HomeMy WebLinkAbout127569 FRONT RANGE INTERNET INC - CONTRACT - PURCHASE ORDER - 9122463Technical Contact
Paul Folger
pfolger@fcgov.com
970-221-6790
Company Information Service Order #12080
City of Fort Collins-Colocation
215 N Mason ,
Fort Collins, CO 80524
Installation Location
Front Range Internet / Data Center
3350 Eastbrook Drive
Fort Collins, CO 80525
970-212-0700
PRICING DETAILS Applicable fees, federal, state, and local taxes and are not included. Ail warranties (r any) are provided by the manufactu er.
Service: Colocation with PDU (NRC ONLY) Total One -Time Price: Total Monthly Price:
Term: 12 months $7,475.00 $0.00
Totals Include:
• (1) Systems Cabinet #1 - Includes the following:
• (1) Full Cabinet - 42U of usable space
• (2) 208v 40amp Power Drop
• (1) 110v 30amp Power Drops
• (1) Customer Provided 208v 40amp HP PDU's
• (1) 110v 30amp PDU
• (1) Systems Cabinet #2 - Includes the following:
• (1) Full Cabinet - 42U of usable space
• (3) 110v 30amp Power Drops
• (3) 110v 30amp PDU
• (1) NetComm Cabinet - Includes the following:
• (1) Full Cabinet - 42U of usable space
• (1) 208Y 30amp Power Drop
• (3) 110v 20amp Power Drop
• (1) 208v 30amp PDU
• (3) 110v 20amp PDU
e (2) Project Management for Installation of Fiber to Data Center
This Service Order reflects ONLY the Non -Recurring costs for this service. Monthly pricing will be reflected in Service Order 12081.
Agreement
The Initial Term of this Service Order shall be 12 month(s) and may be renewed in Customer's discretion for 12 month terms as provided in the Master
Service Agreement (Agreement) and applicable exhibits, including the Service Level Agreement and Colocation Exhibit, up to a total of B years. All
prices subject to applicable fees, federal, state, and local taxes. My signature certifies that I am legally authorized to enter into this Agreement on
behalf of Customer, and that Customer agrees to comply with the terms and conditions In the Service Order contained herein. Customer agrees to the
setup, equipment, consulting, and recurring fees written above. Subject to the Terms and Conditions, unless otherwise stated in writing, equipment
purchases are provided by FRII "AS IS" without warranties of any kind, either express or implied including but not limited to warranties of title or
implied warranties of merchantability or fitness for a particular purpose or use with respect to the service or information. All warranties (if any) are
provided by the manufacturer. The parties have executed this Agreement and Service Order as of the date indicated below.
City of Fort Collins -Collocation n
Name (Print), /Ur1L`� �^ _iQ—
SignatureC�
Title:C ` �1C C Jib ii
Date:
Front Range Internet Inc,.(.!�
Signat„re: i,.l
Title:(
Date: 4 1 Zp I i2-
Internet Connectivity I Data Center I Colocation I VPS I Hosting I Email
Front Range Internet, Inc. • 3350 Eastbrook Drive • Fort Collins, CO 80525 • 970-212-0700 • http://www.frii.com
Modified Master Services Agreement Standard Terms and Conditions
H. Customer is responsible for assessing its own need for property, casualty, and liability insurance
and shall obtain such insurance as Customer sees fit.
I. Should any part or portion of the Agreement be found invalid, the balance of the provisions shall
remain unaffected and shall be enforceable.
J. The IP address space allocated by FRII to Customer is subject to Customer's justification and
FRII's approval and is non -portable. FRII's policy and requirements on the allocation and use of IP
address space shall be compliant with and regulated by the American Registry for Internet
Numbers (AKIN) whose policies may change from time to time. Customer agrees to comply with
the FRII Network Assignment Policy and complete a FRII Network Assignment Form, as required,
that is made part of this Agreement.
K. It is understood and agreed by the parties hereto that this Agreement, along with related Orders, the
Service Level Agreement and Colocation Exhibit, constitutes the entire Agreement between the
parties and supercedes any and all agreements previously made. In the event of a conflict between
the terms of this Master Service Agreement and FRII's Service Level Agreement or Colocation
Exhibit, the terms of the Service Level Agreement or Colocation Exhibit, as appropriate, shall
control. Each party hereby specifically advises the other that any other representations inconsistent
with these Standard Terms and Conditions contained herein made by any officer, agent or
employee are wholly unauthorized and specifically repudiated.
i �"�"� �
Page 7 of 7 Initial Initials wyti
Modified Colocation Exhibit
1 Applicability. As of the date the Service Order is signed, this Exhibit D is incorporated and made a
part of the Master Services Agreement ("Agreement") having the same term as the Agreement.
2 Definitions. Gateway: The location within a FRII facility designated for the housing and operation
of computing and communications equipment. Colocation Area: The location within a Gateway in
which Colocation Space ordered by Customer is located. Colocation Space: The location(s) within
the Colocation Area of a FRII Gateway where Customer is permitted to colocate communications
equipment pursuant to a dedicated Service Order accepted by FRII.
Use of Colocation Space. Customer is panted the right to occupy the Colocation Space as
specified in Service Order. Customer shall be permitted reasonable access to the Colocation Space
(and to the Gateway and Colocation Area for the sole purpose of accessing the Colocation Space),
subject to any and all rules, regulations and access requirements imposed by FRII governing such
access. Customer may submit multiple Service Orders requesting use of Colocation Space in
multiple FRII Gateways, each of which shall be governed by the terms hereof. FRII retains the right
to access any Colocation Space for any legitimate business purpose at any time. Customer shall be
permitted to use the Colocation Space only for placement and maintenance of computing and
communications equipment ("Equipment"). Customer agrees to install and maintain Colocation
Space in an orderly fashion and to place Equipment within an enclosed container such as a
computer case. Customer further agrees to mount equipment so that equipment does not extend
more than 13 inches in front and/or 26 inches in back of an open rack and equipment shall be
completely contained within an enclosed rack. Customer expressly agrees that, unless otherwise
agreed to in writing, any items not contained within said enclosed container or used for connection
of said container to contracted services (such as power and network connectivity) including but not
limited to tools, cables, keyboards, mice, video displays, external hard drives and external power
regulators are considered abandoned and that FRII may freely dispose of said items at any time and
without warning. Customer may access the Colocation Space twenty four (24) hours per day, seven
(7) days per week.
FRII Maintenance. FRII shall perform janitorial services, environmental systems maintenance,
power plant maintenance and other actions as are reasonably required to maintain the Colocation
Area in a condition which is suitable for the placement of Equipment. Customer shall maintain the
Colocation Space in an orderly and safe condition, and shall return the Colocation Space to FRII at
the conclusion of the Service Term set forth in the Servicc Order in the same condition (reasonable
wear and tear excepted) as when such Colocation Space was delivered to Customer. Except as
expressly stated herein or in any Service Order, the colocation space shall be delivered and
accepted "as is" by customer, and no representation is made by FRII as to the fitness of the space
for customer's intended purpose.
Release of Landlord. If FRII is not the owner of the facility housing Customer's equipment, then
Customer hereby agrees to release the building owner and landlord (and its agents, subcontractors
and employees) from all liability relating to Customer's access to the Gateway and the Colocation
Area and Customer's use and/or occupancy of the Colocation Space, unless such liability arises
from the negligent or wrongful acts or omissions of such landlord or third parties not under the
Customer's control.
6 Security. FRII will provide and maintain in working condition card reader(s), scanner(s) and/or
other access device(s) as selected by FRII for access to the Colocation Area of a Gateway.
