The URL can be used to link to this page

Home My WebLink About1999-247 AFN Agrmt - Project AAshland Fiber Network Certified Internet Service Provider Cooperative Agreement Cooperative Agreement between the City of Ashland, by and through its Department of Electdc Utilities, Ashland Fiber Network Division ("AFN"), and Intemet Service Provider ('IBP") named below for the certification of IBP for ¢I~IltN'rERNEr services on AFN's telecommunications system through its fiber optic network ("the network"). Customer Name: PROJECT A, INC. Billing Address: 340 A STREET t. CERTIFICATION PROGRAM. AFN will designate IBP as a certified intemet service provider on the network. A list of all certified interoet service providerswill be maintained byAFN and provided to the public upon request. Only certified intemet se~ce providers wifi be listed. 2. COOPERATIVE ADVERTISING. AFN will pay one-half of the cost of all eligible advertising of IBP, up to a ma~mum of $3,000 per year, t-[lured at the lowest net rates charged by the advediser to ISP. Eligible advertising is advertising that is devoted to promoting ISP's intemet service, AFN and the network; that is directed to Ashland residents and businesses and that meets AFN's advertising and co- branding guidelines. 3. AFN SERVICE LEVELS. 3.t. BANDWIDTH. AFN will strive to maintain a network availability of 100% at a average bandwidth of 1Mbps upstream and 3 to 5 Mbps downstream. 3.2. INSTALLATION. AFN will install coaxial cable from the network to the residence or business of ISP's customer and install the interior wiring within the residence or business to the location specified by the customer for the cable modem connection. 4. CERTIFICATION REQUIREMENT8 FOR ISP. IBP agrees to comply with the following requirements and procedures in order to utilize the network as an cortif~.~d intemet service provider. 4.1. REQUIRED MOOEMS. ISP shall use only those cable modems which meet AFN's cable modem specifications for use on the network. ISP shall be Telephone: cu~omer's ms~enco or busine~ for ~nnechon to the ne~o~ b inaalled, whiche~r date b later. 4.3. ~TE PUBLmATION. IBP shell publ~h Es rates for intemet ~nnem~n in a manner that allo~ a~urete ~mpa~ns for like se~s from d~erent intemet se~ pm~em. IBP shall no~ AFN of ~s rotes and pm~e 30- day p~r no~ of any change in such rates. 4.4. CO~NG. All publ~ and ed~bing by ISP for intemet a~ utilEing the ne~o~ shall indicate the integral mla~nship be~een IBP and ~N and ~mply w~h the mquimmen~ of AFN's ~bmnding gu~elines. 4.5 ACCE~ABLE USE POUCY. IBP shall ~mply wEh AFN's ack,able use poll,s. These pol~ies applyto IBP and to any other ~mon, o~an~ation or en~y using ISP's se~s. The a~ble use pol~ies am subje~ to change at anytime by~N a~ing in ff~ sole dbcmt~n, and all such changes shall be binding upon IBP u~n ~en notre to Cu~omer by AFN. Copies of such pol~s ~11 ~ fumbhed by AFN upon mque~. 6. Te~. Thb agreement will be effe~i~ upon ~e date e~c~ed by AFN and shall ~ntinue until July 1, 2000, unless Sooner te~inated as pm~ed in ~b agreement. In the e~nt w~en notice b not g~n by e~her pa~ to te~in~e thb agreement at lea~ 30 da~ p~r to the te~ination date, thb agreement shall be e~ended for su~ one year periods on the same te~s and cond~ions e=e~ for ~e conne~mn rates specified in paragraph 6. These rotes may be changed by AFN, on or after July 1 of each ~ar, u~n 45 da~ prior noF~ to ISP. responsible for supplying the cable modem necessary to connect its customer to the network. IBP may supply the de~ice through leasing, direct sale, lease/pumhase, or through third-party vendors or contractors, at ISP's discretion. 4.2. ISP SERVICE LEVEL. ISP shall pro~,ide intemet sep/ices to all Ashland residents or businesses who request service and who otherwise meet the harclware and credit or payment requirements of ISP. ISP will connect customers within ten business days from the date the customer requests service and otherwise meets the requirements of ISP for service, or when the necessary wiring of the 6. PAYMENT. 6.1. RESIDENTIAL. ISP shall pay AFN $15 per month for each residential internet account of ISP connected to the network. A residential intemet account is an account limited to one dynamic IP address. 6.2. COMMERCIAL. IBP shall pay AFN $65 per month for each commercial intemet account of IBP connected to the network. A commercial intemet account is an account with a maximum of eight fi)ed IP addresses. 