HomeMy WebLinkAboutIT05-007 - Original - Amerion, LLC - High Speed Connection/Internet Service - 07/29/2004 L.g Pi„
ecor s N1 eme
KENO WJ
WADNINOTON Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, 9 you have questions, please contact City Clerks Office.
Vendor Name: ejgi-ion T 1.-L.0 Vendor Number: "33 3 a f -0
JD Edwards Number
Contract Number, TTOS- 007
This is assigned by Deputy City Clerk
Description: ^^ -`_o l In n k .n n Qrsc.2a.rY`p Cl-}-
Detail:
Project Name: 1-1-,e �� d �n(lQ(4-.dCl 1 =ft- r FLO+ t<-L-) t c Q .
Contract Effective Date: -7 1 a! I n 4 Termination Date: '7 I -�;L 8 t n S
Contract Renewal Notice (Days):
Number of days required notice for termination or re al or amendment
Contract Manager: Department: (ocz:)
Abstract:
S,Public\RecordsManagement\Forms\ContradCover\ADCL7832 07/02
JLL-28-2004 16'-52 PIRION LLC 509 5474463 P.02/07
N
,or
AMERION, LLC CO-LOCATION AGREEMENT
Made this 27a day of July,2004.
BY AND BETWEEN:
AMERION,LLC.with its principal offices at 1828 W. Lewis Street,Pasco,WA. 99301.
(hereinafter referred to as "AMMON").
AND:
City of Kent
Whose address is:
220 41h Ave S.Kent,WA.98032(Herainatter referred to as"CLIENT").
The following agreement is by and between AMERION and the CLIENT.
WHEREAS,Co-location is hereby defined as the leasing of physical space,bandwidth,
and other related but separately defined services and products for a customer's server or
other hardware,designed for providing Internet services,on rack space leased, or within
the physical facilities,owned and Werated by AMERION.
WHEREAS,AMERION is an Internet service and content provider connected to the
Internet that offers the co-location of computers as one of its services, allowing its
customers to have their own physical machine connected to the Internet and housed in the
AMERION facilities.
NOW THEREFORE, in consideration of value provided the parties do agree to and
with one another as follows:
L Term:
This agreement will be e$bctive on the Commencement Date and be effective for 1
Year. For the purposes of this Agreement the Commencement date shall be that date
upon which the CLIENT's server is ocmaected to the Internet at AMERION's facility.
City of Kent Page 1 7/28/2004
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This agreement will automatically renew for successive 1-year periods unless canceled in
writing within 30 days of the end of the initial or any renewal term. Prices during any
renewal period are subject to change(with 30 days notice). AMERION reserves the right
to alter the terms of its hosting contrail. Any revisions to the hosting contract will be
made available for the CLIENT no later than 60 days prior to the next renewal date.
Renewal of services by CLIENT indicates agreement to any contract revisions.
II.Payment Schedule:
Any setup,hosting fees,or fust month's fees shall be due at the Commencement Date in
accordance with the fee schedule attached hereto and incorporated herein by reference. If
the Commencement date is other than the first of the month, fees for the first month shall
be prorated from the Commencement date until the end of the month.
Monthly payments will be due on the 101 of each month. If CLIENT is paying for
services annually the initial payment will be due within 30 days of invoice date and
subsequent annual payments will be due on the 10''of the month after anniversary date.
Any account that is delinquent for more than 30 days may be disabled. AMERION will
provide the CLIENT with 10 days notice for late payments before disabling any co-
located server.
Billing is based on a fixed bandwidth plan capped at 50 Gigabits of throughput per
month,The CLIENT agrees to pay the monthly rate of$200.00 or annual rate of
$2,400.00 for the duration of the contract. Additional charges will apply for extra
services requested or if the Client bandwidth exceeds the agreed upon bandwidth.
Additional bandwidth usage will be charged at the rate of$50.00 per 25 Gigabits of
throughput per month and billed monthly. Management port used for monitoring server
and uploading under 2°"IP will not be charged for bandwidth usage as long as usage is
under 1 Gigabit per month.
