HomeMy WebLinkAbout2000-081 AFN Agrmt - Yahoo oshland fiber networ DA IA
SERVICES AGREEMENT ~ ~
Agreement be~een the City of Ashland by and through its Depa~ment of Electric Utilities, Ashland Fiber Ne~ork
Division ("AFN") and Customer named below for o{nDATA se~ices ('"Data Se~ices") on AFN's telecommunications
system through its fiber optic ne~ork (the "ne~ork" or "system").
Billing Address:
Premises Address (if different):
Data Services Rate:
~/~0 lOMbps +
100Mbps +
IP addresses = $~oG, /month
IP addresses = $ /month
1. SERVICES. Customer shall purchase and AFN shall
provide to Customer:
1.1. DATA SERVICES. Data Services permit
access by Customer to AFN's telecommunications system
at the point of delivery located in the Customer's premises
described above. The point of delivery is that location
where the network and Customer's system are
intemonnected.
3.1. DATA SERVICES F~ATE. From the servi¢
acceptance date, Customer shall pay the rate specifie(
above for each month of service. If the service does no
begin on the first day of a billing cycle, then payments fo
the first month shall be prorated on a daily basis. All sum.'
shalt be paid within 20 days after the date of the monthl~
billing for services (the "due date").
1.2. INSTALLATION SERVICES. Installation services
consist of coordinating with Customer the necessary
engineering, site survey, system configuration and other
services necessary to provide Customer Data Services.
These services shall be provided up to the date that the
service testing is completed based on AFN's customary
testing procedures and the service is available to the
Customer ("the service acceptance date"). In addition,
AFN will install such wiring, switches, routers, cabinets or
other equipment ("collectively referred to as "AFN
facilities") necessary to con nect Customer's facilities to the
network,
2. TERM. This agreement will be effective upon the date
executed by AFN and shall continue for one year, unless
sooner terminated as provided in this agreement. In the
event written notice is not given by either party to
terminate this agreement at least 30 days prior to the
termination date, this agreement shall be extended for
successive one year periods on the same terms and
conditions except for the rate specified in section 3. The
rate for each extension period shall be the rate then in
effect, as published by AFN, at least 45 days prior to the
termination date.
3.2. INSTALLATION SERVICES CHARGE. Custom~
shall pay the installation charge specified above for th(
installation services provided by AFN which charges shal
be due and payable upon execution of this agreement (thc
"due date").
3.3. LATE PAYMENTS, DEPOSIT. Payments receive
after the due date may be subject to a charge of '1 ~% pe
month on the unpaid balance at the discretion of AFN
AFN may require Customer to pay a deposit in advance o
the provision of any service. Any such deposit shall bt
held by AFN in a non-interest bearing account and use(
to satisfy (in whole or in part) any obligation of Custome
under this agreement.
4. SERVICE LEVELS. AFN will exercise reasonable effort:
to provide service on a 24-hour-a-day, 7-day-per-weel
basis. Customer understands and acknowledges that AFl'
does not warrant that its service will be provided withou
interruption. Customer also understands that the rate~
and speed for this service is based on the utilization o
burstable data transmission methodology where the ful
bandwidth contracted for is to be utilized in bursts onl!
and not continuously AFN may monitor Customerh
bandwidth utilization in order to ensure that Customer'.'
1 - o¢nDATA Services Agreement . L '~ (p:\tele\forms~AFN Data Services Contr.wpd)(5/9
CITY OF ASHLAND DISCONNECT SERVICE ORDER
ACCOL~T : 005-001610-** -> 649 A 8T
TYPE : C
ELECTRIC:C01 TAX:TAX WATER~C-W .75"
SEWER:C-SEWER
SERVICE DATE 01/51/200
STORM DRN;C'-I
METER ELECT ; 15~6~
METER WATER : 16148~7
CUSTOMER ~ 024525 -> STARSEED,
MAI~.ING ADDRESS
YAHOO
ATTN: CHRISTINA' GARCIA
5420 CENTRAL EXPRESS WY
SANTA CLARA, CA 95051
READING
READING
INC, WEBRING
PHONE : 54 ~ -482-3000 and : 408-528-7872
IDENTIFICATION : KATHLEEN WEAVER and
I hereby
!
GNAT URE
agree to abide by the City o~ Ashlmnd regulations summarized
on ~he r-everse side. D~tail available on request.
