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

personnel Service. Me ox pursuant if requested will providem lawful this lsubpoena subpoena o or Vensign: htqw1/. ww. n. ts. l. com/ en US / legal /stack -sere ce- court Omer. Although Cox has taken commercially reasonable steps U agreementihtml. Customer is responsible for payment and provide a secure system within limitations existing in network c maintenance of domain name registration. computer infrastructure, Cox does not warrant or guarantee ti communications over the WI- 19 Service shall be secure from monitor B2. Web Hortlna Servers Cox reserves to right to select the server or tampering, nor that information soared on any computer connected L for Customer' s web site for best performance. Customer understands the Cox WI - H Service shall be secure from monitoring or tampem L that the Services provided by Cox may be provided on a shared server. CUSTOMER ACKNOWLEDGES THE RISKS ASSOCIATED WITH PUBI M This means Mat one web site cannot be permitted to overwhelm the ACCESS TO THE INTERNET AND HEREBY RELEASES COX FROM A server with heavy CPU usage, for example from the use of highly active LIABILITY FOR UNAUTHORIZED THIRD PARTY SECURITY BREACHES T Common Gateway Interface ( CGI) scripts or chat scripts. If Customer's THE RESULTS THEREOF. web site overwhelms the server and causes users, Customer has outgrown Me realm of shared Services and will be complaints from other nto B6. Viruses. Content. Customer Information Software or conb i required by Cox to relocate its web site. If Customer refuses to comply obtained from the use of Service may contain viruses or other harr u- with this Section, then Cox has Me right to terminate Services. Cox will features and Customer is solely responsible for protecting its netwo use reasonable efforts to maintain a full time Internet presence for equipment, and software trough the use of firewalls, and- virus, a a. Customer. Customer hereby acknowledges that the network may, at other security devices. Through the use of the Service, Customer It Y various time intervals, be down due to, but not restricted to, utility obtain or discover content that is offensive or illegal and Custon U Interruption, maintenance, equipment failure, natural disaster, acts of assumes the risk and is solely responsible for its access to such conte God, or human error. Cox shall not be liable m Customer for such Cox may disclose Customer information to law enforcement or to z cc outages or server downtime. Cox a vvirus. irus. affiliate.If Cox may delete Customer oiler any Internet operates trafficlocalor e-access a wireless mail that work YE network B3. Interconnected VoIP ( li 1pl Services If Customer purchases connection with the Services, Customer is solely responsible for I m any iVoIP Services under this Agreement, the terms and conditions located at hhp:// wwZ. mx .mm /business/ voice /mgulatory. cox ( Me security of itsatnetwork. policy posted Use of mm htto: / /www.mx. to Service is subjectPrivacy /odicv/ #Online W COxi cv. >±Q Policy, iVoIP Website') and the terms and condibons of this Agreement shall apply to such Service( s). For purposes of this Agreement, Me iVoIP B7. Temrinatien Customer may temlinate video, data, VoiceManag Services shall include the following Cox Services and features: Cox Internet, web hosting, unregulated telephone Services, iVoIP and Business VoiceManager, Hosted IP -PBX Services, SIP Trunking, PRI web mnferencing Services before the end of Me term selected Personal Mobility, and any other Cox Service or feature that ( i) enables Customer on to first page of this Agreement; provitletl, however real -time, two -way voice communications; ( ii) requires a broadband Customer terminates any such Service before to end of the To connection and may require IP- compatible Customer equipment; and except for breach by Cox), or Cox terminates any Service III) permits Customer to recelve telephone calls from and initiate calls Customers breach of this Agreement or to AUP, Customer will over the Public Switched Telephone Network. The iVoIP Website subject to termination liability equal to the nonrecurring charges contains descriptions and charges, including but not limited to, charges unpaid) and 100% of to monthly recurring charges for to terminal for the network interface fee and Services such as directory assistance, Services multiplied by the number of full months remaining in to Ter directory listing, operator services and other 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 Packet Pg. 19 interference with such Service, Cox may terminate this Agreement If shown on the applicable invoice will be subject to inter Cox cannot resolve the interference by using commercially reasonable charge no greater than the maximum rate allowed by law. 8. 2. a efforts. to the Service, Customer shall pay sales, use, gross rec access, universal service fund assessments, 911 fees, franchise fees, B8. LIMITATION OF LIABILITY 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 Customc 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 Cox 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 INJURY 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 for any lawful purpose, Provided that such purpose ( a) or SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS not interfere or Impair the Cox network or Cox Equipment and ARISING FROM THIS AGREEMENT.