Verizon/Senior Center DSL 02Master Agreement for
Verizon Online Services
we"Zoww'J"
Contract ID# 3034152
Customer Name City of LaQuinta
Rev: October 04, 2001
This 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", "Company") includes the attached Service Schedules and Service Quotations (collewily "Schedules")
together with any additional Schedules mutually agreedto in writing in the future.
1. Services. We will provide you the Verizon services specified in the Schedules(s) ("Service"). Our commencement of providing any of the
Services to you shall constitute our acceptance of this Master Agreement.
2. Prices. Prices are stated in the Schedule and are guaranteed for the Service Period stated in the Schedule. If any of the Services are on a
month -to -month basis, we will give you at least thirty (39 calendar days prior notice of a price change. You are responsible for all charges
associated with the Service and rate plan selected, including applicable GSP charges for Internet transport as set forth in section 17, taxes,
usage charges, tariffs, telecommunications surcharges or other applicable governmental charges due on account of the Services.
3. Payment. Unless otherwise stated in a Schedule, we will invoice you monthly. Payment is due upon receipt of invoice and shall be made
in 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 interest allowed by law, whichever is less). Verizon may assign unpaid
delinquent charges to a collection agency for action. If Verizon resorts to legal action to recover monies due, Customer agrees to reimburse
Verizon for all expenses incurred to recover such monies (including attorney's fees.) Customer authorizes Verizobconduct acw&search
which Verizon will use to determine the credit worthiness of the Customer. Verizon may terminate this Agreement if, in the sole opinion of
Verizon, the results of such search are deemed unacceptable.
4. Our Responsibility. We are responsible for providing the Service by qualified personnel in accordance with generally recognized industry
standards. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, WE DISCLAIM ANY AND ALL OTHER
REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING,
CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE KNEW OR SHOULD HAVE KNOWN SUCH PURPOSE) AND
NONINFRINGEMENT.. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND
THAT THE SPEED AND UNINTERRUPTED USE OF THE SERVICE ARE NOT GURANTEED.
5. Your Responsibility. You are responsible for the manner in which you use the Service, including the policies an4rocedruesyouestd sh
to protect the 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 Service. You agree to providus with the access and support required to allow
us to implement, maintain and provide the Services. Unless expressly permitted by a Schedule or separate reseller agreement with us, you
shall not resell Service, or access to Service, directly or indirectly to third parties.
6. Indemnification. We will indemnify you for damages, costs, liabilities and attorneys fees you incur from any claim that our Service
infringes any U.S. patent, copyright, trademark, trade secret or other intellectual property right oid*dpartyand/crunderU.S.Law. You
will indemnify us for damages, costs, liabilities and attorneys fees we incur from any claim arising from your use of the Services (including
without limitation, violations of copyrights or other intellectual proprty rights of others), 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 settlement,if any. As a condition of indemnification, the indemnified party shall give prompt notice of all
claims and shall cooperate in defending against the claim. THE PARTIES DISCLAIM ANY IMPLIED WARRANTY OF NON -
INFRINGEMENT, RELYING INSTEAD ON THE TERMS OF THISSECTION.
7. Compliance with Laws. You are responsible for all use of the Service under your account. You shall not use or permit others to use the
Service in ways that violate any law or applicable regulations, or our Acceptable Use Policy ("AUP") which ipublishedonourvebsite ai
http://www.gte.net/hotlinks/policies/acceptable.htrnl, infringe the rights of others, or interfere with the users, services, or equipment of our
network or other networks or our other policies set forth at http://www.gte.net/hdinks/policies/polindexhtml. For example, you shallnoi
distribute unsolicited advertising, chain letters or unsolicited bulk electronic mail ("spamming"); propagate computer worms, destructive
programs or denial of service attacks or viruses; use a Use identity; attempt to gain unauthorized entry to other computers, data or 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 Service. If the Service is provisioned outside the U.S., you agree to abide by all applicable local laws and
regulations, including without limitation any laws governing the import of the Service. We reserve the right to suspend or terminate the
Service (or any portion thereof) without notice in the event that your use of the Service, in our reasonable judgment violates anypplicable
export law, local law, regulation or ordinance, or the terms of this Agreement or our AUP. We will also terminate your Service if you are
determined to be a repeat Infringer of the copyright of others according to our appropriate policy regariaig repeat infringement.