Customer shall under no circumstances "prop open" any door to, or otherwise bypass the security
measures FRII has imposed for access to, the Colocation Area. FRII will issue, at no additional fee,
Page I of 3 Initials Initials iiU LKi
Modified Colocation Exhibit
access device(s) for use by one (1) individual to access to the Colocation Area. Additional access
devices may be issued at Customer's request. Customer understands that access devices and their
respective access to the Colocation Area are issued to a specific individual and that loaning or
sharing of access devices is prohibited. FRII reserves the right to validate the identity of an
individual applying for access to the Colocation Area, and may at its sole discretion refuse such
application for access. FRII may provide a locking device on Customer's Colocation Space which
Customer shall be solely responsible for securing. In the event that unauthorized parties gain access
to the Gateway, Colocation Area and/or the Colocation Space through access cards, keys or other
access devices provided to Customer, Customer shall be responsible for any damages caused by
such parties. Customer shall be responsible for the cost of replacing any access devices lost or
stolen after delivery thereof to Customer. Customer agrees that issued access devices are the sole
property of FRII and must be surrendered immediately upon request. In the event Customer has
reason to believe that an unauthorized party has gained access to the Colocation Space, FRII will, at
Customer's request, make video surveillance records of the Colocation Area reasonably available to
Customer for viewing by Customer in the presence of a FRII employee. In addition, FRII will
provide Customer with a copy of the access logs for the Colocation Area and/or the Gateway, as
applicable, upon Customer's prior written request.
Prohibited Activities. Customer shall abide by any posted or otherwise communicated rules
relating to use of, access to, or security measures respecting the Gateway, Colocation Area and/or
the Colocation Space. Customer's rights of access and use will be immediately terminated if
Customer or any of its agents or employees enter FRII's Gateway with any food, drink, firearms,
illegal drugs, alcohol or are engaging in smoking, any criminal activity, eavesdropping or
intelligence activities, power cycling or otherwise interfering with equipment not in Customer
Colocation Space.
8 Termination of Use. FRII shall have the right to terminate Customer's use of the Colocation Space
or the Service delivered therein in the event that: (a) FRII's rights to use the Gateway terminates or
expires for any reason; (b) Customer is in default hereof, (c) Customer makes any material
alterations to the Colocation Space without first obtaining the written consent of FRII; or (d)
Customer allows personnel or contractors to enter the Gateway, Colocation Area and/or the
Colocation Space who have not been approved by FRII in advance. With respect to items (b), (c)
and (d), unless (in FRII's opinion) Customer's actions interfere or have the potential to interfere
with other FRII customers, FRII shall provide Customer a written notice and a ten (10) day
opportunity to cure before terminating Customer's rights to access or occupy the Colocation Space.
Sublicenses. Customer may sublicense the use of Colocation Space under the following conditions:
(a) all proposed sublicensees shall have prior written approval by FRII at FRII's sole discretion; (b)
Customer hereby warrants that all such parties shall abide by the Terms; (c) Customer shall
indemnify, defend and hold FRII harmless from all claims brought against FRII arising from any
act or omission of any sublicensee or its agents; and (d) any such party shall be considered
Customer's agent and all of its acts and omissions shall be attributable to Customer for the purposes
of these Terms. In the event Customer sublicensee use of the Colocation Space without FRII's prior
written approval, FRI I may upon ten (10) days' written notice reclaim the sublicensed portion of
the Colocation Space. Customer shall surrender such recaptured Colocation Space and shall be
subject to termination charges associated with the recaptured Colocation Space. No refunds shall be
made to Customer regarding recaptured Colocation Space.
10 Changes. FRII reserves the right to change the location or configuration of the Colocation Space,
provided that FRII shall not arbitrarily require such changes. FRII and Customer shall work in good
Page 2 of3 Initial Initials
Modified Colocation Exhibit
faith to minimize any disruption in Customer's services that may be caused by such changes of the
Colocation Space.
1 I Insurance. Prior to storage of equipment or occupancy by Customer and during the Service Term,
Customer shall procure and maintain the following minimum insurance coverage: (a) Workers'
Compensation in compliance with all applicable statutes of appropriate jurisdiction (including
Employer's Liability with limits of $500,000 each accident); (b) Commercial General Liability with
combined single limits of $1,000,000 each occurrence; and (c) "All Risk" Property insurance
covering all of Customer's personal property located in the Gateway. Customer shall require any
contractor entering the Gateway on its behalf to procure and maintain the same types, amounts and
coverage extensions as required of Customer above. Customer shall provide to FRII proof of
required insurance upon request. FRII shall provide to Customer proof of Property Insurance
covering the facility housing Customer's equipment.
12 Remote Hands. Customer may request and pay for FRII to perform certain limited maintenance
services ("Remote Hands") on Customer's equipment within the Colocation Space, which shall be
performed in accordance with Customer's directions. Unless otherwise agreed to in writing,
"Remote Hands" maintenance service is billed at $125/hour and shall begin within one business
day from Customer's request. Subject to approval by FRII, emergency "Remote Hands"
maintenance service may be requested by Customer billed at $180/hour and shall begin within one
hour of Customer's request. Unless agreed upon separately in writing FRII shall in no event be
responsible for the repair, configuration, tuning or installation, or for performance or reliability
monitoring of Customer's equipment.
13 Storage of Customer Equipment. FRII may, at its option, agree to store equipment which
Customer intends to colocate in Customer's Colocation Space for not more than forty-five (45)
days prior to the scheduled Colocation Service Commencement Date. Storage of such equipment is
purely incidental to the services ordered by Customer and FRII will not charge Customer a fee for
the same. No document delivered as part of such storage shall be deemed a warehouse receipt.
Absent FRII's gross negligence or intentional misconduct, FRII shall have no liability to Customer
or any third party arising from such storage. In the event Customer stores equipment for longer than
forty-five (45) days, FRII may, but shall not be obligated to, return Customer's equipment to
Customer without liability, at Customer's sole cost and expense.
14 Promotional Signage and Identification. Customer may display a single promotional sign with
Customer's name and/or logo on the front surface of Customer Colocation Space provided such
signage is the smaller of the total front surface of Customer's Colocation Space or 8 inches by 1 I
inches. All other promotional signage is prohibited. FRII reserves the right to discretely label
Customer's Colocation Space and/or equipment in a non -permanent manner to allow for
identification of said space or equipment.
Page 3 of Initials' Initials)
1
Modified Service Level Agreement
1. Services T-1, DS3, Fiber, Ethernet
Network Availability: The FRII Network will be available to the customer free of Network Outages 100% of the time in a
given month, excluding scheduled maintenance. Any network event resulting in downtime during which a customer cannot
pass IP packet traffic from Customer's equipment to any of FRII's wide area network interfaces to the Internet for a period
in excess of 2 minutes will be deemed unavailability of Customer's connection (an "Outage") provided such Outage is on
the FRII network, is the result of a failure in FRII controlled local access or is the result of a failure of FRII controlled
equipment.
COloeation
Network Availability: Network connections from the FRII data center to the Internet will be available to customers free of
Network Outages 100% of the time in a given month, excluding scheduled maintenance.
Data Center Environment Services: FRII Data Center power and HVAC systems will be available 100% of the time in a
given month, excluding scheduled maintenance. Environment failure is when a particular customer's server is shut down
due to power or heat problems and is measured from the time the trouble ticket is opened. Environment uptime includes
functioning of all power and HVAC infrastructure, but does not include the power supplies on customer owned equipment.
AC Power Availability: FRII will provide AC power to the FRII Data Center and Customer's colocated equipment 100%
of the time and, as set forth below, FRII will credit Customer's account if FRII fails to meet this Power Availability during
any given calendar month. "Power Unavailability" consists of the number of minutes that power was not available to
Customer's colocated equipment, but will not include a coloration power unavailability that Customer fails to report to FRII
within thirty (30) days, or any unavailability resulting from (a) any Customer circuits or equipment, (b) Customer's
application or equipment, (c) acts or omissions of Customer, or any use or user of the service authorized by Customer.
