2010 019 Ordinance - Laserfiche WebLink

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(fl Subscriber is solely responsible for determining its rules and procedures relating to access and appropriate use of the OneCommunity Networfc connection. (g) Subscriber is solely responsible for operation and maintenance of its network and its equipment on the Subscriber side of the Demarcation Point subject to the Fiber Facilities Construction and Provision of Services Agreernent. OneCommunity ls not responsible for maintatning the security of Subscriber's LAN or for implementing any security protocols or procedures. (h) Subscriber will provide a secure locatlon for the Demarcation Point and not permit unauthorized access. Subscriber will not adjust, repair or tamper with the Equlpmertt or the OneCorrtmunity Network. from time to time, subscriber wtll allow oneCommunity access upon reasonable notice in accordance with lnstitutional security policies and during normal buslness hours to Subscriber's premises as needed to upgrade the OneCommunSty Equipment, if any, due to changes in engineering or networking protocols or for other good cause. (i) Additional Subscriber rfghts and responsibilities may be identified in any Addenda to this Service Agreement. 2.3. 7'hird Partv. (a) No person or entity not a party to this Agreement has or is Intended ta have any rights under thts Agreement. 3. Unauthorized AcceSs to Facilities or Use of Connections 3.1. ttnauthorized Access. Mayfield Village Is not responsible for unauthorized access to Subscriber's transmission facilities or Subscriber's premfse equipment by any individual or entity, or for unauthorized access to, or alteration, theft, or destructton of Subscriber's data files, programs or other information through accident, wrongful means or any other cause unfess such access and resultant alteration, theft, or destruction is caused solefy from the negfigence or wilifut misconduct of Mayfield Viffage or OneGommunity, its employees, or its agents. 3.2. Use of Cannections. Neither party is entitled to use the connections owned or controlled by the other party to transport any data without the prior consent of the owning parfy. 4. fees, Expenses and Payment 4.1. Fees. Subject to the provisions of this Agreement, Subscriber wiif pay OneCommunity the fees and other amounts set forth in Addendum B, in accordance with the provisions of this Section 4 or such other applicable provisions as may be set forth in the Master Services Agreement. 4.2. Exaenses. Except to the extent that expenses and costs are identified in an appticable Addendum and expressly required to be paid by Sabscriber under that Addendum, the fees set forth in that Addendum will be deemed to be inclusive of all.actual net expenses and costs and Subscriber wlEl not be required to pay any amounts in excess of those fees. 4.3. Invoicing and Pavment. OneCommunity will Invoice Subscriber in accordance with the schedule set forth in attached Addenda. Unless otherwise provided in the applicable Service Agreement, Customer will pay each invoice within thirty (30) days after its receipt by Subscriber. All payments hereunder witl be in U.S. dollars by electronic wire transFer to the bank account designated by OneCommuniry from time to time or by company check. Amounts not paid when due will bear a finance charge at a rate equal to the lesser of one and one half percent (1 1/2%) per month or the highest rate permitted by law, calculated from the first day a payment is past due. If OneCommunity at any time has reasonable concern about security or timeliness of payments, it may suspend the Services and/or the rights granted hereunder until receipt of payment or establishment of a letter of credit or other arrangement securing payment. !f any amount is not paid when due hereunder, oneCommunlty will be entitled to recover from Subscriber the costs and expenses incurred in connection with coffecting the same (including without fimitation costs of investigation and attorneys fees). :Y? 111 on?ramt'?r-??.?rti t?f Page 3 of 9 Revision 541412.2