8. Software Provided. In the event Verizon provides any software to you in connection with the Services, we grant you a personal, non-
exclusive, nontransferable license, for the duration of the Service Period, to use such softwarein object code form only on the hardware on
which it is installed for the sole purpose of enabling you to use the Service. You acknowledge that the software is copyrighted, that title to
such software, including any tangible media by which the software was transferred to you, remains with us or our suppliers, and that the
content and design of such software 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 avalable to third parties any portion of such software without our advance written permission;
(b) further 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 ACKNOWLEDGE THAT WE AND OUR THIRD PARTY SOFTWARE SUPPLIERS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU FURTHER UNDERSTAND AND A(REETHAT WE DO NOT
GUARANTEE, AND SPECIFICALLY DISCLAIM ALL LIABILITY RELATING TO, THE PERFORMANCE OF ANY THIRD PARTY
SOFTWARE WE PROVIDE TO YOU.
Master Agreenieiit for Verizon Services -last Page 1 of 3 Rev, 0.1`0 110 1
Master Agreement for
Verizon Online Services
Contract ID# 3034152
Customer Name City of LaQuinta
Rev: October 04, 2001
9. Return of Equipment and Software. If applicable, upon termination or expiration of the Service Period (unless extended by both parties),
you agree to return to us all hardware and software (other than hardware and software which you have purchased from u)wehaw
provided to you in connection with the Service. In the event such hardware and software is not returned to us within thirty (30) calendar
days following such termination or expiration, we will charge you the undepreciated list price of thunretwiedhardwane and softwexe, in
addition to all applicable late return fees.
10. Termination for Default. Either party may terminate or cancel this Master Agreement if the other fails to cure a material breach of the
Master Agreement within thirty (30 calendar 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) calendar days overdue in payments or if, in our reasonable
judgment, you have violated any provision of this Master Agreement, including our AUP.
11. Resolution of Disputes.
(a) The parties desire to resolve disputes arising out of this Master Agreement without litigation. Accordingly, exceptcfaaronseekaigE
temporary restraining order or injunction related to the purposes of this Master Agreement, or suit to compel compliance with this dispute
resolution process, the parties agree to use the following alternative dispute resolution procedre as their sole remedy with respect to any
controversy or claim arising out of or relating to this Master Agreement or its breach.
(b) At the written request of a party, each party will appoint a knowledgeable, respmsiblerepresentative tomeet and negotiate ingood
faith to resolve any dispute arising under this Master Agreement. The parties intend that these negotiations be conducted by nohmyer
business representatives. The location, format, frequency, duratin, and conclusion ofthese discussions shall be left to the discretion of the
representatives. Upon agreement, the representatives may utilize other alternative dispute resolution procedures such as mediation to assist
in the negotiations. Discussions and correspondence among the representatives for purposes of these negotiations shall be treated as
confidential information developed for purposes of settlement, exempt from discovery and production, which shall not be admissible in the
arbitration described below or in any lawsuit without the concurrence of all parties. Documents identified in or provided with such
communications that are not prepared for purposes of the negotiations are not so exempted and may, if otherwise admissible, be admitted in
evidence in the arbitration or lawsuit.