11. Remedy
FRI I will issue a service credit in the amount of 5% of the monthly fee for the affected services for each 30 minutes of
downtime per calendar month, not to exceed 100% of the full monthly fee. Such credits shall be applied to the Customer's
account as service credits and do not have any cash value. No service credits will be issued if the Service Unavailability was
determined to be within the Customers network. This service credit is not intended as a limitation on other remedies that
may be available to Customer in the event that FRII fails to provide the Services as described in Section I. Should a power
or HVAC failure result in damage to Customer's equipment, FRII will reimburse Customer for Customer's reasonable and
documented direct costs to correct damage resulting from such power or HVAC failure, unless such damage was the result
of Force Majeur or of Customer's negligent or intentional acts.
Chronic Service Outage: A Chronic Service Outage occurs when the sum of Service Unavailability exceeds 6 hours in 3
consecutive months. Such Service Unavailability must be reported to the FRII Network Operations Center (NOC) using the
reporting method provided below. In the event of a Chronic Service Outage, Customer may request to be released from
obligations within this Service Order Form provided Customer notifies FRII in writing of such intent within 10 days of the
affecting Service Unavailability. Obligation will cease 30 days from the receipt date of the written notice and all affected
services will be cancelled.
Ill. Outage Reporting
An outage shall be deemed to commence upon the opening of a trouble ticket with the FRII Technical Support Center or
Network Operations Center (NOC) and shall be deemed to terminate upon the earlier of the time the problem is resolved and
closing of the same trouble ticket.
Exceptions: The following will be excluded from any Outage time when calculating any Availability:
• FRII network or web server downtime during scheduled maintenance periods as posted at
http://frii.com/myfrii/maintenance.litml . Customers will be notified via the FRII Service Status (FSS) system
prior to other scheduled maintenance times. To subscribe, go to http://www.frii.conVsupport/fta
Page l of 2 Initials ; )� InitialsuMm)
Modified Service Level Agreement
• Failure or malfunction of equipment or applications not owned or controlled by FRII.
• Failure of Customer to provide reasonable assistance in problem identification and resolution via telephone or
other means such as email.
• Any occurrence of an act outside the control of FRII such as Force Majeure.
FRII Maintenance Events
From time to time it is necessary to perform service configuration and routine maintenance on the hardware and software
that are used to provide any services to FRII customers. Maintenance Events are categorized into two groups as follows:
Emergency Maintenance is defined as unplanned events which are intended to correct the failure or imminent failure of
any hardware, software, or the configuration or either, which is used to provide services to FRII customers.
Maintenance of this type will be performed as soon as is practical and every reasonable effort will be made to
notify FRII customers.
Every reasonable effort will be made to ensure that no FRII provided services arc afTccted or made unavailable
during such events.
FRII will provide notification of Emergency Maintenance to its clients as soon as is commercially practical
under the circumstances.
Scheduled Maintenance is defined as intrusive changes that are done to increase capacity or upgrade network/system
performance or facility components.
• Every reasonable effort will be made to ensure that no FRII provided services are affected or made unavailable
during such events.
• Customers will be notified of such events via the FRII Service Status (FSS) system by S:OOpm MST the
Monday prior to the scheduled event.
FRII Service Status (FSS) is a system that is designed to notify our customers of service impacting events. It is an opt -in
mailing list that allows customers to select the level of notifications that they wish to receive. To subscribe, go to
http://www.frii.com/support/fta .
IV. Limitations of Service Level Agreement
The total credit granted to Customer by any aspect of this Service Level Agreement during any calendar month will not
exceed the monthly fee for such service for the same calendar month plus documented direct costs for damage as described
in Section II above. Outages will not apply if downtime or unavailability occurs during standard FRII maintenance windows
as described above. FRII will use the FRII Service Status (FSS) system for Reporting and Notification of such maintenance.
Credits or remedy will be provided only upon request of the customer. Requests for credit due to downtime or outages must
be received within thirty (30) days of the failure. All requests must be made in writing and sent to customercare@frii.com
Attn: Service Level Department. No remedy will be provided at any time for failures determined attributable to reasons of
Force Majeurc.
Page 2 of 2 Initials( Initials
40F
FRII
User Information
Card #
To be filled out for each individual authorized to access the Colocation Space
Name Company Name / DBA
vb. rJ C € z7
Address
Z 1 s (Vl
Cust City Cust State Zip Code
Y'Z-� Z- C v l l r\1 S G C'
Phone Number Email Address
,110, 22 6 6-jq 2�p ; - c.e�i fit.% (mac �v�v 6A,
Customer It Driver's License State & Number
160194 C tU c-0 -
Agreement
I understand and agree to abide by the terms of the FRII Colocation Agreement.
I agree that my authority to access the coloration area is limited to me alone and that I will not provide
access to another individual for any reason, including sharing of any security device or access information
issued to me.
I agree that my access to and actions within the colocation area may be monitored by FRII for security
purposes.
i agree that 1 am responsible for any damage I may cause while accessing the colocation area, including an
damage caused by my failure to follow proper security procedures, whether intentional or not,
i agree not to 'prop open" any door or otherwise attempt to bypass any security measure at the facility.
I agree to follow any additional posted procedures for using the colocation area.
I agree not to enter the colocation area with any food, drink, firearms, illegal drugs, or alcohol.
1 agree not to engage in any criminal activity while in the colocation area, including interfering for any
reason with any equipment not maintained by me.
1 agree that failure to follow any of these procedures may result in permanent denial of access to the
_ colocation area.
1 agree that I am responsible for the cost of replacing any lost or stolen security devices issued to me.
I agree to notify FRII promptly if my keycard is lost or stolen.
kuP(./�wa.! �i(S�STd(°"`tzlenCaz �FZai Yoe4�uia�Sh/,ih/i,?'�
User Issued To (Printed Name) Title Company Signature
Customer Approved By (Printed Name) Title company Signature Date
Front Range Internet, Inc.
FRII Issued By(Printed Name) Title Company Signature Date
FRII
User Information
Card u
I
To be filled out for each individual authorized to access the Colocation Space
Name Company Name/ DaA
poi W2cr' C'
Address
Cust City_. Cust state Zip Code _
J C C) � l � vt i C't) 4 .,, %
Phone Number _ /1 - j Email Address �w C-. ` K j �'� C d(1, �¢:/✓`
Customer n Y(Fly Driver's Ucense State & Number (�
160194 5q —6 '7-o,K7b
Agreement
1 understand and agree to abide by the terms of the FRII Colocation Agreement.
I agree that my authority to access the coloration area is limited to me alone and that I will not provide
access to another individual for any reason, including sharing of any security device or access information
issued to me.
1� I agree that my access to and actions within the colocation area may be monitored by FRII for security
l� purposes.
I agree that I am responsible for any damage I may cause while accessing the colocation area, including an
J damage caused by my failure to follow proper security procedures, whether intentional or not.
1 agree not to "prop open" any door or otherwise attempt to bypass any security measure at the facility.
l/ I agree to follow any additional posted procedures for using the colocation area.
I agree not to enter the colocation area with any food, drink, firearms, illegal drugs, or alcohol.
n I agree not to engage in any criminal activity while in the colocation area, including interfering for any
reason with any equipment not maintained by me.
I agree that failure to follow any of these procedures may result in permanent denial of access to the
colocation area.
I agree that I am responsible for the cost of replacing any lost or stolen security devices issued to me.
I agree to notify FRII promptly if my keycard is lost or stolen.
User Issued To (Printed Name) Title Compann/ Signdture Date
Customer Approved By (Printed Name) Title Company Signature Date
Front Range Internet, Inc.
FRII Issued By(Printed Name) Title Campany Signature Date
FRII
User Information
To be filled out for each individual authorized to access the Colocation Space
Agreement
I understand and agree to abide by the terms of the FRII Colocation Agreement.
1 agree that my authority to access the coloration area is limited to me alone and that I will not provide
access to another individual for any reason, including sharing of any security device or access information
issued to me.
