FPUAnet Service Terms of Use

Important note

FPUAnet Communications (“FPUAnet”) may revise this Acceptable Use Policy (“AUP”) from time to time without notice by posting a new version of this document on the FPUAnet website at https://fpuanet.com/terms-and-service/ All revised versions of the AUP are effective immediately upon posting. Accordingly, customers and users of FPUAnet’s Services should regularly visit our website and review this AUP to ensure that their activities conform to the most recent version. The continued use of FPUAnet’s Services following the posting of a revised version of this AUP constitutes acceptance of those revised terms. In the event of a conflict between a subscriber or customer agreement and the AUP, the terms of the AUP will govern.

Introduction

 FPUAnet’s services are provided by the FPUAnet division of Fort Pierce Utilities Authority, Ft. Pierce, Florida. The terms, FPUA, FPUAnet, ispEZ, and GigaBand are service marks that may be used interchangeably in this AUP. This AUP is intended to enhance the use of all services (the “Service”) provided by FPUAnet by preventing unacceptable use, as provided below. All users of the Service, whether a subscriber or not, must comply with this AUP. By using the Service you signify your agreement to all of the terms set forth herein.

Generally, FPUAnet does not monitor or edit the content posted by users of the Service or other Internet services that may be available on or through the Service (newsgroups, chat rooms, message boards, etc.). However, FPUAnet and its agents reserve the right to monitor content and to remove any materials that, in their sole discretion, may be illegal, may subject it to liability, is harmful, objectionable, or which may violate this AUP. FPUAnet may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Service and/or your FPUAnet Internet account.

PROHIBITED USES AND ACTIVITIES

 Prohibited uses include, but are not limited to, using the Service to:

1. gain unauthorized access to any other person’s computer or computer systems, software, or data without their knowledge or consent; breach the security of another user; or attempt to circumvent the use authentication or security of any host, network, or This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts;
2. undertake or accomplish any unlawful This includes, but is not limited to, posting, storing, transmitting, or disseminating information, data or material which is libelous, obscene, unlawful, threatening, defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, order or regulation;
3. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, violent, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
4. use or distribute tools designed or used for compromising security, such as password guessing programs, decoders, password gatherers, unauthorized keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Network probing or port scanning tools are only permitted when used in conjunction with a residential home network, or if explicitly authorized by the destination host and/or network. Unauthorized port scanning, for any reason, is strictly prohibited;
5. upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining permission of the owner;
6. restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose, or knowledge, to use or enjoy the Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to send or retrieve information;
7. restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any FPUAnet host, server, backbone network, node or service, or otherwise cause a performance degradation to any facility used to deliver the Service;
8. initiate, perpetuate, or in any way participate in any pyramid or other illegal soliciting scheme;
9. impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity;
10. collect, or attempt to collect, personal information about third parties without their consent unless authorized by applicable law;
11. run programs, equipment, or servers from the Premises that provide network content or any other services to anyone outside of your Premises LAN (Local Area Network), also commonly referred to as public services or servers. Examples of prohibited services and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers;
12. resell or share the Service or otherwise deviating from the Service parameters defined in the subscriber agreement or sales order;
13. service, alter, modify, or tamper with the FPUAnet equipment or the Service. Rebooting, recycling power, disconnecting, or powering down FPUAnet equipment is specifically Please note that an FPUAnet switch or other device in your premise or home is used to deliver the Service. If that device loses power, even momentarily, it may disrupt the Service for several customers, as well as your Service.

A Special Note Concerning Minors: Protecting children's privacy is especially important to FPUAnet. FPUAnet is committed to complying with the Children's Online Privacy Protection Act of 1998 and all other applicable laws. FPUAnet recommends that children ask a parent for permission before sending personal information to FPUAnet, or to anyone else on the Internet. Accordingly, persons under the age of 13 are not authorized to provide FPUAnet with personally identifying information and we will not use any such information in our database collection activities. FPUAnet appreciates your cooperation with this federally-mandated requirement.

INAPPROPRIATE CONTENT AND TRANSMISSIONS

 FPUAnet reserves the right, but not the obligation, to refuse to transmit or to post and to remove or to block any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful. Neither FPUAnet nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, newsgroup, and instant message transmissions as well as materials available on the Personal Web Pages and Online Storage features) made on the Service. However, FPUAnet and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this AUP and to disclose, block, or remove them. This AUP should be read in conjunction with any other applicable agreements and policies relative to the character of the provided Services.

 SECURITY

 There is a chance that a dedicated connection may be “always on,” meaning, the risk of losing data to unauthorized users is greater than with intermittent service, such as dial-up connection. You are responsible for any misuse of the Service, even if the misuse was committed by a friend, family

member, or guest with access to your Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Services by, for example, strictly maintaining the confidentiality of your Service login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared of that device. FPUAnet is not responsible for any loss or corruption that may occur to your device or data.

 NETWORK, BANDWIDTH, DATA STORAGE AND OTHER LIMITATIONS

 FPUAnet may provide versions of the Service with different speeds and bandwidth usage limitations, among other characteristics, subject to applicable Service plans, subscriber agreements, and sales orders. Unless otherwise stated in a written and signed quote, all FPUAnet quotes for Service are valid for 90 days, after which quotes automatically expire. You shall ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other user's use of the Service, nor represent (in the sole judgment of FPUAnet) an overly large burden on the network.

 You further agree to comply with all FPUAnet network, bandwidth, and data storage and usage limitations. You shall ensure that your bandwidth consumption using the Service does not exceed the limitations that are now in effect or may be established in the future. If your use of the Service results in the consumption of bandwidth in excess of the applicable limitations, that is a violation of this Policy. In such cases, FPUAnet may, in its sole discretion, terminate or suspend your Service account or request that you subscribe to a version of the Service with higher bandwidth usage limitations if you wish to continue to use the Service at higher bandwidth consumption levels. If FPUAnet determines that your account is exceeding your parameters, you will be notified by e-mail. If the excess use continues for more than 10 days, the Service may then be suspended, and, after 30 more days of non-compliance, terminated. If excessive bandwidth utilization is determined by FPUAnet to impair FPUAnet’s ability to provide the Service for its other customers, FPUAnet may immediately reduce bandwidth available to you. In such event, you will be notified by e-mail as soon as practicable.

 PROTECTION OF THE SERVICE

FPUAnet may take any limited action it deems appropriate, without notice, to reasonably protect the Service, its network, and its facilities. In the event FPUAnet Communication takes any action to protect the Service and its facilities which negatively impacts the Service, FPUAnet will provide you with immediate notice of such action and how any such negative impacts on the Service will be mitigated. If FPUAnet denies you access to Service pursuant to this AUP, you will have no right: (i) to access through FPUAnet any materials stored on the Internet, or (ii) to access third party services, merchandise or information on the Internet through FPUAnet. FPUAnet will have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility to any consequences resulting from lack of notification.

 ADDITIONAL TERMS OF ALL SERVICES

You expressly consent and authorize Fort Pierce Utilities Authority (“FPUA”), its authorized agents and assignees, for the purpose of servicing your account or to collect any amounts you may owe, to contact you by telephone, text message, e-mail or via the Internet at any telephone number, e-mail address or website associated with you or your account, whether obtained from you or from third parties, including by cell phone, which could result in cellphone charges to you. Methods of contact may include using prerecorded/artificial voice messages, use of an automatic dialing device, text messages, e-mails, and communications via Internet sites and/or social and business networking websites as applicable. You understand that consent is a condition of obtaining FPUAnet service. You acknowledge you have read this disclosure and agree that FPUA and its Authorized Agents may contact you as described above.

 You acknowledge that you understand that if your bill is not paid by the due date, your account is subject to penalty charges and disconnection. It is further understood that any charges incurred for collection of delinquent account(s) will be added to the customer’s indebtedness. In such case, a Collection Agency Fee, currently 18%, will be added to the final bill.

 VIOLATION OF ACCEPTABLE USE POLICY

FPUAnet does not routinely monitor the activity of the Service accounts for violation of this AUP. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of the Service. Although FPUAnet has no obligation to monitor the Service and/or the network, FPUAnet and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content from time to time to operate the Service; to identify violations of this AUP; and/or to protect the network, the Service and users.

 FPUAnet prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if the Service is used in a way that FPUAnet or its suppliers, in their sole discretion, believe violate this AUP, FPUAnet or its suppliers may take any responsive actions they deem appropriate. These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. Neither FPUAnet nor its affiliates, suppliers or agents will have any liability for any these responsive actions. These actions are not FPUAnet’s exclusive remedies and FPUAnet may take any other legal or technical action it deems appropriate.

FPUAnet reserves the right to investigate suspected violations of this AUP, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on FPUAnet’s servers and network. During an investigation, FPUAnet may suspend the account or accounts involved and/or remove or block material that potentially violates this AUP. You expressly authorize FPUAnet and its suppliers to cooperate with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities to enforce this Policy. This cooperation may include FPUAnet providing available personally identifiable information about you to law enforcement or system administrators, including, but

not limited to, username, subscriber name, and other account information. FPUAnet will disclose personally identifiable information about you, without consent, when required by law, to comply with a valid legal process such as a subpoena, court order, or search warrant. FPUAnet may also use or disclose personally identifiable information about our customers without consent to protect customers, employees, or property, in emergency situations, to enforce our rights in court or elsewhere, or directly with customers, and for violations of the Service's terms and conditions and policies.

The failure of FPUAnet or its suppliers to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

INDEMNIFICATION

You agree to indemnify, defend and hold FPUAnet harmless from any claims resulting from your use of the Service, all items defined by the Service Order, and any related activities of you and your agents, such as mounting cameras or other devices on an FPUAnet or FPUA poles, whether authorized or not, that result in injury or other damage to you or another party. Use of any information obtained via the Service is at your own risk. FPUAnet is not responsible for the accuracy, quality or content of information obtained through the Service. This AUP should be read in conjunction with any other applicable agreements and policies relative to the character of the Service provided by FPUAnet. FPUAnet’s policies and agreements can be viewed online at: https://fpuanet.com/terms-and-service/

 REVISIONS TO THIS ACCEPTABLE USE POLICY

 FPUAnet reserves the right to revise, amend or modify this AUP at any time and in any manner. Amendments of other FPUAnet policies will be made in accordance with the conditions stated in those policies.