(c) If the negotiations do not resolve the dispute within sixty (60) calendar days of the initial written request, the dispute shall be
submitted to binding arbitration by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration
Association. A party may demand such arbitration in accordance with the procedures set out in those rules. Discovery shall be controlled by
the arbitrator and shall be permitted to the extent set out in this section. Each party may submit in writing to a party, and that party shall so
respond, to a maximum of any combination of twenty€ive (25) (none of which may have subparts) of the following: interrogatories,
demands to produce documents and requests for admission. Each party is also entitled to take the oral deposition of one (1) individual
representing another party. Additional discovery may be permitted upon mutual agreement of the parties. The arbitration heariWIx
commenced within sixty (60) calendar days of the demand for arbitration. The arbitration shall be held in Fairfax County of the
Commonwealth of Virginia. The arbitrator shall control the scheduling so as to process the matter expeditiously. Tdparties may submi
written briefs. The arbitrator shall rule on the dispute by issuing a written opinion within thirty (30) calendar days after the close of
hearings. The times specified in this section maybe changed upon mutual agreement of the parts or by the arbitratorupon a showing oi
good cause. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
(d) Each party shall bear its own costs of these procedures. A party seeking discovery shall reimbrse the responding party the costs of
production of documents (to include reasonable search time and reproduction costs). The parties shall equally split the fees of the
arbitration and the arbitrator.
12. Limitation of Liability. EXCEPT FOR (A) INDEMNIFICATIONS PURSUANT TO SECTION 6 ABOVE, (B) BREACH OF ANY
CONFIDENTIALITY OBLIGATIONS MADE PART OF THIS AGREEMENT, 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 POSSIHLITY OF SUCH DAMAGES.
Blaster Agreement for Verizon Services -West Page 2 of 3 Rev. 09 "01'1 r 1 pZ
Master Agreement for
Verizon Online Service
Contract ID# 30341
Customer Name City of LaQuinta
Rev: October 04, 2001
13. Limitation of Damages. OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT
LIMITED TO, ANY FAILURE OR DISRUPTION OF SERVICES PROVIDED UNDER THIS AGREEMENT, REGARDLESS OF
THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LM=D TO AN AMOUNT
EQUIVALENT TO CHARGES PAID BY YOU UNDER THE APPLICABLE SERVICE AGREEMENT DURING THE PERIODS
WHEN SUCH CLAIM AROSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN THESE JURISDICTIONS OUR
LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. Update of Services. Verizon reserves the right to make changes to Service components if such components are no longer suppordby
us. If such a change adversely affects your use of the Service, and we cannot reasonably mitigate the impact, then you may terminate the
Service without further obligation.
15. IP Addresses and Domain Name Registration. Upon expiration, cancellation crtmniiatienoftheNtasterAgr=ettoranapphcable
Schedule, you shall relinquish any IP addresses or address blocks assigned to you by us. If we deem it necessary for technical reasons,
you may be required to renumber the IP addresses assigned to yotby us. 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.
16. Force Majeure. 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 ofadures, orthe actorornission
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.
17. Global Service Provider. This Section applies to Customers who access the Service in the following States: Delaware, Maryland, Maine,
New Hampshire, New Jersey, Rhode Island, Virginia, Vermont, West Virginia and the District of Columbia. A Global Service Provider
("GSP") will provide the interLATA potion of the selected Service and Customer's connection with the Internet for Customer's use of
the Service. The GSP is not affiliated with Verizon and independently establishes the charges (terms and conditions) for its service to the
Customer. Verizon serves as the billing agent for GSPs and will include the GSP charges in Customers bill for Services and will facilitate
the GSP registration process for Customer. If applicable, Customer agrees to select a GSP from the list provided on the Service Quotatiu
for connection to the Internet prior to the initiation of Service hereunder. Customer agrees to pay all charges related to such connection,
with no right of set-off. Such changes may appear on Customer's Verizon bill if Verizon provides billing servicxonbehalf ofsuch
carrier.
18. Publicity. Customer shall not use any trademark, trade name, trade dress or any name, picture or logo which is commonly identified with
Verizon or its affiliates, or from which any association with Verizon, or its afFiliatesmaybeinfetredorimplied, inanymanner, including
but not limited to advertising, sales, promotions, press releases or otherwise, without the prior written permission of Verizon.