1 agree that my access to and actions within the colocation area may be monitored by FRII for security
purposes.
I agree that I am responsible for any damage 1 may cause while accessing the colocation area, including any
damage caused by my failure to follow proper security procedures, whether intentional or not.
I agree not to "prop open" any door or otherwise attempt to bypass any security measure at the facility.
I agree to follow any additional posted procedures for using the colocation area.
I agree not to enter the colocation area with any food, drink, firearms, illegal drugs, or alcohol.
I agree not to engage in any criminal activity while in the colocation area, including interfering for any
\,fit reason with any equipment not maintained by me.
I agree that failure to follow any of these procedures may result in permanent denial of access to the
colocation area.
I agree that I am responsible for the cost of replacing any lost or stolen security devices issued to me.
I agree to notify FRII promptly if my keycard is lost or stolen. ( r I
User Issued To (Printed Name)
customer Approved By (Printed Name)
Front Range Internet, Inc.
FRII Issued By(Printed Name) Title company
FRII
Card x
II
User Information To be filled out for each individual authorized to access the Colocation Space
Agreement
� I understand and agree to abide by the terms of the FRII Colocation Agreement.
1 agree that my authority to access the colocation area is limited to me alone and that I will not provide
access to another individual for any reason, including sharing of any security device or access information
issued to me.
2
—�— I agree that my access to and actions within the colocation area may be monitored by FRII for security
purposes.
rz
I agree that I am responsible for any damage I may cause while accessing the colocation area, including any
damage caused by my failure to follow proper security procedures, whether intentional or not.
i
(^2 I agree not to "prop open" any door or otherwise attempt to bypass any security measure at the facility.
�2 1 agree to follow any additional posted procedures for using the colocation area.
�L I agree not to enter the colocation area with any food, drink, firearms, illegal drugs, or alcohol.
1 agree not to engage in any criminal activity while in the colocation area, including interfering for any
^ reason with any equipment not maintained by me.
1 agree that failure Co follow any of these procedures may result in permanent denial of access to the
E! colocation area.
^2
' !agree that I am responsible for the cost of replacing any lost or stolen security devices issued to me.
1 agree to notify FRII promptly if my keycard is lost or stolen.
user Iss ed To (Printed Name) Title companyl SoadYe,%l�Date
Customer Approved By (Printed Name) Title Company signature Date
Front Range Internet, Inc.
FRII Issued By(Prlmed Name) Title Company Signature Date
Technical Contact
Paul Folger
pfolger@fcgov.com
970-221-6790
Company Information
City of Fort Collins -Colocation
215 N Mason
Fort Collins, CO 80524
Installation Location
Front Range Internet/ Data Center
3350 Eastbrook Drive
Fort Collins, CO 80525
970-212-0700
Service Order #12082
PRICING DETAILS Applicable fees, federal, state, and local taxes and are not Included. All warranties (if any) are provided by the manufacturer.
Service: Colocation with PDU (MRC ONLY) Total One -Time Price: Total Monthly Price:
Term: 12 months $0.00 $5,125.00
Totals Include:
• (1) Systems Cabinet #1 - Includes the following:
• (1) Full Cabinet - 42U of usable space
• (2) 208v 40amp Power Drop
• (1) 110v 30amp Power Drops
• (1) Customer Provided 208v 40amp HP PDU's
• (1) 110v 30amp PDU
• (1) Systems Cabinet s2 - Includes the following:
• (1) Full Cabinet - 42U of usable space
• (3) 110v 30amp Power Drops
• (3) 110v 30amp PDU
• (1) NetComm Cabinet - Includes the following:
• (1) Full Cabinet - 42U of usable space
• (1) 208v 30amp Power Drop
• (3) 110v 20amp Power Drop
• (1) 208v 30amp PDU
• (3) I10v 20amp PDU
• (2) Project Management for Installation of Fiber to Data Center
No Internet Bandwidth will be provided.
This Service Order Form reflects Monthly Recurring costs ONLY and will not be valid until Service Order 12080 is fully executed. Service Order 12080
reflects the Non -recurring charges necessary to provide the services listed on this Service Order Form.
- Additional 110v 20amp power drops will be billed at $275 Setup $200/mo
- Additional I10v 30amp power drops will be billed at $275 Setup $250/mo
- Additional 208v 30amp power drops will be billed at $300 Setup $625/mo
- Additional 208v 40amp power drops will be billed at $300 Setup $700/mo
Agreement
The Initial Term of this Service Order shall be 12 month(s) and may be renewed In Customer's discretion for 12 month terms as provided In the Master
Service Agreement (Agreement) and applicable exhibits, including the Service Level Agreement and Colocation Exhibit, up to a total of S years. All
prices subject to applicable fees, federal, state, and local taxes. My signature certifies that I am legally authorized to enter into this Agreement on
behalf of Customer, and that Customer agrees to comply with the terms and conditions In the Service Order contained herein. Customer agrees to the
setup, equipment, consulting, and recurring fees written above. Subject to the Terms and Conditions, unless otherwise stated in writing, equipment
purchases are provided by FRII "AS IS" without warranties of any kind, either express or implied including but not limited to warranties of title or
implied warranties of merchantability or fitness for a particular purpose or use with respect to the service or information. All warranties (if any) are
provided by the manufacturer. The parties have executed this Agreement and Service Order as of the date indicated below.
City of Fort Collins -Colocation Front Range Internet Inc.
Name (Print)') e (2)NGv_� ✓ Name (Print): A.�1 !Vl W AR.ii
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Title: GV �'2nGPt)Q�"1a% Z� i`�21't Title: �(( CEO
Date: y /2-(0 / "'Z Date: 4 /Z& / t L
Internet Connectivity I Data Center I Colocation I VPS I Hosting I Email
Front Range Internet, Inc. • 3350 Eastbrook Drive • Fort Collins, CO 80525 • 970-212-0700 • http://www.frii.com
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Agreement
—� I understand and agree to abide by the terms of the FR11 Clocation Agreement.
—1� I agree that my authority to access the colocation area Is limited to me alone and that I will not provide
access to another Individual for any reason, Including sharing of any security device or access Information
Issued to me.
—� I agree that my access to and actions within the colocation area may be monitored by FRII for security
purposes.
I agree that I am responsible for any damage I may cause while accessing the colocation area, Including any
damage caused by my failure to follow proper security procedures, whether intentional or not,
I agree not to prop open" any door or otherwise attempt to bypass any security measure at the facility.
,,-'I agree to follow any additional posted procedures for using the colocation area.
I agree not to enter the colocation area with any food, drink, firearms, Illegal drugs, or alcohol.
f agree not to engage In any criminal activity while in the colocation area, Including interfering for any
✓ reason with any equipment not maintained by me.
�1 agree that failure to follow any of these procedures may result in permanent denial of access to the
colocation area.
I agree that I am responsible for the cost of replacing any lost or stolen security devices Issued to me.
—� I agree to notify FRII promptly if my keycard is lost or stolen.
User Imed To (Pdnted Name) ndo J company - slgnataR
Customer yppmed By (Printed Name) nu. company sigw. Date
Front Range Internet, Inc.
FAIL Issued By(Mmed Name) TIUa Company sonatum Date
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Agreement
1 understand and agree to abide by the terms of the FRII Coloration Agreement.
�I agree that my authority to access the coloration area Is limited to me alone and that I will not provide
access to another Individual for any reason, including sharing of any security device or access informath
v issued to me.
I agree that my access to and actions within the coloration area may be monitored by FRII for security
/ purposes.
I agree that I am responsible for any damage I may cause while accessing the coloration area, Including
damage caused by my failure to follow proper security procedures, whether intentional or not.
(�1 agree not to prop open" any door or otherwise attempt to bypass any security measure at the facility
L-" I agree to follow any additional posted procedures for using the co/oration area.
t,�I agree not to enter the coloration area with any food, drink, firearms, Illegal drugs, or alcohol.
