months remaining in the Ter directory listing, operator services and beer ancillary services that may This provision survives termination of the Agreement. If Cox be provided with the IVoIP Services. Customer acknowledges that long delivering Services via wireless network facilities and there is signal Page 2 of 4 interference with such Service, Cox may terminate this Agreement If shown on the applicable invoice will be subject to Inter Cox cannot resolve Me interference by using commercially reasonable charge no greater than Me maximum rate allowed by law. 8, 2. b efforts. to the Service, Customer shall pay sales, use, gross re access, universal service fund assessments, 911 fees, franchise fees, 68. LIMITATION OF LreBIym COX AND /OR ITS AGENTS SHALL bypass or other local, state and Federal taxes or charges Imposed NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR the use of the Services. Taxes will be separately stated on Custome INTERRUPTION OF ANY SERVICES, NOR SHALL COX OR ITS AGENTS BE invoice. No interest will be paid on deposits unless required by law. RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE C3. Service and Installation Co. shall provide Customer with I CAUSE. COX SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR Services" identified on the first page of this Agreement. Customer FOR INIURY TO ANY PERSON ARISING FROM THE INSTALLATION OR responsible for damage to any facilities or equipment installed REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF provided by Cox ( the " Cox Equipment -). Customer may use I COX. UNDER NO CIRCUMSTANCES WILL COX BE LIABLE FOR ANY Services far any lawful purpose, provitletl Mat such purpose ( a) df SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS not interfere or impair Me Cox network or Cox Equipment and ARISING FROM THIS AGREEMENT. complies with the AUP. Customer shall use the Cox Equipment only Me purpose of receiving Me Services. Unless Provided otherw B9. WAIURKN73ES EXCEPT AS PROVIDED HEREIN, THERE ARE NO herein, Cox shall use commercially reasonable efforts to maintain I OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS Services in accordance with applicable performance standards. OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY cable modem Internet Services, bandwidth speeds may vary z y OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND Customer may not always receive or obtain optimal bandwidth spee FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. Cox network management needs may require Cox to modify upslam SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND COX DOES and downstream speeds. Use of the data, Internet, w O NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL conferenong /web hosting Services shall be subject to Me AUP V BE ERROR -FREE OR WITHOUT INTERRUPTION. COX MAKES NO www.coxbusiness. com/ amep0bleusepol cy mdf. Web hosting custom 00 WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM may view the AUP by clicking on Me Central panel. The AUP may U SPEEDS OF THE NETWORK. amended from time to time during the Term of this Agreeme it B30. Indemeity Customer shall indemnify and hold Cox and its Customer's continued use of the Services following an AUP amendml N shall constitute acceptance. respective affiliates, subcontractors, employees or agents harmless N including payment of reasonable attorneys fees) from and against any C4. Rese Customer is responsible for all Inter claim, actions or demands relating to or arising out of Customer' s use of wiring, g, Customer Gusto equipment equipment Customer phones, handle d+ the Service including without limitation: ( i) any content or software keystones, etc.), installation of heal hartlwary and software s on Custom displayed, distributed or otherwise disseminated by Customer, its employees, or users of the Services, ( ii) any claim Mat Customer' s content or registration and maintenance of Customer' s selected domain equipment, antl forarranging including spaces cables, all necessary rights of access for ( u and Equipment D ed personnel nel to t install, , repair, Inspect, t, maims name( s), Infringes on Me patent, copyright, trademark or other for Ce, or remove any and all Cox Equipment Customer shall replace, or remo oshall prey d nt. Cu intellectual property right of any third party; ( III) any act in violation of a secured space with power, control and protect test 00 any laws committed by Customer, its employees or users using the against fire, vandalism, and other ceiance for Cox Equipage w m, and casualty Services; and/ or ( iv) violation by Customer, its employees or authorized Customer shall use Me Services in compliance with all applicable Is users of the Cox AUP. and well applicable leases and other contract agreements menai bet between a Customer m and parties. If Customer engac p in a public right of any copyrighted material inn anyany m C.C1. Service Stare DMe and Term This Agreement shall be effective