2010 020 Ordinance - Laserfiche WebLink

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charged sales tax. Subscriber will pay or, If paid by OneCommunity, reitnburse OneCommunity, for all taxes based on this Agreement or fees payabls 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. Servfce bisruption or Suspension 5.1. Neiwork Disruptfon. If the Interconnection ot' Subscriber equipment results In any observable service disruption (including, without limitatian, a measurable reductfon of service levels, equipmertt or network maifunctions or failures, or excessive event aiarms) and the disruption is caused by or arises from the Subscriber equipment or acts or omissions of the Subscriber, then the followfng 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 rnay be mutualfy agreeci to by OneCommunity and Subscriber) to eiiminate the source of the disruption. If Subscriber is unable to eliminate the soarce oF disruption w[thin the required time period, then OneCommunity rnay apply any operating procedures then in effect by OneCommunity to eliminate disruptions of similar nature and Subscriber will (a) cooperate with such efforts, artd (b) be responsibie for all reasonable out-of-pocket expenses as communicated to Subscriber In a timely manner by OneCommunfty, 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 fmmediate action to eliminate such Service Threatening Disruption. OneCommunity shall notify Subscriber immediatety after action is taken, and upon notice, OneCommunity is entitled to immediate access to Subscriber's premises. Subscriber will provfde any asslstance reasonably requested by OneCommunity. In taking such action, OneCommunity wifl use its reasonable best effores to minimize any disruption to Subscriber's operations and will use its reasonable best efforts to restore service to Subscriber prornptly. Subscriber will be responsible for all reasonable out-of-pocket expenses actua[ly incurred by OneCommunity to resolve any Service Threatening Disruption. 5.2. Suspension of 5ervice. OneCommunity may temporarily suspend Subscriber's connection or re[ated communication services, if, and so fong as is necessary, (a) to pravent network d9sruptions or interference, violations of Acceptable Use Policy, or fraudulent or illegai activity, whether or not knowingly caused or permitted by Subscriber, (b) with notlce and deflned cure period to perform necessary maintenance or service, whether 8y OneCommunity or any other entity maintaining any portion of the Mayfield Village or OneCommunity 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 faifure to respond to security breaches or intrusions, whether or not directiy relating to Subscrlber's connection, or retated communication services. immediately after becoming aware that a planned disruption or suspension of service will occur, oneCammunity will notlfy subscriber. In the event of circumstances relating to fraudulent or illegal activity, violations of Acceptable Use Policy, or security breaches or intrusions, OneComrnunlty shall make all good faith efforts to cooperate with Subscriber to avoid or minimize the ievel of disruptions or suspensions of service. 5.3. Service Credit, In the event of a Network Outage or dlsruption that is caused in who[e or In part by the negligence or wiffful misconduct of Subscriber, Subscrfber shall not be entitled to receive a credit. In alt other cases, excepting maintenance or upgrade services scheduled with Subscriber and those pursuant to Section 9"Force Majeure;' Subscriber is entitled to rece[ve a credlt 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 accordingfy. Credits are avai[able on a per-outage basis, subject to a maxfmum credit of 50% of any recurring easic Servlce Fees paid to OneComrnunity (prorated on a monthly basis) In any given caEendar month. These service credits are the sole remedy available to Subscriber for service disruption or suspension of any kind whatsoever. , (a) Service Credit Schedu[e. fnstance of Network Outage Credlt Against the Appropriate Month's Servlce Charae ? Less than I hour 0% O!'1eC01"1"1t"T1UI"1{ty Fage 4 af 9 ReviSfon 541412.2