2011 004 Ordinance - Laserfiche WebLink

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5. Service Disruption or Suspension 5.1. Network Disruption. If the interconnection of Subscriber equipment results in any observable service disruption ,(including, without limitation, a measurable reduction of service levels, equipment or network malfunctions or failures, or excessive event alarms) and the disruption is caused by or arises from the Subscriber equipment or acts or omissions of the Subscriber, then the following apply: (a) If the disruption is not a Service Threatening Disruption, then OneCommunity will notify Subscriber promptly of such disruption and Subscriber will have seventy-two (72) hours (or such longer period as may be mutually agreed to by OneCommunity and Subscriber) to eliminate the source of the disruption. If Subscriber is unable to eliminate the source of disruption within the required time period, then OneCommunity may apply any operating procedures then in effect by OneCommunity to eliminate disruptions of similar nature and Subscriber will (a) cooperate with such efforts, and (b) be responsible for all reasonable., out-of-pocket expenses as communicated to Subscriber in a.timely manner by OneCommunity, caused by Subscriber's negligence or willful misconduct and actually incurred by OneCommunity in eliminating the disruption. (b) If the disruption is a Service Threatening Disruption, then OneCommunity may at any time, without prior notice to Subscriber, take immediate action to eliminate such Service Threatening Disruption. OneCommunity shall notify Subscriber immediately after action is taken, and upon notice, OneCommunity is entitled to .immediate access to Subscriber's premises. Subscriber will provide any assistance reasonably requested by OneCommunity. In taking such action, OneCommunity 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 OneCommunity to resolve any Service Threatening Disruption. 5.2. Suspension of .Service. OneCommuriity may temporarily suspend Subscriber's connection or related communication services, if, and so long as is necessary, (a) to prevent network disruptions or interference, violations of Acceptable Use Policy, or fraudulent or illegal activity, whether or not knowingly caused or permitted by Subscriber, (b) with notice and defined cure period to perform necessary maintenance or service, whether by OneCommunity or any other entity maintaining any portion of the Mayfield Village or OrieCommunity Network or related communication services, or (c) with notice and defined cure period for other reasonable reasons, including non-compliance with any Addendum 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, OneCommunity will notify Subscriber. In the event of circumstances relating to fraudulent or illegal activity, violations of Acceptable Use Policy, or security breaches or intrusions, .OneCommunity shall make all good faith efforts to cooperate with Subscriber to avoid or minimize the level of disruptions or suspensions of service. 5.3. 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, excepting maintenance or upgrade services scheduled with Subscriber and those pursuant to Section 9 "Force Majeure," Subscriber is entitled to receive a credit against the amount. invoiced for Services provided during the month in which the Network Outage occurred. OneCommunity 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 OneCommunity (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. (a) Service Credit Schedule. Instance of Network Outaee Credit Aeainst the Appropriate Month's Service Charee Less than 1 hour 0% 1 hour to 8 hours 5% 8 hours or more 10% onecomE-ar7ity Page 4 of 9 Revision 541412.2