I agree not to engage In any criminal activity while In the coloration area, including Interfering for any
reason with any equipment not maintained by me.
✓I agree that failure to follow any of these procedures may result in permanent denial of access to the
coloration area.
— j agree that I am responsible for the cost of replacing any lost or stolen security devices issued to me.
1 agree to notify FRII promptly if my keycard is lost or stolen.
l.ed To (Pdtee l Name) Title Company Signatire Data
Customer Approved By (MMed Name) Title Can,"" Signature Date
Front Range Internet, Inc
FRII Issued "Printed Name) nu. Company signatu , Date
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User Information
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Card t
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Agreement
1 understand and agree to abide by the terms of the FRII Colocation Agreement
r agree that my authority to access the colocaton area is limited to me alone and that I will not provide
'i access to another individual for any reason, Including sharing of any security device or access information
issued to me.
I agree that my access to and actions within the colocaton area may be monitored by FRII for security
i, purposes.
I agree that 1 am responsible for any damage f may cause while accessing the colocation area, Including a
Q damage caused by my Witte to Maw proper security procedures, whether intentional or not.
�/ /��J I agree not to prop open' any door or otherwise attempt to bypass any security measure at the facility.
I agree to Po/low any addltonal posted procedures for using the cok>ceton area.
I agree not to enter the colocaton area with any food, drink, firearms, Illegal drugs, or alcohol.
y O I agree not to engage In any criminal actv/ty while In the colecadon area, including Interfering for any
reason with any equipment not maintained by me.
I agree that failure to thilow, any of these procedures may result In permanent denial of access to the
mbcaton area.
I agree Mat f am responsible for the cost of replacing any kuY or stolen security [Devices Issued to me.
f agree to notify MY7 promptly W my keycerd is lost or stolen.
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Agreement
1 understand and agree to abide by the terms of the FRII Colocation Agreement
r agree that my authority to access the colocaton area is limited to me alone and that I will not provide
'i access to another individual for any reason, Including sharing of any security device or access information
issued to me.
I agree that my access to and actions within the colocaton area may be monitored by FRII for security
i, purposes.
I agree that 1 am responsible for any damage f may cause while accessing the colocation area, Including a
Q damage caused by my Witte to Maw proper security procedures, whether intentional or not.
�/ /��J I agree not to prop open' any door or otherwise attempt to bypass any security measure at the facility.
I agree to Po/low any addltonal posted procedures for using the cok>ceton area.
I agree not to enter the colocaton area with any food, drink, firearms, Illegal drugs, or alcohol.
y O I agree not to engage In any criminal actv/ty while In the colecadon area, including Interfering for any
reason with any equipment not maintained by me.
I agree that failure to thilow, any of these procedures may result In permanent denial of access to the
mbcaton area.
I agree Mat f am responsible for the cost of replacing any kuY or stolen security [Devices Issued to me.
f agree to notify MY7 promptly W my keycerd is lost or stolen.
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User Information
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Card B
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Name N A
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Company Name/ DBA C, f,, or' FORT t 1 rr/S
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Phone Number
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Email Address
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Customer P
160194
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Driver's License State & Number
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Agreement
1 understand and agree to abide by the terms of the FRII Colocation Agreement
K I agree that my authority to access the colocation area is limited to me alone and that I will not provide
access to another individual for any reason, including sharing of any security device or access information
issued to me.
1 agree that my access to and actions within the colocation area may be monitored by FRII for security
purposes.
K
1 agree that I am responsible for any damage I may cause while accessing the colocation area, Including any
damage caused by my failure to follow proper security procedures, whether intentional or not.
x
x I agree not to prop open" any door or otherwise attempt to bypass any security measure at the facility.
k I agree to follow any additional posted procedures for using the colocation area.
)c I agree not to enter the coloration area with any food, drink, lirearms, Illegal drugs, or alcohol.
I agree not to engage In any criminal activity while in the colocation area, including Interfering for any
x reason with any equipment not maintained by me.
x 1 agree that failure to follow any of these procedures may result in permanent denial of access to the
— colocation area.
w I agree that f am responsible for the cost of replacing any lost or stolen security devices Issued to me.
K
— I agree to notify MUr promptly if my keycard /s lost or stolen.
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User Issuea To (Pdnted Nana) Title Company Date
customer Appmved BY (Rimed Name) no, congwy 519nature oMe
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Agreement
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understand and agree to abide by the terms of the FRII Colocation Agreement.
agree that my authority to access the colocabon area is limited to me alone and that I will not provide
access to another Individual for any reason, including sharing of any security device or access information
ued to me.
///�� l agree that my access to and actions within the coloration area may be monitored by FR1I for security
urposes.
I agree that 1 am responsible for any damage I may cause while accessing the coloration area, including any
damage caused by my failure to follow proper security procedures, whether Intentional or not.
I agree not to prop open" any door or otherwise attempt to bypass any security measure at the facility.
I agree to follow any additional posted procedures for using the colocadon area.
I agree not to enter the colocation area with any food, drink, l7reamrs, Illegal drugs, or alcohol.
f agree not to engage In any criminal activity while In the coloration area, Including Interfering for any
reason with any equipment not maintained by me.
that failure to follow any of these procedures may result In permanent denial of access to the
m area.
I agree that I am responsible for the cost of replacing any lost or stolen security devices Issued to me.
it agree to notify FRII promptly if my keycard is lost or stolen.
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Custamu Appm ey(PMtea name) title Company Slgnxum oMe
Front Range Internet, Inc.
FlUl luuei ey(vdnmd Name) Title Company Slgnaturt Date
User Information
Card R
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Name
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Driver's License State & Number
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Agreement
I understand and agree to abide by the terms of the FRII Colocation Agreement.
I agree that my authority to access the colocation area is limited to me alone and that I will not provide
access to another individual for any reason, including sharing of any security device or access information
issued to me.
I agree that my access to and actions within the colocation area may be monitored by FRII for security
L/purposes.
I agree that I am responsible for any damage I may cause while accessing the colocation area, including any
`/damage caused by my failure to follow proper security procedures, whether intentional or not.
L/ I agree not to prop open" any door or otherwise attempt to bypass any security measure at the facility.
�I agree to follow any additional posted procedures for using the colocation area.
I agree not to enter the colocation area with any food, drink, firearms, illegal drugs, or alcohol.
I agree not to engage in any criminal activity while in the colocation area, including Interfering for any
✓ reason with any equipment not maintained by me.
I agree that failure to follow any of these procedures may result in permanent denial of access to the
._._.._....... colocation area.
I agree that I am responsible for the cost of replacing any lost or stolen security devices issued to me.
1 agree to notify FRII promptly if my keycard /s lost or stolen.
ab 51 yJ G L
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Title C.Pany
Date
Customer Approved By (Panted Namc) Tide Company Signature Date
PRn Issued By(MntN Name)
Front Range Internet, Inc
Tidc Company Signature
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User Information
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Card A
To be filled out for each Individual authorized to access the collocation Spa"
Name
Company Name /DBA
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Address
Cus[ tiP
Cust State Zip Code
Phone Number
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Email Address
aA+r[Mfl'Fc mV,ca:+1
Customer s
Driver's Ucenso Stato & Number
160194
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Agreement
V I understand and agree to abide by the terms of the FRII Coloration Agreement.
I agree that my authority to access the coloration area is limited to me alone and that I will not provide
access to another individual for any reason, including sharing of any security device or access Information
jssued to me.
fI agree that my access to and actions within the coloration area may be monitored by FRII for security
purposes.
I agree that I am responsible for any damage I may cause while accessing the coloration area, including any
damage caused by my failure to follow proper security procedures, whether intentional or not.
I agree not to "prop open" any door or otherwise attempt to bypass any security measure at the facility.
I agree to follow any additional posted procedures for using the coloration area.