M.Hardware Compatibility,Respeasibility,Security,and Expertise:
CLIENT represents and agrees that any hardware or server connected to the Amerion
network will be compatible with Amerion's network set-up. AMERION agrees to
Provide CLIENT all technical information prior to the Commencement Date necessary
for client to evaluate whether its equipment and/or connectivity will be compatible if
connected with or to the Amenon network.AMERION makes no representations,
warranties or assurances that the customer's equipment will be compatible with
AMERION's service and it is the Clients responsibility to perform such evaluation.
The CLIENT will be entirely responsible for any of histher co-located hardware residing
at the AMERION facility. AMERION is not responsible for the condition of CLIENT's
hardware,or the software used on CLIENT's hardware,nor any upgrades, service, or
repair of CLIENT's hardware unless otherwise stated in a separate schedule attached
hereto.Any upgrade chosen and/or implemented is the sole responsibility of the
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CLIENT.Any contract or service agreement that the CLIENT may have with the
manufacturer or service provider of the hardwarelsoftware is strictly between the Client
and the outside service provider unless otherwise stated in a separate schedule attached
hereto.
AMERION is NOT responsible for any server maintenance, data integrity, or backup on
any co-located servers. The CLIENT is responsible for all configurations and backups of
data Arrangements for cycling backup media and storing copies off-site may be made in
a separate schedule attached hereto.
The CLIENT agrees that he or she has the necessary knowledge or personnel to
administer a server in a co-located environment. AMERION is not obligated to provide
support or knowledge related to the administration of the CLIENT's hardware, software,
or configurations of either,outside of previously defined service or support.Additional
support may be purchased from AMERION at any time.
AMERION is NOT responsible for any software/OS upgrades or patches on any
CLIENT's co-located computer.The client is solely responsible for maintaining all
upgrades and security measures for limber server(s). Any system that is discovered to
have its security compromised may be immediately disconnected from the AMERION's
network until such a time that it can be demonstrated to AMERION administrators that
the CLIENT's system is completely five from its compromised state and the system is
completely up-to-date on all security patches and has no known security issues t
outstanding.
IV.Access to the Servers:
Normal Business hours:
Physical access to the co-located servers is available during normal business hours..
Access is granted to the Primary Contacts, or in special cases,to a secondary contact
specified by the CLIENT in advance.Contacts should call ahead to schedule a time to
work on the servers if possible. Client has designated the following individuals as
Primary Contacts:
Galen Hirschi
Pffid
MacPherson
Chris Beaalc
Weekends,Evenings,and Holidays:
Physical access to the co-located servers is available on a non-emergency basis during
weekends,evenings,and holidays by prior appointment only. Primary Contact must call
at last 24 hours in advance to and schedule a time for non-emergency access to
City of Kent Page 3 7/2812004
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Amerion's co-location facility on weekends,evenings or holidays.AMP-RION will
provide Primary Contact with access to the co-location facility at the scheduled time.
Amerion will clangs the Client$90.00 per hour for time required by the Amerion
employee to be with client during weekend, evening or holiday access.
Emergency Access:
' Physical access to the co-located servers is available during emergencies by calling our
emergency pager 509-542-2341 or our afterhours number 509-542-3666. This 24-hour
pager/emergency number will notify an on call employee who will be responsible for
providing emergency access. In the can of an emergency during late night or other times
when there is no one in the office, an employee can be dispatched to meet the contact at
the building and provide access to the building and the server room.This number should
only be used for non business hours emergencies. A fee will be assessed for the use of
the emergency pager number if the reason for the page is not directly related to a problem
originating from AMERION and its immediate network. This fee would be based on our
current emergency rate of$90.00 per hour.
Remote Access:
Remote access to the co-located servers is possible through several methods. Unix type
servers may be accessed via a telnet session to the co-located server.Alternatively, if a
GUI interface is used, several products are available to the CLIENT depending on the
Clients operating system. AMERION can provide a partial listing of products but does
not directly provide any software for access nor does it recommend any particular type
i over the others. It is up to the CLIENT to determine the best method for remote access.
V.Warranter:
AMERION makes no warrantees or guarantees of any kind,whether expressed or
implied, including any implied warranty of fitness for a particular purpose.AMERION
takes no responsibility for any damages suffered by the CLIENT including,but not
limited to, loss of data,non-deliveries,mis-deliveries,or service interruptions caused by
AMERIONs own negligence or the CLIENTS errors and/or omissions. AMERION
makes no guarantee of privacy or security on this system AMERION specifically denies
any responsibilities for say damages arising as a consequence of any non-accessibility
time or other down time.
