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

the first page of this Agreement and such term of Service shall begin switched access state -to -state and /or International telecommunications Services upon installation of Service; provided that if Customer delays installation or is not ready to receive Services, Cox may begin billing for Services on the date from Cox, such Services shall be provided pursuant to the terms and conditions Services would have been installed. Cox shall use reasonable efforts to make contained in Cox Customer Service Agreement which may be found at the Services available by the requested service date. Cox shall not be liable for www. cox. com/ telephone/ customerservicesaqreement. asp and the terms and damages resulting from delays in meeting service dates due to construction conditions at www. coxbusiness. com /products /voice /basicpricing /index. html. delays or reasons beyond its control. 4. PBX Usage. Equipment, and E911 Services Customer is responsible for ensuring that the Customer Premises Equipment ( CPE) such as a Private Branch 4. Customer Responsibilities Customer is responsible for all internal wiring, Customer equipment ( e. g. Customer phones, handsets, keystones, etc.), Exchange ( PBX), provisioned on the Company' s network is protected from fraudulent or unauthorized access. The Customer is responsible for payment of all installation of hardware and software on Customer equipment, and arranging all necessary rights of access for Cox including space for cables, conduits, and charges on their monthly billing statement, including any charges resulting from equipment as necessary for Cox -authorized personnel to install, repair, inspect, fraudulent or unauthorized access to any CPE. If Customer uses a PBX in maintain, replace, or remove any and all facilities and Equipment provided by connection with the Services, Customer is responsible for programming the PBX to Cox. Customer shall provide a secured space with electrical power, climate ensure that agencies receiving E911 emergency calls through the PBX will receive control and protection against fire, vandalism, and other casualty for Equipment. appropriate information about the location of the caller. For certain telephone Services, an embedded multimedia terminal adapter ( eMTA), an integrated access Customer shall use the Services in compliance with all applicable laws and ordinances, device ( IAD), or an analog terminal adaptor (ATA) will be provided and installed by as well as applicable leases and other contractual agreements between Customer and third parties. If Customer engages in a public Cox at no charge to Customer. Only the eMTA and ATA will have battery performance of any copyrighted material contained in any of the Services, the backup provided by Cox. Customer is responsible for battery backup for the IAD. Customer, and not Cox, shall be responsible for obtaining any public performing In the event of a power outage, your telephone Service using an licenses. Customer is responsible for ensuring that Customer' s equipment is eMTA or ATA will continue to operate as usual for up to eight hours with compatible for the Services selected and with the Cox network. the backup battery provided by Cox. The duration of Service during a power outage using an IAD will depend on Customer' s battery backup 5. Eauipment Unless otherwise provided herein, Customer agrees that Cox shall choice. If the eMTA, ATA, or IAD that supplies your telephone Service Is disconnected or removed and /or the battery is not charged, Service, retain all rights, title and interest to facilities and equipment installed by Cox, and Customer shall not create or permit to be created any liens or encumbrances including access to E911, will not be available. Cox uses your telephone on such equipment. Internal Wiring shall not be considered equipment and shall Service address to identify your location for E911 Service. To ensure that become the property of Customer upon initiation of Service. Cox shall install E911 dispatch receives your correct address, the eMTA, ATA and / or IAD equipment necessary. to furnish the video Services to Customer. Customer shall installed in your business should not be moved. Please notify Cox if you not modify or relocate equipment installed by Cox without Cox' prior written would like to move or relocate your telephone Service. It can take up to 2 consent, Customer shall not permit tampering, altering, or repair of the business days for your new address to be updated. Equipment by any person other than Cox's authorized personnel. Customer shall, at the expiration or termination of this Agreement, return the Cox 5. PIN Access. The FCC requires business customers to set up and use a Private equipment in good condition, ordinary wear and tear accepted. In the event the Identification Number ( PIN) when communicating with Cox to obtain certain Equipment is not returned to Cox in good condition, Customer shall be information about, or to make certain changes to, their telephone account. Use of responsible for the value of such equipment. Cox shall repair any equipment this PIN may be waived when communicating with an account representative owned by Cox at no charge to Customer provided that damage is not due to the dedicated to Customer's account. Telephone Service is subject to the Cox privacy negligence of Customer. If additional equipment, including but not limited to, policy posted at http: / /www. cox. com /policv/ # Online Privacy Policy. televisions, monitors, computers, circuits, software, or other devices, are 6. Letter of Aoency. required by Customer to use the Services, Customer shall be responsible for The Letter of Agency executed in connection with this such equipment. Agreement shall be valid during the term of this Agreement for all telephone lines purchased hereunder. Customer may purchase additional telephone lines under this Agreement for the above location( s) or additional location( s), but at pricing 6. Resale of Service Unless authorized in writing by Cox, Customer may not resell any portion of the Service to any other party; provided, however, quoted to Customer by Cox at the time Customer orders such additional telephone lines. Customer may, with Cox' s prior written consent, resell web hosting for third parties through the Services. Customer shall be responsible for any software r • r TM and content displayed and distributed by Customer or Customer's web hosting customers, if any. 1. Payment Customer shall pay for all monthly service charges, plus one -time set- 7. Default If Customer fails to comply with any material provision of this up, installation and /or construction charges. Unless stated otherwise herein, Agreement or any other agreement with Cox, including, but not limited to failure monthly charges for Services shall begin upon installation of Service, and to make payment as specified either in this Agreement or any other Agreement