Verizon/City Yard DSL 00This Master Agreement between GTE .Net LLC d/b/a Verizon Internet Solutions a Delaware Limited Liability Company ("we",
"Verizon") and the Customer identified below ("you") includes the attached Service Quotation(s) (collectively "Master Agreement")
together with any additional Service Quotations agreed to in writing in the future.
1. Services. We will provide you the Verizon Online Services
('Service') indicated in the Service Quotation(s) ("Quotation').
The Service Period and fees for the Service are described in the
Quotation. Our commencement of providing any of the Services
to you as described in the Quotation shall constitute our acceptance
of this Master Agreement
2. Service Description. Verizon Online Services provides you with
access to the Internet Further details of the Services are set forth
in the Service Description for the version of the Service you have
selected, as indicated on the attached Quotation. Service
Descriptions are available from your sales representative.
3. Prices. Prices are stated in the Quotation and are guaranteed for
the Term stated in the Quotation. If any of the Services are on a
month -to -month basis, we will give you at leastthirty (30) days
prior notice of a price change. You are responsible for all
applicable taxes, tariffs, telecommunications surcharges or other
governmental charges due on accowrt of the Services.
4. Payment Unless otherwise stated in,a Quotation, we will invoice
you monthly. Payment is due upon receipt of invoice and shall be
U.S. currency. A payment received thirty (30) days after the
invoice date is considered past due. For overdue invoices, you will
pay interest of 1.5% for each month or part of a month (or the
maximum allowed by law, whichever is less).
5. Our Responsibility. We are responsible for providing the DSL
Services by qualified personnel in accordance with generally
recognized industry standards. WE DISCLAIM ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE.
6. Your Responsibility. You are responsible for the manner in
which you use the Services, including the maintenance and
security of your data, software, computer network and other
facilities; your choice of equipment, software and online content;
and all other matters related to how you access and use the
Services. Unless expressly permitted by a Quotation or separate
reseller agreementwith us, you shall notresell Services, or access
to Services, directly or indirectly to third parties.
7. Indemnification. We will indemnify you for damages, costs and
attorneys fees you incur from any claim that our Services infringes
any U.S. patent, copyright trademark, trade secret or other
intellectual property right of a third party. You will indemnify us
for damages, costs and attorneys fees we incur from any claim
arising from your manner of using of the Services, your
combination of the Services with other products or services not
provided by us, or your modification of the Services. The
indemnifying party shall conduct the defense and shall have
control of the litigation and settemeut, if any; the other party shall
give prompt notice of all claims and shall cooperate in defending
against the claim THE PARTIES DISCLAIM ANY
WARRANTY OF NON -INFRINGEMENT, RELYING INSTEAD
ON THE TERMS OF THIS SECTION.
8. Compliance with Laws. You are responsible for all use of the
Service under your account You shall not use or permit your end
users to use the Services in ways that violate laws or our
Acceptable Use Policy which is published on our web site at
http://www.gte.nevhodW&policies/acceptable&trrd, infringe the
rights of others, or interfere with users of our network or other
networks. For example, you shall not distribute chain letters or
unsolicited bulk electronic mail Cpamming"); propagate
computer worms or viruses; use a false identity; attempt to gain
unauthorized entry to any site or network; distribute child
pornography, obscenity or defamatory material over the Internet;
or infringe copyrights, trademarks or other intellectual property
rights. You further agree to comply with U.S. export laws
concerning the transmission of technical data and other regulated
materials via the Services.
9. Termination. Either party may terminate or cancel this
Agreement if the other fails to cure a material breach of the
Agreement within thirty (30) days after receiving written notice of
the breach. We reserve the right, but assume no obligation, to
suspend performance immediately if you are more than thirty (30)
days overdue in payments or ff in our reasonable judgment, you
have violated Sections 9 or 8, including our Acceptable Use
Policy.
10. Limitation of Liability. EXCEPT FOR (A)
INDEMNIFICATIONS PURSUANT TO SECTION 7, (B)
BREACH OF ANY CONFIDENTIALITY OBLIGATIONS
STATED IN A SERVICE QUOTATION, AND (C) BREACHES
BY YOU OF LICENSE TERMS APPLICABLE TO VERIZON-
PROVIDED SOFTWARE, NEITHER PARTY (NOR ITS
SUPPLIERS OR CUSTOMERS) SHALL BE LIABLE TO THE
OTHER PARTY FOR PUNITIVE, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES
INCLUDING WITHOUT LIMITATION, LOST PROFITS OR
LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE
OR INABILITY TO USE SERVICES, EVEN IF THE PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
11. Limitation of Damages. OUR AGGREGATE LIABILITY TO
YOU RELATING TO OR ARISING OUT OF THIS
AGREEMENT, WHETHER IN CONTRACT, TORT OR
OTHERWISE, SHALL NOT EXCEED (a) THE TOTAL
AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN
QUESTION, DURING THE ONE-YEAR PERIOD
D&JEDIATELY PRECEDING THE EVENT WHICH GAVE
RISE TO YOUR CLAIMS OR (b) $100,000, WHICHEVER IS
LESS.
