2005 054 Ordinance - Laserfiche WebLink

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OneCleveland, caused by Subscribers negligence or willful misconduct and actually incurred by OneCleveland in eliminating the disruption. 6.1.2.If the disruption is a Service Threatening Disruption, then OneCleveland may at any time, without prior notice to Subscriber, take immediate action to eliminate such Service Threatening Disruption. OneCleveland will notify Subscriber immediately after action is taken, and upon notice, OneCleveland is entitled to immediate access to Subscriber's premises. Subscriber will provide any assistance reasonably requested by OneCleveland. In taking any such action OneCleveland will use its reasonable best efforts to minimize any disruption to Subscriber's operations and will use its reasonable best efforts to restore service to Subscriber promptly. Subscriber will be responsible for all reasonable out-of- pocket expenses actually incurred by OneCleveland to resolve any Service Threatening Disruption. 6.2. Suspension of Service. OneCleveland may temporarily suspend Subscriber's connection, or related communication services, if, and so long as necessary, (a) to prevent network disruptions or interference, violations of Acceptable Use Policy (See Addendum A), or fraudulent or illegal activity, whether or not lrnowingly caused or pernutted by Subscriber, (b) with notice to perform necessary maintenance or service, whether by OneCleveland or any other entity maintaining any portion of the OneCleveland Network, or related communication services, or (c) for other reasonable reasons, including non-compliance with any Addenduxn to this Agreement or a failure to respond to security breaches or intrusions, whether or not directly relating to Subscriber's connection, or related communication services. Immediately after becoming aware that a planned disruption or suspension of service will occur, OneCleveland will notify Subscriber In the event of circumstances relating to fraudulent or illegal activity, violations of Acceptable Use Policy, or security breaches or intrusions, OneCleveland shall make all good faith efforts to cooperate with Subscriber to avoid or minimize the level of disruptions or suspensions of service. 6.3. Service Credit. In the event of a Network Outage or disruption that is caused in whole or in part by the negligence or willful misconduct of Subscriber, Subscriber shall not be entitled to receive a credit. In all other cases, Subscriber is entitled to receive a credit against the amount invoiced for Services provided during the month in which the Network Outage occurred. OneCleveland will actively monitor these outages and automatically credit the Subscriber's account accordingly. Credits are available on a per-outage basis, subject to a maximum credit of 50% of any recurring Basic Service Fees paid to OneCleveland (prorated on a monthly basis) in any given calendar month. These service credits are the sole remedy available to Subscriber for service disruption or suspension of any kind whatsoever. Instance of Credit Against the Appropriate Month's Charge Network Outage for Services Less than 10 minutes 0% 10 minutes or more 3.33% 7. TERM. 7.1. The first year of this Agreement is from the Effective Date first set forth above to the end of December for the current Fiscal Year and all recurring fees will be pro-rated accordingly. The Term of this Agreement is five calendar years (sixty (60) months) beginning on the date upon which Basic Services are initiated for a period of. SSA20051021 Page 5 of 14