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1. GENERAL
   1. Introduction
      FPUAnet Communications services are provided by the FPUAnet Communications division of Fort Pierce Utilities Authority (“FPUA”), Fort Pierce, Florida, USA, and the terms “FPUA” and “FPUAnet” are service marks that may be used interchangeably in this Agreement.  By using this service, also called Residential Internet Service, (the “Service”), or by establishing an account, “you,” the customer, agree to be bound by this agreement (the “Agreement”) and to use the Service in compliance with this Agreement, the Acceptable Use Policy, all other applicable user policies (collectively “Terms of Service”) available on the World Wide Web at https://fpuanet.com/terms-and-service/; as well as Sales Order(s) (if any) by which you ordered your Service; and any other related documents signed by you.  Special notes printed in the Sales Order prior to execution by both parties shall supersede the corresponding language of this agreement.  FPUA may update this Agreement from time to time, and will publish the current version on the above website.  FPUA will also announce such revisions by email to a list it maintains for this purpose.  You are responsible for submitting your email address to this list on the  http://join.fpua.net/user_dashboard website, and for updating your email address if it changes.  Agreement updates are effective thirty (30) days after their publish dates.  If you do not agree to any future revisions of this Agreement, and you have a current Sales Order, you may notify FPUA in writing within thirty (30) days after the notice of revision.  If you have thus notified FPUA and have a current Sales Order that has been executed prior to the revision date, the revision to which you have reported objection will not apply for the duration of the current term of your Sales Order.  In the absence of your notification under a current Sales Order, your continued use of this Service following the posting of any revisions to this Agreement constitutes your acceptance of those revisions.
   2. Definitions
      FPUA’s “Network” shall refer to the linked communications system created by the installation of the fiber optic cables, other cables, and wired and wireless devices owned, leased or otherwise contracted for use by FPUA.
      “Demarcation” shall refer to the point of connection between the connector, switch, or other device at the edge of FPUA’s Network and the mating connector of the Customer’s network, as defined in the Sales Order.
      “Residential Internet Service” provides high quality Internet access, for Residential and general use, on the FPUAnet Network, which is operated seven (7) days per week, twenty-four (24) hours per day.  FPUAnet service is not a common-carrier telecommunications service.  The location and specifications of a Service are defined in the Sales Order.
2. SERVICES
   1. In consideration for the payments to be made by you, pursuant to the terms of each Sales Order and this Agreement, the Service Provider (“FPUAnet”), will provide your device or network with the Service.
   2. Except as modified in the Sales Order, you shall provide FPUAnet with adequate space within its buildings or facilities for FPUAnet’s equipment required to furnish the service and will provide the necessary electrical power to operate the onsite equipment. In addition, Customer will provide FPUAnet with ingress and egress to the properties, access to the buildings and access to conduit entering the building for telecommunications services from the public right of way, if necessary, to the applicable equipment room for FPUAnet’s installation of its cable or wire.
      1. All costs associated with any building modifications or conduit installation on the premises will be borne by the Customer, unless there has been a prior agreement between the parties covering said costs. FPUAnet will install its wire or cable once the Customer has provided for access.
      2. Where the premises are not owned by the customer, Customer shall obtain all necessary approvals, including easements, license and/or permits where applicable from the owner which will allow FPUAnet to locate, install and maintain its equipment, cable and wire on the premises and to remove its equipment, cable and wire in the event of customer’s default of any of the provisions of this Commitment or at the termination of this Commitment.
      3. FPUAnet will have the right to perform inspections and audits of its equipment and fibers for its own internal contract accounting purposes.
      4.  All equipment, cable, wire and fiber optic lines provided or installed by FPUAnet shall remain the property of FPUAnet. The Customer will provide and allow FPUAnet access to the premises for normal and emergency maintenance, and if necessary, to remove or replace any of the equipment, cable, wire and/or fiber optic lines.
      5. FPUA retains the right to leave and use any of its equipment, cable, and wire in place beyond Service termination, until FPUA decides to remove part or all of it.
      6. All equipment, cable and wire provided or installed by FPUAnet shall remain the property of FPUAnet. The Customer will cooperate and allow FPUAnet access to the premises for normal and emergency maintenance, and for necessary removal or replacement of any equipment, cable and/or wire.
3. SCOPE OF SERVICES
   1.  Internet Services. Flexible Bandwidth purchased for Internet usage will coincide with Internet Services commitment. Customer understands that Customer’s authorized users may access the Internet through the Service.  Customer understands further that, except for certain products and services specifically identified as being offered by FPUAnet, neither FPUAnet nor any of its affiliates operates or controls the Internet in any way, and that all merchandise, information and services offered or made available or accessed by Third Parties who are not affiliated with FPUAnet, its agents, or affiliates.  Customer assumes total responsibility and risk for Customer’s use and Customer’s authorized user’s use of the Service and the Internet.  Neither the FPUAnet, its’ agents nor affiliates make any express or implied warranties, representations or endorsements whatsoever. FPUAnet does not guarantee any internet speed, all purchased internet services will be provided on a best effort basis.
   2.  Customer acknowledges access to the Service(s) under this Agreement is intended for the use of the Customer and its authorized users only. Customer and its authorized users shall not resell or share the Service(s) to any other party without having executed a separate Reseller Agreement with FPUAnet.
   3.  Customer will follow the rules set forth in the Acceptable Use Policy which is located on the FPUAnet website. This policy is located at: https://fpuanet.com/terms-and-service/
4. SERVICE LEVEL AGREEMENT (SLA)
   This Service is provided on best effort basis and FPUAnet does not warrant that the Service shall be error free or without interruption.  No credit shall be allowed for any interruption of this Service, unless expressly provided herein to the contrary.  FPUAnet shall have no obligation to provide alternative routing with respects to any transmission capacity provided pursuant to this Agreement.
5. MAINTENANCE
   FPUAnet may, at its sole and absolute discretion, perform “Routine” or “Emergency” maintenance, which may affect or impair Customer’s service availability. Routine Maintenance shall be defined as upgrades of hardware or software to increase capacity or replace equipment. Routine maintenance may temporarily degrade the quality of the Service or cause outages. For purposes of this Agreement, maintenance outages are not considered service interrupting and therefore will not be considered for an Outage Credit. Customers will receive advanced notice of the Routine maintenance outage at least seven (7) Calendar Days in advance and should plan accordingly. Emergency Maintenance shall be defined as the efforts necessary to correct a service-interrupting event requiring immediate and prompt action. Emergency maintenance may degrade the quality of service, or cause outages. FPUAnet Communications will make reasonable and practical efforts to notify customers of emergency maintenance requirements. Outages resulting from emergency maintenance are not considered service interrupting and therefore will not be considered for an Outage Credit.  Catastrophic outages defined as an outage lasting more than 48 consecutive hours will be considered for an Outage Credit.  Notifications: Customers are required to provide a contact person and an escalation list for notification purposes. FPUAnet will provide notifications via email, direct calls, and on our website.
6. FPUA EQUIPMENT
   1. Equipment provided by FPUA (“the Equipment”) for the Service is owned by FPUA and is to be returned to FPUA upon termination of the Service, unless otherwise stated in the Sales Order.
   2. FPUA agrees to keep the Equipment in good repair for the duration of the Service. Except as modified in the Sales Order, you grant to FPUA and its agents rack, wall or shelf space at each Demarcation, electricity with proper grounding, and access to operate and service FPUA equipment.
   3. You will protect the Equipment and premises cabling, and be responsible for any damage to or loss of the Equipment and premises cabling, including the result of improper grounding, your abuse or negligence, and acts of God, until it is returned to FPUA.
   4. This warranty is in lieu of all other warranties, express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose.
   5. You agree to return the Equipment within seven (7) days after termination of the Service, and to immediately pay the fair market value for any part of the Equipment not returned to FPUA within that seven (7)-day period. Fair market value will be reasonably determined at FPUA’s sole discretion.
   6. If FPUA damages your premises (“the Premises”) during the Service installation or maintenance, FPUA will compensate the owner of the Premises for reasonable, actual, and documented costs of necessary repair.
7. PAYMENT
   1. In consideration for the Service to be provided by FPUA, you shall pay fees to FPUA, including a monthly fee in accordance with the Sales Order, or in the absence of a Sales Order, FPUA’s applicable fee schedule or price list. FPUA reserves the right to change pricing at any time, except that your pricing is protected within the current Term of your Sales Order.  You shall also pay appropriate deposits and late payment fees in accordance with the then current security deposit, credit, and collection policies of FPUA, and any sales tax, Communications Services tax, or any taxes or other fees required by applicable law.  To the extent permitted by law, the parties agree to make all reasonable efforts to cooperate and to provide assistance to one another in an attempt to obtain all available exemptions from any taxes to which any party may be subject as a result of entering into this Agreement.
   2.  Payment shall be due in accordance with your Sales Order and monthly billing. Three payment options are available in accordance with FPUA resolutions:
      1. Inclusion of Communication Services charges on your monthly paper invoice. This option is available at no extra charge if you receive a paper invoice for electric, water, wastewater, gas, or other FPUA utility services.
      2.  Automatic bank draft using FPUA’s EZPay service. There is no extra charge for this option, which is available to all utility customers of FPUA.  EZPay authorizes FPUA to make automatic monthly charges each calendar month against your bank account.  This authorization shall be cancelable by you via written notice to FPUA, delivered by either email, facsimile transmission, or United States Mail (First Class, postage prepaid).  To sign up, go to FPUA’s Payment Options page at https://fpua.com/account-and-billing/
      3.  Automatic credit card payments. FPUA reserves the right to pass on to you a third party "convenience fee," if any, for credit card payments.  For current details, go to the Online Services page at https://fpua.com/account-and-billing/, or call Customer Service at 466-1600.
8. TERM OF AGREEMENT
   1.  Your Service Term of Agreement is twelve (12) months, unless otherwise stated on the Sales Order. At the end of the initial Term of Agreement, the Service and Agreement will continue on a month-to-month basis until terminated with at least thirty (30) days’ notice by either party, or renewed by written agreement of both parties, unless otherwise stated on the Sales Order.
   2.  If FPUA materially defaults in performance of any duty or obligation imposed by this Agreement, you may terminate this Agreement after giving written notice to FPUA specifying the existence and nature of the default, and giving FPUA thirty (30) days from the effective date of the notice to cure the default. Events of material default by FPUA shall include, but are not limited to, failure to perform its duties hereunder three (3) or more times within any calendar month.  If you terminate this Agreement for such fault of FPUA, in accordance with this paragraph, you will not be obligated to pay any monthly Service charges beyond the month in which you terminate, for the balance of the Term of Agreement.
   3.  FPUA may suspend or terminate the Service upon no less than thirty (30) days’ prior notice, and Service suspension under this section shall not release you from your monthly payments or other obligations for the remainder of your Service Term of Agreement, upon (i) your failure to pay any amounts invoiced hereunder within thirty (30) days after the date of the invoice; or (ii) your failure or refusal to cure any breach of this Agreement (other than as mentioned above) within thirty (30) days after notice of such breach has been given by FPUA to you. If such failure, which caused FPUA to give notice of suspension or termination, is cured by you within the time periods provided for in this paragraph, such notice shall not be effective and this Agreement shall continue in full force and effect.
   4.  If you terminate the Service prior to the completion of the full Term of Agreement, you agree to pay FPUA, within seven (7) days, all of the balance on your account, the fair market value of any Equipment not returned, as described in Section 6 of this agreement, and 70% of the monthly Service charges for the balance of the Term of Agreement.
   5.  If you cancel a Service prior to Service activation, you agree to pay FPUA for the first month’s Service, the Installation/Set-up fee, and any additional costs incurred by FPUA in preparation for activating the Service. These additional costs may, for example, include engineering, provider services, permitting, cabling, and other labor and materials costs committed by FPUA.
9.  INFORMATION SECURITY
   1.  This Service DOES NOT include storage or backup services for your data. FPUA shall have no responsibility for your failure to backup, or loss of any of your data. You are responsible for providing any archival history services with respect to your data, whether created by you or a third party.  Service transports data through optical and electrical communications cables and network nodes, some of which may utilize signal splitters in secured locations for non-invasive test ports.
   2. Each Sales Order with its attachments contains sensitive Proprietary Confidential Business Information, is exempt from public records disclosure in accordance with Florida Statutes 688,202 and 364, and Customer agrees to exercise due care to keep it confidential, subject to current law.
10. DISCLAIMER OF WARRANTIES
    FPUA exercises no control whatsoever over the content, accuracy, or quality of the information passing through its Network or any products ordered by you via its Network.  The information or products obtained by you through the Service are provided "as is" without any warranties whatsoever, expressed or implied.
11. LIMITATION OF LIABILITY
    In no event shall either party be liable to the other for any consequential or special damages arising out of or in relation to this Agreement or the Service, including, but not limited to, damages incurred by you resulting from loss of data due to delays, non-deliveries, mis-deliveries or interruptions in Service, regardless of the cause.
12. FORCE MAJEURE
    Neither party shall be considered in default of its obligations hereunder if performance of such obligations is prevented or delayed by acts of God, government, hackers, vandals, war, civil disorder, or by riots, Denial of Service attacks, labor disputes, failure or delay of transportation or third-party providers, or such other causes as are beyond such party's reasonable control.
13. ASSIGNMENT
    No party to this Agreement may assign its rights or delegate its duties hereunder, in whole or in part, without the prior, written consent of the other party.
14. CONSTRUCTION
    Any word in this Agreement shall be read either as singular or plural, and as either masculine, feminine, or neuter gender, as the context may require. Captions are included for convenience only, and shall not be construed to limit, expand, or otherwise modify the text of this Agreement in any manner.  Each party assumes equal responsibility for the drafting of this Agreement, and this Agreement shall not be construed more strongly against one party or the other on the basis of which party drafted or prepared it or any portion of it.
15.  NOTICES
    Any notice permitted or required by this Agreement shall be in writing and shall be either delivered in person; mailed by United States Mail, certified with return receipt requested and all postage prepaid; delivered by Federal Express, UPS or other widely recognized overnight courier services; or delivered by facsimile or electronic transmission with confirmation of receipt.  Notice sent by certified mail shall be effective on the third business day following postmark, whether or not actually received, if properly addressed with postage prepaid.  Notice delivered in person shall be effective upon delivery.  Notice sent by overnight courier service, properly addressed with all charges prepaid, shall be effective at 5:00 PM on the next business day following placement of the notice in the hands of the courier service for delivery.  Notice sent by facsimile or electronic transmission, properly addressed, shall be effective at 5:00 PM on the next business day following confirmation of receipt.Address to:

     

    Fort Pierce Utilities Authority
    FPUAnet Communications Division
    206 South 6^th Street
    Fort Pierce, FL  34950

16. GOVERNING LAW
    This Agreement shall be construed under the laws of Florida, and as applicable, of the United States of America.  Venue for any action or proceeding arising out of this Agreement shall be in Florida, within or closest to St. Lucie County.Revised 06/14/2022

1. GENERAL
   1. Introduction
      FPUAnet Communications services are provided by the FPUAnet Communications division of Fort Pierce Utilities Authority (“FPUA”), Fort Pierce, Florida, USA, and the terms “FPUA” and “FPUAnet” are service marks that may be used interchangeably in this Agreement.  By using this service, also called Commercial Internet Service, (the “Service”), or by establishing an account, “you,” the customer, agree to be bound by this agreement (the “Agreement”) and to use the Service in compliance with this Agreement, the Acceptable Use Policy, all other applicable user policies (collectively “Terms of Service”) available on the World Wide Web at https://fpuanet.com/terms-and-service/; as well as Sales Order(s) (if any) by which you ordered your Service; and any other related documents signed by you.  Special notes printed in the Sales Order prior to execution by both parties shall supersede the corresponding language of this agreement.  FPUA may update this Agreement from time to time, and will publish the current version on the above website.  FPUA will also announce such revisions by email to a list it maintains for this purpose.  You are responsible for submitting your email address to this list on the  http://join.fpua.net/user_dashboard website, and for updating your email address if it changes.  Agreement updates are effective thirty (30) days after their publish dates.  If you do not agree to any future revisions of this Agreement, and you have a current Sales Order, you may notify FPUA in writing within thirty (30) days after the notice of revision.  If you have thus notified FPUA and have a current Sales Order that has been executed prior to the revision date, the revision to which you have reported objection will not apply for the duration of the current term of your Sales Order.  In the absence of your notification under a current Sales Order, your continued use of this Service following the posting of any revisions to this Agreement constitutes your acceptance of those revisions.
   2. Definitions
      FPUA’s “Network” shall refer to the linked communications system created by the installation of the fiber optic cables, other cables, and wired and wireless devices owned, leased or otherwise contracted for use by FPUA."Demarcation" shall refer to the point of connection between the connector, switch, or other device at the edge of FPUA’s Network and the mating connector of the Customer’s network, as defined in the Sales Order.
      "Commercial Internet Service" provides high quality Internet access, for commercial and general use, on the FPUAnet Network, which is operated seven (7) days per week, twenty-four (24) hours per day.  FPUAnet service is not a common-carrier telecommunications service.  The location and specifications of a Service are defined in the Sales Order.
2. SERVICES
   1. In consideration for the payments to be made by you, pursuant to the terms of each Sales Order and this Agreement, the Service Provider (“FPUAnet”), will provide your device or network with the Service.
   2. Except as modified in the Sales Order, you shall provide FPUAnet with adequate space within its buildings or facilities for FPUAnet’s equipment required to furnish the service and will provide the necessary electrical power to operate the onsite equipment.  In addition, Customer will provide FPUAnet with ingress and egress to the properties, access to the buildings and access to conduit entering the building for telecommunications services from the public right of way, if necessary, to the applicable equipment room for FPUAnet’s installation of its cable or wire.
      1. All costs associated with any building modifications or conduit installation on the premises will be borne by the Customer, unless there has been a prior agreement between the parties covering said costs.  FPUAnet will install its wire or cable once the Customer has provided for access.
      2. Where the premises are not owned by the customer, Customer shall obtain all necessary approvals, including easements, license and/or permits where applicable from the owner which will allow FPUAnet to locate, install and maintain its equipment, cable and wire on the premises and to remove its equipment, cable and wire in the event of customer’s default of any of the provisions of this Commitment or at the termination of this Commitment.
      3. FPUAnet will have the right to perform inspections and audits of its equipment and fibers for its own internal contract accounting purposes.
      4. All equipment, cable, wire and fiber optic lines provided or installed by FPUAnet shall remain the property of FPUAnet.  The Customer will provide and allow FPUAnet access to the premises for normal and emergency maintenance, and if necessary, to remove or replace any of the equipment, cable, wire and/or fiber optic lines.
      5. FPUA retains the right to leave and use any of its equipment, cable, and wire in place beyond Service termination, until FPUA decides to remove part or all of it.
      6. All equipment, cable and wire provided or installed by FPUAnet shall remain the property of FPUAnet. The Customer will cooperate and allow FPUAnet access to the premises for normal and emergency maintenance, and for necessary removal or replacement of any equipment, cable and/or wire.
3. SCOPE OF SERVICES
   1. Internet Services.  Flexible Bandwidth purchased for Internet usage will coincide with Internet Services commitment.  Customer understands that Customer’s authorized users may access the Internet through the Service.  Customer understands further that, except for certain products and services specifically identified as being offered by FPUAnet, neither FPUAnet nor any of its affiliates operates or controls the Internet in any way, and that all merchandise, information and services offered or made available or accessed by Third Parties who are not affiliated with FPUAnet, its agents, or affiliates.  Customer assumes total responsibility and risk for Customer’s use and Customer’s authorized user’s use of the Service and the Internet.  Neither the FPUAnet, its’ agents nor affiliates make any express or implied warranties, representations or endorsements whatsoever. FPUAnet does not guarantee any internet speed, all purchased internet services will be provided on a best effort basis.
   2. Customer acknowledges access to the Service(s) under this Agreement is intended for the use of the Customer and its authorized users only.  Customer and its authorized users shall not resell or share the Service(s) to any other party without having executed a separate Reseller Agreement with FPUAnet.
   3. Customer will follow the rules set forth in the Acceptable Use Policy which is located on the FPUAnet website.  This policy is located at: https://fpuanet.com/terms-and-service/
4. SERVICE LEVEL AGREEMENT (SLA)
   This Service is provided on best effort basis and FPUAnet does not warrant that the Service shall be error free or without interruption.  No credit shall be allowed for any interruption of this Service, unless expressly provided herein to the contrary.  FPUAnet shall have no obligation to provide alternative routing with respects to any transmission capacity provided pursuant to this Agreement.
5. MAINTENANCE
   FPUAnet may, at its sole and absolute discretion, perform “Routine” or “Emergency” maintenance, which may affect or impair Customer’s service availability. Routine Maintenance shall be defined as upgrades of hardware or software to increase capacity or replace equipment. Routine maintenance may temporarily degrade the quality of the Service or cause outages. For purposes of this Agreement, maintenance outages are not considered service interrupting and therefore will not be considered for an Outage Credit. Customers will receive advanced notice of the Routine maintenance outage at least seven (7) Calendar Days in advance and should plan accordingly. Emergency Maintenance shall be defined as the efforts necessary to correct a service-interrupting event requiring immediate and prompt action. Emergency maintenance may degrade the quality of service, or cause outages. FPUAnet Communications will make reasonable and practical efforts to notify customers of emergency maintenance requirements. Outages resulting from emergency maintenance are not considered service interrupting and therefore will not be considered for an Outage Credit.  Catastrophic outages defined as an outage lasting more than 48 consecutive hours will be considered for an Outage Credit.  Notifications: Customers are required to provide a contact person and an escalation list for notification purposes. FPUAnet will provide notifications via email, direct calls, and on our website.
6.  FPUA EQUIPMENT
   1. Equipment provided by FPUA (“the Equipment”) for the Service is owned by FPUA and is to be returned to FPUA upon termination of the Service, unless otherwise stated in the Sales Order.
   2. FPUA agrees to keep the Equipment in good repair for the duration of the Service.  Except as modified in the Sales Order, you grant to FPUA and its agents rack, wall or shelf space at each Demarcation, electricity with proper grounding, and access to operate and service FPUA equipment.