19. Miscellaneous. The terms and conditions of this Master Agreement supersed all previous agreements, proposals or representations
related to the Service. You may not assign this Master Agreement without our prior written consent. We may freely assign this Master
Agreement. This Master Agreement shall be governed by the laws ofhe State of Texas without regard to its conflicts of laws rules. Any
changes to this Agreement, or any additional or different terms in your purchase orders, acknowledgments or other documents, will not be
effective unless expressly agreed to in writingby us. Any notices or demands or other communications which under the terms of this
Agreement or under any statute must or may be given or made by either party shall be in writing to the respective parties as set forth
herein. Notices to us shall be to the attention ofthe Legal Department. Either party may change the notice address or addressee by giving
notice thereof to the other party. Notices may be given to the address* listed below by first class U.S. mail, or nationally recognized
overnight express courier. Notices shall be deemed to have been given on receipt if delivered by overnight express courier or three (3)
days after delivery to the United States Postal Service if mailed. If any of the terms or conditions in this agreement are propeylfoundto
be invalid or unenforceable by a government body, the remaining terms or conditions of this agreement shall not be affected by the
finding and shall continue to apply as necessary to reflect the original intention of the parties. Verizon's faike at anytime to enforce any
provision of this Master Agreement or any right or remedy available hereunder or at law or equity, or to exercise any option herein
provided shall in no way be construed to be a waiver of such provision, right, remedy or optic or in any otherway affeathe validity of
this Agreement. The exercise by Verizon of any rights, remedies or options provided hereunder or at law or equity shall not preclude or
prejudice Verizon from exercising thereafter the same or any other rightsDr remedies or options.
*GTE.Net LLC d/b/a Verizon Internet Solutions
4055 Corporate Drive, Suite 400
Grapevine, Texas 76051
INIaster Agreement for Verizon Services -West. Page 3 of 3 l:.:v,0911011/01 3
Service Quotation for
Verizon Online Services
Contract ID# 30341521
Customer Name City of LaQuinta
Expiration Date: February 28, 2002 at 7:00 PM CST
The Service Period shall commence upon the provisioning by GTE.Net LLC d/b/a Verizon Internet Solutions ('Verizon", "we", "our",
or "us") to you ("Company") of the Verizon Online Services selected on this Service Quotation ("Quotation").
Verizon Online Business DSL Service ("DSL Service"). We will provide to you savings on our DSL Service when you
purchase the DSL Service selected herein (the "Offer"). This Offer includes, one (1) discounted DSL modem (retail value
of approximately $199), and six (6) Bronze -level Outsourced Email accounts (retail value of $36/per month), plus the set
up fee (valued at $300). You will be responsible for all DSL Service fees and charges in excess of the Offer set forth
herein. The Service commitment for the DSL Service selected herein is one (1) year from the commencement of service
(the "Initial Service Period).
DSL Telephone Number 7605646486
(Quotation is void if omitted)
Company's location and/or identification #
(Optional. Not Applicable in all circumstances)
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, and six (6) Bronze level Outsourced
Email Accounts.
Description of Service
Set-up Charge
Monthly Charges
Maximum Downstream/Upstream Connection Speed up to 768K/128K
$60.00
$ 69.95
(See Service Description for more information
-includes Telco related circuit charges)
Waived
$199.00
DSL Modem
Discounted to
N/A
$99.00
Quanta
Requested
Static IP Blocks
Setuo
Charge/One-
timp hap
Monthly Char^
5 Total
IP Blocks include the one (1)Static IP that comes with the
Not applicable
$ 20 per IP Block
13 Total
Service
Not applicable
$ 50 per IP Block
29 Total
Not applicable
$ 80 per IP Block
61 Total
125 Total
Not applicable
Not applicable
$120 per IP Block
$190 De IP Block
Yes.
Truck roll -out for Onsite Installation of DSL Service
$150
Not Applicable
Please
Includes installation of one (1) jack, splitter at the NID, if
Provision.
required; insider wiring (up to 100 feet); and modem set-
® No.
up.
Decline
0
News Access Service
$20
$2 per user
Domain Name Service:
Complimentary
Complimentary
Transfer of your existing Domain Name to us and/or
0
handling of a new registration request with Registrar.
