Agmt 2005 RMA Engineering & Management

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The number of simultaneous Users who may access the Hosted Service under individual logins is specified in Attachment A. If Customer exceeds granted usage limits, Provider will notify Customer of such excess and will advise Customer to make necessary adjustment to the Attachment A fees and number of Users permitted, in lieu of termination of Service. 3. Internet Access In order to access and use the Hosted Service, Customer must obtain access to the Internet, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, Customer must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. 4. Ownership and Storage Size of Data and Custom Scripts All data created by Customer or Customer's Users in Customer's ICOMMM Project is fully owned by Customer. Customer may export all or part of its data at any time to store it locally or create backup copies. Customer's data may reach a maximum storage size of 10 GB with no extra charge. A 200 mile system that has been fully televised usually is about 3-4 GB in size. The size limit could potentially be reached if an excessive amount of large files (bmp files, other graphic files, etc.) were attached, If Customer requires additional storage space, it will be provided at additional cost. A cost schedule for such additional storage may be included in this Agreement as Attachment B, if requested. If Customer wishes to add custom programming scripts and queries to its Project, such scripts or queries must be approved by Provider as non-damaging to the Hosted system prior to uploading, and if Customer has not contracted with Provider to write the scripts or queries, there will be a $100 charge for reviewing and uploading each script or queries. Customer is fully responsible for any scripts or queries that Provider has not written, and troubleshooting, revising, and testing Customer-written scripts or queries is not included in the standard hosted service support contract. Any custom script or queries writing, testing, or troubleshooting will be done by Provider at Customer's request at Provider's normal hourly consulting rate. 5. Customer Conduct A. Customer is responsible for all activity relating to or arising from its ICOMMM Project. B. Customer agrees not to knowingly use the Hosted Service or any facilities provided to the Customer in connection with the Hosted Service to: 1. Upload, store, post, e-mail or otherwise transmit, distribute, publish or disseminate any Information that (or the transmission, distribution, publication or dissemination of which): (a) Is unlawful; harmful; threatening; abusive; harassing; tortious; defamatory; vulgar; obscene; or, libelous or promotes such activity; (b) Infringes any proprietary rights of any party or otherwise violates the legal rights (such as rights of privacy and publicity) of others; (c) Violates any contractual or fiduciary relationships; (d) Contains: software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or circumvent any "copy-protect" devices; or, any other harmful or disruptive program. 2. Provide materially misleading Company Information; create a false identity or manipulate identifiers to mislead others or to disguise the origin of any Information stored in the Project ar transmitted through the Hosted Service; impersonate any person or entity; or, otherwise deliberately misrepresent any affiliation with a person or entity; 3. Attempt to gain unauthorized access to other Customers' Projects located on the Hosted Server, to other Customers' Account Information, or other computer systems, servers or networks connected to the Hosted Services or any portion thereof; or Sanitary Sewer Asset Management System 02/08/2005 Account No. 593-52?.A4~2 /2 Page 28 of 32