I agree not to enter the coloration area with any food, drink, firearms, Illegal drugs, or alcohol.
I agree not to engage in any criminal activity white in the coloration area, including Interfering for any
reason with any equipment not maintained by me.
-/ I agree that failure to follow any of these procedures may result in permanent denial of access to the
coloration area. .
--ZI agree that I am responsible for the cost of replacing any lost or stolen security devices Issued to me.
I agree to notify FRII promptly if my keycard Is lost or stolen.
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Front Range Internet, Inc.
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User Information
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Card #
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Company Name
OBA
Address
Cugc 5i[y
Cult State
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Pho(:l Number , �J ��
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Customer #
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Agreement
I understand and agree to abide by the terms of the FR11 Colocation Agreement.
-,� 1 agree that my authority to access the colocation area is limited to me alone and that 1 will not provide
access to another individual for any reason, including sharing of any security device or access information
issued to me.
I agree that my access to and actions within the colocation area may be monitored by FRII for security
purposes.
I agree that I am responsible for any damage 1 may cause while accessing the colocation area, including any
damage caused by my failure to follow proper security procedures, whether intentional or not.
I agree not to "prop open" any door or otherwise attempt to bypass any security measure at the facility.
I agree to follow any additional posted procedures for using the colocation area.
I agree not to enter the colocation area with any food, drink, firearms, illegal drugs, or alcohol.
I agree not to engage in any criminal activity while in the colocation area, including interfering for any
reason with any equipment not maintained by me.
/ I agree that failure to follow any of these procedures may result in permanent denial of access to the
— colocation area.
1� I agree that I am responsible for the cost of replacing any lost or stolen security devices issued to me.
�G I agree to notify FRII promptly if my keycard is lost or stolen.
Title
Signature
Date
Customer Approved By (Printed Name) Title Company signature Data
Front Range Internet, Inc.
FRII ivued ay(Frinted Name) Title Company signature Date
Company Information Service Order *11308
City of Fort Collin-Colocation
�— --)
j
215 N Mason
Fort Collins, CO 80524
,
Technical Contact Installation Location
Paul Folger Front Range Internet / .Data Center
pfolger@fcgov.com 3350 Eastbrook Drive
Fort Collins, CO 80525
•
970-416-2777 970-212-0700
PRICING DETAILS Applltable fees, federal, state, and local taxes and are not Included. All warranties (If any) are provided by the manufacturer.
•
Service: Install new 24 pair Fiber bundle Total One -Time Price: Total Monthly Price:
Term: i months $3,637.50 $0.00
Totals Include:
• (1) Install new 24 pair fiber bundle for exclusive use for the City of FC.
,
Agreement
The Initial Term of this Service Order shall be 1 month(s) and may be renewed in Customer's discretion for 1 month terms as provided in the Master
a
Service Agreement (Agreement) and applicable exhibits, including the Service Level Agreement and Colocation Exhibit, up to a total of 5 years. All
prices subject to applicable fees, federal, state, and local taxes. My signature certifies that I am legally authorized to enter Into this Agreement on
•
behalf of Customer, and that Customer agrees to comply with the terms and conditions in the Service Order contained herein. Customer agrees to the
setup, equipment, consulting, and recurring fees written above. Subject to the Terms and Conditions, unless otherwise stated in writing, equipment
purchases are provided by FRII "AS IS" without warranties of any kind, either express or implied including but not limited to warranties of title or
implied warranties of merchantability or fitness for a particular purpose or use with respect to the service or information. All warranties (if any) are
•
provided by the manufacturer. The parties have executed this Agreement and Service Order as of the date indicated below.
City of Fort Collins-Coiocation I Front Range Intern Inc. \ I - 1 t� i
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•
Name(Prin 1��J l.. Ci Name (Print): 1Lt.tAM
Signatures �j Signature: , ,t ftr�
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f�-H14-JL-',(-�C2;S� n(,T Title:
Title: �Fka'LLI�IC 1.L0
Date: `/ Z 6� (2, Date: 4/ 216
Internet Connectivity I Data Center I Colocation I VPS I Hosting I Email
Front Range Internet, Inc. • 3350 Eastbrook Drive • Fort Collins, CO 80525 • 970-212-0700 • http://www.frii.com
Modified Master Services Agreement Standard Terms and Conditions
The following terms and conditions govern Front Range Internet, Inc.'s ("FRII") provision of FRII network,
Colocation, MailArmoryO, and SureRing'rm Voice over IP ("VoIP") services ("Service(s)") to the company or
individual ("Customer"), together (the "Parties"), as described on the Service Order Form ("Order"). This
Agreement governs both the Service and any devices, such as an IP phone, Analog Telephone Adapter,
Multimedia Terminal Adapter, router, or any other IP connection device ("Device") used in conjunction with the
Service. The term Service is limited to the equipment, facilities, programming or software provided by FRII to
facilitate FRII Service but does not include any equipment, facilities, programming or software not owned by
FRII. Specifically, FRII Service includes only that portion of the telecommunications provider's demarcation at
FRII's facility and FRII owned equipment. If Service is, or becomes subject to, a tariff filed with the Federal
Communications Commission or any other regulatory institution (`"tariff'), the terms and conditions of such
Tariff, including rates, shall govern Customer's use of Service.
1. Term and Termination. The Term commences on the Billing Commencement Date as specified below
and continues for one year (or as otherwise specified on the Service Order Form(s)) from the Effective
Date. The initial Term may be renewed by customer for one year renewal periods, or as otherwise
specified on the Order form, upon no less than 30 days advance notice to FRII, absent contrary written
notice from FRII provided at least 180 days in advance of the next renewal term. Termination for cause
by FRII may occur upon: (a) unremedied material breach by Customer of any term herein or in any
attached document after thirty (30) days written notice; (b) Customer's failure to function as a going
concern or operate in the ordinary course; or (c) breach of the confidentiality restrictions in Section 7.
Either Party may terminate the Service at any time by providing written notice to the other Party at least
180 days prior to the requested termination date; provided, however, that such termination shall not
affect Customer's obligations hereunder, including payment of Fees for all Services rendered prior to
termination. In the event of a default by either party under the terms of this Agreement, the non -
defaulting party shall give the defaulting party written notice of the default. The defaulting party will
have ten (10) days from the date such written notice is sent as provided herein to cure the default; or, if
more than ten (10) days are reasonably required to cure the default, to commence such cure, provided
the defaulting party diligently pursues the cure to completion. In the event the default remains
uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b)
treat the Agreement as continuing and require specific performance; or (c) avail himself of any other
remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the
defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting
party's reasonable attorney fees and costs incurred because of the default.
2. Fees and Invoicing. Base prices, rates and payment terms shall be as set forth on the Service Order
Form(s), as well as the costs of third party services or products including increases thereto, purchased by
FRII on the Customer's behalf at Customer's request (collectively, the "Fees"). Setup/startup fees are
nonrefundable. Fees shall be invoiced together with any applicable sales, use or other taxes one month
in advance of when the Service is to be provided. Automated payments will be initiated on the first day
of the month for which the Service is to be provided. Customer agrees to pay all charges incurred. All
payments shall be made in U.S. Dollars. Customer shall provide FRII with the automated payment
information, either bank routing and account or credit card information as changes occur from time to
time. Late payment fees equal to the greater of $5.00 or 1.5% of the unpaid balance due shall be
assessed on all amounts not paid within thirty (30) days of the invoice date. Unless otherwise stated on
the Service Order, setup fees and fees for the first month of Service are due and payable upon execution
of the Order.
Customer is responsible for, and shall pay any applicable federal, state, municipal, local, or other
governmental sales, use, excise, value-added, personal property, public utility, or other taxes, fees, or
charges now in force or enacted in the future, except income taxes, that arise from or as a result of
Customer's subscription or use or payment for the Service or a Device. Such amounts are in addition to
Page I of Initial,( /�,(� Initialslav_j
Modified Master Services Agreement Standard Terms and Conditions
payment for the Service or Devices. If Customer is exempt from payment of such taxes, Customer shall
provide FRII with documentation attesting to tax-exempt status. Tax exemption will only apply from
and after the date FRII receives the tax exempt documentation.