Complimentary administrative service does not include
applicable Registrar Fees. (One Domain Name per
account is included),
Transfer of additional Domain Names to us and/or
$20 per name
$15 per name
handling additional new registration requests with
Registrar (up to 4 additional domain names). Includes
0
Primary and Secondary DNS. Registrar Fees not
included.
DSL Routers (referred to herein as Customer Premise
&A=
Monthly Chacge
Quan�
Equipment ("CPE")) — Contact your Sales Representative
rhargP/QnA-
for more information regarding CPE listed below.
4-Port Linksys Router Model #BEFSR4
time fee
$129.95
Not applicable
❑
Discounted to
Verizoll 0111ine Set -vice Quotation Page 1 of 3 e x P 02",128/02
Service Quotation for
Verizon Online Services
Contract ID# 3034152
Customer Name City of LaQuinta
Expiration Date: February 28, 2002 at 7.00 PM CST
2. Verizon Online Outsourced E-Mail Service("E-Mail Service"). We will provide to you savings on our E-Mail Service when
you purchase the DSL Service selected herein (the "Offer"). This Offer includes a 30% discount off the E-Mail Service
Monthly Charges ("MRC") for additional Silver 1.0 and Gold 1.0 E-Mail Service accounts you purchase You will be
responsible for all E-Mail Services fees and charges in excess of the Offer savings set forth herein, including additonal
undiscounted Bronze 1.0 E-Mail Service accounts you purchase from us. The Service commitment for the E-Mail Service
selected herein is nnP W yr from the commencement of Service (the "Initial Service Period).
We will invoice you on a monthly basis, based on the average number of mailboxes in service for the previous calendar
month based on the daily number of mailboxes in service (excluding any E-Mail accounts provided to you at no charge).
Additional MB storage capacity is available at $1.00 per 5MB.
SSL service can be purchased at an additional cost of $2.00 per occurence.
There was no Managed Messaging requested with this order.
The remainder of this space is intentionally left blank
3. Shared Web Hosting Service ("Web Hosting Service". We will provide you savings on our Web Hosting Service, when you
purchase the DSL Service selected herein (the "Web Hosting Offer"). This Web Hosting Offer includes the first month of Web
Hosting Service at no charge, plus a one-time waiver of the Set-up Fee. Minimum term commitment of 1-year required. You
will be responsible for all Web Hosting Service fees and charges in excess of the Web Hosting Offer savings set forth herein.
The Service Period commitment and pricing information regarding the Web Hosting Offer will be provided to you under
separate cover via email notification when you register online for our Web Hosting Service.
Additional Information:
Offer good in commercially available areas only. You understand that the Services selected may not be commercially available al
the rates, speeds or bandwidth set forth herein. Some telephone lines will not qualify for DSL Service even after initial qualification.
Unless otherwise stated in the Quotation, in addition to charges stated in this Quotation and related taxes, if applicable, you are
responsible for:
• Registration fees associated with Domain Names
• Local telephone line charges
• Equipment and software charges
0 Installation support and related charges
• Monthly Charges (invoiced monthly, and payable in advance of service delivery)
• One-time setup fees (invoiced at the time of activation and payable net 30-days)
• Move/Down-grade Change Order Activities and Associated Fees - You may down -grade, move and/or change your existing
Verizon Online DSL Service telephone number as set forth in this Quotation to another qualified telephone number for an
additional one-time fee of $75.00. The Service Period of this Quotation will not change as a result of such change. There is no
charge if you upgrade your Verizon Online DSL Service with us.
• This Quotation does not entitle you to any future versions or releases of such service which we may make available during the
Service Period unless separately agreed to in writing by the parties.
• Customers may elect to purchase CPE from us. CPE purchased from us cannot be returned, exchanged, or swapped without
return authorization from Verizon. Only the manufacturer's warranties are included with any CPE purchased from us.
