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If to County:
<br />For Legal or Operational Notices:
<br />County of Anoka
<br />2100 3rd Avenue
<br />Anoka MN 55303
<br />Attn: County Administrator
<br />With a copy to: County Attorney
<br />For Billing:
<br />Department of Information Services
<br />Anoka County
<br />2100 3rd Avenue
<br />Anoka MN 55303
<br />Attn: Accounts Payable
<br />18. ADDITIONAL TERMS AND CONDITIONS APPLICABLE
<br />ONLY TO THE PURCHASE OF 1P/DATA BASED
<br />SERVICES
<br />18.1 Utilization Forecast. County may be required to
<br />provide Zayo with quarterly or monthly utilization forecasts.
<br />Failure to provide such forecasts or chronic under -forecasting
<br />may affect Zayo's network efficiency and could result in
<br />termination of Service under one or more applicable Service
<br />Order(s) upon thirty (30) days notice In the event Zayo
<br />determines in its sole discretion that its network efficiency has
<br />been adverselyaffected.
<br />18.2 IP Address Allocation Policy. Zayo assigns IP
<br />addresses to its County's for use with certain IP/data based
<br />Service. Zayo shall retain any assigned public 1P address
<br />I when County's service is terminated. Zayo and County agree
<br />that assigned addresses are 'non-portable" and other
<br />providers are not allowed to route these addresses. County,
<br />who has its own IP addresses, which are allocated directly
<br />from American Registry for Internet Numbers (ARIN), will be
<br />• ported/routed by Zayo where reasonably possible. However,
<br />-Zayo cannot guarantee the portability/routability of these
<br />addresses beyond its own backbone and to the Internet in
<br />general. Zayo reserves the right to modify its IP Address
<br />allocation Policy without notice.
<br />18.3 Acceptable Use Policy. Zayo supports the free
<br />flow of information and ideas over the Internet. Zayo does not
<br />actively monitor nor does Zayo exercise editorial control over
<br />the content of any web site, electronic mail transmission,
<br />mailing list, News Group or other material created or
<br />accessible over Zayo networks. However, Zayo reserves the
<br />right to remove any materials, that, In Zayo's sole discretion,
<br />are potentially illegal, may subject Zayo to liability, or violate
<br />this. Acceptable Use Policy ("AUP"). Such materials may
<br />Include, but are not limited to, material that is inappropriate,
<br />obscene (including child pornography), defamatory, libelous,
<br />threatening, abusive, hateful, or excessively violent. Any
<br />violation of this Policy may result in the. suspension or
<br />cancellation of Zayo services without liability to Zayo.
<br />Channeling any part of any such activity through Zayo's
<br />network resources shall constitute a violation of this Policy,
<br />ZAYO WILL IN NO EVENT BE LIABLE OR RESPONSIBLE
<br />FOR THE INTERNET OR ANY INFORMATION CONTAINED
<br />Rev. 9/1109
<br />THEREON. ZAYO DOES NOT WARRANT AND DOES NOT
<br />ASSUME ANY LIABILITY FOR ANY CONSEQUENCES
<br />SUFFERED BY ANY PERSON AS A RESULT OF
<br />OBTAINING INTERNET ACCESS INCLUDING, WITHOUT
<br />LIMITATION, DAMAGES ARISING FROM INTERNET
<br />CONTENT OR FROM COMPUTERVIRUSES.
<br />Using Zayo services and equipment for illegal purposes or
<br />in support of illegal activities is strictly prohibited. Zayo
<br />reserves the right to cooperate with legal authorities and/or
<br />injured third parties in the Investigation of any .suspected crime
<br />---or-civil wrong: Activities, which -are in -violation af. any local,.
<br />state' or federal laws, statutes, . regulations, treaties and/or
<br />tariffs, would constitute a flagrant violation of the AUP. Should
<br />any County activity threaten the integrity ofor threaten to
<br />adversely affect Zayo's network, Zayo shall be allowed to take
<br />steps to reduce or contain the damage, including termination or
<br />suspension of the DIA Service.
<br />18.4 Caching. Zayo reserves the right to cache data,
<br />including but not limited to advertisements, from County's
<br />servers to end-users which Is transported over Zayo's network.
<br />In the event Zayo acts to. protect its' network integrity data,
<br />County agrees to co-operate with Zayo in the caching process.
<br />County agrees to make reasonable changes to County client
<br />and server code in order to allow Zayo to cache the data.
<br />Notwithstanding anything in this Agreement to the contrary,
<br />Zayo shall have the right to increase its prices as a result of the
<br />failure to adequately cache. County shall have thirty (30) days
<br />from the date it receives notice of such price increase to either
<br />accept such increase or terminate the Service Order without
<br />penalty. The prices set forth in the applicable Service Order
<br />shall remain in effect during such 30 -day period. Thereafter,
<br />the new increase prices shall take effect.
<br />18.5 Soam: Zayo prohibits the transmission, distribution
<br />or storage of unwanted or offensive content, Prohibited
<br />transmissions include without limitation, viruses, trojan horse
<br />programs, messages which include character sequences
<br />intended to control the recipient's computer or display screen,
<br />make=money fast schemes, pyramid or chain letters, fraudulent
<br />offers, threats, harassment, defamation, postings to a
<br />newsgroup in violation of its rules, charter or FAQ, unsolicited
<br />advertising (whether commercial or informational) and
<br />unsolicited e-mail ("SPAM"). Zayo strongly opposes SPAM,
<br />which floods the Internet with unwanted and unsolicited e-mail
<br />and deteriorates the performance and availability of the Zayo
<br />network. All forms of SPAM, and all activities -that have the
<br />effect of facilitating SPAM, 'are strictly prohibited. Violation of
<br />this provision will result in termination of any applicable Service
<br />Attachment and/or County's entire Master Agreement. Zayo
<br />shall be allowed to take any action It deems necessary to
<br />prevent the transmission, distribution or storage of SPAM.
<br />18.6 Traffic Limitation. The IP/based data Services
<br />provided hereunder are to be used only In conjunction with
<br />services purchased from Zayo. Notwithstanding anything in
<br />this Agreement to the contrary, no data traffic shall traverse
<br />Zayo's connections unless such traffic originates from or is
<br />destined for County end-users assigned to the service ports
<br />provided under this Agreement. Traffic not described in the
<br />preceding sentence shall be blocked from traversing Zayo's
<br />peering connections.
<br />18.7 fraud and Network Security. Zayo is not liable for
<br />any damages County may incur as a result of the unauthorized
<br />use of County's network facilities. In no 'event will Zayo be
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