2010 020 Ordinance - Laserfiche WebLink

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(g) Subscriber is solely responsible for operation and maintenance of its netwark and its equipment on the Subscriber side of the Demarcation Point subject to the Fiber Facilitles Construction and Provision of Services Agreement. OneCommunity is not responsible for maintaining the security of Subscribers LAN or for implementing any security protocoEs or procedures. (h) Subscriber will provide a secure location for the Demarcation Point aad not permit unauthorized access. Subscriber will not adjust, repalr or tamper with the Equipment or the OneCommunity Neiwork. From time to time, Subscriber wi[I allow OneCommunity access upon reasonable notice in accordance with institutiona[ security poltcies and during normal business hours to Subscriber's premises as needed to upgrade tha OneCommunity Equipment, if any, due"to changes in engineering or networking protocols or for other good caase. (i) Additionai Subscriber rights and responsibilities may be identified in any Addenda to this Service Agreement. 2.3. Third Partv. (a) No person or entity not a party to this Agreement has or is intended to have any rights under this Agreement. 3. Unauthorized Access to Facilities or Use of Connections 3.1. Unauthorized Access. Mayfiield Village is not responsible for unautharized access to Subscriber's transmission facifities or Subscriber's premise equipment by any indivldual or entity, or for unauthorized access to, or alteration, theft, or destructlon of Subscriber`s data files, programs or other information through accident, wrongfut means or any other cause unless such access and resu(tant alteration, theft, or destruction is caused solely from the negligence or willful misconduct of Mayfietd Viliage or OneCommunity, its employees, or its agents. 3.2. Use of Connections. Neither parcy is entitled to use the connections owned or control[ed by the other party to transport any data without the prior consent of the owning party. . 4. . Fees, Expenses and Payment 4.1. Fees. Subject to the provisians of this Agreement, Subscriber will pay OneCommunity the fees and other amounts set forth in Addendum B, in accordance with the provisions of this Section 4 or sach other applicable provisfons as may be set forth In the Master Services Agreement, 4.2. Expenses. Except to the extent that expenses and costs are identifled in an applicable Addendum and expressly required to be patd by Subscriber under that Addendum, the fees set forth In that Addendum wi11 be deerned to be inctusive of ail actual net expenses and costs and Subscriber will not be required to pay any amounts in excess of titose fees. 4.3. Invoicing and Pavment. OneCommunity will invoice Subscrfber in accordance with the schedule set forth in attached Adcfettda. Unless otherwise provided in the app{icable Servfce Agreement, Customer wifl pay each invoice within thirty (30) days after its receipt by Subscriber. All payments hereunder will be in U.S. dollars by electronlc wire transfer to the bank account designated by OneCommunity from time to time or by company check. Amounts not paid when due will bear a finance charge at a rate equa{ to the lesser of one and one half percent (11/2%) per month or the highest rate permitted by law, calculated from the first day a payrnent Is past due. If OneCammunity at any time has reasonable concern about security or timeiiness 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 arrangernent securing payment, !f any amount is not paid when due hereunder, OneCommunity wifl be entitled to recover from Subscriber tEie costs and expenses incurred in connection with collecting the same (including withaut fimitation costs of investigation and attorneys fees), 4.4. Taxes. Unless otherwlse set forth in an applicabfe Service Agreement, fees do not include sales, use, value added 9 \-) or other excise tax. Subscribers who provide a valid State of Ohio sales tax exemption certif[cate shali not be OY1eCOt"Tl1"1'lUl-ilty Page 3 of 9 Revi5lon 541412.2