Services Agreement Terms and Conditions - Bright House Business Solutions

Last Revised: August 2010

Bright House Networks Business Solutions Services Master Agreement

Terms and Conditions

1.0 AGREEMENT. These Bright House Networks Business Terms and Conditions (“Terms and Conditions”), and any Bright House Networks Business Solutions Service Orders constitute the “Master Agreement” by and between Customer and Bright House Networks, LLC or “BHN” (collectively, the “Parties” or each individually a “Party”) for the services specified on Service Orders (“Services”). The attachments to these Terms and Conditions (“Attachments”) further describe BHN’s services and are hereby incorporated by reference. The Attachments may set forth additional terms and conditions for the applicable Service. BHN means the Bright House Networks-affiliated entity that is providing the Services.

2.0 SERVICES AND ORDERS.

2.1 Subject to the terms and conditions of this Master Agreement (including, without limitation, Customer’s compliance with its obligations set forth in Section 5), BHN shall provide Customer with the Services, pursuant to and in conformance with any Order accepted in accordance with Section 2.2 below during the Term (as defined in Section 6 below). Customer understands and agrees that certain Services may not be available in all BHN service areas and that BHN, upon entering into an Order with Customer may, at its own discretion, utilize one or more of its affiliates or another party or parties to deliver the applicable Service. Unless otherwise set forth on an applicable Attachment, BHN shall use commercially reasonable efforts to provide each Service identified in an Order seven (7) days a week, twenty four (24) hours a day, excluding scheduled maintenance, required repair and events beyond BHN’s reasonable control.

2.2 Customer shall request Services hereunder by issuing to BHN one or more proposed service order(s) pursuant to this Master Agreement (in the form provided or approved by BHN) or via a mutually agreed electronic order entry system. Upon BHN’s acceptance of a proposed service order(s), such proposed service order(s), shall be deemed an “Order” here under and shall be deemed incorporated into this Master Agreement. A proposed service order shall be deemed accepted upon the earlier of (a) BHN’s acceptance of such proposed service order in writing; or (b) BHN’s commencement of delivery of the Service(s) set forth in such proposed service and/or work order. And furthermore, in the event Customer cancels an Order prior to BHN actually delivering Services, and in the event that BHN incurs construction or installation charges, then Customer shall reimburse BHN for such charges actually incurred.

3.0 SERVICE & EQUIPMENT INSTALLATION. Customer shall obtain and maintain, or ensure that each Customer employee or branch office to whom the Service will be provided, or who shall use the Service, as applicable (each “End User”), shall obtain and maintain, throughout the Term such consents (including without limitation landlord and land owner consents) as are necessary to timely permit, and shall timely permit, BHN personnel to install, deliver, operate and maintain the Service and BHN Equipment (as defined in Section 4 below) as contemplated herein at Customer's and any Customer End User’s facilities. Customer shall permit BHN reasonable access to the Customer and any End User facilities at any time as needed to install, configure, upgrade, maintain or remove the BHN Equipment and other Service components collocated at Customer's or an End User’s facilities. Customer shall make and maintain throughout the Term all reasonable site preparations necessary to permit the installation, maintenance and operation of the Service and any BHN Equipment as specified by BHN and that is required to provide the Services here under. In addition, Customer will provide BHN with floor space, rack space, other space and clean power as is reasonably necessary for the installation and operation of BHN Equipment at the Customer locations identified in an Order, for the term of the applicable Order. Customer shall not charge BHN, and shall ensure that BHN does not incur, any fees or expenses whatsoever in connection with Customer’s provision of space, power, or access as described herein, or otherwise in connection with Customer’s performance of its obligations pursuant to this Section 3; and any such fees or expenses charged by a Customer End User shall be borne solely by Customer. Provided that Customer properly performs all necessary site preparation and provides BHN with all required consents, BHN shall use commercially reasonable efforts to install the Service in accordance with the requested Service start date indicated on an Order. BHN shall provide Customer with a completion notice or work order upon completion of the installation of a Service. In the event that BHN is unable to install the Service in accordance with the agreed upon schedule as a result of (i) Customer’s (or its End User’s) failure to deliver any required materials, support or information to BHN; or (ii) BHN not being able to obtain access to equipment or software at the installation location as necessary for installation of the Service, then Customer shall pay BHN an installation fee at BHN’s then prevailing rates for any installation trip made by BHN and an additional installation fee for each subsequent trip necessary to perform the Service installation. Interconnection of the Service and BHN Equipment with Customer’s or an End User’s, as applicable, equipment will be performed by Customer unless otherwise agreed in writing between the Parties. It is Customer’s sole responsibility to secure and maintain any and all Customer equipment, including, but not limited to, Private Branch Exchanges and Trunk Equipment (as defined in Attachment B), where applicable.