DATE : 01~1~2~01 08:51:57 A~
COMMENTS
ctsh~nd fiber network
SERVICES AGREEMENT
Customer Name:
Billing Address:
Premises AddreSs (if different):
Agreement between the City of Ashland by and thro. ush its Department of Electric Ut~ities, As~,land Fiber Network
Division C'AFN"] and Customer named below for I:Hr~DATA services ("Data Services ) on AFN s telecommunications
system through its fiber optic network (the "network' dr 'system').
'
J
Oats Services Rate:
JED10MI~+ .~.~' IPaddrasses =:~c~. /mOnth
~E] 100Mbpe + IP addresses In,nth
1. SERV',CF.S. Customer shall purchase and AFN shall
provide tO Customer.
1.1. DATA SERVI,C_ES. Data Services i:~rmit
access by Customer to AFN s telecommunications system
at the poipt of deliver/located in the Customer's pram .i~es
described above. The point of deliver/ is that location
where the network and Customer's system ara
interconnected.
3.1. DATA SERVICES RATE. From the service
acceptance data, Customer shall pay the rate specified
above for each month of service. If the service does not
begin on the ftmt day of a billing cycle, then payments for
the first month shall be prorated on a daily basis. All sums
shall be paid within 20 days after the date of the monthly
billing for services (the 'due date').
t.2. INSTALLATION SERVlCE~. Installation set
consist of coordinating with Customer the ne(ee
engineering, site survey, system configuration and'c
services _nec~,__a___sery to provide Customer Data Servl
These services shall be provided up to the date the1
service fl~ting is completed based on AFN's custor
testing procedures and the service is avallabts t~
Cuatom~r ('the service acceptance date'). In eddi
AFN will install such widng, switches, routers, cabins
other equipment ('collectively referred to as
facilities') necessary to connect Customer's facilities t
network.
caS
~er
es.
ar/
the
~ or
,FN
the
2. TE~4. This agreement will be effective upon the ~late
executed by AFN and shall continue for one year, unless
sooner terminated as provided in this agreement. In the
event written notice is not given by either party to
terminate this agreement at least 30 days prior tol the
termination data, this agreement shall be extended for
successive one year periods on the same terms and
conditions except for the rate specified in section' 3.~he
rata for each extension pedod shall be the rate thqn in
effect, as published by AFN, at least 45 days prior te the
termination data.
3.2. INSTALLATION SERVICES CHARGE. Customer
shall pay the installation charge specified above for the
installation services provided by AFN which charges shall
be due and payable upon execution of this agreement (the
"due date").
3.3. LATE PAYMENTS, DEPOSIT. Payments received
after the due date may be subject to a charge of 1~% per
month on the unpaid balance at the discretion of AFN.
AFN may require Customer to pay a depoait in advance of
the provision of any service. Any such deposit shall be
held by AFN in a non-intarast beefing account and used
to satisfy (in whole or in part) any obligation of Customer
under this agreement.
4. SERVICE LEVELS. AFN will exercise reasonable efforts
to provide service on a 24-hour-a-day, 7-day-per-week
basis. Customer understands and acknowledges that AFN
does not warrant that its service will be provided without
interruption. Customer also understands that the rates
and speed for this service is based on the utilization of
buretabte data transmission methodology where the full
bandwidth contracted for is to be utilized in bursts only
and not continuously. AFN may monitor Customer's
bandwidth utilization in order to ensure that Customer's
1 - ¢I~IDATA Services Agreement (p:~tele~'orm~AFN Data Services Contr.wpdX5/99)
transmissions am within the burstable utilization rate
guidelines. These guidelines ara subject to change at any
time by AFN acting in its sole discretion, and all such
changes shall be binding upon Customer upon written
notice to Customer by AFN.
In the event of a service outage, AFN will have repair
pemonnel on site within 4 hours after receiving notification
of the outage from the Customer to the assigned serVice
number provided to customer from time to time. With
respect to a failure of continuous interruption which is not
excused, as provided in this section or otherwise, which
exceeds 24 consecutive hours in duration, and of which AFN
receives written notice within 48 hours of such failure or
interruption, AFN shall credit Customer's accountwith reeleCt
to the affectnd service by en amount equal to one-thirtle~ of
the recurring monlhly charge for He service for each 24-hour
period during which the failure or interrup~on continues. This
credit shall be the sole and exclusive remedy of Customer
with respect to any Interruption or failure of the service. No
such credit shall be due, however, if the interruption is
caused by reasons beyond the reesonable control of AFN or
for reasons related to scheduled netwod( maintenance.