6.3. PAYMENT REPORT, DEPOSIT. All sums shall be paid monthly by the 10a of the month for all accounts connected to the network on the 20~ day of the pre¥ious 1 - IBP Cooperath~e Agreement (F:\USER~,ATHY~WPDOCS~AFN IsP Contr.wpd)(5/99) month. Payments received after the 10w of each month may be subject to a charge of 11/2% per month on the unpaid balance at the discretion of AFN. AFN may require ISP to pay a deposit in advance of the provision of any access. Any such deposit shall be held byAFN in a non-interest bearing account and used to satisfy (in whole or in part) any obligation of ISP under this agreement. 7. RECORDS AND AUDIT REQUlREMENTa. ISP shall maintain fiscal records on a current, monthly basis to support its reports to City as to the number and types of customers. AFN or its authorized representative shall have the authority to inspect, audit, and copy on reasonable notice and from time to time any records of ISP regarding its reports or services directly pertinent to this agreement. All required records must be maintained by ISP for three years. 8. TERMINATION. Either party mayterminate this agreement for cause, provided written notice is given the other party specifying the cause for termination and requesting correction within 10 days for failure to pay a sum due, or within 30 days for any other cause, and such cause is not corrected within the applicable period. Cause is any material breach of the terms of this agreement, including the failure to pay any amount when due, the filing of a petition in bankruptcy by or against ISP or ISP's inability to meet obligations when due; or failure of ISP to cure any violation (other than failure to pay) of the provisions of this agreement within 30 days notice by AFN. 8.'1. AFN may deny ISP access to the network and cease to provide all or part of any services described in this agreement without notice if ISP (a) violates any prevision of applicebie acceptable use policies; (b) engages in any conduct or activity that AFN, in its sole discretion, reasonably believes causes a risk that AFN may be subjected to cml or criminal litigation, charges, or damages; or (c) would cause AFN to be denied access or to lose services by AFN's intemet provider. 8.2. If AFN ceases to provide or denies ISP access to the network pursuant to this paragraph, neither ISP nor any of its customers shall have any Hght (a) to access through AFN any materials stored on the intemet, (b) to obtain any credits othe~vise due to ISP, and such credits shall be forfeited, or (c) to access third party services, memhandise or information on the intemet through AFN. AFN shall have no responsibility to notify any third-party providers of services, merchandise or information of any discontinuance of any services pursuant to this paragraph, nor any responsibility for any consequences resulting from lack of such notification 8.3. IfAFN terminates this agreement for cause, or if ISP terminates this agreement without cause, ISP shall pay AFN a termination fee equal to the lesser of (a) the remaining charges applicable through the end of the scheduled term, or (b) six months of charges. 9. LIMITATION OF LIABILITY. AFN SHALL NOT BE LIABLE TO ISP FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT. 10. NO WARRANTIES. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE OR FOR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE INTERNET, OR ANY TRANSACTIONS CONDUCTED ON THE INTERNET. ISP UNDERSTANDS AND AGREES FURTHER THAT THE INTERNET CONTAINS VIRUSES, WORMS, TROJAN HORSES AND OTHER HARMFUL COMPONENTS, UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO SOME PEOPLE. ISP AND ISP'S CUSTOMERS ACCESS SUCH COMPONENTS AND MATERIALS AT ISP'S OWN RISK. AFN HAS NO CONTROL OVER AND ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR SUCH COMPONENTS OR MATERIALS. '1'1. UNCONTROLLABLE CONDITIONS. Neither party shall be deemed in violation of this agreement if it is prevented from performing any of the obligations under this agreement by reason of severe weather and storms; earthquakes orother natural occurrences; strikes or other labor unrest; power failures; nuclear or other civil or military emergencies; acts of legislative, judicial, e~cuti~e or administrative authoritios; or any other circumstances which are not within its reasonable control. 12. INDEMNIFICATION. ISP shall hold harmless, defend and indemnify AFN, its elected or appointed officials, officers, employees and agents, from all claims, damages, losses, liability and expenses arising from the negligent or other tortious acts or omissions of ISP and its officers, agents, employees and independent contractors. 13, SPECIAL PROVISIONS. ISP: Title: j::V~. ~-, ~m- ~' r,~o Date: ' AFN: Title'.~), ~..~._/.~v~F. ~.~. u~,~Date: ~V~ Legal Renew: ~ Date: 2 - ISP Cooperative Agreement (F:\USER~KATHY~WPDOCS~AFN ISP Contr.wpd)(5/~9)