   3. You will protect the Equipment and premises cabling, and be responsible for any damage to or loss of the Equipment and premises cabling, including the result of improper grounding, your abuse or negligence, and acts of God, until it is returned to FPUA.
   4. This warranty is in lieu of all other warranties, express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose.
   5. You agree to return the Equipment within seven (7) days after termination of the Service, and to immediately pay the fair market value for any part of the Equipment not returned to FPUA within that seven (7)-day period.  Fair market value will be reasonably determined at FPUA’s sole discretion.
   6. If FPUA damages your premises (“the Premises”) during the Service installation or maintenance, FPUA will compensate the owner of the Premises for reasonable, actual, and documented costs of necessary repair.
7. PAYMENT
   1. In consideration for the Service to be provided by FPUA, you shall pay fees to FPUA, including a monthly fee in accordance with the Sales Order, or in the absence of a Sales Order, FPUA’s applicable fee schedule or price list.  FPUA reserves the right to change pricing at any time, except that your pricing is protected within the current Term of your Sales Order.  You shall also pay appropriate deposits and late payment fees in accordance with the then current security deposit, credit, and collection policies of FPUA, and any sales tax, Communications Services tax, or any taxes or other fees required by applicable law.  To the extent permitted by law, the parties agree to make all reasonable efforts to cooperate and to provide assistance to one another in an attempt to obtain all available exemptions from any taxes to which any party may be subject as a result of entering into this Agreement.
   2. Payment shall be due in accordance with your Sales Order and monthly billing.  Three payment options are available in accordance with FPUA resolutions:
      1. Inclusion of Communication Services charges on your monthly paper invoice.  This option is available at no extra charge if you receive a paper invoice for electric, water, wastewater, gas, or other FPUA utility services.
      2. Automatic bank draft using FPUA’s EZPay service.  There is no extra charge for this option, which is available to all utility customers of FPUA.  EZPay authorizes FPUA to make automatic monthly charges each calendar month against your bank account.  This authorization shall be cancelable by you via written notice to FPUA, delivered by either email, facsimile transmission, or United States Mail (First Class, postage prepaid).  To sign up, go to FPUA’s Payment Options page at https://fpua.com/account-and-billing/
      3. Automatic credit card payments.  FPUA reserves the right to pass on to you a third party "convenience fee," if any, for credit card payments.  For current details, go to the Online Services page at https://fpua.com/account-and-billing/ , or call Customer Service at 466-1600.
8. TERM OF AGREEMENT
   1. Your Service Term of Agreement is twenty-four (24) months, unless otherwise stated on the Sales Order.  At the end of the initial Term of Agreement, the Service and Agreement will continue on a month-to-month basis until terminated with at least thirty (30) days’ notice by either party, or renewed by written agreement of both parties, unless otherwise stated on the Sales Order.
   2. If FPUA materially defaults in performance of any duty or obligation imposed by this Agreement, you may terminate this Agreement after giving written notice to FPUA specifying the existence and nature of the default, and giving FPUA thirty (30) days from the effective date of the notice to cure the default.  Events of material default by FPUA shall include, but are not limited to, failure to perform its duties hereunder three (3) or more times within any calendar month.  If you terminate this Agreement for such fault of FPUA, in accordance with this paragraph, you will not be obligated to pay any monthly Service charges beyond the month in which you terminate, for the balance of the Term of Agreement.
   3. FPUA may suspend or terminate the Service upon no less than thirty (30) days’ prior notice, and Service suspension under this section shall not release you from your monthly payments or other obligations for the remainder of your Service Term of Agreement, upon (i) your failure to pay any amounts invoiced hereunder within thirty (30) days after the date of the invoice; or (ii) your failure or refusal to cure any breach of this Agreement (other than as mentioned above) within thirty (30) days after notice of such breach has been given by FPUA to you.  If such failure, which caused FPUA to give notice of suspension or termination, is cured by you within the time periods provided for in this paragraph, such notice shall not be effective and this Agreement shall continue in full force and effect.
   4. If you terminate the Service prior to the completion of the full Term of Agreement, you agree to pay FPUA, within seven (7) days, all of the balance on your account, the fair market value of any Equipment not returned, as described in Section 6 of this agreement, and 70% of the monthly Service charges for the balance of the Term of Agreement.
   5. If you cancel a Service prior to Service activation, you agree to pay FPUA for the first month’s Service, the Installation/Set-up fee, and any additional costs incurred by FPUA in preparation for activating the Service.  These additional costs may, for example, include engineering, provider services, permitting, cabling, and other labor and materials costs committed by FPUA.
9. INFORMATION SECURITY
   1. This Service DOES NOT include storage or backup services for your data.  FPUA shall have no responsibility for your failure to backup, or loss of any of your data.  You are responsible for providing any archival history services with respect to your data, whether created by you or a third party.  Service transports data through optical and electrical communications cables and network nodes, some of which may utilize signal splitters in secured locations for non-invasive test ports.
   2. Each Sales Order with its attachments contains sensitive Proprietary Confidential Business Information, is exempt from public records disclosure in accordance with Florida Statutes 688,202 and 364, and Customer agrees to exercise due care to keep it confidential, subject to current law.
10. DISCLAIMER OF WARRANTIES
    FPUA exercises no control whatsoever over the content, accuracy, or quality of the information passing through its Network or any products ordered by you via its Network.  The information or products obtained by you through the Service are provided "as is" without any warranties whatsoever, expressed or implied.
11. LIMITATION OF LIABILITY
    In no event shall either party be liable to the other for any consequential or special damages arising out of or in relation to this Agreement or the Service, including, but not limited to, damages incurred by you resulting from loss of data due to delays, non-deliveries, mis-deliveries or interruptions in Service, regardless of the cause.
12. FORCE MAJEURE
    Neither party shall be considered in default of its obligations hereunder if performance of such obligations is prevented or delayed by acts of God, government, hackers, vandals, war, civil disorder, or by riots, Denial of Service attacks, labor disputes, failure or delay of transportation or third-party providers, or such other causes as are beyond such party's reasonable control.
13. ASSIGNMENT
    No party to this Agreement may assign its rights or delegate its duties hereunder, in whole or in part, without the prior, written consent of the other party.
14. CONSTRUCTION
    Any word in this Agreement shall be read either as singular or plural, and as either masculine, feminine, or neuter gender, as the context may require. Captions are included for convenience only, and shall not be construed to limit, expand, or otherwise modify the text of this Agreement in any manner.  Each party assumes equal responsibility for the drafting of this Agreement, and this Agreement shall not be construed more strongly against one party or the other on the basis of which party drafted or prepared it or any portion of it.
15. NOTICES
    Any notice permitted or required by this Agreement shall be in writing and shall be either delivered in person; mailed by United States Mail, certified with return receipt requested and all postage prepaid; delivered by Federal Express, UPS or other widely recognized overnight courier services; or delivered by facsimile or electronic transmission with confirmation of receipt.  Notice sent by certified mail shall be effective on the third business day following postmark, whether or not actually received, if properly addressed with postage prepaid.  Notice delivered in person shall be effective upon delivery.  Notice sent by overnight courier service, properly addressed with all charges prepaid, shall be effective at 5:00 PM on the next business day following placement of the notice in the hands of the courier service for delivery.  Notice sent by facsimile or electronic transmission, properly addressed, shall be effective at 5:00 PM on the next business day following confirmation of receipt.Address to:
    Fort Pierce Utilities Authority
    FPUAnet Communications Division
    206 South 6th Street
    Fort Pierce, FL  34950
16. GOVERNING LAW
    This Agreement shall be construed under the laws of Florida, and as applicable, of the United States of America.  Venue for any action or proceeding arising out of this Agreement shall be in Florida, within or closest to St. Lucie County.