4.0 SUPPORT & MAINTENANCE. BHN shall use commercially reasonable efforts to maintain the BHN-provided and installed equipment, including as applicable, any cabling, cable modems, related splitters, routers or other items, (collectively, the “BHN Equipment”) on BHN’s side of the demarcation points used by BHN to provide the Service. Notwithstanding any contrary provision set forth in this Master Agreement, equipment and services on Customer’s side of the demarcation points, as well as any other Customer-provided equipment, are the responsibility of Customer. BHN shall provide a telephone number and email address for inquiries and remote problem support for the Service. All such Customer support shall be provided only to Customer’s designated personnel, as mutually agreed upon by BHN and Customer. Customer is responsible for all communications and interfaces with its End Users. In no event shall BHN be responsible for providing support for any network, equipment or software not provided and installed by BHN under this Master Agreement or for issues or problems beyond its control. Notwithstanding anything to the contrary in the foregoing, BHN shall use commercially reasonable efforts to restore any cable cuts on the BHN network and shall keep Customer reasonably advised of such restoration progress. Customer agrees to provide routine operational Service support for BHN Equipment and Service components collocated at Customer's or an End User’s facility, including without limitation by performing reboots, as requested by BHN. If BHN responds to a service call initiated by Customer, and BHN reasonably determines that the cause of the problem is not due to BHN’s Network, but is due to Customer’s equipment or facilities, or a third party, Customer must compensate BHN for the service call at BHN’s then prevailing rates.

5.0 CUSTOMER OBLIGATIONS.

5.1 Customer’s use of the Service (including all content transmitted via the Service) shall comply with all applicable laws and regulations and the terms of this Master Agreement. Customer agrees not to resell or redistribute (whether for a fee or otherwise) the Service, or any portion thereof, or make any use of the Service other than for Customer’s internal business purposes, unless otherwise agreed in writing by BHN. Customer shall ensure that its End Users’ use of the Service, if any, shall comply with all applicable laws and regulations and any applicable Terms of Use (which are incorporated herein by this reference). “Terms of Use” means all applicable Service policies, including without limitation acceptable use policies and available on the BHN web site, business.brighthouse.com/legal, as may be modified from time to time by BHN, at its sole discretion. BHN may audit Customer's use of the Service remotely or otherwise, to ensure Customer's compliance with this Master Agreement.

5.2 Customer shall ensure that all BHN Equipment at Customer’s and Customer’s End Users’ facilities remains free and clear of all liens and encumbrances and Customer shall be responsible for loss or damage to the BHN Equipment while at Customer's or an End User’s facilities. As between the Parties, Customer is solely responsible for (a) all use (whether or not authorized) of the Service by Customer, an End User or any unauthorized person or entity, which use shall be deemed Customer’s use for purposes of this Master Agreement; (b) all content that is viewed, stored or transmitted via the Service, as applicable; and (c) all third party charges incurred for merchandise and services accessed via the Service, if any. Customer agrees to conform its equipment and software, and to ensure that each End User conforms its equipment and software, to the technical specifications for the Service provided by BHN from time to time.