5. AFN FAQLm~. Any AFN fa~Faies installed on Customer's
premises shail beand remain the property of AFN and may
placing or maintaining its fsclll~s upon Cusfon~s
premiEss. AFN shall'be antitled, at any time, to affix to AFN
6.t, RBIOVAI- Customer will use reasonable e~
removed by any pemon, other ~ AFN or without AFN's
reesonabie efforle to keep the ~ ~N's ~ in
5.3.~ Cus~~d~ ~m
I~b~ ~~N's~ any
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u~ ~a~ ~ ~ ~ ~ ~e
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~ ~~lr~e~o ~
6.t. INm'ALLA~ON. 'Customer shall at ils exl~ense
undertake all n _ __~'Jessery preparations raquired to compl~ with
AFN's installation and maintenance instructions. Such
prepera~ons include obtaining all necessary consents for the
installetfcm and use of AFN facititles in the building, including
consents for necessary alterations to buildings; ensuring that
any floor loading limits will not be exceedeci; providing
suitable accommodations, foundations and an environment
to rneet the environmental specifications forAFN including all
necasse~ trunking, conduits and cable trays; providing
suitable electric power and any other utilities needed by AFN
to install, test and or maintain AFN facilities; providing a
suitable and safe working environment for AFN'a personnel,
including an environment safe fi'om environmental hm'~rds;
and taking up or removing, in time to allow AFN to carry out
installation es scheduled, any fitted or fixed floor coverings,
ceiling ti~Es, suspended ceilings and parliiton covers.
6.2. Premises AccEss. Customer shall provideAFN
or other pemons authorized by AFN with access (on both a
routine and emergency basis) for the implemer, La~m of all
service acceptance date, Customer will provide AFN
reasonable access to the Customer premises where any
AFN facilities am installed. AFN shall not be responsible for
any faults on the network or any failure to pedorm the
provisions of this agreement to the extent that AFN, in good
faith, requires __acce~__s, and any such faults or failures or the
continuation thereof are a result of the faiture of Customer fo
provide access to the plase at each Ioca6on where AFN
facilities are installed supporling the falling sewlse or
connection.
(a) Dudng implementation, AFN witl
non'nelly cany out wo~ required to install and/or repair AFN's
facilities during its normal working houm but may, on
reasonable notice, require access at other tirnes. At
Customers request, AFN will carry out work to Irmtall AFN's
facgitles outside AFN's regular working houm, in whk:h event
Customer agrees to pay overlime and any other approp~afe
charges'agreed between the parties.
(b) Any out-of-pocket costs reasonably
incurred by AFN as a consequence of the denial of access by
Customer (or building owner) to any location shall be paid by
Customer. AFN shall advise Customer of any such costs on
a case by case basis.
6.3. ACCEPTABLE USE POLICIES. Customer shall
comply with AFN's acceptabie use policies. The sccet~abte
use policias ara subject to change at any time by AFN sc0ng
in its sole discretion, and all such changes shall be binding
upon ~ upon written notice to Customer by AFN.
Copies of such policies will be furnished by AFN upon
6.4. SYSTE~ INTEGRYrY,
(a) Customer shall be responsible for the
use and compatibility of equipment or software no~ provided.
by AFN. In the event that Customer uses equipment or
(p:~tele~forms~AFN Data Sewices Contr.wpdXS/99)
2 - ¢~rIDATA Services Agreement
software not provided by AFN which impairs Customer's
Data Sewtcas or the ~rk, Cusi~er shall nonethelas~ be
liable for payment for all service, including without ~
any sof~vam, provided by AFN; Upon notice from AFN ~hat
any equipment or sof(ware not provided by AFN is causir~ or
is likely to cause any hazard, interrerenca, or service
obsimction, Customer shall immediately eliminate' the
likelihood or hazard, interference, or service obetm~k~n Pnd
if Customer fails to do so, AFN may take such action as it
deems required to eliminate such hazard, interference or
(b) Customer will only connect to the
network using indusay standard equipment which compiles
and is compatible wit~ bhe sewice speciflcal~ns set fortt in
applicable tac~nk=al publications. No~vithstanding the
undertaking of Customer inlhe prior sentence, if, in AFN's
reasonable opinion, ~e tachn'~al integrity of the network or
any other third party is being jeopardized or is likely te be
jeopardized as a result of the connection of any Custarner
otter activity for which Customer is responsible, AFN ,may
(c) AFN reservasthe right to allowor rdfuse
to allow any make, model or software revision of customer-
provided equiprnent to be used es a gateway to any network
access. Cuetomorwill coopamtewith AFN in seltlng the i~itial
(d) AFN may from time to time issue
7. TEmm~'no~. Either party may terminate this agreement
for cause, provided written no~::e is given the oth~ i~arty
specifying the cause for terr~ation and requebting
conection within 10 days for failure to pay a sum due, or
within 30 days for any other cause, and such cause i~ not
corrected within the applicable padod. Causo is any ma~erial
breach of the terms ofthis agreement, including the failqre to
pay any amount when due, the filing of a petYa'qn in
bankmptoy by or against Customer or Customer's inel~,ty, to
meet ob#gations when due; or failure of Customer~r to Icuto ,cure
any violation (olher than failure to pay) of the proviskms of
this agreement within 30 days no[ce by AFN.