Verizon Online Service (Wotation Page 2 of 3 exp 02r28/02
Service Quotation for
Verizon Online Services
Contract ID# 3034152
Customer Name City of LaQuinta
Expiration Date: February 28, 2002 at 7:00 PM CST
Additional Terms
(a) This Service Quotation and all Services that may be provided pursuant to this Service Quotation is part of and is governed
by the terms and conditions of: (a) the Master Agreement for Verizon Online Services ("Master Agreement') and (b) the
Service Schedule for the applicable Services you are purchasing as indicated in this Service Quotation. Use of the Services
you select constitutes acceptance of the applicable terms of service. The terms and conditions of the Master Agreement and
applicable Service Schedule are incorporated herein by reference. In addition, if you have purchased WebHosting Services,
you will be subject to the Terms of Service Web Hosting Agreement (the "Agreement") provided to you via online
registration.
(b) Final acceptance of this Quotation by us is subject to credit check approval, and confirmation of a valid Master Agreement
and applicable Service Schedule(s) accepted by you.
(c) In the event that we are unable to complete Service activation due to delays that you cause, you will be responsible for all
service charges and cancellation fees accrued.
(d) The Service Level Guarantee as set forth in the Service Schedule for Outsourced E-Mail Service is not provided for the
Domain Name E-Mail accounts offered to you at no charge or for additional Bronze Level E-Mail accounts purchased by
you.
(e) Terms of the DSL Service Offer (the "Offer"). Offer is good through February 28, 2002, and applies to this Quotation only. In
addition to a valid Master Agreement, we must receive the applicable Service Schedule and Service Quotation from you no
later February 28, 2002, at 7:00 PM Central Standard Time. Agreements received thereafter will not qualify for the Offer.
You will be responsible for all fees and charges in excess of the Offer savings set forth herein.
(fl Tprmc fnr Rphatp Offer. You will qualify to receive a Rebate Offer when you purchase DSL Service from us. The Rebate
Offer includes your choice of one of the following items: Ninety-nine ($99) cash rebate; Iomega External 100 MB Zip and
3pk media bundle; or Logitech QuickCam Express PC Camera. Rebate redeemed through Verizon Online Reward Center
Website. Instructions for claiming reward will be mailed in a separate letter within three weeks after DSL Service activation.
Rebate must be claimed within sixty (60) days of receipt of letter. Rewards will be sent 3-4 weeks after claiming the reward
online. If you cancel your DSL Service prior to receiving your first invoice from us, you will not qualify to receive a rebate
offer. Additional rebates may apply depending on the Service(s) selected. Offer ends February 28, 2002.
(g) Terms of Web Hosting Offer. This Web Hosting Offer includes the first month of Web Hosting service at no charge, plus a
one-time waiver of the Set-up Fee (retail value up to $155.90) when you purchase DSL Service. Minimum one (1) year term
commitment required. The Service Period commitment and pricing information regarding the Web Hosting Offer will be
provided to you under separate cover via email notification when you register online for our Web Hosting service. The Web
Hosting Offer expires January 31, 2002.
(h) Modem supplied may be a new or fully inspected and warranted return unit.
(i) Where DSL is available, Verizon guarantees your Business DSL service will be activated within 30-calendar days from the
receipt date of an approved contract. If Verizon is unable to meet this commitment, please contact Verizon at 1-877-483-
8756, and you will receive a credit on your bill of 50% off your first full monthly recurring charge. Guarantee applies to
Business DSL service only; additional services excluded.
(j) We reserve the right to revoke or amend this offer at any time, with or without notice.
Billing address and contact information: Company Billing Address:
City State Zip Code
Contact Name Phone Number
Please sign below to indicate your understanding and acceptance of the terms of the Master Agreement, applicable Service
Schedules (s) and this Service Quotation.
Company (Type or Print full Entity Name) City of LaQuinta
Signature
Print Name
Thomas P. Genovese
Date
Title: City Manager
Please Fax the signed Service Quotation to:
Verizon Online Services Sales Department (800) 863-3557
The remainder of this page is intentionally left blank.