Use of any information obtained via this service is at your own risk. AMERION
specifically declines any responsibility for the accuracy or quality of information
obtained through its services.
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JUL-28-2004 16:56 Aim N`tLC p 509 5474463 P.06/07
VI.Acceptable and Legal Use:
CLIENT will be responsible to insure that their co-looted server(s)is not being used for
illegal and/or abusive purposes including,but not limited to,posting or downloading
child pornography,on-line gambling,intentional spreading of computer viruses,unlawful
k. entry into public or private computer systems,including AMERION's own infrastructure,
trafficking in stolen credit card codes,spamming,or any other violation of Federal or
State law.
f
AMERION neither condones nor allows SPAM on its networks. SPAMMING is the
posting of unsolicited emails and/or USENET articles to multiple people and/or
newsgroups for advertising,promotion or other purposes. The CLIENT will be
responsible for ensuring that his or her machine is not being use to engage in SPAM
activities.
While using another organization's networks or computing resources(Remote Network),
the CLIENT and anyone utilizing the CLIENT's co-located services are subject to the
permission and usage policies of the Remote Network.
For security reasons, the purpose of each co-located machine and the services and ports
these services will be run on must be reported to AMERION prior to the Commencement
Date.Any future changes or additions to these services must be reported to AMERION
before they are enabled. AMERION does not allow any CLIENT to operate or maintain
a mail server that is configured to be an open relay.
Any co-located machine that is discovered to have been used in connection with any
illegal or abusive activities as defined by AMERION may be disabled and Amerion will
have the right to terminate this Agreement.
VU.Termination:
This agreement may be terminated by either party, without cause,by giving the other
Party 30 days written notice prior to the and of the initial or any renewal term. Not
withstanding the above,AMERION may terminate service under this agreement at any
time,without penalty,if the CLIENT fails to comply with the terms of this agreement.
VIII.Independent and Severable:
These provisions are independent and severable. Should any part of them be declared
invalid by any court of competent jurisdiction for any reason, such decision shall not
affect the validity of the remaining provisions,which shall remain in full force and effect.
Should there be any change in the law of the,jurisdiction under which this Agreement is
` interpreted which either modifies or conflicts with any of these covenants,then this
Agreement shall continue to be enforced as written unless said change is lawfully
mandated to be retroactive in which event this agreement shall be interpreted as having
said changes incorporated herein,but only to the extent of such actual conflict and
otherwise this agreement shall retain its original intent and remain unchanged
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I
IX. Non-Tramsferable:
This Agreement is peasonai to the CLIENT and the CLIENT may not assign or delegate
any of its rights or obligations hereunder without first obtaining the written consent of
AMERION.
X.Amendments:
No amendments or additions to the Agreement shall be binding unless in writing and
signed by both parties except as herein otherwise provided.
XL Dispute Rawlution:
This Agreement shall be governed in all respects whether relative to validity,
construction,capacity and performance or otherwise by the laws of the State of
Washington. Any dispute resolution shall take place in the City of Pasco,in the County
of Franklin, in the State of Washington
X M Claims Expenses:
In the event that either party hereto commences any action or claim to enforce any term,
condition,or covenant herein,the prevailing party in any such claim or action shall be
entitled to recover from the other all costs and expenses incurred in bringing or defending
such claim or action,including reasonable attorney fees.
XIII. Fair and Reasonable:
CLIENT has carefiilly read and considered the provisions of this Agreement and,having
done so, agrees that the restrictions set forth in this Agreement are fair and reasonable and
are reasonably required for the protection and interest of the AMERION, its officers,
directors and other clients.
IN WITNESS VAREREOF,the parties hereto have executed this agreement on the day
and year first above written.
City of Kent AMERION
sy: y
P ame '� Print wa
Al.Cv L/rRscf// Larry y
Title:'�w �✓lees SrJ/"✓ACK Title: CTO
City of Kent Page 6 708/2 N
TOTAL P.07
JUG-27-2004 13:43 F 1Til 509 5474463 P.09/1
MMON
M
a,
E 1�7�lMS AND CONDZTIOIrS
These Terms and CmffM n are ail IN, 'I to Service Orders ereecrrbed by Cusom for Services delivered by Arnerion, LLC.
