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25D - AGMT DATA VIDEO COM SVCS
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25D - AGMT DATA VIDEO COM SVCS
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Last modified
1/11/2018 7:11:05 PM
Creation date
1/11/2018 6:27:51 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Information Technology
Item #
25D
Date
1/16/2018
Destruction Year
2023
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Attachment C <br />Business Internet Access and Fiber Internet Access <br />(collectively, "Data Services") <br />1. Internet Access Services. These terms shall apply, in addition to the Commercial Terms of Service and the respective Service <br />Order (if applicable) (collectively, the 'Service Agreement"), if Customer elects to receive one or more of the Services described <br />herein (for purposes of this Attachment, the "Data Servlceal. Continued use or receipt of the Data Services is subject to this <br />ServiceAgreement. Spectrum's provision or any Data Service is subject to availability. <br />Spectrum's Data Services are comprised of the following: <br />a. Business Internet Access ("BIA Service"): BIA Service Is Internet access service Implemented using a hybrid fiber/coax <br />("HFC") access network. The Customer interface to a able modem is via Ethernet connection. BIA Service enables a variety <br />of asymmetrical upstream and downstream rates. If Customer selects to receive the BIA Service, 'Spectrum shall provide <br />connectivity from the Customer site(s) to the Customer's data network. <br />b. Fiber Internet Access ("FIA Service"): If Customer elects to receive the FIA Service, Spectrum shall provide Customer with <br />a dedicated, scalable connection over a packet -based Infrastructure with Internet service provider ("ISP") peering between <br />Customer's data networkidentified on a Service Order and Spectrum's facilities. <br />2. Customer Use. Customer's use of the Data Services is subject to the following additional terms and conditions: <br />a. Responsibility: Customer shall (i) maintain certain minimum equipment .and software to receive. the Data Service (see <br />www.business.spectrum.com (or the applicable successor URL) for the current specifications); (ii) ensure that any person who <br />has access to the Data Services through Customer's computer(s), Service Location, facilities or account shall comply with the <br />terms of this Service Agreement, (iii) be .responsible for all charges Incurred and all conduct, whether authorized or <br />unauthorized, caused by use of Customer's computers, service locations, facilities or account using the Data Services. <br />b. Data Service Speeds: Spectrum shall use commercially reasonable efforts to achieve the Internet speed attributable to the <br />Data Services selected by Customer on the Service Order, however, actual Internet speeds may vary. Many factors affect <br />speed including, without limitation, the number of workstations using a single connection. Each ber or level of Data Services <br />has limits on the maximum throughput rate at which Customer may send and receive data at any time and the maximum <br />throughput rate may be achieved in bursts, but generally shall not be sustained on a consistent basis. The throughput rate <br />experienced by Customer at any time shall vary based on numerous factors. Including without limitation, the condition of <br />Customer's inside wiring. Computer configurations, Internet and Spectrum network congestion, time of day and the accessed <br />website servers, among other factors. <br />c. Electronic Addresses: All e-mail addresses, e-mail account names, and IP addresses ("Electronic Addresses") provided by <br />Spectrum are the property of Spectrum. Customer may not alter, modify, sell, lease, assign, encumber or otherwise tamper <br />with the Electronic Addresses. <br />d. Changes of Address: Spectrum may change addressing schemes, Including e-mail and IP addresses. <br />e. No Liability for Risks of Internet Use: The Service, Spectrum's network and the Internet are not secure, and others may <br />access or monitor traffic. <br />f. No Liability for Purchases: Customer shall be solely liable and responsible for all fees or charges for online services, <br />products or information. Spectrum shall have no responsibility to resolve disputes with other vendors. <br />g. Blocking and Filtering: Customer assumes all responsibility for providing and configuring any "firewall" or security measures <br />for use with the Data Service. Except to the extent set forth in the Supplemental Spectrum Business Security Service Section, <br />Spectrum shall not be responsible in any manner for the effectiveness of these blocking and filtering technologies. Spectrum <br />does not warrant that others will be unable to gain access to Customer's computer(s) and/or data even If Customer utilizes <br />blocking and filtering technologies, nor does Spectrum warrant that the data or files will be free from computer viruses or other <br />harmful components. Spectrum has no responsibility and assumes no liability for such acts or occurrences. <br />h. Acceptable Use Policy: Customer shall comply with the terms of Spectrums Acceptable Use Policy ('AUP') found at <br />www.charter.wm (or the applicable. successor URL) and that policy is incorporated by reference into this Service Agreement. <br />Customer represents and warrants that Customer has read the AUP and shall be bound by its terms as they may be <br />amended, revised, replaced, supplemented or otherwise changed from time -to -time by Spectrum with or without notice to <br />Customer. Spectrum may suspend Service Immediately for any violation of the Spectrum AUP. <br />Commercial Bulk Services Agreement v.161213 CONFIDENTIAL Page 18 of 31 <br />®2016 Charter Communications. All Rights Reserved. <br />Lynne P. Belt <br />E -signed 2017-12-0711:02PM PST <br />lynne.bell@charter.com <br />Document Integrity Verified Adobe Agn Tran.,U.n Number. <br />25D-22 <br />
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