Verizon On ine Service QuotatiOn
Page 3 of 3
exp 021'28/02
From: Verizon Online
Sent: Friday, February 08, 2002
To: City. of LaQuinta
Subject: Verizon Online Business Service Quotation ("Order")
Thank you for ordering Verizon Online Service(s) (the "Service"). This email and the terms and conditions oftheOffer andaaSniceconstitute
an electronic agreement between you ("Customer") and GTE.Net LLC d/b/a Verizon InternetSolut ions ("VerizonOnline').BESURE TOREAD
THIS DOCUMENT. INCLUDING THE TERMS AND CONDITIONS OF SERVICE (ATTACHED), CAREFULLY AS THEY CONTAIN
The Service Quotation ("Order"), Service Schedule(s), Master Agreement and, Acceptable Use Policy ("AUP") attached to this email aw
referenced herein together constitute the Master Agreement for Verizon Online Services (the "Master Agreement") between you"Verizon
Online. To obtain a written copy of the Master Agreement, you may print out a copy of the attadie[DFfiles. Aprintedcopy ofourAUPmay be
obtained at http://wwwgle.net/hotlinks/policies/acceptable.html; a printed copy of the applicable Service Description(s) may be obtainedby
contacting your Sales Representative. Or you may fax us a request for these documents or a copy oftheTerm of9e vice at (800) 863-3557
If you have any questions about this Master Agreement, please contact youtSales Representative
Instructions for Acceptance of this Master Agreement:
To accept the Master Agreement with an email ersponse, please followthese steps:
1. Review the Order and verify that all information, including the Services being requested, and your address, billinginforrnationandtelephone
number, is correct.
2. In your email client FORWARD then Copy andPaste (or type) this email address in the "TO" box: .
salesbox 15@.ins.gte.com
3. Erase the existing text in the "SUBJECT" box.
4. Copy and Paste the following in the subject box :Ii4(ICEP1-30341.52
5. Click "Send."
Final acceptance of this Master Agreementby Verizon Online shall be by commencement of the provision of each Service to you and our
acceptance is conditioned, among other things, upon availability of the Service(s) in your area and credit check approval.
Important: Your return of this email as described in this Paragraph 2 is a symbol of your signature and demonstrates your acceptance ol
the Master Agreement, including our Terms and Conditions of Service, as described herein.
If you elect to revoke your acceptance of this Master Agreement, please call (g77) 483-17o4 Revocation ofyoiraoceptanee,il
received by us within three (3) business days of your acceptance, will not result in any charges to you. Revocations recdvedbyusiy*rft&m
may result in charges to you up to and including the full termination charges applicable under the Master Agreement.
If you do not accept this Master Agreement, please send us a return email stating in the subject line of the email thevxrds"IDECLM'. Yoa
Order will not be processed if you decline acceptance of this Master Agreement.
If you wish to change your Order in any way, you must followthe steps below Please note that this MasterAgmementspresentedtoyoun"rear
only" format. The Master Agreement may not be modified electronically ad changes to it will only be consideredulm receipt by usofdhanip
made according to the following process:
1. Printout a copy of this Master Agreement and mark your proposed changes on the copy. Note: Terms and Conditions ofthe Master
Agreement may not be modified.
2. Then FAX us the proposed changes at 800 863-3557 Verizon Online reserves the right to reject any proposed d angesandthe
Master Agreement (and your Order) willnot be accepted by us until we provide you with written confirmation of our acceptance ofyou
proposed changes. Note: Any changes to the Master Agreement, including changes to your DSLtelephone number or the" of
Service(s) you are ordering may cause your Order to be rejected or delayed.
As stated herein, please open and read the attached files prior to responding to this email. If you have trouble openingthe attacheddocumart(s)
please contact your Sales Representative. To have these files sent to youvia overnight mail/facsimile or simply access the Adobeweliteto
download a free copy of the Acrobat Reader at: httn://www.adobe.com/products/acrobat/readstep2.html
Either click on the above hyperlink to go straight to the Adobewebsite or cut and paste the URL to the address bar on your web�browser.