("Amerion"),and are incorporated Into each Service Order. The Terms and CmMons ktckrde Umse General Terms and Conditions far
DWMY of Service and all temps and conditions an-flhed hseto which relit to any Se vloe provided by An>erion to Cuscorner. These
Terms and CandWons are applicable to sales of Services original ft or berrninating In the Untied States.
DWINIMINIS
t�rrlNdarf11s Fill brrssmMm ldcensed Software;and all sours code,source doagneriatlon,khve Lions,know-how,ideas,updates and
atilt docunentlon aid Infamrdon ralrted to the tloensed Software,and any non-MM liftm ation regardkhg the business of a party
Frawded W eNher party by the alher party where such UlfOn'fdd h is mwked or odwwlse oormhunlr td as beihp"pmprietW or
"a3r#ideeW or the ft or whore such tr flormoon Is,by ks nttrrte,confldmU.
Gsrswnl<lr I On&Rmsa A aom Mmnt made by Cuslmner(where applicable)ditatin0 It to order and pay lior a mh mum amount
of a Amerlon Service expressed in MhgaWls per second(Mops)or Glgabla per second(Gbps),as set forth In the Service Order(See
sommJU).
Cmmkw .wr.The person, fin or corporation so named our the Service Order.
Sowke CrAmr.A request for llmerion Service vAnMed by C1e Oifto err for aecepiance by Mkrion.
16tnr01 Any and all derloes supplied by Amerion used to deliver Services,kKkWkhg brA not Invited to all tmnkW and odw
tithes,cMOrNs►PQft rouamst swtrihes,elarshel service units,data service untie.cabinets,radar,prWW rooms and
the like. Facilities shall not Include any Mich devices sold to QM mer by Amebn and paid for by Customer or owned by Customer or
' any third pity.
rtk MMW w I- qe 8 **II owned or lamed by An*W fbr the purpose of bca ft and coiloca"caDrWmff i 4d"equipment.
A*Wmwsf A 11h rr,Computer software,in object code format only, the use of which Is required for use of Service ordered by
Cusbomer.
A MIA 0c The bcaft(S)OCCLIM by 0jslaW or As ad users to which Service will be delivered by Amerion. Premises do not
M de Space as dd►ned below.
Anon W Cowmeftwst A aommibnent made bV Qm my obNpaf V It to order and pay for a minimum vdWm of Services during
an agreed term,as set tbrth in the Service Order(Sae$pld011,i.l).
Sat i A service aft ed by Amerion pursuant to a Servim Order.
$veer The location(s)WOM AsAerihhn 6atewairs into which Customer is pemltted to m4ocM telem mmicatiorhs or Internet
equipment pursuant to a Snvloe Order": lmil by fterkm
TargflsliisstrrifDWft A wditm tomnrkation frown A wrion to carstorner irMirall"the daft upon which it is mtk*ated ttut
SWAM will be available to Customer.
14 SubnrYeierr of"aloe Orders.To order any Serviaq,C oMmer must subnk to Anwion an order tam tier Services,completed
Vh-M*ft's MISIN not("Service Order+')requesting the PV#WM of Service.The a mostion of the Service Oder by Ametlon*WI
Mt caWbrte an aoceptarhoe by Amerbn of said aft Said order is subject to veNlcOm of aedlR service availabliity and other
The Servloe Order bade&W shah sec f oft Swviorr,the Premim mdW Space, the dwged Servim
amp any applicable term&Wor Revenue Cammlbttent.
1628 W.Lehi*Street Page 1 of 1 509-642.3600
Pasco WA 99301 Ver 5.28.03
" JUL-2?-2004 13:44 Clhi LiC 509 5474463 P.10i13
1.2 UndarWdn!of Atsatim. If Ainuft put"7*"batall Date respeexing Services,Amnion will ftgnM such Services III
aceordmm with Cte Term ante Conitons and any 9en4fra.'Ori ts.