Revised 06/14/2022

1. GENERAL
   1. Introduction
      FPUAnet Communications services are provided by the FPUAnet Communications division of Fort Pierce Utilities Authority (“FPUA”), Ft. Pierce, Florida, USA and the terms, FPUA, and FPUAnet service marks that may be used interchangeably in this Agreement. By using this Dedicated Internet Access service, also called Dedicated Fiber Internet Access, DFIA and DIA, (the “Service”) or by establishing an account, “you,” the customer, agree to be bound by this agreement (the “Agreement”) and to use the Service in compliance with this Agreement, the Acceptable Use Policy, all other applicable user policies (collectively “Terms of Service”) available on the World Wide Web at https://fpuanet.com/terms-and-service;  as well as Sales Order(s) (if any) by which you ordered your Service; and any other related documents signed by you.  Special notes printed in the Sales Order prior to execution by both parties shall supersede the corresponding language of this agreement.  FPUA may update this Agreement from time to time, and will publish the current version on the above website.  FPUA will also announce such revisions by email to a list it maintains for this purpose.  You are responsible for submitting your email address to this list on the http://join.fpua.net/user_dashboard  website, and for updating your email address if it changes.  Agreement updates are effective thirty (30) days after their publish dates.  If you do not agree to any future revisions of this Agreement, and you have a current Sales Order, you may notify FPUA in writing within thirty (30) days after the notice of revision.  If you have thus notified FPUA and have a current Sales Order that has been executed prior to the revision date, the revision to which you have reported objection will not apply for the duration of the current term of your Sales Order.  In the absence of your notification under a current Sales Order, your continued use of this Service following the posting of any revisions to this Agreement constitutes your acceptance of those revisions.
   2. Definitions
      FPUA’s “Network” shall refer to the linked communications system created by the installation of the fiber optic cables, other cables, and wired and wireless devices owned, leased or otherwise contracted for use by FPUA.
      “Demarcation” shall refer to the point of connection between the connector at the end of FPUA’s Network and the mating connector of the Customer’s network, as defined in the Sales Order.
      “Dedicated Internet Access” (DIA), also called Dedicated Fiber Internet Access (DFIA), service provides high quality Internet access with dedicated bandwidth, for commercial and general use, on the FPUAnet Network, which is operated seven (7) days per week, twenty-four (24) hours per day.  FPUAnet DIA service is not a common-carrier telecommunications service.  The location and specifications of a DIA are defined in the Sales Order.
2. SERVICES
   1. In consideration for the payments to be made by you, pursuant to the terms of each Sales Order and this Agreement, the Internet Service Provider (“FPUAnet”), will provide your network with an Ethernet connection to the Internet, as described in the Sales Order, for commercial and general uses via FPUA’s Internet backbone and Network facilities, which is operated seven days per week, twenty-four hours per day.  
   2.  FPUA and its contracted providers shall install and maintain all portions of its Network up to the Demarcation Point. FPUA shall give you at least 10 business days notice prior to the date of any scheduled, non-emergency work on the Network that may affect the Service.
   3.  Except as modified in the Sales Order, you will provide FPUA with ingress and egress to the property from the public right of way, for the installation to each exterior and interior connection and Demarcation Point. You will be responsible for all costs associated with any building modifications or conduit installation from the right of way or on the premises.  If requested by FPUA, you must provide access to FPUA or its designate to allow inspection of your connection frame and attached equipment, to insure its compatibility with the Network and to verify usage of Network resources.  Whether or not the premises are owned by you, you shall obtain all necessary approvals, including easements where applicable from the owner which will allow FPUA to locate, install and maintain its equipment, including 24/7 access for emergencies, and to remove its equipment, cable and wire in the event of your default of any of the provisions of this Agreement or after the termination of the Service or this Agreement. FPUA retains the right to leave and use any of its equipment, cable and wire in place beyond Service termination, until FPUA decides to remove part or all of it.
   4.  Any unscheduled outage of the Service will require FPUA to perform emergency repairs. You agree to report the outage by calling Outage/Trouble: (772) 466-7703, whenever possible; otherwise by telephone to FPUA’s 24-hour/7-day emergency repair crew dispatch number (currently 772-466-1600 ext. 6209). FPUA will remotely troubleshoot and, if necessary, dispatch repair crew personnel for emergency dispatch 24 hours a day, seven days a week, and shall not be prohibited from contracting for the repair when FPUA deems it desirable.  FPUA shall use reasonable best efforts to have its first maintenance person at the site requiring an emergency repair within four hours after the fault is identified and dispatch is deemed necessary.  FPUA will attempt to restore the Service no later than six hours after the fault is identified. FPUA retains the right to charge you for time and materials expended, if you tamper with FPUA equipment, or report system outages that are not faults of the Service, such as outages caused by your equipment. 
3. SERVICE LEVEL AGREEMENT (SLA)
   The SLA for this service is contained in a separate document.
4. THE FPUA EQUIPMENT
   1. Equipment provided by FPUA (“the Equipment”) for the Service is owned by FPUA and is to be returned to FPUA upon termination of the Service, unless otherwise stated in the Sales
   2.  FPUA agrees to keep the Equipment in good repair for the duration of the Service. Except as modified in the Sales Order, you grant to FPUA and its agents six (6) rack units, or equivalent wall or shelf space at each Demarcation, electricity with proper grounding, and access to operate and service FPUA equipment.
   3.  You will protect the Equipment and premises cabling, and be responsible for any damage to or loss of the Equipment and premises cabling, including the result of improper grounding, your abuse or negligence, and acts of God, until it is returned to FPUA.
   4.  This warranty is in lieu of all other warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.
   5.  You agree to return the Equipment within 7 days after termination of the Service, and to immediately pay the fair market value for any part of the Equipment not returned to FPUA within that 7-day period. Fair market value will be reasonably determined at FPUA’s sole discretion.
   6.  If FPUA damages your premises (“the Premises”) during the Service installation or maintenance, FPUA will compensate the owner of the Premises for reasonable, actual and documented costs of necessary repair, not to exceed $1,000.
5. PAYMENT
   1. In consideration for the Service to be provided by FPUA, you shall pay fees to FPUA, including a monthly fee in accordance with the Sales Order, or in the absence of a Sales Order, FPUA’s applicable fee schedule or price list. FPUA reserves the right to change pricing at any time, except that your pricing is protected within the current Term of your Sales Order.  You shall also pay appropriate deposits and late payment fees in accordance with the then current security deposit, credit, and collection policies of FPUA, and any sales tax, Communications Services tax, or any taxes or other fees required by applicable law.  To the extent permitted by law, the parties agree to make all reasonable efforts to cooperate and to provide assistance to one another in an attempt to obtain all available exemptions from any taxes to which any party may be subject as a result of entering into this Agreement.
   2. Payment shall be due in accordance with your Sales Order and monthly billing. Three payment options are available in accordance with FPUA resolutions:
      1. Include Communication Services charges on your monthly paper invoice. This option is available at no extra charge if you receive a paper invoice for electric, water, wastewater, gas or other FPUA utilities.  If you do not already receive a paper invoice, a monthly processing fee may be added.
      2. Automatic bank draft using FPUA’s EZPay service. There is no extra charge for this option.  EZPay authorizes FPUA to make automatic monthly charges each calendar month against your bank account.  This authorization shall be cancelable by you via written notice to FPUA, delivered by either email, facsimile transmission or United States Mail (First Class, postage prepaid).  To sign up, go to FPUA’s Payment Options page at http://www.fpua.com/customer_service/payment_options.php.
      3. Automatic credit card payments. FPUA reserves the right to pass on to you a third party "convenience fee", if any, for credit card payments.  For current details, go to the Online Services page at http://www.fpua.com/account/index.php, or call Customer Service at 466-1600.
6. TERM OF AGREEMENT
   1.  Your Service Term of Agreement is thrity-six (36) months, unless otherwise stated on the Sales At the end of the initial Term of Agreement, the Service and Agreement will continue on a month-to-month basis until terminated with at least 30 days notice by either party, or renewed by written agreement of both parties, unless otherwise stated on the Sales Order.
   2.  If the FPUA materially defaults in performance of any duty or obligation imposed by this Agreement, you may terminate this Agreement after giving written notice to FPUA specifying the existence and nature of the default, and giving FPUA thirty (30) days from the effective date of the notice to cure the default. Events of material default by FPUA shall include, but are not limited to, failure to perform its duties hereunder three or more times within any calendar month. If you terminate this Agreement for such fault of FPUA, in accordance with this paragraph, you will not be obligated to pay any monthly Service charges, beyond the month in which you terminate, for the balance of the Term of Agreement.
   3.  FPUA may suspend or terminate the Service upon no less than thirty (30) days prior notice, and Service suspension under this section shall not release you from your monthly payments or other obligations for the remainder of your Service Term of Agreement, upon (i) your failure to pay any amounts invoiced hereunder within thirty (30) days after the date of the invoice; or (ii) your failure or refusal to cure any breach of this Agreement (other than as mentioned above) within thirty (30) days after notice of such breach has been given by FPUA to you. If such failure, which caused FPUA to give notice of suspension or termination, is cured by you within the time periods provided for in this paragraph, such notice shall not be effective and this Agreement shall continue in full force and effect.
   4.  If you terminate the Service prior to the completion of the full Term of Agreement, you agree to pay FPUA, within 7 days, all of the balance on your account, the fair market value of any Equipment not returned, as described in section 4 of this agreement, and 50% of the monthly Service charges for the balance of the Term of Agreement.
   5.  If you cancel a Service prior to Service activation, you agree to pay FPUA for the first month’s Service, the Installation/Set-up fee, and any additional costs incurred by FPUA in preparation for activating the Service. These additional costs may, for example, include engineering, provider services, permitting, cabling, and other labor and materials costs committed by FPUA.
7. INFORMATION SECURITY
   1.  This Service DOES NOT include storage or backup services for your data. FPUA shall have no responsibility for your failure to backup, or loss of any of your data. You are responsible for providing any archival history services with respect to your data, whether created by you or a third party. Service transports data through optical and electrical communications cables and network nodes, some of which may utilize signal splitters in secured locations for non-invasive test ports.
   2.  FPUAnet Internet Access Services use Address Resolution Protocol (ARP) inspection of connections to the FPUAnet public, fiber-optic network.  This proactive and preventive measure helps to protect your information resources as well as our network infrastructure.  This means that all public IP and MAC address mappings must be registered with FPUAnet before use. If you require additional FPUAnet IP addresses, or add or replace edge devices, the IP and MAC addresses for those new devices must be registered with FPUAnet in order for those devices to communicate on our network.  This includes any FPUAnet IP addresses that have been assigned to you, prior to being placed into service.  To make any registration changes, please contact our Help Desk by phone at 772-466-1600, ext. 3911, between 8 am and 4 pm on regular weekdays.  For emergency, after-hours replacements, contact our 24/7 Dispatch desk at 772-466-1600, ext. 6209.  This registration requirement applies to Internet services only, such as DIA and WBI Services.
   3. Each Sales Order with its attachments contains sensitive Proprietary Confidential Business Information, is exempt from public records disclosure in accordance with Florida Statutes 202 and 364, and Customer agrees to exercise due care to keep it confidential, subject to current law.
8. DISCLAIMER OF WARRANTIES
   FPUA exercises no control whatsoever over the content, accuracy or quality of the information passing through its Network or any products ordered by you via its Network.  The information or products obtained by you through the Service are provided "as is" without any warranties whatsoever, expressed or implied. 
9. LIMITATION OF LIABILITY
   In no event shall either party be liable to the other for any consequential or special damages arising out of or in relation to this Agreement or the Service, including, but not limited to, damages incurred by you resulting from loss of data due to delays, non-deliveries, mis-deliveries or interruptions in Service, regardless of the cause.
10. FORCE MAJEURE
    Neither party shall be considered in default of its obligations hereunder if performance of such obligations is prevented or delayed by acts of God, government, hackers, vandals, war, civil disorder; or by riots, Denial of Service attacks, labor disputes, failure or delay of transportation or third-party providers, or such other causes as are beyond such party's reasonable control.
11. ASSIGNMENT
    No party to this Agreement may assign its rights or delegate its duties hereunder, in whole or in part, without the prior, written consent of the other party.
12. CONSTRUCTION
    Any word in this Agreement shall be read either as singular or plural, and as either masculine, feminine, or neuter gender, as the context may require. Captions are included for convenience only, and shall not be construed to limit, expand, or otherwise modify the text of this Agreement in any manner. Each party assumes equal responsibility for the drafting of this Agreement and this Agreement shall not be construed more strongly against one party or the other on the basis of which party drafted or prepared it or any portion of it.
13. NOTICES
    Any notice permitted or required by this Agreement shall be in writing and shall be either delivered in person; mailed by United States Mail, certified with return receipt requested and all postage prepaid; delivered by Federal Express, UPS or other widely recognized overnight courier services; or delivered by facsimile or electronic transmission with confirmation of receipt. Notice sent by certified mail shall be effective on the third business day following postmark, whether or not actually received, if properly addressed with postage prepaid. Notice delivered in person shall be effective upon delivery. Notice sent by overnight courier service, properly addressed with all charges prepaid, shall be effective at 5:00 PM on the next business day following placement of the notice in the hands of the courier service for delivery.  Notice sent by facsimile or electronic transmission, properly addressed, shall be effective at 5:00 PM on the next business day following confirmation of receipt.

