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

2. Service and installs *_ ton Cox shall provide Customer with the " Services" and " Equipment" identified on the first page of this Agreement. Customer is same rates, terms and conditions unless a party gives the other written responsible for damage to any Equipment. Customer may use the Services termination notice at least thirty ( 30) days prior to the expiration of the then existing term. The tariffs contain Service cancellation or termination charges for any lawful purpose, provided that such purpose ( a) does not interfere or due to cancellation or termination of Service prior to the term selected on the impair the Cox network or Equipment and ( b) complies with the applicable Acceptable Use Policies ( " AUP ") first page of this Agreement. Termination charges include, but are not which are incorporated herein by reference. limited to, nonrecurring charges, charges paid to third parties on behalf of Customer Services. shall use the Equipment only for the purpose of receiving the the Customer, and the monthly recurring charges for the balance of the term. Unless provided otherwise herein, Cox shall use reasonable efforts to maintain the Services in accordance with applicable performance standards. 2. Telephone Numbers Cox will be the carrier of record for the Customer's For cable modem Internet Services, bandwidth speeds may vary assigned telephone numbers, and numbers that are ported to Cox from and Customer may not always receive or obtain optimal bandwidth speeds. another carrier. These numbers, while not the property of the Customer, are Cox network management needs may require Cox to modify upstream and downstream speeds. reserved for their sole usage during the time service is active with Cox, and Use of the data, Internet, web conferencing / web can be retained for the Customer's use if ported to another carrier at the hosting Services shall be subject to the AUP at termination or expiration of this Agreement. All number assignments and www. coxbusiness. com /acceptable sepolicy Web hosting customers may use shall be subject to the rules and regulations of the North American view the AUP by clicking on the Control panel. Upon notice to Customer, the Numbering Plan Administrator. Any telephone number designated by Cox in AUP may be amended from time to time during the Term of this Agreement. advance of the activation of Cox telephone service is subject to change by Customer's continued use of the Services following an AUP amendment shall Cox. constitute acceptance. Additional terms and conditions regarding telephone numbers are contained in Cox tariff(s). Certain 10 digit dialed Intrai.ata calls are billed per minute long distance charges. 3. Service Start Date and Term This Agreement shall be effective upon execution by the parties. Services shall be provided for the applicable term 3. State -to -State and international Services If Customer subscribes to set forth on the first page of this Agreement and such term of Service shall or uses switched access state -to -state and /or International begin upon installation of Service; provided that if Customer delays telecommunications Services from. Cox, such Services shall be provided installation or is not ready to receive Services, Cox may begin billing for pursuant to the terms and conditions contained in Cox Customer Service Services on the date Services would have been installed. Cox shall use Agreement which may be found at reasonable efforts to make the Services available by the requested service date. www. cox, com/ telephone/-customerservicesagreement. asp and the terms and Cox shall not be liable for damages resulting from delays in meeting conditions at www. coxbusiness. com/ products /voice /basicpricing /index. htmi. service dates due to construction delays or reasons beyond its control. 4. 4. PBX Usage. Egulament. and E911 Services Customer is responsible Customer Responsibilities Customer is responsible for all internal for ensuring that the Customer Premises Equipment ( CPE) such as a Private wiring, etc.), Customer equipment ( e. g. Customer phones, handsets, keystones, Branch Exchange ( PBX), provisioned on the Company' s network is protected installation of hardware and software on Customer equipment, and from fraudulent or unauthorized access. The Customer is responsible for arranging all necessary rights of access for Cox including space for cables, conduits, payment of all charges on their monthly billing statement, including any and equipment as necessary for Cox -authorized personnel to charges resulting from fraudulent or unauthorized access to any CPE. If install, repair, inspect, maintain, replace, or remove any and all facilities and Customer uses a PBX in connection with the Services, Customer is Equipment provided by Cox. Customer shall provide a secured space with responsible for programming the PBX to ensure that agencies receiving E911 electrical power, climate control and protection against fire, vandalism, and emergency calls through the PBX will receive appropriate information about other casualty for Equipment. Customer shall use the Services in compliance the location of the caller. For certain telephone Services, an embedded with all applicable laws and ordinances, as well as applicable leases and other multimedia terminal adapter ( eMTA), an integrated access device ( IAD), or contractual agreements between Customer and third parties. If Customer an analog terminal adaptor ( ATA) will be provided and installed by Cox at no engages in a public performance of any copyrighted material contained in any charge to Customer. Only the eMTA and ATA will have battery backup of the Services, the Customer, and not Cox, shall be responsible for obtaining provided by Cox. Customer is responsible for battery backup for the any public performing licenses. Customer is responsible for ensuring that IAD. In the event of a power outage, your telephone Service using Customer' s equipment is compatible for the Services selected and with the Cox network. an eMTA or ATA will continue to operate as usual for up to eight hours with the backup battery provided by Cox. The duration of 5. Eguioment Unless otherwise provided herein, Customer agrees that Cox Service during a power outage using an IAD will depend on Customer's battery backup choice. If the eMTA, ATA, or IAD that shall retain all rights, title and interest to facilities and equipment installed by supplies your telephone Service Is disconnected or removed and /or Cox, and Customer shall not create or permit to be created any liens or encumbrances on such equipment. Internal Wiring shall not be considered the battery is not charged, Service, including access to E911, will not equipment and shall become the property of Customer upon initiation of be available. Cox uses your telephone Service address to identify Service. Cox shall install equipment necessary to furnish the video Services your location for E911 Service. To ensure that E911 dispatch receives to Customer. your correct address, the eMTA, ATA and /or IAD installed in your Cox without Customer shall not modify or relocate equipment installed by Cox' prior written consent. Customer shall not permit business should not be moved. Please notify Cox if you would like to move or relocate your telephone Service. tampering, altering, or repair of the Equipment by any person other than