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''USSIGNAL
<br />invoice, and (c) negotiates in good falih with US Signal for the purpose. of rosolving such dispute in a timely manner, US
<br />Signal shall riot be obligated to consider any (:''ustomer nollco of any milling discrepancies which are received by US Signal
<br />after the Review Date or to an address other than the Dispute Email Address identified herein_ If payment has not been
<br />received within thirty (30) days from the invoice date, US Signal will notify Customer that if payment is not received within
<br />five (5) days, then US Signal shall have the right to terminate this Agreement for cause and the Services will be
<br />disconnected at a certain time on a certain date. A late charge will be applied to Customer's invoice for all outstanding
<br />amounts owed beyond the true Dale. Late charge will equal the lesser of 1.5% of the outstanding charges or the maximum
<br />amount allowed by law. In the event a payment is received by US Signal and is returned by insufficient funds or bank
<br />charges, Customer will reimburse US Signal for all associated processing charges as well as an applicable late charge. in
<br />the event that non -disputed payments are received late or returned by Insufficient funds more than three (3) times during any
<br />twelve (12) month period„ US Signal may require Customer to establish a deposit or pay with guaranteed funds. In the event
<br />Customer participates In either the, 1) Dural health Care; or 2) Schools and Libraries Program ("E-Rate Program"),
<br />Custorner may be eligible for a monetary reimbursement according to time rules and regulations administered by the
<br />Universal Service Administrative Company ("USAC"). Although the E-Rate Program allows for two (2) reimbursement
<br />moWwdsw 1) Service Provider Invoice ("SPI'% or 2) Billed Entity Applicant Relmbursement ("BEAN"), the partimts acknowledge
<br />and agree to utilize the BEAR process lhroughmit the SI`I% and any renewal terms thereafter.
<br />Section 3.3 Taxes,
<br />US Signal shall charge Customer for any and all applicable fees, taxes or surcharges (however designated) which are levied
<br />as a direct result of Customer's purchase of Services under this Agreement, unless Customer has provided US Signal a valid
<br />tax exemption certificate reasonably acceptable to US Signal. Customer is responsible for all taxes up until the time a valid
<br />tax exemption certificate is provided" If Customer fails to maintain the required tax exemption certificate(s), US Signal shall
<br />back -bill Customer for all applicable taxes.
<br />Section 3A Creditworthiness_
<br />Delivery of the Services is subject to the continuing approval of Customers creditworthiness, if necessary, US Signal may
<br />require a cash deposit, the terms of which will be subject to mutual written agreement.
<br />ARTICLE 4
<br />ADDITIONAL, OBLIGATIONS
<br />Section 4.1 Acceptable Use Policy ("AUP").
<br />Customer agrees to not use, nor shall it permit others to use, the Services for., (a) any unlawful, immoral, Invasive. infringing,
<br />defamatory, fraudulent, or obscene purpose; (b) to send email of any kind that does not adhere to the guidelines set forth
<br />under the CAN-SPAM Act of 2003; (c) to send any virus, worm, Trojan horse or harmful code or attachment; (d) to alter,
<br />steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network so as
<br />to interfere with the use of the US Signal network by other customers or authorized users; and (a) in a manner which may
<br />expose US Signal to any criminal or civil liability„ If Customer, or a third party through Customer, violates any of the
<br />foregoing prohibitions, US Signal may immediately suspend the Services andfor terminate this Agreement for cause and
<br />without further liability or obligation to Customer Customer shall cooperate with US Signal in investigating and correcting arty
<br />,apparent breach of this Acceptable Use Policy, Customer shall be solely responsible for any material that It maintains"
<br />transmits, downloads, views, posts, distributes or otherwise ,accesses or makes available using than Services. If a violation of
<br />this AUP is determined to be caused by an unrelated third party, for Insta, nce a denial -of -service ('DoS") attack or distributed
<br />denial -of -service ("DDW), then US Signal may need to take immediate action to manage its network for the service
<br />availability of all its customers. Such action may include blocking certain traffic, re-rouling of traffic or suspension of a
<br />Service.
<br />Section 4.2 Equipment, Hardware and Software.
<br />Any equipment US Signal installs or utilizes for the provisioning of the Services Is owned by US Signal" For the sole purpose
<br />of enabling Customer to use Services, US Signal grants to Customer a non-exclusive and non -transferable license to use
<br />software that may be provided with or included in the Services. US Signal or its suppliers retain title and property rights to
<br />US Signal -provided software and equipment, whether or not it is embedded in or attached to really. Customer neither owns
<br />nor will it acquire any claim or right of ownership to (a) any US Signal -provided equipment not purchased by Customer; (b)
<br />any software (Including the original media and all subsequent copies of the software,. regardless of the ntedla's form,
<br />including product keys provided by third parties whereby the keys are for Customer's exclusive use and continued use of
<br />Proprietary & Ccmfidential Page 3 of 7 City of South Send - Water Works 110218 - R
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