7.'L CESSATION OF ardw~cE. AFN mqy. deny
Customer ~ to the network and cease to provide~all or
part of any sentices dsechbed in this agreement w~ut
notice if ~ (a) violates any provision of appi~le
accaptebte use policies; (b) ~ In any condtl~ct or
ac~v#y that AFN, in ~ sole di~-~, reasonably beleves
causes a risk that AFN may be subjected to civil or criminal
litigation, charges, or damages; or (c) would cause AFN to be
denied access or to lose services by AFN's internet provider.
7.2. CESSATION OF ACCESS. ifAFN ceases to provide
or denies Customer access to the network pursuant to this
section, neither Customer nor any of its customers shall have
any right (a) to access through AFN any matmtels stored on
the intemet. (b) to obtain any credits otherwise due to
Customer, and such credits shall be forfeited, or (c) to
access third party services, merchandise or thfonmation on
the internet through AFN. AFN shall have no responsibility to
notify any third-party providers of services, merchandise or
information of any discontinuance of any selvicas pursuant
tO this section, nor any responsibility for any consequences
resulting f~om lack of such notification.
7.3. TERMINATION FEE. If AFN terminates this
agreement for cause, or if Customer terminates this
agreement without cause, Customer 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.
8. NO WARRANTIES. TO THE EXTENT PERMI I ~ eD BY
APPLICABLE LAW~ APN IS PROVIDING THE SERVICES
AND THE SYSTEM (INCLUDING BUT NOT EMITED TO
THE AFN FACILITIES AND ANY ACCESS TO THE
NETWORK) AS IS AND WITH ALL FAULTS, AND
HEREBY DISCLAIMSALL OTHER WARRANTIES, IFANY,
EITHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE WITH RESPECT TO ANY OF THE SYSTEM
AND SERVICES PROVIDED OR TO BE PROVIDED
UNDER THIS AGREEMENT, INCLUDING BUT NOT
LIMITED TO ANY (IF ANY) AND ALL IMPMED
WARRANTIES OF MERCHANTABILFTY, FITNESS FOR A
PARTICULAR PURPOSE, OF LACK OF VIRUSES, LACK
OF NEGLIGENCE OR LACK OF WORKMANUKE
EFFORT.
AFN MAKES NO WARRANTY: (a) OF TITLE, QUIET
ENJOYMENT OR LACK OF INFRINGEMENT WITH
RESPECT TO THE SYSTEM OR SERVICES; (b) THAT
THE SYSTEM OR SERVICES ARE 'YEAR 2000'
COMPMANT; AND (c) THAT THE OPERATION OF THE
SYSTEM OR SERVICE WILL BE UNINTERRUPTED OR
ERROR FREE.
9. EXCLUSION OF CERTAIN DAMAGES; I.IMITATION OF
LIABIUTYAND REMEDY; EXCLUSIVE REI~DY;TO THE
MAXIMUM EXTENT PERMI'I-I'ED BY APPLICABLE LAW,
IN NO EVENT WILL AFN BE LIABLE UNDER ANY
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
OTHER THEORY FOR ANY SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING BUT NOT MMITED TO DAMAGES FOR LOSS
OF PROFITS OR CONFIDENTIAL OR OTHER
INFORMATION, FOR BUSINESS INTERRUPTION, FOR
PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR
3 - eI~rlDATA 8mvices Agreement (p:Uele~forms~AFN Data Sewice~ Contr.wpdXS/Sg)
FAILURE TO MEET ANY DUTY INCLUDING OF GOOD
FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE,
AND.FOR ANY OTHER PECUNIARY OR OTHER LOSS
WHATSOEVER) ARISING OUT OF OR IN ANY WAY
RELATED TO ANY BREACH BY AFN OF THIS
AGREEMENT, TO THE PROVISION OR USE OF OR
INABIMTY TO USE THE SYSTEM OR SERVICES OR
OTHERWISE WITH RESPECT TO ANY SUBJI~CT
MATTER OF THIS AGREEMENT, EVEN IF AFN NAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES,
AFN'S TOTAL LIABILITY TO CUSTOMER UNDER _T~I~ IS
AGREEMENT AND THE TRANSACTIONS
CONTEMPLATED HEREBY, INCLUDING WITHC~UT
LIMITATION ANY EABIUTY OF AFN FOR ANY DAMAGES
OF ~ NATURE WHATSOEVER, INCLUDING WITHOUT
UMITATION DIRECT OR ACTUAL DAMAGES, SHALL BE
UMITED TO THE DIRECT DAMAGES INCURRED BY
CUSTOMER IN ACTUALAND REASONabLE RELI,N~.,E
ON THE OR SER S, WH,C.