2A ftyrarwt of Wis. Amwion M al dnrgM tmouyai by C usmmeran a nxn**beals In U.S.Dollar.Amerion bilk In advame for
al Srrvicev m the p ended cuing the upeamhtq eehatMdt,amept Ibr charm which are dependent upon usage of Se mom which are
I tiled In mum Bifinp for partal na led evil be prorated based on a calendar mwnttt.Ail bib are due upon receipt and if not paid b
fiMl wNW Irby(34)days uponroe>a g the bill wM be car mode red past due and a alkae to perform a material obflp dm under the
Toms and CflndRlons of d*Agreement The unpaid bafatm of any past due balance which Is mot manors*disputed trader SOMM
2A Fmereof shah tsar Inherit at a rife of 1.5%per tmordh(prorated on a daily bask hegtnlng on the past due date),or the tdghdct
rate allowed by law,vdddwner Is hest
To the ushdoerht Cu ga)n s orders any sarloe designated as O astabW(dellned below),the follohatg bffng method shag apply:
Ctetrtotnor wil be tined not torch above for b Ca n*W Data Rafe. In adMa%over eaein month.CusbomWs umpe er V e Sevbe
veil be sampled by Anwkm In fire n*m to Inbond and mAbard averages. At the end of the month,ate top hn peaeht of the
Inbomrhd and oulband averages shall be ellararded. 7tte itipfhest of the reseltlrhg rerhegelh peecamtfe for inbotand and outbard traffic
wW be eorpared to the Co w)ftd Dab Rate. It'the nlhetett peroerhtle of either Inbound or outbound traffic Is hipha than the
Corrrmfbed Data Rate,Cmdomar will,in addflott to belgp billed for Its Committed Dram Nate,be biped for Its utMraton of the ServIoe
slat emeeda their Committed Dan Rabe,whist shah be MW at the contacted-for price per tops or tops. For the pupom of this
Sugm.LL Burstable shall mean Cutmhe's abdRy to use Services above and beyord a stated Cmra* d Data Rate.
In the avert the Saviors adored by Cmdomar kwoWe a local loop,Customer mitt'ar+nge,trough a local modhange carrier collocated
In Anrerion's gateway Spook for Nov own local loop,or it may have Amerion provide the same. In the event Custonver provides for Its
owm local imp.f2mb nw wuert provide to Amerlon and drasR fadit asslgrrnerht Ir f ermtlon,firm order corm Ar ent irtfatnatlm and
the design layoet records necessary to enable hmdon to malae the necessary aroeoa-oorrnactlon between the Services and Q sIximers
daignabed tool eeleange carter. Anterion may dnrge Cunfonter a nonieuvri ft cross-oomert fee to nraloe such eoonecu m,and an
add!WW nort ere wirgi charge may apply In the avant that Caaomer reWea and Amerlon permits Cuemmw to etmW ifs Service
butakton date. In the Brent Comb vw provides for its own local bop,Atnerion's tM ft for the Services will commence at It has
IMIMMI d arid tested the S nkm up to the Atnerbn aide of the oaes-aonnext cdreuR. Otherwise,Mnerion'hs bWAV for the Sery cos will
Consttertu Ponce the Services are thstafed and tested.
2.2 'fames anti Foaa. &uq t for Mass based an Aroutm s net fncaree and ad valorem,paaona i and real property tames Inp>aed as
Amerion's property,Cush mar shad be resporoI I for p+tynteent of al sates,use,grams Pa.ere I amens,bypass,franchise or
other local,state aid ftderah toes,fa%dtatgex,or and arges,however desllnabed,Imposed on or based upon the provlslon,sale or
use of the Servkes.
