Fort Walton Beach Council agenda — 10-12-2010 Regular — reading text

installation charges, if any, shall be due upon completion of installation. Any with Cox, then Cox, may pursue one or more of the following courses of action amount not received by the due date shown on the applicable bill will be subject to upon notice to Customer as required by tariff or applicable law: ( i) terminate  service whereupon all sums then due and payable shall become immediately due 15. Miscellaneous This Agreement, the tariffs, and the documents referenced and payable, ( ii) suspend all or any part of Services, and /or ( iii) pursue any other herein constitute the entire agreement between Cox and Customer for the remedies, including reasonable attorneys' fees, as may be provided at law or in Services and equipment. equity, including the applicable termination liabilities. The invalidity or unenforceability of any term or condition of this Agreement shall not affect the validity or enforceability of any other provision. 8. IP Address / Domain Name Reaistratinn Cox allocates IP addresses to Except as provided herein, this Agreement may be modified, Customer according to InterNIC guidelines. waived, or amended only by a written instrument signed by the parties. The All IP addresses assigned by Cox must be relinquished by Customer upon the expiration or termination of this Agreement. rights and obligations of the parties under this Agreement shall be governed by IP addresses are subject to the IP policy in the AUP. Domain name registrations the laws of the state where Services are installed. The failure by either party to exercise one or more rights provided in this Agreement shall not be deemed a are subject to rules promulgated by the domain name registrar, which may be waiver of the right to exercise such right in the future. Notices required by this amended from time to time and are presently posted at Register. com: http:// www. register. com/ retail/`policy/-servicesacireement. rcmx Agreement shall be in writing and shall be delivered by hand delivery or express or Verisign: htty_ Iwww. :/ netsol. com /en US /legal /static- sery ice -agreement ihtm1. or certified mail, return receipt requested, all postage prepaid, to the other party at the address on this Agreement. Customer is responsible for payment and maintenance of domain name registration. 16. Reaulatory Authority -Force Maieure This Agreement and the obligations 9. Termination Customer may terminate video, data, VoiceManager, Internet, web of the parties shall be subject to modification to comply with all applicable laws, regulations, court rulings, and administrative orders, as amended. In no event hosting, unregulated telephone Services, and /or web conferencing Services before shall either party have any claim against the other for failure of performance if the end of the term selected by Customer on the first page of this Agreement; provided, however, if Customer terminates such Service before the end of the term such failure is caused by acts of God, natural disasters including fire, flood, or except for breach by Cox), or Cox terminates Services for Customer's breach of winds, civil or military action, including riots, civil insurrections, acts of terrorists, or the taking of property by condemnation. this Agreement or the AUP, Customer will be subject to termination liability equal to the nonrecurring charges ( if unpaid) and 100% of the monthly recurring charges 17. Web Hostina Servers Cox reserves the right to select the server for for the terminated Services multiplied by the number of full months remaining in Customer's web site for best performance. The Customer understands that the the term commitment. This provision survives termination of the Agreement. After the initial term, this Agreement shall automatically renew for one ( 1) year terms at Services provided by Cox may be provided on a shared server. This means that the same rates, terms and conditions unless a party gives the other written one web site cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If termination notice at least thirty ( 30) days prior to the expiration of the then existing term. If Cox is delivering Services via wireless network facilities and there 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 is signal interference with such Service, Cox may terminate this Agreement if Cox cannot resolve the interference by using commercially reasonable efforts. required this by Cox to relocate its web site. If the Customer refuses to comply with Section, then Cox has the right to terminate Services. Cox will use reasonable efforts to maintain a full time Internet presence for the Customer. 10. LIMITATION OF LIABILITY COX SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL COX BE The Customer hereby acknowledges that the network may, at various time intervals, be down due to, but not restricted to, utility interruption, maintenance, RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, equipment failure, natural disaster, acts of God, or human error. Cox shall not FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. COX SHALL NOT BE be liable to Customer for such outages or server downtime. LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF COX. UNDER NO CIRCUMSTANCES WILL COX BE LIABLE FOR ANY 18. Diaital Millennium Copyright Act Cox is registered under the Digital Millennium Copyright Act of 1998. Pursuant to 17 U. S. C. Section 512( c) 3, if you SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS ARISING believe that a Web page hosted by Cox is violating your rights under U. S. FROM THIS AGREEMENT, copyright law, you may file a complaint with Cox's designated agent. Please contact DMCA@Cox. com for information necessary to file your complaint with 11. Assianment Customer may not assign or transfer any part of this Agreement Cox. without the prior written consent of Cox. Cox may assign this Agreement and Service may be provided by one or more legally authorized Cox affiliates. 19. E -Rate Customers This paragraph applies only to educational institutions or 12. Warranties EXCEPT AS PROVIDED HEREIN, THERE ARE NO OTHER libraries seeking reimbursement under the Federal Universal Service Fund. Customer shall apply annually to the Schools and Libraries Division, " SLD" for E- AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, Rate funding and Customer shall designate Cox as its provider of Services. Customer shall also provide Cox with all documentation that is in response to all INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR queries, inquires and requests as part of the Program Integrity Assurance ( PIA) PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST process within three ( 3) EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THE SERVICES, business days of receipt and /or delivery thereof. EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR WITHOUT INTERRUPTION. Customer also acknowledges that increases and decreases in funding for COX MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR Services may occur from the SLD. If Customer is denied SLD funding for any reason,