12. Renewal We encourage you to contact us by calling: 1-877-483-
1794 prior to the expiration of the then -current Service Period to
1%erican Online: tien,icec Page I of 6 Sjmcwl0"far
renew the Service for an additional term of one year or more. If
the Service Period expires beforeit has been renewed in writing,
then we may continue to provide you with the Service on a month -
to -month basis, at our then-curredrt undiscounted list prices, until
the Service Period has been renewed in writing.
13. Service Cancellation. You may cancel the Service at any time by
providing us thirty (30) days priorwtitten notice. In the event you
wish to cancel your Service as sot forth in the applicable Service
Quotation, please contact us at 1.877/483-8204. If you cancel
during a Service Period, you agree to pay us (a) all Service fees
accrued as of the cancellation dote and (b) a termination charge
equal to the applicable monthly mate times the number of months
remaining in the Service Period. You are responsible in all events
for the full amount of telephone company circuit cancellation
charges incurred by you as a result of your cancellation.
14. Domain Name Fees. All fees associated with domain name
registration and periodic maintenance of domain names are your
responsibility. The registrar or we on registrar's behalf will bill
such fees directly to you. Such fees are not included in the prices
for the Service.
15. Software We Provide. In the event we provide any software to
you in connection with Service, we grant you a personal, non-
exclusive, non -transferable license for the duration of the Service
Period, to use such software in object code form only, for the sole
purpose of enabling you to access and use the Service. You
acknowledge that the software is copyrighted, that title to such
software remains with us and our suppliers, if any, and that the
content and design of such so are are valuable trade secrets.
You are authorized to make one copy of the Software for backup
purposes only. You agree not to (a) disclose or make available to
third parties any portion of such software without our advance
written permission; (b) fivlher copy or duplicate such software; (c)
reverse engineer, decompile or disassemble such software; (d)
make derivative works from such software; or (e) modify such
software. YOU ACKNOWL KIE THAT OUR THIRD PARTY
SOFTWARE SUPPLIERS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN UDTNG ANY WARRANTIES
OF MERCHANTABILITY, FOR A PARTICULAR
PURPOSE, OR 3
16. IP Addresses. Upon expiration, cancellation or termination of the
Agreement or applicable Quotation, you shall relinquish any IP
addresses or address blocks assigned to you by us.
17. Acceptable Use. You agree to use the Service in accordance with
our Acceptable Use Policy. Our current Acceptable Use Policy is
published on our web site at
lrtto'J/www.ate.neyhotlinks/t)oliciestacantable/Nmi. We reserve
the right to make reasonable changes to our Acceptable Use Policy
at any time, with or without prior notice.
M Force Majeum If the performance of any obligation hereunder is
interfered with by reason of any circumstance beyond our
reasonable control, including but not limited to acts of God, labor
strikes and other labor disturbances, power surges or failures, or
the act or omission of any third party, we shall be excused from
such performance to the extent necessary, provided that we shall
use reasonable efforts to remove such causes of nonperformance.
19. Miscellaneous. The temrs and conditions of this Agreement
supersede all previous agreements, proposals or representations
related to the Services. Except for assignments to Verizon
affiliates or to any entity that succeeds to the business of Vervon
in connection with a merger or acquisition, neither party may
assign this Agreement without the prior written consent of the
other party. This Agreement shall be governed by the substantive
laws of the State of Texas. Any changes to this Agreement, or any
additional or different terms in your purchase orders,
acknowledgments or other documents, will riot be effective unless
expressly agreed to in writing by us.
Verizon Omine Services Page 2 of 6 Special Q ter
EM
Please sign below to indi�ate your understanding and acceptance of the terms of this Master Agreement.
Name of Comnanv: ON of
Name . Phrilrshinn1e s i Thomas P . Genovese
Title=netqtt%,-C-4Y GIeW' City Manager
Date: 9/29/20a0
Vernon Online Services Page 3 of 6 Special Offer
Company
Name: City of LaQuinta
(Must be a
The Service Period shall co
"our", or "us") to you of the
commitment is one (1) year.
