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

Cox may then elect to decrease the level of Services provided to DOWNSTREAM SPEEDS OF THE NETWORK. Customer. If full E -Rate funding is not received within 6 months of application 13. Indemnity Customer shall indemnify and hold Cox and its respective affiliates, date, or by the opening of the application window for the following funding year, subcontractors, employees or agents harmless ( including payment of reasonable then Cox may terminate the Agreement without further liability to either party. attorneys fees) Additionally, if full E -Rate funding is not received and Cox elects to terminate the from and against any claim, actions or demands relating to or Services during the Term, then Customer may be subject to termination arising out of Customer's use of the Service including without limitation: ( 1) any liabilities. content or software displayed, distributed or otherwise disseminated by the Customer, its employees, or users of the Services, ( ii) any claim that Customer' s 20. VoiceManager Service In addition to these terms and conditions, if content or registration and maintenance of Customer's selected domain name( s), Customer purchases VoiceManager under this Agreement, the terms and infringes on the patent, copyright, trademark or other intellectual property right of conditions located at http• // www. c-o-xbusiness- com/ products/-voice/ voicemanao,er any third party; ( iii) any act in violation of any laws committed by Customer, its and set forth in Sections A. 2, A. 3, and A.4 of this Agreement shall apply to employees or users using the Services; and /or ( Iv) violation by Customer, its VoiceManager. The VoiceManager web site contains descriptions and charges for employees or authorized users of the Cox AUP. a network interface fee and ancillary services such as directory assistance, 411 charges, directory listing and operator services. Prices and rates for the network 14. Viruses, Content, Customer Information Software or content obtained from interface fee and ancillary services are subject to change from time to time the use of Service may contain viruses or other harmful features and Customer is during the term of this Agreement. The VoiceManager web site is incorporated solely responsible for protecting its network, equipment, and software through the Into this Agreement as if fully set forth herein. use of firewalls, anti -virus, and other security devices. Through the use of the Service, Customer may obtain or discover content that is offensive or illegal and 21. Demarcation The demarcation point for 1) Cox' s telephone service, is the Customer assumes the risk and is solely responsible for its access to such content. punch -down box installed by Cox at Customer's location; and 2) Cox' s internet Cox may disclose Customer information to law enforcement or to any Cox affiliate. service, is the Ethernet port of the internet connection provided to Customer by Cox may delete any Internet traffic or e- mail that contains a virus. If Customer Cox. operates a wireless local access network in connection with the Services, Customer Unless otherwise agreed by the parties, Customer is responsible for wiring', cabling, equipment and access beyond the applicable demarcation points. is solely responsible for the security of its network. Use of the Service is subject to Cox' s privacy policy posted at htto: / /www. cox. com /policy/ # Online Privacy Policy.  i C 0. Y? Commercial Services Agreement 9/ 28 / 2010 Business` Cox Account Rep: I Matt King Cox System Addr Phone Number: 850- 393 -4867 3405 McLemore Dr Fax Number: 877 -873 -7599 Pensacola, FL 3254 umt rrvCe Total Fee Inter -State Service. By initialing here and signing below, Customer represents that at least 10% of the traffic on the designated No circuits) is Inter -State in nature or Is Intemet traffic. Jill Renewing two COI, the 7. 0 staying same speed ( City Hall), and 8. 0 dropping to 7.0 ( Police Dept) V 101 ' 111111111 , 11, 11,11 lllilmlli'milin 111111111 11,1111M By signing below, you represent you are the authorized Customer representative and the information above Is true and correct. This Agreement binds Customer to the terms and conditions federal attached regulations, to this and the CoxAgreement Acceptableand Use any other Policy ( theterms AUPand ). conditions applicable to the services selected above, including without limitation, the Cox tariffs, state and This Agreement is subject to credit approval and Customer authorizes Cox to check credit using Customer's Tax ID, Customer' s Soda[ Security Number, or other Customer Information. If Cox deems Customer not creditworthy, Cox may terminate this Agreement without liability or require a deposit from Customer. Prices above do not include applicable taxes, fees, assessments or surcharges which are additional. This proposal Is valid provided Custome signs and delivers this Agreement to Cox unchanged within thirty days from the date above. Otherwise, Cox may withdraw this proposal at any time. If, within thirty days afte Customers signature below, Cox determines that Customer's location Is not serviceable under Cox's normal installation guidelines, Cox may terminate this Agreement withou liability. If Customer terminates any Service that Is part of a bundle offering, the remaining Services shall be subject to price increases for the remaining Service term. Both parties agreepriorthatto installation, Agreement each party Customer may use electronic signatures shall be liable for Cox'tos reasonable sign this Agreement. construction Ifcosts Cox indoes construction addition to provide to any other Service termination to Customer and Customer cancels this charges Customer Authorized Signature Cox Communications Gulf Coast, LLC; Cox Florida Telcom, LP Print Print Title Title Date Date  A. Terms and Conditions of Regulated Service Upon notice to Customer, Cox may change Video Service prices periodically 1. Tariffs Regulated Services are provided pursuant to the regulations of the during the Term of this Agreement. If applicable to the Service, Customer FCC and the regulatory body of the state where the Cox office providing shall pay sales, use, gross receipts, excise, access, universal service fund; assessments, 911 fees, franchise fees, bypass or other local, these services is located ( which regulations are subject to change), and the state and :1 rates, terms, and conditions contained in tariffs on file with state and federal Federal taxes or charges imposed on the use of the Services. Taxes will be l regulatory authorities. Cox may amend such tariffs and regulated Service separately stated on the Customer' s invoice. No interest will be paid on I shall be subject to such tariffs, as amended. Customer must disclose to Cox if deposits unless required by law. Customer intends to use the Services with payphone service. After the initial term, this Agreement shall automatically renew for one ( 1) year terms at the