Customer agrees that failure to pay all fees then due and owing constitutes a material breach and default
of this Agreement. FRII may, following notice and opportunity to cure as provided in Section 1 above,
suspend performance or provision of the Service or terminate this Agreement for late or non-payment of
Fees and Customer shall be liable for any reasonable attorney's or collection agency fees incurred by
FRII in connection therewith. If Customer is delinquent in its payments FRII may, upon written notice
to Customer, modify the payment terms to require full payment before the further provision of any
Service or require other assurances to secure Customer's payment obligations hereunder. FRII shall
provide Customer, at its request, with a schedule of any fees for additional Service not covered in the
Service Order Form. FRII may price such additional Service in its sole discretion. Any Service upgrades
requested by Customer may result in additional fees or other charges. FRII may reclassify service levels,
revise product or Service descriptions, or modify published prices. Such changes will not become
effective with respect to Customer until the commencement of the next Term. FRII will give Customer
written notice of any such changes no less than thirty (30) days before the Term renewal date. If the
Parties fail to agree within fourteen (14) days before the date of the effective price increase, either Party
may give the other Party six (6) months notice and terminate this Agreement without liability therefore
except for accrued Fees. Customer shall otherwise be responsible for Service fees according to the new
base prices for Services installed.
3. Billing Commencement. Billing for FRII Service Fees commences upon the earliest of (a) activation of
the ordered Service; or (b) activation of the port circuit at FRII's service point. Billing for any
applicable local loop/Telco fees commences upon delivery of the local loop/Telco connection. Billing
for any applicable colocation space fees commences upon the earlier of (a) the date specified in the
Service Order Form, or (b) the date Customer takes possession of the space.
4. Acceptable Use, Provision and Maintenance of Systems. Customer agrees that failure to comply with
this Section 4C, FRII Acceptable Use Policies, is a material breach of this Agreement and their use of
the Service may be interrupted upon detection and without further notice. If Customer or their Users
engage in conduct while using the Service that violates the Policy, or is otherwise illegal or improper,
FRII reserves the right to suspend and/or terminate the Service or the Customer's access to the Service.
FRII will attempt to notify Customer of any activity in violation of the Policy and request that the
Customer cease such activity; however, in cases where the operation of the FRII's Network is
threatened or cases involving unsolicited commercial email/SPAM, mail relaying, alteration of your
source IP address information, denial of service attacks, illegal activities, suspected fraud in connection
with the use of Service, harassment or copyright infringement, we reserve the right to suspend or
terminate your Service or Customer's access to the Service without advance notification. In the event
such action is taken by FRII, Customer will be notified as soon as practicable, and Customer's Service
will be reinstated when FRII determines the condition causing interruption has been remedied by
Customer. In addition, we may take any other appropriate action against a User for violations of the
Policy. FRII reserves the right to avail itself to the safe harbor provisions of the Digital Millennium
Copyright Act. We do not make any promise, nor do we have any obligation, to monitor or police
activity occurring using the Service and will have no liability to any party, including you, for any
violation of the Policy.
Page 2 of 7 InitialsL y Initials (/l ,
Modified Master Services Agreement Standard Terms and Conditions
A. Customer shall, at its own expense, provide all necessary preparations required to comply with
FRII's installation and maintenance specifications, and Customer shall be responsible for the costs
of relocation of any equipment or telecommunications circuits once Service are initiated. This
includes, but is not limited to, a circuit from a location of Customer's choice to the FRII router,
circuit termination and packet switching equipment to connect Customer systems or networks to
Service.
B. Customer shall provide, in a timely manner, information related to Service as requested by FRII to
troubleshoot Service.
C. Customer shall not nor shall it permit or assist others to use Service for any purpose other than that
for which they are intended or for any unlawful purpose. Customer shall use Service in compliance
with this section 4C, and FRII's backbone providers or in a manner that, in FRII's discretion, is
consistent with the generally accepted rules of Internet etiquette and conduct. Customer shall take
all prudent precautions to protect the security of all its equipment connected to the Service from
unauthorized use, intentional or not. Customer shall be liable and responsible for any unauthorized
use of Service. Customer shall not nor shall it permit or assist others to abuse or fraudulently use
Service, including but not limited to the following:
1. Obtaining or attempting to obtain service by any fraudulent means or device with intent to
avoid payment;
2. Accessing, altering, or destroying of any information of FRII, its customers, or another
external service by any unauthorized means or device, or attempting to do so;
3. Permitting the accessing, altering, or destroying of any information of FRII, its customers, or
another external service by any unauthorized means or device;
4. Using Service so as to interfere with the use of the FRII network by other customers,
intentionally or not; or in violation of the law or in aid of any unlawful act.
5. Use of Service to send abusive, harassing or obscene messages; sending of unsolicited, bulk
messages commonly known as spam; sending messages where the actual sender's identity is
disguised; sending transmissions with the effect of denying service provided by FRII or
another external service or its Customers; intentionally or not. Unsolicited, for the purpose of
this provision, is defined as that which was not applied for, requested or sought by the
recipient.
b. The uploading, sending, transmitting, or pennitting the uploading of programs intended to
damage, harm, interfere with, other users of the Internet, intentionally or not, or in violation of
the law or in aid of any unlawful act.
D. FRII shall not be responsible for the installation, operation or maintenance of equipment or
software not provided by FRII; nor shall FRII be responsible for the transmission or reception of
information by equipment or software not provided by FRII.
Customer shall be responsible for the use and compatibility of equipment or software not provided
by FRII. In the event that Customer uses equipment or software not provided by FRII that impairs
the Customer's use of Service, Customer shall nonetheless be liable for payment for Service. Upon
notice from FRII that the equipment or software not provided by FRII is causing or is likely to
cause hazard, interferences or service obstruction, Customer shall eliminate the likelihood of
hazard, interference or service obstruction. Customer shall if necessary pay FRII to troubleshoot
difficulties caused by equipment or software not provided by FRII. FRII will notify Customer by
telephone or email before any such charges are incurred.
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For Customer equipment, hardware or software not owned or operated by FRII, FRII shall not be
responsible for any changes in Service that cause such equipment, hardware or software to become
obsolete, require modification or alteration, or otherwise affect performance of Customer's use of
Service.
G. Equipment provided by FRII as a part of the Service and not purchased by Customer shall be
surrendered upon termination of Service in an operable condition. Customer shall be liable for
replacement of said equipment not returned in an operable condition.
5. FRII Warranty and Disclaimer. FRII will make every commercially reasonable effort to deliver a
high quality Service to Customer. FRI I warrants that all work performed hereunder will be performed
with a high degree of competence and care in accordance with accepted standards for work of a similar
nature. FRII will take all necessary precautions in performing the work hereunder to prevent injury to
persons and property. Unless otherwise agreed by the parties in writing, all materials and equipment
provided by FRI I for the services provided under any Order shall be new and, where not specified, of
the most suitable grade of their respective kinds for their intended use, and all workmanship shall be
reasonably acceptable to the Customer. Unless otherwise specified by FRII in writing, there are no
other performance or reliability warranties either expressed or implied. Customer's remedy for breach of
the above warranty or any claim related to the Service shall be as described in Section 1, above. For
equipment provided by FRII, FRII's responsibility shall be strictly as set forth in the agreements
covering such provisioning, and if none, then the provisions of this Section 5 will apply. UNLESS
OTHERWISE STATED IN WRITING, FRII DOES NOT WARRANT UNINTERUPTED USE OF
THE EQUIPMENT OR SERVICE. FRII DOES NOT WARRANT THAT ANY DATA OR ANY
FILES SENT BY OR TO CUSTOMER WILL BE TRANSMITTED IN UNCORRUPTED FORM OR
WITHIN A REASONABLE TIME. ANY EQUIPMENT AND/OR THE SUBJECT MATTER OF
THIS AGREEMENT, THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON -INFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY
EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY LAW.
