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

Packet Pg. 24  C14. StsteAc -State and International Services C7. Default If Customer fails to comply with any material provision of subscribes to or uses Stateto -state and /or Internalmi 8,2,b this Agreement or any other agreement with Cox, Including, but not Services from Cox, such Services shall be provided pu limited to failure to make payment as specified either in this Agreement terms and mntlitions contained in Cox Customer Service Agreement or any other Agreement with Cox, then Cox, may pursue one or more of which may be found the following courses of action upon notice M Customer as required by www. cox. com/ teleph / t and the ter tariff or applicable law: ( i) terminate Service whereupon all sums then and conditions due and payable shall become Immediately due and payable, ( ii) www. coxbusiness. com/ products / voice /Wa cpdcing/ index. hbnl. suspend all or any part of Services, and/ or ( iii) pursue any other remedies, including reasonable attorneys' fees, as may be provided at C15. PBX Usage and E911 Services Please review the following webs law or in equity, including the applicable termination liabilities. for important Information about Cox' s 911 prectlo htto: / /ww2. cox. com /business /voice /regulatory cox. Customer CB. Assignment Customer may not assign or transfer any part of this responsible for ensuring Mat Customer Premises Equipment ( CPE) at Agreement without the prior written consent of Cox, which shall not be as a Private Branch Exchange ( PBX), provisioned on Cox' s network unreasonably withheld. Cox may assign this Agreement without protected from fraudulent or unauthorized access. Customer Customer's consent ( 1) to any corporation or other entity that controls, responsible for payment of all charges on their monthly bill is controlled by or is under common Control with Cox ( an " Afiliatee); ( a) statement, Including any charges resulting from fraudulent to any corporation or other entity resulting from a merger, acquisition, unauthorized access to any CPE. If Customer uses a PBX in connect Consolidation or reorganization of or with Cox; or ( iii) in connection with with the Services, Customer is responsible for programming the PBX the sale of all or substantially all of the assets of Cox. Service may be ensure that agencies receiving E911 emergency calls through the P q provided by one or more Affiliates. will receive appropriate information about the location of Me call Customer is also responsible for Informing Cox Mat it wishes to p: O C9. Reaulatory authority -Force Mafeure This Agreement and the location information Instead of the billing telephone number assecial U obligations of the parties shall be subject to modification to comply with with the account. For Cox Business VoiceManager Service, the w all applicable laws, regulations, court rulings, and administrative orders, interface and toolbar are add -on features ( integrated compu u as amended. In no event shall either party have any claim against the capabilities) designed to assist communications to and from the ( Z other for failure of performance if such failure is caused by acts of God, Business VoiceManager phone line, including the ability to direct calls O natural disasters, including fire, flood, or winds, civil or military action, wireless and other phones when Customer is away from their ( N including riots, civil insurrections, acts of terminals, or the taking of Business VoiceManager office phone. Customer acknowledges that I property by condemnation. web interface and toolbar, however, cannot be used to access ES CC Services. For certain telephone Services, an embedded multime r CIO. Digital Millennium Conyriaht Act Cox is registered under the terminal adapter ( eMTA), an integrated access device TAD), Digital Millennium Copyright Act of 1998. Pursuant to 17 U. S. C. Section enterprise session border controller ( eSBC) and/ or an analog fermi d S12( c) 3, If you believe that a Web Page hosted by Cox is violating your adaptor ( ATA) may be installed with Customers service by Cox. ON u rights under U. S. copyright law, you may file a complaint with Cox' s THE EMTA WILL HAVE BATTERY BACKUP PROVIDED BY C( 2 designated agent. Please Contact DMC @COx. com for Information CUSTOMER IS RESPONSIBLE FOR BATTERY BACKUP FOR THE I/ d necessary W file your complaint with Cox. eSBC, ATA, eMTA AND ALL CUSTOMER EQUIPMENT. IN THE EVENT N A POWER OUTAGE, YOUR TELEPHONE SERVICE USING AN EMTA W Mj CII. E - Rate Customers This Paragraph applies only to Customers who CONTINUE TO OPERATE AS USUAL FOR UP TO EIGHT HOURS WITH T 0 are educational institutions, libraries or other entities who qualify as BACKUP BATTERY PROVIDED BY COX. THE DURATION OF SERVI applicants seeking reimbursement under the Federal Universal Service DURING A POWER OUTAGE USING AN LAD, ATA, and eSBC W Fund Schools and Ubranes Program. Customer shall apply annually to DEPEND ON CUSTOMER' S BATTERY BACKUP CHOICE. IF THE EM- m the Schools and Libraries Division, " SLD" for E - Rate funding and Customer shall designate Cox as its provider of Services. Customer shall ATA, eSBC OR IAD THAT SUPPLIES YOUR TELEPHONE SERVICE G DISCONNECTED OR REMOVED AND /OR THE BATTERY IS NOT CHARG g) also provide Cox with all documentation Mat is in response to all OR IS DAMAGED, SERVICE, INCLUDING ACCESS TO 911 OR E911, W queues, inquires and requests as part of the Program Integrity Assuance ( PIA) process within three ( 3) business days of receipt and/ or NOT BE AVAILABLE. COX SHALL NOT BE RESPONSIBLE OR LIABLE F Caa ANY FAILURE TO RECEIVE SERVICE OR FOR THE FAILURE OF ANY S delivery thereof. Customer also acknowledges that increases and OR E911 CALL IF CUSTOMER REMOVES OR DISCONNECTS THE EK decreases in funding for Services may occur from the SLD. If Customer ATA, eSBC OR LAD OR IF CUSTOMER FAILS TO CHARGE THE BATTE Is denied SLD funding for any reason, Cox may then elect to decrease FOR SAID DEVICES AT ANY TIME DURING THE TERM OF Tf C the level of Services provided to Customer. If full E - Rate funding Is not AGREEMENT. COX USES YOUR TELEPHONE SERVICE ADDRESS m received within six ( 6) months of application date, or by the opening of IDENTIFY YOUR LOCATION FOR E911 SERVICE. IF THE EWA, ATA eS the application window for the following funding year, then Cox may AND /OR CAD INSTALLED IN YOUR BUSINESS IS MOVED, THE ES terminate the Agreement without further liability to either party. DISPATCH MAY NOT YOUR CORRECT ADDRESS. PLEASE NOTIFY COX T Additionally, if full E - Rate funding is not received and Cox elects to YOU WOULD LIKE TO MOVE OR RELOCATE YOUR TELEPHONE SERVII m terminate the Services during the Term, then Customer may be subject IT CAN TAKE UP TO 2 BUSINESS DAYS FOR YOUR NEW ADDRESS TO m to termination liabilities. UPDATED. 3LL C32. Demarcation The demarcation point for 1) Cox's telephone CIS. Miscellaneous This Agreement, the tanffs, the SGs j Service, is the punch -down box Installed by Cox at Customer's location; applicable), and the other documents referenced herein constitute I a and 2) Cox' s internet Service, Is the Ethernet port of the Internet entire agreement between Cox and Customer for the Services and connection provided M Customer by Cox. Unless otherwise agreed by Equipment. While all of these documents are Intended to be U the parties, Customer is responsible for wiring, cabling, equipment and together In a consistent manner, in Me event of any conflict between access beyond the applicable demarcation points. among the provisions of this Agreement, the tariffs, the SGs, and I W