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

It can take up to 2 Cox' s authorized personnel. Customer shall, at the expiration or termination business days for your new address to be updated. of this Agreement, return the Cox equipment in good condition, ordinary wear and tear accepted. In the event the Equipment is not returned to Cox 5. PIN Access. The FCC requires business customers to set up and use a in good condition, Customer shall be responsible for the value of such Private Identification Number ( PIN) when communicating with Cox to obtain equipment. certain information about, or to make certain changes to, their telephone Cox shall repair any equipment owned by Cox at no charge to account. Use of this PIN may be waived when communicating with an Customer provided that damage is not due to the negligence of Customer. If additional equipment, account representative dedicated to Customer's account. Telephone Service including but not limited to, televisions, monitors, is subject to the Cox privacy policy posted at computers, circuits, software, or other devices, are required by Customer to httl2: / /www. cox. com /policy / #Online Privacy Policy, use the Services, Customer shall be responsible for such equipment. 6. Letter of Agency. The Letter of Agency executed in connection with this 6. Resale of Service Unless authorized in writing by Cox, Customer may not Agreement shall be valid during the term of this Agreement for all telephone resell any portion of the Service to any other party; provided, however, lines purchased hereunder. Customer may purchase additional telephone Customer may, with Cox' s prior written consent, resell web hosting for third lines under this Agreement for the above location( s) or additional location( s), parties through the Services. Customer shall be responsible for any software but at pricing quoted to Customer by Cox at the time Customer orders such and content displayed and distributed by Customer or Customer's web additional telephone lines. hosting customers, if any. B. Unregulated Services and Service not subiect to tariffs_ 7, Default If Customer fails to comply with any material provision of this 1. Payment Customer shall pay for all monthly service charges, plus one- Agreement or any other agreement with Cox, including, but not limited to time set -up, installation and /or construction charges. Unless stated otherwise failure to make payment as specified either in this Agreement or any other herein, monthly charges for Services shall begin upon installation of Service, Agreement with Cox, then Cox, may pursue one or more of the following and installation charges, if any, shall be due upon completion of installation. courses of action upon notice to Customer as required by tariff or applicable law: ( Any amount not received by the due date shown on the applicable bill will be t) terminate service whereupon all sums then due and payable shall become immediately due and payable, ( it) suspend all or any part of subject to interest or a late charge at the maximum rate allowed by law. Page 2of3  Services, and /or ( iii) pursue any other remedies, including reasonable attorneys' fees, as may be provided at law or in equity, including the of any term or condition of this Agreement shall not affect the validity or enforceability of any other provision. applicable termination liabilities. Except as provided herein, this Agreement may be modified, waived, or amended only by a written 8• IP Address/ Domain Name Reallstration Cox allocates IP addresses to instrument signed by the parties. The rights and obligations of the parties ! Customer according to InterNIC guidelines. All IP addresses assigned by Cox under this Agreement shall be governed by the laws of the state where must be relinquished by Customer upon the expiration or termination of this Agreement. Services are installed. The failure by either party to exercise one or more IP addresses are subject to the IP policy in the AUP. Domain rights provided in this Agreement shall not be deemed a waiver of the right to exercise such right in the future. name registrations are subject to rules promulgated by the domain name Notices required by this Agreement shall registrar, which may be amended from time to time and are presently posted at Register. com: be in writing and shall be delivered by hand delivery or express or certified http: / /www. regGster. com/ retail /policy /servicesagreement rcmx mail, return receipt requested, all postage prepaid, to the other party at the address on this Agreement. or Verisign: http:// www. netsol. com/ en US /legal /Static- service- 16. - agreement.jhtml. Customer is responsible for payment and maintenance of This Agreement and the domain name registration. obligations of the parties shall be subject to modification to comply with all applicable laws, regulations, court rulings, and administrative orders, as 9. Termination Customer may terminate video, data, VoiceManager, amended. In no event shall either party have any claim against the other for Internet, web hosting, unregulated telephone Services, and /or web failure of performance if such failure is caused by acts of God, natural conferencing Services before the end of the term selected by Customer on disasters including fire, flood., or winds, civil or military action, including riots, civil insurrections, acts of terrorists, the first page of this Agreement; provided, however, if Customer terminates or the taking of property by condemnation, such Service before the end of the term ( except for breach by Cox), or Cox terminates Services for Customer's breach of this Agreement or the AUP, Customer ifwillunpaid) be subject to termination liability equal to the nonrecurring 17. Web Hosting Servers Cox reserves the right to select the server for charges ( and 100% of the monthly recurring charges for the Customer's web site for best performance. The Customer understands that terminated Services multiplied by the number of full months remaining in the the Services provided by Cox may be provided on a shared server. This term commitment. This provision survives termination of the Agreement. means that one web site cannot be permitted to overwhelm the server with After the initial term, this Agreement shall automatically renew for one ( 1) heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. year terms at the same rates, terms and conditions unless a party gives the If the Customer's web site overwhelms the server and causes other written termination notice at least thirty ( 30) days prior to the complaints from other users, the Customer has outgrown the realm of shared services and will be required by Cox to relocate its web site. If the Customer expiration of the then existing term. If Cox is delivering Services via wireless network facilities and there is signal interference with such Service, Cox may refuses to comply with this Section, then Cox has the right to terminate terminate this Agreement if Cox cannot resolve the interference by using Services. Cox will use reasonable efforts to maintain a full time Internet presence for the Customer. commercially reasonable efforts. The Customer hereby acknowledges that the