6. INDEMNITIES. To the extent permitted by law, including the Charter of the City of Fort Collins,
Customer shall indemnify and save FRII harmless from and against all loss, liability, damage and
expense, including reasonable attorneys fees, caused by Customer's officers, employees, agents,
vendors or contractors arising from claims or demands: (a) for damages to property or for injury or
death to persons, including without limitation any disability, death or Worker's Compensation benefits;
(b) arising from data transmitted, received or stored on or over FRII's network by or through Customer
in violation of the provisions of Section 4 above; (c) for any damages or loss incurred directly by FRII
as a result of a failure of any Customer -provided equipment installed within FRII's facilities or on
Customer's premises, including, but not limited to, failures resulting in fire, electrical malfunction, and
heat and/or water damage, even when such Customer -provided equipment was installed with the
permission or assistance of FRII; (d) of infringement of a third party's proprietary rights based on any
information, materials or access to property provided by Customer; or (e) arising out of or relating to the
conduct of Customer's business, including without limitation, claims by any customer or end user of
Customer's products or Service, and claims relating to the acquisition or use by Customer of any
product or Service to be provided under this Agreement. Notwithstanding the preceding, each Party
assumes responsibility for its own negligence and that of its officers, employees and agents, and
Customer has no obligation to FRII or any third parties for claims or demands arising out of the
intentional or negligent acts or omissions of FRII, its officers, employees, agents, vendors or
contractors. Nothing in this Agreement, any Order, or any related documents or agreements is intended
to act as a waiver of the provisions of the Colorado Governmental Immunity Act, C.R.S. Sec. 24-10-101
et seq.
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Confidentiality. In connection with this Agreement, the Parties may obtain information of the other
Party that is confidential or proprietary in nature ("Confidential Information"). With respect to FRII,
such Confidential Information shall include, without limitation: (a) any specifications, protocols, router
configuration syntax and routing data and tables related to its MailArmory® technology and network
Service; (b) any processes, methods, ideas, techniques, drawings, works of authorship, inventions,
know-how, software, algorithms and formulae related to the products or Service of FRII; (c) information
concerning research, development, financials, procurement, customer lists, investors, employees, third
party relationships, forecasts and marketing plans of FRII; (d) any other information or material that is
proprietary to FRII; and (e) any other information that is marked confidential, restricted, proprietary or
with a similar designation. Such information shall be deemed Confidential Information, whether or not
described as such at the time of communication. The Parties agree: (i) to take all reasonable steps
necessary to maintain the confidentiality of any such Confidential Information and not to disclose such
Confidential Information without the other Party's prior written consent; (ii) to not use or copy any
Confidential Information for any purpose other than in direct furtherance of the purposes of this
Agreement; and (iii) that their obligations under this Section 7 shall survive the termination of this
Agreement for a period of three years. Notwithstanding the foregoing, each Party's confidentiality
obligations shall not apply to the extent that disclosed Confidential Information: (1) is already known to
the other Party without an obligation of confidentiality; (2) becomes publicly available through no fault
of the other Party; (3) is received from a third party rightfully and without restriction; (4) is
independently developed without exposure to the Confidential Information; or (5) is required to be
disclosed by law, provided the non -disclosing Party is provided reasonable notice prior to the disclosure
and the disclosing Party reasonably cooperates in any attempt by the non -disclosing Party to quash the
legal requirement or otherwise prevent disclosure of its Confidential Information through legal means.
The terms and conditions of this Agreement shall be deemed to be Confidential Information except that
FRII may disclose and list Customer as a customer of the Service in connection with FRII's advertising,
publicity and promotion of the Service.
8. Prohibition Against Employing Illegal Aliens.
Pursuant to Section 8-17.5-101, C.R.S., et. seq., FRII represents and agrees that:
a. As of the date of this Agreement:
1. FRII does not knowingly employ or contract with an illegal alien who will perform work
under this Agreement; and
2. FRII will participate in either the e-Verify program created in Public Law 208, 104th
Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by
the United States Department of Homeland Security (the "e-Verify Program") or the Department
Program (the "Department Program"), an employment verification program established pursuant to
Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired
employees to perform work under this Agreement.
b. FRII shall not knowingly employ or contract with an illegal alien to perform work under this
Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts
with an illegal alien to perform work under this Agreement.
C. FRII is prohibited from using the e-Verify Program or Department Program procedures to
undertake pre -employment screening of job applicants while this Agreement is being performed.
d. If FRII obtains actual knowledge that a subcontractor performing work under this Agreement
knowingly employs or contracts with an illegal alien, FRII shall:
1. Notify such subcontractor and the Customer within three days that FRII has actual
knowledge that the subcontractor is employing or contracting with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to this section the subcontractor does not cease employing or contracting with
the illegal alien; except that FRII shall not terminate the contract with the subcontractor if during such
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three days the subcontractor provides information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien.
e. FRII shall comply with any reasonable request by the Colorado Department of Labor and
Employment (the "Department") made in the course of an investigation that the Department undertakes
or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
f. if FRII violates any provision of this Agreement pertaining to the duties imposed by Subsection
8-17.5-102, C.R.S. the Customer may terminate this Agreement. If this Agreement is so terminated,
FRII shall be liable for actual and consequential damages to the Customer arising out of FRII's violation
of Subsection 8-17.5-102, C.R.S.
g. The Customer will notify the Office of the Secretary of State if FRII violates this provision of
this Agreement and the Customer terminates the Agreement for such breach.
9. General.
A. Parties may assign this Agreement to a parent company, assigns or an affiliate. Customer shall
provide FRII with thirty (30) days notice prior to any such assignment.
B. The Parties will not be responsible for performance of their obligations hereunder where delayed or
hindered by war, riots, embargoes, strikes, or other concealed acts of workmen (whether of FRII or
others), casualties, accidents or other occurrences beyond Parties control (Force Majeure). The
party shall notify the other in the event of any of the foregoing occurrences. Should such
occurrence continue for more than thirty (30) days, FRII or Customer may cancel the affected
Service with no further liability.
C. The provision of Service by FRII is subject to FRII's continuing approval, at FRII's sole discretion,
of Customer's credit -worthiness. Customer shall furnish financial information as FRII may from
time to time request to determine Customer's credit -worthiness.
D. Subject to the notice and cure provisions in Section I above, FRII may, at its sole discretion,
interrupt Service and retake possession of Service and Devices, before, during or after action to
recover sums hereunder, retain all payments made hereunder, and recover charges and costs owed
by Customer as well as any other damages FRII may have sustained because of Customer's default.
For purposes of this provision, "Default" shall mean where Customer becomes subject of a
voluntary or involuntary bankruptcy, insolvency, reorganization or liquidation proceeding; makes
an assignment for the benefit of creditors; admits in writing its inability to pay debts when due; or
fails within ten (10) days after written notice to remedy any breach of this Agreement.
E. This Agreement shall be governed by the laws of the State of Colorado. Any legal action arising
out of failure, malfunction or defect in Service shall be brought within one (1) year of the
occurrence or is deemed waived. Any and all actions shall be brought in the appropriate court
system in the State of Colorado.
F. This Agreement may not be modified except by written amendment or exhibit by the parties. No
agent, employee or representative of FRII or Customer has authority to bind the parties to any
representation or warranty unless such is specifically included in this Agreement, the Order, or
written amendments thereto.
G. Notice addresses and contacts shall be as shown on the Service Order or as changed in writing from
time to time by the Parties. Notice to the parties of disputes arising under this Agreement shall be
sent in writing by regular mail to the Notice address. All other notices may be sent by email to the
address shown on the Service Order.
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