    Address to:

    Fort Pierce Utilities Authority
    FPUAnet Communications Division
    206 South 6^th Street
    Fort Pierce, FL  34950 

14. GOVERNING LAW
    This Agreement shall be construed under the laws of Florida, and as applicable, of the United States of America. Venue for any action or proceeding arising out of this Agreement shall be in Florida, within or closest to St. Lucie County.

    Revised 06/14/2022 by 6146/6600

1. SERVICE DEFINITION
   “Dedicated Internet Access” (DIA), also called Dedicated Fiber Internet Access (DFIA), service provides high quality Internet access with dedicated bandwidth, for commercial and general use, on the FPUAnet Network, which is operated seven days per week, twenty-four hours per day.  The location and specifications of a DIA are defined in the Sales Order.
2. SERVICE LEVEL AGREEMENT (SLA)
   1.   SLA Terms and Conditions
      FPUA has built the highly efficient FPUAnet fiber optic Network, which is designed for 100% uptime and minimal delays (latency). To achieve such reliability, FPUA has more than one upstream connection to the Internet backbone, with automatic failover.  This means that, if one uplink fails, the traffic is automatically re-routed through another path.  The failover process typically takes only a few seconds.  In some rare circumstances, the failover path may provide less overall capacity than the primary path, possibly resulting in temporary congestion.  In such a case, our network equipment is configured to indiscriminately distribute the available capacity in proportion to the defined bandwidth of each affected service.  When the original uplink is restored, the traffic automatically changes back to the original path. In addition, devices on the FPUAnet Network are monitored constantly, seven days per week, twenty-four hours per day.

       

      This robust design of the FPUAnet Network allows FPUA to guarantee service levels.  If FPUA fails to meet any of the service levels defined in this section, your sole remedies shall be for FPUA to use commercially reasonable efforts to correct the deficiencies, for you to terminate the Service in accordance with the Corresponding Service Agreement, and for FPUA to credit your account, as appropriate, based on SLA Guarantee details below.
      
      The SLA Guarantee credits do not apply for failures (i) occurring during scheduled maintenance or configuration events; (ii) attributable to any application, equipment, system, act or omission of you, your employees, contractors, agents or end users; (iii) caused by Force Majeure or other causes beyond the reasonable control of FPUA, as defined in the Service Agreement for this Service; (iv) in which testing or repairs are delayed due to insufficient access to equipment in your premises; or (v) of four minutes or less in duration.

      In case of an SLA failure, you must first make sure the problem is not with your network.  You can normally verify this with a simple ping test to the FPUAnet gateway, currently numbered55.250.1. Then, notify FPUA through the Network Support section at www.fpuanet.com.  Website notification is best, but if you are unable to use the website, you may call FPUA’s Dispatch desk at 772-466-1600, ext. 6209 to request a trouble ticket be issued to verify and correct the issue.  FPUA reserves the right to charge reasonable fees for repeated false alarms.

      You must submit your request for credit within 30 days after the service failure event.  The request must include your account number, service address, contact information, description and date of the incident, FPUA trouble ticket number, amount of credit requested, and your calculations.  The total of all SLA credits shall not exceed the monthly rate for the portion of your service affected.  Mail the request to:
      Fort Pierce Utilities Authority
      FPUAnet Communications Division
      PO Box 3191
      Fort Pierce, FL  34948

      The credit should be applied to your account within two billing cycles.

      FPUA may update this SLA from time to time and will publish the current version on the above website.  FPUA will also announce such revisions by email to a list it maintains for this purpose.  You are responsible for submitting your email address to this list at https://fpuanet.com/terms-and-service/ on our website, and for updating your email address if it changes.  Agreement updates are effective 30 days after their publish dates.  If you do not agree to any future revisions of this Agreement, and you have a current Sales Order, you may notify FPUA in writing within 30 days after the notice of revision.  If you have thus notified FPUA and have a current Sales Order that has been executed prior to the revision date, the revision to which you have reported objection will not apply for the duration of the current term of your Sales Order.  In the absence of your notification under a current Sales Order, your continued use of this Service following the posting of any revisions to this Agreement constitutes your acceptance of those revisions.

   2.  Internet Availability SLA Guarantee
      1. Minimum Service availability is guaranteed to be:
         • 99.99% Internet Availability (also called Internet Uptime)
      2. Service Availability is expressed as a monthly percentage, calculated as:
         (minutes in the month – total unavailable minutes) / minutes in the month
      3. Service is considered unavailable whenever an outage is recorded by FPUA. An outage means that one or both of two conditions are occurring:
         • FPUA’s switch (or other device), containing the port used to hand off your service at your premise, is unable to obtain ping returns from Internet Protocol-addressed devices on the public Internet.
         • FPUA’s switch (or other device), containing the port used to hand off your service at your premise, does not return pings from other devices on the public Internet.
      4. If FPUA fails to meet this service level, you will receive a credit on your account, calculated as the sum of:
         • 10% of your monthly rate for the portion of your service affected, and
         • 100% minus Internet Availability [from section 2(B)ii], rounded to a whole number percent, such as, for example:
           100% - 98.3% = 1.7%, rounded to 2%.
   3.  Mean Time to Repair (MTR)
      MTR is a monthly measure, and the FPUAnet standard is four hours or less. MTR is defined as (total outages minutes) / (number of outages).  No credits are associated with MTR.
   4.  Latency SLA Guarantee
      Latency is the time between a ping request and receipt of the associated reply, expressed in milliseconds. If the monthly average latency between the FPUAnet gateway and the FPUAnet device in your premise exceeds 10 milliseconds, then you may receive a credit of 10% of your monthly rate for the portion of your service affected.  For specialized applications requiring very low latency, such as voice traffic, FPUA offers, at additional cost, customized Quality of Service (QoS) configuration.  If needed, such traffic is prioritized ahead of other data, to avoid such symptoms as voice jitter.
   5.  Packet Loss SLA Guarantee
      If the monthly average packet loss, at the port through which FPUA provides your service, exceeds 0.5%, then you may receive a credit of 3% of your monthly rate for the portion of your service affected.
   6.  Bandwidth SLA Guarantee
      1. The bandwidth, or data transmission speed, provided to you, from the port through which FPUA provides your service to the Internet, is defined in your FPUAnet Sales Order. However, when you connect to a site on the Internet, the speed experienced may be further limited by that site’s connection speed and equipment, as well as by pathways over the Internet itself.  Therefore, FPUA reserves the right to specify the test sites used, and to monitor the process for meaningful bandwidth testing.  FPUA further reserves the right to charge reasonable fees for testing at your site, if the testing shows no deficiency in bandwidth.
      2. Testing to verify bandwidth performance may be done by sampling speeds at regular intervals for a period or periods of time.
      3. The bandwidth provided by FPUA to you is guaranteed to be at least 90% of the defined bandwidth, for at least 90% of the time during which Service is available each month. If the bandwidth provided does not meet this standard, you may receive a credit of 10% of your monthly rate for the portion of your service affected.
3. Revised 12/22/2022 by 6146/6600