2.3 Roptlats y and loW Chmq a Art the soon!of any dw pe in applkable saw,reg don,derision,rude or order that m>afti*
incraoaea tha oom or other temps of de*mV of service,Amerbo arid Cuefonter ague to negotofe regardbg the rates to be dnar¢d
m tlmtomer 0. suet Ittcreese lo oast and,to the avant tlhit the partin are amble tD reach apreerrterR rr+spe rm new raters
wflMrt thkty(30)days alter AmerWft defvay of writ m notice regLeMV re negotf n,than(a)Amerion may pass such brc)rased
mots Ova*to Glmsmmv,and(b)tlmto w may tnm*ma the affecem Service Order without termination Malty upon sW(60)
mays'prior wrften robe
2.d Oispmtad ii. In tte event dW Cu bmw dMpara any paft of a Mrorion bK CLImomer must pay the uidkphxed portion of
the bMi and stebrt*a writan datm ibr the diapAod amhni xlt.All dams m tot be sth, 1-i d to Arnoion wfhMn suety(60)days of reo*t of
blbg for Grose Services. atsxanr admo wipcigm dw It Is able to and that it b reasonable to requte Cusbmner to dispute brie within
that flue,and Cushxner doefiore valves fhe rV t bo dispute charges not dsph W wi hin the sbdy(60)day tme name asset forth
above
25 ge4R Appmahssi rind OarasNa. Gfstorntr sftsp p>fovlteAmerion will o>ealt iMomtatiort as requested,and deiivay of Servtoe is
omen naltts'Serviceap j a eaand l I WAAmeroft aooepI I -1 of any Set (which,or as a condlum to Amedon's bumf of
SorOM wlhkh drpoef shall be held by ArrteWort as aechrfy for payhrment of Ctmmrmers charges,At such tine as the provhlott of Servlte
to tambxmer Is termtabed,ON amoatt of the Oq=R wR be Credited to Chcsbonte's account and any credit bafaoe which may re anal
WIN be rehrhded.
' 2A FvauduMM Uw uf Sarvloaa QWmmW is reppo WW for oil dnargm aWbuabie to Curbotmer Insured res mdit the Sovioes,
even If marred s flta rtt IRA of fl'au IkUtt err urisrttorbead use of file ServiM un t Amwbn has actual krArwfedge of the in and
falls to no*Cusbx er thereof:Mwion may,but knot obopated to,debeu or report unrrut adved or fraudulent use of Services.
I=w Lewis street Pape 2 of 2 509-542.3600
Vasco,WA.SM1 Ver.5-2M3
TIM
JUL-27-2004 13:45 Mgtp MN LLC 509 5474463 P.11i13
M WMan 5ced n w AWwIwL Mherba dwA lt1h�IlrMOO defend and hold OAWw harmless&am arty dahh, loss,damage,
MOM or 10ft(krckdkg 4001 A/s faas and court t QW)(twekharter" biff s')MIMk Cesmma'for PtnP"damage,
kmflrWngwmt of third try PropwletwY dgW or par9ora 1 "caused by Mherlon's negligence or willful mlSeenduet.
&S brdwwdW hdm br CuNar w Qsmomer*Air khdeanillf,daferwJ and hold Amerion hamdeu from awms(educing CWkrts for
kl@VW,mlt of thW PAY Prop WM V ram)(1)trade against st Amerce by any end tsar of Customer In cwmectlon with the delivey or
corsumptloth 0f Se VJM(i)made inn'hst Anerlon arift aut of any convnbsbn or neglfg m omheion by Customer In connection with
the Savior,or(M)ar"v from QAwmw$name"or w ww nits m&xt.
A.A Appilic dw of Tar1Ra. Amerlm may elect or be required to flk with the apprgxlm regulatory agavy tia respectirg the
delivery of certain 3ervloe. In the am Out such to ft are flied respeaft Servbe ordered by Customw,then(to the eh I I such
prvtdsloets ate not kheor►sbtent tatkh the terrrhs of a Service Order)the terms set forth in the applicable tariff shall govern Atnerton's
delivery of,and CtatomWs cmwurrpt n or use of,such Service.
8.7 tirrmr As a1 Anwbn does notrnorwer aced shall have no Rab ft or resports6litgf for the aontertt of any data
War*Mlftd via tha Sw4iM and Gusto,,ler shag hold Amerbrh la tless ftm any and all dakns(ktdudkhg deices by govdmsmientrat
e seelft to Intposte peal Swetionts)related to such aontaht attributable to tusoxner or its a",employees or end users.