Choose One Order
company name as executed on Master
upon the provisioning by GTE.Net LLC d/b/a Verizon Internet Solutions ("we",
Online Services listed on this Service Quotation ("Quotation"). The Service Period
Service Period")
DSL Telephone Number 7607712069
(Quotation is void if omitted)
® New
❑ Upgrade
❑ Add
❑ Downgrade ($75 fee)
❑ Move ($75 fee)
Business DSL Service includes one (1) Static IP Address, the registration or transfer of one (1) Domain Name, and
Primary and Secondary Domain Name Service ("DNS") for one (1) Domain Name.
DSL Service
Speed Selected
Setup Charge
Monthly Charge
Silver (3
4K/384K)
Waived
$69.00
Optional Business DSL Services:
If you select Optional Business DSL Services, please indicate the desired quantity in the spacesprovided below.
(Blocks include the one (I) IP thaj comes with the Service)
IP Block Monthly Ch
❑ 5 Total $ 20
❑ 13 Total $ 50
❑ 29 Total $ 80
p 61 Total $120
p 125 Total $190
Quantity Re nested
IO tion
Business DSL Services
aEgM CharLe
Monthly Charge
0 (up to 50)
News A
cess
$20
$2 per user
0 1
Domain
Name Registration & DNS
Co limen
Complimentary
0 (2 to 4)
Additio
al Domain Name Registration & DNS
1 $20 per name
1 $15 per name
2. Outsourced E-Mail Service ("E-Mail"). We shall generally invoice you, separately, on a monthly basis,
based on the average number of ff ailboxes in service for the previous calendar month based on a snapshot of the daily
number of mailboxes in service (excluding any free E-Mail accounts).
Domain NameE-Mail Accounts.
❑ Yes, I want my five (5) Silver 1.0 Domain Name E-Mail accounts offered at no charge tome, now.
® No, I do not want my five (5) Silver 1.0 Domain Name E-Mail accounts offered tome at no charge.
❑ Please delay my five (5) Silver 1.0 Domain Name E-Mail accounts offered to me at no charge until a
later date.
1%err-on Online wen ices Page 4 of 6 Special 01 er
❑ Yes, I want additional Do
hereon. All such additional D
Service Level Guarantee set f
(5) Silver 1.0 Domain Name I
lain Name E-Mail accoi
imain Name E-Mail accounts will be provided to me in accordance with the
rth herein. Verizon will not provide the Sery ice Level Guarantee for the five
-Mail Accounts offered to me at no charge.
Mailbox Selection
Monthly Charge
Maximum
Total Monthly
Set-up Fee
Qty (#)
Charge
Outsourced E-Mail
$ 8.40
0
$ 0.00
Not Applicable
Silver 1.0: POP, 10 MB
Outsourced E-Mail
$ 9.80
0
$ 0.00
Not Applicable
Silver 1.0 Plus: POP, 25 MB
Outsourced E-Mail
$14.00
0
$ 0.00
of Applicable
Gold 1.0: IMAP, 25 MB
Outsourced E-Mail
$16.80
0
$ 0.00
Not Applicable
Gold 1.0 Plus: IMAP, 50 MB
Optional
$1.00-per-5 MB
0
$ 0.00
Not Applicable
Storage
Optional SSL
$2.00
0
$ o.00
Not Applicable
System Component
Monthly Charge
Maximum
Total Monthly
Set-up Fee
Qty (#)
Charge
Standard One-time
Not Applicable
Not Applicable
$3W
Set -Up Fee
Waived
Service valued at approximatey
and monthly charges spread ov4
"Personal Plan"). You will be
value than the Personal Plan set
❑ Yes, I want the "Special O
understand that this Web Hos
provisions set forth therein. I
accepts the Master Agreement
cancel any portion of the Sery
Offer shall be void.
Additional Information:
Offer good in commercially avai
available at the rates, speeds or l:
addition to charges stated in this
• Registration fees associated
• Local telephone line charge
• Equipment charges
• Installation support and relo
$ 0.00 S3"Waiwd
erce Service ("Web Hosting Service" ). We will provide to you Web Hosting
;200 (the "Special Offer"). This Special Offer includes a Set-up Fee valued at $50
a continuous six-month period equalling $149.70 for a total value of $199.70 (the
:sponsible for all fees and charges associated with Web Hosting Services of greater
-th herein.