Service Quotation ("Order")
Service Schedule(s)
Master Agreement
Acceptable Use Policy
a Thank you for placing your Order with us. We appreciate and value your business.
3'L:7. IZON1 Of 1 ().a-t_:
Service Schedule for
Verizon Online Business DSL
Contract ID# 30341
Customer Name City of
Rev. September 01, 2001
This Service Schedule is part of and is governed by the Master Agreement for Verizon Online Services between GTE.Net LLC d/b/a Verizon
Internet Solutions ("we", "Verizon") andthe customer subscribing to Verizon Services (the " customer" or"you'). The temLsand amdtionsofthe
Master Agreement are incorporated herein by reference. To the extent there is any inconsistency between the terms in the Master Agreement and
those contained herein, the terms of thisService Schedule shall control
1. Services. We will provide you with the version of Verizon Online DSL Service ("DSL Service") indicated in the Service Quotation
("Quotation"). The Service Period and fees for the DSL Service are described in the Quotation. Our commencement of providingDSL
Service to you as described in the Quotation shall constitute our acceptance of this Service Schedule.
2. Service Description. DSL Service provides you with dedicated access to the Internet. Further details ofthe DSL Service= set forth in the
Service Description for the version of the DSL Service you have selected, as indicated on the attached Quotation. SaviceDesc iptions=
available from your sales representative.
3. Renewal. We encourage you to contact us by calling I877-483-1794 before the expiration of the then-cxunent grvicePeriodtorenewthe
DSL Service for an additional term of one year or more. If the Service Period expires before it has been renewed in writingthenvzmay
continue to provide you with the DSL Service on a monthto-month basis, at our then -current undiseountedlistpriees, until the Service Period
has been renewed in writing or terminated
4. Service Cancellation. You may cancel the DSL Service at any time by providing us thirty (30) calendar days prior witttennotice. Ifyou
wish to cancel your DSL Service as set forth in the applicable Service Quotation, please contact us via email at CFBD@hsgte.oam. DSL
Service is subject to a thirty-(30) day money -back guarantee, which begins upon billing, pursuant to which you may cancel the DSL9 vice
and receive a full refund of all monthly chargespaid as well as any one-time charges and equipment charges, ifa y, paidto is Ifyoucaiod
after the first thirty-(30) days of DSL Service but before completing a Service Period, you agree to pay us(a)all Snicefieesaccruedesofthe
cancellation date and (b) if you cancel during the first eight months of your Service Period, youagmtopayatemiinationfee inthe amountof
two hundred dollars ($200). Activation or set-up fees paid at the initiation of DSL Service are not refundable. It is agreedthat Verrufs
damages if DSL Service is canceled shall be difficult or impossible to ascertain; thus, the provisions of this Section are intendedtoestablih
liquidated damages in the event of cancellation and are not intended as a penalty. Such termination shall not be deemed default.
5. Termination. We reserve the right to immediately terminate the DSL Service to you without notice in the eventtheDSL Savioeisusedina
manner which violates this Agreement, or, in the event vve cease of offer DSL Service to customers, upon not less than ninety (90) days
advance notice.
6. Customer Responsibilities. In accordance with the Master Agreement, if, applicable, you agree thatonyourbehalfvemay seletaCSP
from a list of qualified carriers who have agreed to interconnect with our network and you will be responsible for the paymentofchmWs,
including applicable taxes, assessed by the GSP. The use of the DSLService by you and those using your userID is completely at youro"n
risk. We shall in no way be responsible or liable to you or those using your user ID for any loss or damage resultingfromthe twoftheDSL
Service.
7. Domain Name Fees. All fees associatedvith domain name registration andperiodic maintenance of domain names are your responsMy.
The registrar or vwe, on registrar's behalf, will bill such fees directly to you. Such fees are not included in the prices for the DSLSerA=
Verr_-on Online Business DSI, Service .Schedule j of I Rev, 09,1H,"01 9