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Date:
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<br />Printed Name:
<br />Signature:
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<br />CITY OF EVERETT
<br />Date:
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<br />Printed Name:
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<br />Ziply Fiber
<br />Terms and Conditions. Customer shall comply and shall cause all Service users to comply with terms and conditions as per the Ziply Fiber Services
<br />Agreement (“ZFSA”), which Ziply Fiber may modify at any time. The current T&C is available for review at the following address, subject to change:
<br />. Customer is responsible for maintaining awareness of the current ZFSA and adhering to the ZFSA as it may be amended fromhttps://ziplyfiber.com/zfsa
<br />time to time.
<br />Prior to, during and after the installation of requested services, Customer may choose to request that Ziply Fiber augment the original Service Order to
<br />provide additional services or remove services from the Service Order. Depending on the scope of the requested changes, verbal requests from the
<br />Customer will be acceptable in which case Ziply Fiber shall notify Customer of its acceptance of the requested changes via email. In some instances
<br />Ziply Fiber may require additional written authorization. All applicable charges resulting from changes requested by the Customer, whether written or
<br />verbal are the responsibility of the Customer and shall be deemed to be part of the Service Order and subject to its Terms and Conditions.
<br />Service Level Agreement. The Service Level Agreement for Business Services is available for review at: https://ziplyfiber.com/sla
<br />Internet Acceptable Use Policy and Security. Customer shall comply, and shall cause all Service users to comply, with Ziply Fiber’s Acceptable Use
<br />Policy (“AUP”), which Ziply Fiber may modify at any time. The current AUP is available for review at the following address, subject to change:
<br />. Customer is responsible for maintaining awareness of the current AUP and adhering to the AUP as it mayhttps://ziplyfiber.com/policies/commercial_aup
<br />be amended from time to time. Failure to comply with the AUP is grounds for immediate suspension or termination of Ziply Fiber Internet Service,
<br />notwithstanding any notice requirement provisions of the ZFSA. Customer is responsible for the security of its own networks, equipment, hardware,
<br />software and software applications. Abuse that occurs as a result of Customer’s systems or account being compromised or as a result of activities of third
<br />parties permitted by Customer may result in suspension of Customer’s accounts or Internet access by Ziply Fiber. Customer will defend and indemnify
<br />Ziply Fiber and its affiliates with respect to claims arising from Customer’s or third parties’ usage of Ziply Fiber Internet access through Customer’s
<br />hardware or software.
<br />Privacy Policy. The Privacy policy for Business Services is available for review at: https://ziplyfiber.com/corporate/privacy-policy.
<br />Cancellation and Early Termination Charges. Customer may terminate a Service or Equipment by providing at least thirty (30) days prior written notice
<br />to Ziply Fiber subject to the terms and conditions of service termination policies at: .https://ziplyfiber.com/zfsa
<br />Dispute Resolution. All disputes arising in connection with this ZFSA shall first be resolved through good faith negotiation pursuant to the language at:
<br />.https://ziplyfiber.com/zfsa
<br /> This Schedule is not effective, and pricing, dates and terms are subject to change until signed by both parties and may not be effective until approved by
<br />the FCC and/or applicable State Commission. This Schedule and any of the provisions hereof may be modified in any manner except by mutual writtennot
<br />agreement. The above rates do not include any taxes, fees or surcharges applicable to the Service. This Schedule, and all terms and conditions of the ZFSA,
<br />is the entire agreement between the parties with respect to the Services described herein, and supersedes any and all prior or contemporaneous agreements,
<br />representations, statements, negotiations, and undertakings written or oral with respect to the subject matter hereof.
<br />3. a.
<br />b.
<br />c.
<br />d.
<br />911 service is offered solely as an aid in contacting an appropriate PSAP in connection with fire, police and other emergencies. ZIPLY
<br />FIBER IS NOT RESPONSIBLE FOR ANY LOSSES, CLAIMS, DEMANDS, SUITS OR ANY LIABILITY WHATSOEVER, WHETHER
<br />SUFFERED, MADE, INSTITUTED OR ASSERTED BY CUSTOMER OR BY ANY OTHER PARTY OR PERSON FOR ANY PERSONAL
<br />INJURY TO OR DEATH OF ANY PERSON OR PERSONS, AND FOR ANY LOSS, DAMAGE OR DESTRUCTION OF ANY PROPERTY,
<br />WHETHER OWNED BY CUSTOMER OR OTHERS, CAUSED OR CLAIMED TO HAVE BEEN CAUSED BY: (a) MISTAKES, OMISSIONS,
<br />INTERRUPTIONS, DELAYS, ERRORS OR OTHER DEFECTS IN THE PROVISION OF EMERGENCY 911 SERVICE, OR (b)
<br />INSTALLATION, OPERATION, FAILURE TO OPERATE, MAINTENANCE, REMOVAL, PRESENCE, CONDITION, LOCATION OR USE
<br />OF ANY EQUIPMENT AND FACILITIES FURNISHING THIS SERVICE, OR (c) CUSTOMER’S FAILURE TO NOTIFY ZIPLY FIBER WHEN
<br />A PHONE IS MOVED IN A TIMELY MANNER.
<br />ZIPLY FIBER IS NOT RESPONSIBLE FOR ANY INFRINGEMENT OR INVASION OF THE RIGHT OF PRIVACY OF ANY PERSON OR
<br />PERSONS, CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INSTALLATION, OPERATION,
<br />FAILURE TO OPERATE, MAINTENANCE, REMOVAL, PRESENCE, CONDITION, OCCASION OR USE OF EMERGENCY 911 SERVICE
<br />AND THE EQUIPMENT ASSOCIATED THEREWITH, OR BY ANY SERVICES FURNISHED BY ZIPLY FIBER INCLUDING, BUT NOT
<br />LIMITED TO, THE IDENTIFICATION OF THE TELEPHONE NUMBER, ADDRESS OR NAME ASSOCIATED WITH THE PHONE USED
<br />BY THE PARTY OR PARTIES ACCESSING EMERGENCY 911 SERVICE, AND WHICH ARISE OUT OF THE NEGLIGENCE OR OTHER
<br />WRONGFUL ACT OF ZIPLY FIBER, CUSTOMER, ITS SERVICE USERS, AGENCIES OR MUNICIPALITIES, OR THE EMPLOYEES OR
<br />AGENTS OF ANY ONE OF THEM.
<br />Customer specifically acknowledges receipt of and understanding of these limitations on emergency calling capabilities. Customer
<br />shall defend, indemnify and hold harmless Ziply Fiber from any loss, cost, expense or liability arising from or in any way related to
<br />Customer’s failure to provide the required notices, or otherwise related to any use of E-911 Services, not caused by the negligence
<br />or willful misconduct of Ziply Fiber.
<br />Cassie Franklin
<br />Mayor
<br />Cassie Franklin
<br />05/04/2023
<br />Attest: City Clerk 5/4/2023
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