Laserfiche WebLink
SUBSCRIBER SERVlCE AGREEMENT <br />This Service Agreement ("Agreement"), effectirre , 2010, for computer network communication services is entered <br />into by and between Mayfield Village, Ohlo and MAYFRAN INTERNATIOMAI., INCORPORATED ("Subscriber")." For good and <br />valuable consideration, the receipt and sufriciency of which fs hereby ac[cnowtedged, Mayfield Village and Subscrlber agree as <br />follows: <br />1. Definitions. As used fn this Agreernent, the followfng capitalized terms have the meanings given to them below: <br />1,1. "Acceptable Jse Pollmeans the policies of each Internet provider for the use of the internet and other connected <br />networks. Mayfield Village will post these policies at http://www.OneCommunity.org, and may update these from <br />time to time. Subscriber wilf ensure that Subscriber's use of each connected network adheres to the Acceptable Use <br />Policy for that network. <br />1.2. "Addendum or Addenda" means any and ail addenda executed by both parties attached to, and made a part of, this <br />Agreement which sets out terms and conditions pursuant to which Services wili be purchased by Subscriber from <br />Mayfield Viilage. <br />1.3. "Demarcation Point" means the connection point on the Subscriber's premises where the Subscriber's network is <br />connected to the Mayfield Vilfage Network. . <br />1.4. "Effective Date" means the date upon which servlces are initiated. <br />1.5. "EgufpmenY" means the Mayfietd Vilfage or OneCommunity equiprrtent instalied on the Subscriber's site as updated <br />from ttme to time which (s required for an operational connection to the Mayfleld Viilage Network. <br />1.6. "Fiscal Year" means a one-year period of tirne begtnning on the start ofJanuary 15` and extending through the end of <br />that same calendar year untit December 31n. <br />1,7. "Force Maieure" means a condition beyond the reasonable control of a party that delays or prevents performance of <br />the Agreement. Force Maieure includas, without limftation: flre, flood, lightening, explosion, war, act of terrorism, <br />strike, riots, embargo, labor dispute, government requirement, civlE or mi[itary authority, act of God or nature, acts <br />or faifure to act of any governmental authority. <br />I.S. "Network Outage" means an unplanned period of time during which (i) Subscriber is unable to connect to all other <br />desttnations from Subscriber's locatton at the guaranteed minimum bandwidth as defitted in Addendum B, due to a <br />problem or failure of the Mayfield Village or OneCommunlty Network, and (ii) Subscrlber's sustained packet loss on <br />the Mayfleld Vlllage or OneCommunity Network is greater than seven percent (79'o). <br />1.9. "Mavfieid Village or OneCommunitv Network" means all equfpment and tonnections cantrolled and operated by <br />Mayfield Village or OneCommunity. The Mayfield Village or OneCommunity Network includes the OneCommunity- <br />supplied optron[cs and efectronics to the Subscriber and the Subscriber connectlon between the Subscriber site and <br />the Mayfield Viilage or OneCommunity Network up to the relevant Demarcation Point or to any OneComrnunity <br />equiprnent that may be beyond the Demarcation Point. <br />1.10. "Service Threatening Disruption" means loss of redundancy or any degradafion of service on the Mayfield Vilfage or <br />OneCommunity Network ar any OneCommunity equipment that (a) is caused in whole or in part by Subscriber or by <br />the interconnectlon of Subscriber's network or equipment with any OneCommunlty equipment or the <br />OneCornmunlty Network, and (b) in the sole discretion of OneCommunity poses an imrnediate threat to the <br />continued operation of any affected OneCommunity equipment or any other component part of the Mayfiefd Vilfage <br />or OneCommunity Networlc. <br />1.11. "Services" means services provided under the Master Servlces Agreement and additional Service Agreements as <br />executed or amended from time to time. <br />0 <br />onecomrnunifiy <br />Page 1 of 9 Revislon 541412.2