" En*%Wrdewlaadlow These Tenths wW Caneftloro,Nckd hg any Service orders atoearted IwaxWw,cwo bft the entire
urhderstarhdkng of the parties reMW to the s M@d,,hatter haeof.In the event of any onn111ct between these Terms and C"pions and
the tarns and candttlons Of any Stxvkhe Order,three Tema and Condgiorts shall Coiltrof.Should twe be arty c xMct between these
barmy and conditions and the Additional Tams and Cord dm anrhelred thereto,the terms and provis m of the Additional Terms and
Condkiam shall govern and talon precedence. There Terms and Cornditlorns shall be govertrod and constr and In accordance with the
1aMIS of tier slate of Arhatta.
99 ire Walm. No faikxe by eidw pang to aft ee any ri"havwx r shall corst"a wa w of such r igWs).
_ Ado trNiwarlc Aims Peffry. Carstot &%use of the Servlces shall at all times comply with AnvMm s therr�Network Abuse
ftkyAvW Prha q Porky,as amerced by Amuft from tune to time. Nnerbn"m*Qstww of mmplako mo*4d by Amerion
regirdkhp earth khddett of aSeped vl bbm of Amerbn's Nebm Abuse Pokey by C uska,,er or third parties*0 have ga awd access to
the Sxrviee trrough telstorrw; Qstomer agrees Vat it wW promptly Irwastlgalbe all such a m*lrhts and take all nem ary sates to
rerrhedy arty ac*A vbWfJom of Amnion's Nebrorft Abuse Policy. Amerlon may Idengfi to live oornplakhartt that customer,or a third
party that gakhW access to time Service tuough Cudww, Is imaestigatthg the complaint and may provide the ow pfakhant wl h the
eh9aeasary khforrmadort>g oexhtahct ClAttlMerdirectlytotesolvetheamplalft Customer shall idertlfy a rqxuereatlw for the purposes
N reoe>iv ft such aorrn,,l 99CMns. Meta re9erhres the rlght to Ir stall and use,or to have aastemer Install and use,arty appropriate
CIMFI s to prevent vioiatiom of Is Nebw*Abuse Poky, khdu ft devices desvied to faw or tertnkmate access;b the Services
Provided by Amharic,,.
W rM7MESS HRlEREOF the Prrtla4lNllrB herby ltlbefed ktto and s%pW these Master Tema and Conditions on the 3ah day of May in
the year 2003.
AlI M M,LJ.C. Customer
k BY
Print Mama A4n r r Prktt Marne�ALEiI(tl/�E'�C{�1
Me ro / TttleTcN,SE�evrc�5 S �r. e
A*bdW m t Appwdot'A' (Additional Terms and Conditions for Dadicew Intemst Accaes)
t M W t evn5 Street Page 6 of a 5096542-3600
Pasco,WA.A93ot Ver 5.28.03
JUL-27-2004 13:46 AM ICIN'LLC �509 5474463 P.12i13 "
ON �ndix "A g
ADDMOM WIFMS AND CONDITIONS FOR
DWICATW IKTEWW AUK
The fdfo"addNionhal fgms and eorhdigonts am appik able vtlhae,pursuant to a Service Order,Customer
orders Dedicated bftmet AMM(9lrhberrtet Aaoels Services"),
1. Any state or federal to ft eppl c*W m the Irrterrhst Access SWAM to be delivered under any Service
order are Incorporated k tD the tams theltrf.
2. The norrmmng dtargm and nxx#*r*="raise for the Irrearret Services provlded by
Mrerion to Custornsr are set forth In each Servile Order.
3. The rates and other dtarges set forth kt each Service Order are estabOshad In reliance on the term
and/or vokm commlbrrertt made thereK and Craeoow aprees b pay tte Sarre. In the evert that
Chrsbwner terminates Internet Access Servlm ordered in any Service Ordr which Is acAe{rtad by Ame'lon or
In the event that the ddv"of Irteenw Access Se vlaea is mmil sated due to a fWkn of Qetorner to
&,tidy tte requirements set forth herein or In the Service order prior to the end of the awed tent►,
Custonw shall(unles Oatcmcr has made a RuAmue Conmdw nt)pay a ternumbon charge equal to the
penaa0ge of the ffa"mcurrkg dha"far ttre terminated Internet Access Services calculatad as
fdb m:
(a) 100%of the montthq recurring dtarge that would have been krarred for dw Internet Access Service
for months 1-12 of tte agreed teem;p4a,
(b) 75%of the montYlr reaming charge that would have been mudded for the Internet Access Service for
months 13-24 of the apreed f3atth;pica
(e) 50%of the montl*recurring charge trat would have been incurred ibr the Internet Aoce&s Service for
rnorttlta 25 through ire end of the agreed#mm.
