2010 019 Ordinance - Laserfiche WebLink

Home Browse Search

4.4. Taxes. Unless otherwise set forth in an applicable Service Agreement, fees do not include sales, use, value added or other excise tax. Subscribers who provide a valid State af Ohio sales tax exemption certificate shafl not ba charged sales tax. Subscriber will pay or, if paid by OneCommunity, reimburse OneCommunity, for all taxes based on this Agreement or fees payable hereunder (but not any taxes based upon OneCommunity's gross revenues or net income), together with any interest on such taxes if not due to OneCommunity's delay. 5. Service Disruptlon or Suspension 5.1. Network oisruption. If the interconnection of Subscriber equipment resu[ts in any observable service disruption (inciuding, without Iimitation, 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 Subscrlber, then the following appfy: (a) if the dlsruption ls not a Service Threatening Disruption, then OneCommunity will notify Subscriber promptly of such disruption and Subscriber w111 have seventy-two (72) hours (or such longer period as may be mutually agreed to by OneCommunfty and Subscrlber) to efiminate the source of the disruption. If Subsctiber is unable to efimtnate the source of disruption within the required time period, then OneCommunity may appiy 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 a!l reasonable out-of-pocket expenses as comrnunicated to Subscriber in a timely mattner by OneCommunfty, caused by Subscriber's negiigence or wil(fuf misconduct and actua(ly incurred by OneCommunity In eliminating the disruption. (b) If the disruptlon is a Service 7hreatening 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 immediate{y after action is taken, and upon notice, OneCommunlty is entitled to immediate access to Subscriber's premises. Subscriber wiil provide any assistance reasonably requested by OneCommunity. In taking such action, OneCommunity w311 use its reasonable best efforts to m)nimize any disruption to Subscriber's operations and will use its reasonable besi efforts to restore service to Subscriber promatly. Subscriber wi(I be responsible for aIl reasonable out-of-pocket expenses actually incurred by OneCommunity to resolve any Service Threatening Disruption. 5.2. Suspension of Servi'ce. OneCommunity may temporarlly suspend Subscriber's connection or related cornmunication services, if, and so long as is necessary, (a) to prevent network disruptions or interference, violations of Acceptable Use Policy, or fraudulent or ilfegal activity, whether or not knowingly caused or permitted by Subscriber, (b) with notice and defined ctare period to perform necessary maintenance or service, whether by OneCommunity or any other entity maintaining any portion of the Mayfield Village or OneComrr?unity Network or related communication services, or (c) with notEce and defined care period for other reasonable reasons, including non-compllance with any Addendum to this Agreement or a failure to respond to security breaches or intruslons, whether or not directfy relating to Subscriber's connection, or related communfcation services. Imrrtediately after becoming aware that a planned cEfsruption or suspension of service will occur, OneCommunity wi[I notify Subscriber. In the event of circumstances relating to fraudulent or iilegal activity, violations of Acceptable Use Policy, or security breaches or intrusions, OneCommanity shall rnake all good faith efforts to cooperate wlth 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 negfigence or wilfful misconduct of Subscriber, Subscriber shall not be entitled to receive a credit. In alf other cases, excepting rrtaintenance or upgrade services schedulecE with Subscriber and those pursuant to Section 9"Force Majeure," Subscriber is entitRed to receive a credSt against the amount invoiced for Services provided during the month in which the iVetwork 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 8asic Service Fees paid to OneCommunity (prorated on a monthfy basis) In any given calendar month. 7hese service credits are the sole remedy available to Subscriber for service disruption or su'spension of any kind whatsoever. Olle{ :(')i-tli-t"11,It'ii'iy Page 4 of 9 Revision 541412.2