1. GENERAL
   1.  Introduction
      FPUAnet Communications services are provided by the FPUAnet Communications division of Fort Pierce Utilities Authority (“FPUA”), Ft. Pierce, Florida, USA and the terms, FPUA, and FPUAnet are service marks that may be used interchangeably in this Agreement. By using this E-Rate IP Link service (the “Service”) or by establishing an account, “you,” the customer, agree to be bound by this agreement (the “Agreement”) and to use the Service in compliance with this Agreement; the Acceptable Use Policy; all other applicable user policies (collectively “Terms of Service”) available on the World Wide Web at  https://fpuanet.com/terms-and-service/;  as well as Sales Order(s) (if any) by which you ordered your Service; and any other related documents signed by you.  Special notes printed in the Sales Order prior to execution by both parties shall supersede the corresponding language of this agreement.  E-Rate IP Link service alone does not include Internet service nor maintenance of your network, but such services may be available separately, either as separate line items or on separate, additional Sales Order(s).  FPUA may update this Agreement from time to time, and will publish the current version on the above website.  FPUA may notify you that such revisions have been published, but you accept sole responsibility for periodically reviewing the Terms of Service for any changes.  If you do not agree to any future revisions of this Agreement, and you have a current Sales Order, you may notify FPUA in writing within 90 days after the notice of revision.  If you have thus notified FPUA and have a current Sales Order that has been executed prior to the revision date, the revision to which you have reported objection will not apply for the duration of the current term of your Sales Order.  In the absence of your notification under a current Sales Order, your continued use of this Service following the posting of any revisions to this Agreement constitutes your acceptance of those revisions.  This Agreement applies to both governmental and non-governmental customers.
   2. Definitions
      FPUA’s “Network” shall refer to the linked communications system created by the installation of the fiber optic cables, other cables, and wired and wireless devices owned, leased or otherwise contracted for use by FPUA.

      “Demarcation” shall refer to the point of connection between the connector, switch, or other device at the edge of FPUA’s Network and the mating connector of the Customer’s network, as defined in the Sales Order.

      “E-Rate IP Link” (EIP) service will enable communication with Customer’s other EIP and/or BC and/or WBC services on the FPUAnet Network, which is operated seven (7) days per week, twenty-four (24) hours per day.  FPUAnet EIP service differs from other FPUAnet services in that EIP is a common-carrier telecommunications service.  The location and specifications of an EIP service are defined in the Sales Order.

2. SERVICES
   1.  In consideration for the payments to be made by you, pursuant to the terms of each Sales Order and this Agreement, the Service Provider (“FPUAnet”), will provide for your use the Service.
   2. FPUA and its contracted providers shall install and maintain all portions of its Network up to each Demarcation Point. FPUA shall give you at least 10 business days’ notice prior to the date of any scheduled, non-emergency work on the Network that may affect the Service.
   3. Except as modified in the Sales Order, you will provide FPUA with ingress and egress to the property from the public right of way, for the installation to each exterior and interior connection and Demarcation Point. You will be responsible for all costs associated with any building modifications or conduit installation from the right of way or on the premises.  If requested by FPUA, you must provide access to FPUA or its designate to allow inspection of your connection frame and attached equipment, to insure its compatibility with the Network and to verify usage of Network resources.  Whether or not the premises are owned by you, you shall obtain all necessary approvals, including easements where applicable from the owner which will allow FPUA to locate, install and maintain its equipment, including 24/7 access for emergencies, and to remove its equipment, cable and wire in the event of your default of any of the provisions of this Agreement or after the termination of the Service or this Agreement. FPUA retains the right to leave and use any of its equipment, cable and wire in place beyond Service termination, until FPUA decides to remove part or all of it.
   4. Any unscheduled outage of the Service will require FPUA to perform emergency repairs. You agree to report the outage on the website at fpuanet.com, whenever possible; otherwise by telephone to FPUA’s 24-hour/7-day emergency repair crew dispatch number (currently 772-466-1600 ext. 6209). FPUA will remotely troubleshoot and, if necessary, dispatch repair crew personnel for emergency dispatch 24 hours a day, seven days a week, and shall not be prohibited from contracting for the repair when FPUA deems it desirable.  FPUA shall use reasonable best efforts to have its first maintenance person at the site requiring an emergency repair within four hours after the fault is identified and dispatch is deemed necessary.  FPUA will attempt to restore the Service no later than six hours after the fault is identified.  FPUA retains the right to charge you for time and materials expended, if you tamper with FPUA equipment, or report system outages that are not faults of the Service, such as outages caused by your equipment.
3. SERVICE LEVEL AGREEMENT (SLA)
   The SLA for this service is contained in a separate document.
4. FPUA EQUIPMENT
   1. Equipment provided by FPUA (“the Equipment”) for the Service is owned by FPUA and is to be returned to FPUA upon termination of the Service, unless otherwise stated in the Sales Order.
   2. FPUA agrees to keep the Equipment in good repair for the duration of the Service. Except as modified in the Sales Order, you grant to FPUA and its agents six (6) rack units, or equivalent wall or shelf space at each Demarcation, electricity with proper grounding, and access to operate and service FPUA equipment.
   3. You will protect the Equipment and premises cabling, and be responsible for any damage to or loss of the Equipment and premises cabling, including the result of improper grounding, your abuse or negligence, and acts of God until it is returned to FPUA.
   4. This warranty is in lieu of all other warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.
   5. You agree to return the Equipment within 7 days after termination of the Service, and to immediately pay the fair market value for any part of the Equipment not returned to FPUA within that 7-day period. Fair market value will be reasonably determined at FPUA’s sole discretion.
   6. If FPUA damages your premises (“the Premises”) during the Service installation or maintenance, FPUA will compensate the owner of the Premises for reasonable, actual and documented costs of necessary repair, not to exceed $1,000.
5. PAYMENT
   1. In consideration for the Service to be provided by FPUA, you shall pay fees to FPUA, including a monthly fee, in advance and in accordance with the Sales Order, or in the absence of a Sales Order, FPUA’s applicable fee schedule or price list. After the first three months of service, the monthly service rate will be adjusted each March, based on the percent Annual change in the CPI report, "S. All items, 1982-84=100 - CUUR0000SA0" available from USDOL Bureau of Labor Statistics (http://data.bls.gov/cgi-bin/surveymost?bls).  You shall also pay appropriate deposits and late payment fees in accordance with the then current security deposit, credit and collection policies of FPUA, and any sales tax, Communications Services tax, or any taxes or other fees required by applicable law.  To the extent permitted by law, the parties agree to make all reasonable efforts to cooperate and to provide assistance to one another in an attempt to obtain all available exemptions from any taxes to which any party may be subject as a result of entering into this Agreement.
   2. Payment shall be due in accordance with your Sales Order and monthly billing. Three payment options are available in accordance with FPUA resolutions:
      1. Include Communication Services charges on your monthly paper invoice. This option is available at no extra charge if you receive a paper invoice for electric, water, wastewater, gas or other FPUA utilities.
      2. Automatic bank draft using FPUA’s EZPay service. There is no extra charge for this option.  EZPay authorizes FPUA to make automatic monthly charges each calendar month against your bank account. This authorization shall be cancelable by you via written notice to FPUA, delivered either by email, facsimile transmission or United States Mail (First Class, postage prepaid).  To sign up, go to FPUA’s Payment Options page at: http://www.fpua.com/Home/BillingAndPayments/BillPaymentOptions.aspx
      3. Automatic credit card payments. FPUA reserves the right to pass on to you a third party "convenience fee", if any, for credit card payments.  For current details, go to the Online Services page at http://www.fpua.com/Home/BillingAndPayments/BillPaymentOptions.aspx, or call Customer Service at 466-1600.
6. TERM OF AGREEMENT
   1. Your Initial Term of Agreement is one hundred twenty (120) months, unless otherwise stated in the Sales At the end of the Service Term of Agreement, the Service and Agreement will continue on a month-to-month basis until terminated with at least 30 days notice by either party, or renewed by written agreement of both parties, unless otherwise stated on the Sales Order. 
   2. If FPUA materially defaults in performance of any duty or obligation imposed by this Agreement, you may terminate this Agreement after giving written notice to FPUA specifying the existence and nature of the default, and giving FPUA thirty (30) days from the effective date of the notice to cure the default. Events of material default by FPUA shall include, but are not limited to, failure to perform its duties hereunder three or more times within any calendar month. If you terminate this Agreement for such fault of FPUA, in accordance with this paragraph, you will not be obligated to pay any monthly Service charges, beyond the month in which you terminate, for the balance of the Term of Agreement.
   3. FPUA may suspend or terminate the Service upon no less than thirty (30) days prior notice, and Service suspension under this section shall not release you from your monthly payments or other obligations for the remainder of your Service Term of Agreement, upon (i) your failure to pay any amounts invoiced hereunder within thirty (30) days after the date of the invoice; or (ii) your failure or refusal to cure any breach of this Agreement (other than as mentioned above) within thirty (30) days after notice of such breach has been given by FPUA to you. If such failure, which caused FPUA to give notice of suspension or termination, is cured by you within the time periods provided for in this paragraph, such notice shall not be effective and this Agreement shall continue in full force and effect.
   4. If you terminate the Service prior to the completion of the full Term of Agreement, you agree to pay FPUA, within 7 days, all of the balance on your account, the fair market value of any Equipment not returned, as described in section 4 of this agreement, and 70% of the monthly Service charges for the balance of the Term of Agreement.
   5. If you cancel a Service prior to Service activation, you agree to pay FPUA for the first month’s Service, the Installation/Set-up fee, and any additional costs incurred by FPUA in preparation for activating the Service. These additional costs may, for example, include engineering, provider services, permitting, cabling, and other labor and materials costs committed by FPUA.
7. INFORMATION SECURITY
   1. This Service DOES NOT include storage or backup services for your data. FPUA shall have no responsibility for your failure to backup, or loss of any of your data.  You are responsible for providing any archival history services with respect to your data, whether created by you or a third party.  Service transports data through optical and electrical communications cables and network nodes, some of which may utilize signal splitters in secured locations for non-invasive test ports.
   2. Each Sales Order with its attachments contains sensitive Proprietary Confidential Business Information, is exempt from public records disclosure in accordance with Florida Statutes 688, 202 and 364, and Customer agrees to exercise due care to keep it confidential, subject to current law.
8. DISCLAIMER OF WARRANTIES
   FPUA exercises no control whatsoever over the content, accuracy or quality of the information passing through its Network or any products ordered by you via its Network. The information or products obtained by you through the Service are provided "as is" without any warranties whatsoever, expressed or implied.
9. LIMITATION OF LIABILITY
   In no event shall either party be liable to the other for any consequential or special damages arising out of or in relation to this Agreement or the Service, including, but not limited to, damages incurred by you resulting from loss of data due to delays, non-deliveries, mis-deliveries or interruptions in Service, regardless of the cause.
10. FORCE MAJEURE
    Neither party shall be considered in default of its obligations hereunder if performance of such obligations is prevented or delayed by acts of God, government, hackers, vandals, war, civil disorder, or by riots, Denial of Service attacks, labor disputes, failure or delay of transportation or third-party providers, or such other causes as are beyond such party's reasonable control.
11. ASSIGNMENT
    No party to this Agreement may assign its rights or delegate its duties hereunder, in whole or in part, without the prior, written consent of the other party. 
12. CONSTRUCTION
    Any word in this Agreement shall be read either as singular or plural, and as either masculine, feminine, or neuter gender, as the context may require. Captions are included for convenience only, and shall not be construed to limit, expand, or otherwise modify the text of this Agreement in any manner. Each party assumes equal responsibility for the drafting of this Agreement and this Agreement shall not be construed more strongly against one party or the other on the basis of which party drafted or prepared it or any portion of it. 
13. NOTICES
    Any notice permitted or required by this Agreement shall be in writing and shall be either delivered in person; mailed by United States Mail, certified with return receipt requested and all postage prepaid; delivered by Federal Express, UPS or other widely recognized overnight courier services; or delivered by facsimile or electronic transmission with confirmation of receipt. Notice sent by certified mail shall be effective on the third business day following postmark, whether or not actually received, if properly addressed with postage prepaid. Notice delivered in person shall be effective upon delivery. Notice sent by overnight courier service, properly addressed with all charges prepaid, shall be effective at 5:00 PM on the next business day following placement of the notice in the hands of the courier service for delivery.  Notice sent by facsimile or electronic transmission, properly addressed, shall be effective at 5:00 PM on the next business day following confirmation of receipt. Address to:

    Fort Pierce Utilities Authority
    FPUAnet Communications Division
    206 South 6^th Street
    Fort Pierce, FL  34950 

14. GOVERNING LAW
    This Agreement shall be construed under the laws of Florida, and as applicable, of the United States of America. Venue for any action or proceeding arising out of this Agreement shall be in Florida, within or closest to St. Lucie County.

    Revised 06/19/2017 by 6146/6692

1. SERVICE DEFINITION
   “E-Rate IP Link” (EIP) service will enable communication with Customer’s other EIP, BC and/or WBC services on the FPUAnet Network, which is operated seven days per week, twenty-four hours per day.  The location and specifications of an EIP service are defined in the Sales Order.  This SLA applies to both governmental and non-governmental customers.
2. SERVICE LEVEL AGREEMENT (SLA)
   1. SLA Terms and Conditions
      FPUA has built the highly efficient FPUAnet fiber optic Network, which is designed for 100% uptime and minimal delays (latency). To achieve such reliability, FPUA has dual fiber connections at each customer premise switch, on a ring configuration.  With the exception of lateral cables from the Network rings, cable failures result only in automatic re-routing of the signal.In addition, devices on the FPUAnet Network are monitored constantly, seven days per week, twenty-four hours per day.

       

      This robust design of the FPUAnet Network allows FPUA to guarantee service levels.  If FPUA fails to meet any of the service levels defined in this section, your sole remedies shall be for FPUA to use commercially reasonable efforts to correct the deficiencies, for you to terminate the Service in accordance with the Corresponding Service Agreement, and for FPUA to credit your account, as appropriate, based on SLA Guarantee details below.

      The SLA Guarantee credits do not apply for failures (i) occurring during scheduled maintenance or configuration events; (ii) attributable to any application, equipment, system, act or omission of you, your employees, contractors, agents or end users; (iii) caused by Force Majeure or other causes beyond the reasonable control of FPUA, as defined in the Service Agreement for this Service; (iv) in which testing or repairs are delayed due to insufficient access to equipment in your premises; or (v) of four minutes or less in duration.

      In case of an SLA failure, you must first make sure the problem is not with your network.  You can normally verify this with a simple ping test to the FPUAnet gateway, currently numbered55.250.1. Then, notify FPUA through the Network Support section at www.fpuanet.com.  Website notification is best, but if you are unable to use the website, you may call FPUA’s Dispatch desk at 772-466-1600, ext. 6209 to request a trouble ticket be issued to verify and correct the issue.  FPUA reserves the right to charge reasonable fees for repeated false alarms.

      You must submit your request for credit within 30 days after the service failure event.  The request must include your account number, service address, contact information, description and date of the incident, FPUA trouble ticket number, amount of credit requested, and your calculations.  The total of all SLA credits shall not exceed the monthly rate for the portion of your service affected.  Mail the request to:

      Fort Pierce Utilities Authority
      FPUAnet Communications Division
      PO Box 3191
      Fort Pierce, FL  34948

      The credit will normally be applied to your account within two billing cycles.

      FPUA may update this SLA from time to time, and will publish the current version on the above website.  FPUA will also announce such revisions by email to a list it maintains for this purpose.  You are responsible for submitting your email address to this list at https://fpuanet.com/terms-and-service/ on our website, and for updating your email address if it changes.  Agreement updates are effective 30 days after their publish dates.  If you do not agree to any future revisions of this Agreement, and you have a current Sales Order, you may notify FPUA in writing within 30 days after the notice of revision.  If you have thus notified FPUA and have a current Sales Order that has been executed prior to the revision date, the revision to which you have reported objection will not apply for the duration of the current term of your Sales Order.  In the absence of your notification under a current Sales Order, your continued use of this Service following the posting of any revisions to this Agreement constitutes your acceptance of those revisions.

   2. FPUAnet Service Availability SLA Guarantee
      1. Minimum Service availability is guaranteed to be:
         • 99.99% Service Availability (also called Service uptime)
      2. Service Availability is expressed as a monthly percentage, calculated as:
         (minutes in the month – total unavailable minutes) / minutes in the month
      3. Service is considered unavailable whenever an outage is recorded by FPUA. An outage means that one or both of two conditions are occurring:
         • FPUA’s switch (or other device), containing the port used to hand off your service at your premise, is unable to obtain ping returns from Internet Protocol addressed devices on the FPUAnet Network.
         • FPUA’s switch (or other device), containing the port used to hand off your service at your premise, does not return pings from other devices on the FPUAnet Network.
      4. If FPUA fails to meet this service level, you will receive a credit on your account, calculated as the sum of
         • 10% of your monthly rate for the portion of your Service affected, and
         • 100% minus Service Availability [from section 2(B)ii], rounded to a whole number percent, such as, for example:
           100% - 98.3% = 1.7%, rounded to 2%.
   3. Mean Time to Repair (MTR)
      MTR is a monthly measure, and the FPUAnet standard is four hours or less. MTR is defined as (total outages minutes) / (number of outages).  No credits are associated with MTR.
   4. Latency SLA Guarantee
      Latency is the time between a ping request and receipt of the associated reply, expressed in milliseconds. If the monthly average latency between the FPUAnet gateway and the FPUAnet device in your premise exceeds 10 milliseconds, then you may receive a credit of 10% of your monthly rate for the portion of your service affected.
   5. Packet Loss SLA Guarantee
      If the monthly average packet loss, at the port through which FPUA provides your service, exceeds 0.5%, then you may receive a credit of 3% of your monthly rate for the portion of your service affected.
   6. Bandwidth SLA Guarantee
      1. The bandwidth, or data transmission speed, provided to you, between the ports through which FPUA provides your Bandwidth Connection Service, is defined in your FPUAnet Sales Order.
      2. Testing to verify bandwidth performance may be done by sampling speeds at regular intervals for a period or periods of time.
      3. The bandwidth provided by FPUA to you is guaranteed to be at least 90% of the defined bandwidth, for at least 90% of the time during which Service is available each month. If the bandwidth provided does not meet this standard, you may receive a credit of 10% of your monthly rate for the portion of your service affected.
3. Revised 12/22/2015 by 6146/6600