Customer may, in the eve ht that a Review m Cc mil neat is made and is then being saU%W by C ustorm,
temnktatq,rearrange or moor gwe the IntetshA Acosta Services ordered under a Service Order wWtout
parrtrent of the termination&hedge mbMed abode;gam,6 that Customer shall be resportsilee
for payrnert of Anherbn's that-current standard mmectrrfthp dharges eppkable bo such tamkhation,
marrarwWwritareconflwation.
4. Amerlon provides only acceur to the Ltsnet;Amerion does not operate or control the Inforr udon,
services,opt dm or otw content of dte Internet. Customer aWan that It shag mate no dakn whatsoever
aQakhat Artherbn teetrip to the aorttert of tits Irhternet a respectlnp any�.prodhrct,servkx a
software ord tied thaoto or prmlded by vMue of the IrtemeL
S. If Ousbomw ondas BrAAW*Dedk tad beadlet Access Services pursuant to a Service Order,the
Cusbarw stroll be pa ltbed to maser dwtpes tp its CommNted Data Ratq,provided that such dtange be tD
a higher Corh m tad Data Rate.
G. Anlerlont Dedicabad Internet Acom services are badled by ttte folbwbg Service Level Agreenwtt
(SLA).
99.9%SSmbm ANSIbbillly Gum antae
Amerlonts Service Avallebilky Guarardne Is to Wo the Amerlon Network which is from Amerion Gateway bo
Mnerion Gateway(as ddlned In the appkable Master Temps and Car>dtlorts)avallable 99.9%of the tine.
1828 W. Lewis street Page I or 1
Pasco, WA. 99301 $ 03
JUL-2?-2004 �13:46 AMERION IC � 509 5474463 P.13113
For eaM armulaljo haor 0f NmtwftUnWAjWNW or ffacton thereof In any caiendas'Mtdl,at 0JPtDrrte►`s
request 0AWmW*4cWw*shall be aafted for to pro-rated pipe Of the MW tdy Rear"
(HW)far the!xrviee v tt ttispect to vfth a Servo AveNabNKV Guarantee his riot been mek for the
mono in whkh the Service AvallabM W Guarareee has not beak met, In aeoordarrce with the chart below:
r 'g ,
<10 IMAM me ere"
10 wdow e-2 haws 3% LWC
II 2 hours-4 Mrs s%MRC
4 boors•12 hours 10%MRC
is hous•R0 hours 19% MRC
20 boors-34 burrs 30%MRC
F
s 24 hors 28% MRC
At Customer's requesk A mim will akulo omimmer's-Servke unwaROWty"In a calerdar month.
`Service Unavallab W cafes to arN outage reported by the Custorrrer within 48 hours of outage in oem of
the riurrew of mbMa do the Amertort Netwode or Aumt rradaad ckcult In the oxvigumA United States
was not available to the C k mar,arhd IrttUtes unavallabi8ty associated with any rxtsdm&*Dd or fallure to
notify netvrark mallitettance.
• Service Availibtllity Is cabA tad from the ingress of the Ame'ton Network to the egress of the
Amerlon Network.
• Outage must be reported to and corgi med by Amerirm Customer Service.
• Servioe Ura vallabW/covers any oubW amodated with Cus omWs access pat to Amnion's
Internet raboark and smadkV amuse the Amerion Ltternet nebmt
• Service boas clot kck*outagn atsodated with Kheduled malntdwrce everft Cusbxm
_outages or dknjpftu,,the ,
camparries, dedriftpi pa41b:aatWed�mco"gmrtes a bwl ac=s centrolW y
OUW aarnpanles.
x
uriwr:
1828 W. Lawns Street Pape 2 of 2 423600
Pasco, WA. 99301 Ver, 5-28.03
TOTAL P.13
JUL-27-2004340 FRION LLB h± 509 54T4463wP �2/3
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OFSERNCE TERM OF CONTRACT
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OFFICERRW a DATE
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wRRaNw,e. is PACHMIRTARY AND COOMP09KMAL