of Web Hosting Service valued at approximately two hundred dollars ($200). I
Service is available to me under separate agreement and in accordance with the
understand that this Special Offer is only available to me after Verizon receives and
l applicable Quotation(s) in accordance with the terms listed herein. In the event I
provided to me under this Quotation during the Initial Service Period, the Special
areas only. You understand that the Service selected may not be commercially
idth set forth herein. Some telephone lines will not qualify for this Service. In
ation and related taxes, you are responsible for:
Domain Names
charges
i erizon Online Services Page 5 of 6 Speewl O�f'r
Monthly Charges (invoiced monthly,
One-time setup fees (invoiced at the
Applicable taxes (which are addition
Move Fees - Customer may relocate
additional one-time feeof$75.00. Th
This Quotation applies only fDr Versii
such service, which we may make ays
Additional Terms
(a)
The Quotation and all Sery
the Master Agreement for I
(b)
Final acceptance ofthis Qu
signed by you.
(c)
In the event that we are i
responsible for any and all
(d)
Service Level Guarantee to
Mail Services, and vve o
Guarantee'). A descr:
http://www.gte.net/pmds/bi
change, amend, or revise tJ
Guarantee, your warrantie
Service Level Guarantee fa
SERVICE LEVEL GUAP
OUT SOURCED E-MAIL!
(5) Silver 1.0 Domain Nam
(e)
Terms for the Special Offei
This SpecialOfferofWe
signed Quotation and Ms
received thereaffer will r
You may choose either t
currently offered by us.
you agree to pay all mon
Hosting Service account
The $199.70 value will
account, and
In the event you cancel t.
In order to qualify for thi
us are subject to the term
• You are responsible for
payable in advance ofservice
of activation and payable net 30-days)
its existing DSL Service as set forth in this Quotationto another gnali f ed Verizon service area r an
Service Period ofthis Quotation will not change as a result ofsuch relocation.
a 2.0 of Business DSL Service. This Quotation does not entitle you to any future versions or releases of
lable during the Service Period unless separately agreed to in writink the parties
that maybe provided pursuant to this Quotation are subject to the terms and conditions of
zon Online Services ("Master Agreement').
:ion by us is subject to credit check approval, and confirmation of a valid Master Agreement
cable to complete Service activation due to customer -imposed delays, youshall be fully
ervice chargesand cancellation fees accrued
E-Mail Service. We are commiltedto providing you with reliable, high quality Outsourced E-
Fer certain assurances about the quality of Outsourced E-Mail Services ('Service Level
ition of the current Service Level Guarantee is available on our web -site at
siness/outsourced_agreement.html or from your sales representative. We reserve the right to
e Service Level Guarantee at any time. In the event of any change in the Service Level
and/orremedies may change. The warranties and/or remedies described in thethen-current
the applicable Ott sourced E-Mail Service are your sole remedies under the Agreement. THIS
VNTEE IS THE SOLE AND EXCLUSIVE REMEDY FOR FAILURE OR DEFECT OF
ERVICE. Notwithstanding the above, this Service Level Guarantee is not provided forthe five
eE-Mail accounts offered to you at no charge.
of Web Hosting Services valued at approximately $200:
i Hosting Service is goodthrough October 31, 2000 and applies to this Quotation only. We must receive the
ter Agreement from you no later than October 31, 2000, at 7:00 PM Central Standard Time. Agreements
it qualify for this Special Offer; and
e Personal Plan valued at $199.70 OR you may apply the $199.70 towards any other Web Hosting Service
.11 Web Hosting Services have an Initial Service Period o£ither six (6) months or twelve (12) months and
hlyfees and charges remaining in the Service Petiodonce the $199.70 value has been applied to your Web
and
,e applied over a continuous six (6) month period and not in a "lump -sum' credit on your Web Hosting
Service, or any portion ofthe Service, during the Initial Service Period,this Special Offer will be void, and
Special OfferofWebHosting Services, you undeistandthat all Web Hosting Services provided to you by
and conditions ofour Master Agreement f r Web Hosting Services.
lated taxes in addition to other fees and charges stated inthis Quotation.
Billing address and contactin ormation:
Company Billing Address: P . O. BOX 1504
city La Quinta
Contact Name Phyllis
Please sign below to indicate yc
Company (Type or Print full Ent:
.kMust match
Print N
State CA zip Code 92253
Phone Number (760) 777-7010
r understanding and acceptance of the terms of thisAgreement
Name) City of LaQuinta
e cWpanyAme as executed on Master Agreement to be accepted.)
P.
� Date 9/29/2000
Genovese Title! City Manager
PLEASE FAX THE SIGNED MASTER AGREEMENT AND SERVICE QUOTATIONS TO:
Verizon Online Services Contract Department 650/416-2568
Perr-on Online Sen;ices` Page 6 of 6 S/tecfal Q1 er