SHALL NOT, IN THE AGGREGATE, EXCEED 100% OF
THE AMOUNT NAVING ACTUALLY BEEN PAID BY
CUSTOMER TO AFN IN THE ~J~cLVE MONTH PER~OD
IMMEDIATELY PRECEDING THE DATE ON WHICH 'IrHE
BREACH GMNG RISE TO THE D,~M~GES OCCURRED.
EXCEPT FOR THE PROVISION OF CREDITS
CUSTOMER'S ACCOUNT AS SPECIFICALLY PROVll
IN SECTION 4, THE RIGHTS AND REMEDIES GRAN
TO CUSTOMER UNDER THIS SECTION 9 CONSTIT
CUSTOMER'S SOLE AND EXCLUSIVE REM
AGNNST AFN, ITS AGENTS, OFFICIALS ,
EMPLOYEES FOR ~ AND ALL CLAIMS ARISII~
CONNECTION W1TH THE SYSTEM OR SERVI(
INCLUDING BUT NOT LIMITED TO CLAIMS ARE
UNDER STATUTORY OR COMMON LAW
OTHERWISE.
TO
ED
ED
rTE
DY
ND
IN
ES,
NG
OR
THERE N~E NO THIRD PARTY BENEFICIARIES OF THIS
AGREEMENT. CUSTOMER AGREES THAT AFN SI-~ALL
HAVE NO UABILITY FOR THE NEGUGF_I~CE,
PRODUCTS, SERVICES OR WEBSITES OF CUSTOMER;
OF AFFILIATES;, OF DEVELOPERS OR CONSULTANTS
IDENTIFIED OR REFERRED TO CUSTOMER BY AFN~ OR
OF ANY oTI.IER THIRD PARTY, INCLUDING BUT HOT
LIMITED TO LIABILITY FOR THE CONTENT, QUA~.ITY
AND ACCURACY OF THE FOREGOING WHICH ~,RE
ACCESSIBLE BY USE OF THE SYSTEM OR SERVICES
OF AFN.
10. UNCONTROLLABLE CONDITIONS. Neither pan~y sh~ll be
deemed In violation of this agreement if it is prevented
fi'om performing any of the obligations under'this
agreement by reason of severe weather and stdn'ns;
earthquakes or other natural occ~rrencee; strikes or ~her
labor unrest; power failures; nuclear or other civil or
military eme~anclee; acts of leglsfative, jud iclal, execl~tlv ·
or administrative authorities; or any other circumstaflces
which are not within its reasonable control.
11. SEVERAalLI~Y. In the event that a court, govemrnental
agency, or regulatory body with proper jurisdiction
determines that this agreement or a provision of this
agreement is unlawful, this agreement, or that provision of
the agreement to the extent it is unlawful, shall terminate.
If a provision of this agreement is terminated but the
parties can legally, commercially and practicably continue
without the terminated provision, the remairtder of this
agreement shall continue in effect.
12. GENERAL PROWSlOaS. Failure or delay by either party
to exercise any right or privilege under this agreement will
not operate as a waiver of such right or privilege. This
agreement may be assigned by Customer only with the
consent of AFN. This agreement constitutes the entire
understanding between Customer and AFN with r~paCt
to Sewice provided herein and supamedes any prior
agreements or understandings.
13. SPECIAL PROVISIONS.
Customer:
Date: -~/I ,/0 ~ ~
By:
TiUe:
Date:
AFN:
Title:
Date:
AFN Legal Review By:
Date:_ .
4 - J~rlDATA Services Agreement (p:uele&forrns~AFN Data Servicm~ C.,m~.wpdXS/99)