6.0 TERM. The Master Agreement shall commence on the date of full execution by the Parties (the “Effective Date”) and shall remain in effect for the initial term set forth on the Customer’s executed Order (the “Initial Term”). Unless terminated earlier in accordance with the provisions stated herein, upon the expiration of the Initial Term this Master Agreement shall automatically renew on an annual basis, unless either Party notifies the other Party at least ninety (90) days prior to the expiration of the then-current Term of such Party’s intent not to renew (the Initial Term and any renewal term collectively referred to as the “Term”). If an Order Term (as set forth in an applicable Order) extends beyond the expiration of the Term, then this Master Agreement and the respective Order(s) will continue in effect until the expiration or termination of the applicable Order Term, but only as to the applicable Order(s), and subject to the termination rights of BHN and Customer under this Master Agreement. If an Order Term (as set forth in an applicable Order) is on a month to month basis, then this Master Agreement will also continue on a monthly basis, unless either Party notifies the other Party at least fifteen (15) days prior to the end of the then-current month of such Party’s intent not to renew and subject to the termination rights of BHN and Customer under this Master Agreement.

7.0 PAYMENT, DEPOSITS and ADVANCE PAYMENT. For each Service, Customer agrees to pay BHN all recurring and non-recurring charges, fees and taxes, (which may include Service installation and activation charges, measured and usage-based charges, local, long distance, conferencing, directory assistance and operator services calling charges, and equipment and facilities charges) (collectively the “Service Charges”) as set forth on the Service Order in accordance with the following payment terms: Service Charges will be billed to Customer on a monthly basis, and are payable within thirty (30) days after the date appearing on the invoice. BHN will not defer any charges while Customer awaits reimbursement, subsidy, discount or credit from any third party or government entity, and Customer shall have the obligation to pay all charges regardless of the status of any such reimbursement, subsidy, discount or credit. BHN shall have the right to increase Service Charges for each Service after the initial Order Term for such Service upon thirty (30) days written notice to Customer. BHN may charge a late fee for any amounts which are not paid when due. The late fee will be the greater of i) five dollars ($5) or ii) the lesser of one and one-half percent (1.5%) per month or the highest rate chargeable by law. Customer shall also be responsible for all costs of collection (including reasonable attorneys' fees) to collect overdue amounts. If BHN fails to present a charge in a timely manner, such failure shall not constitute a waiver of the charges for the fees to which it relates and Customer shall pay such invoice in accordance with these payment terms. If BHN fails to present an invoice in a timely manner, such failure shall not constitute a waiver of the charges for the fees to which it relates and Customer shall pay such invoice as required by agreed upon payment terms. Customer may not dispute service charges or request credits more than 90-days from the payment date on invoice for such Service.

7.1 To safeguard its interests, BHN may at any time verify the Customer’s credit standing. Additionally, BHN may at any time require the Customer to make a deposit and/or advance payment. The deposit requested will be in cash, the equivalent of cash, or a bank, credit card or account debit authorization and does not relieve the Customer of the responsibility for the prompt payment of invoices on presentation. BHN may deduct amounts from the deposit, bill any bank or credit card provided, or utilize any other means of payment available to BHN, for past due amounts payable by Customer to BHN. Upon discontinuance of Service, BHN shall promptly and automatically refund the Customer's deposit plus accrued interest, or the balance, if any, in excess of the unpaid bills including any penalties or termination charges assessed for Service furnished by BHN.

7.2 Customer is solely responsible for securing customer premises equipment, including Private Branch Exchanges (PBX), and Customer shall be liable for all charges associated with the customer premises, including PBXs, calling card(s) and/or access numbers, regardless of whether such use (i) is authorized by Customer management or (ii) involves fraudulent activity.

8.0 TAXES. Customer shall pay all federal, state, and local taxes, fees, charges, surcharges or similar exactions imposed on the Services and/or products that are the subject of this Master Agreement including but not limited to state and local sales and use taxes, telecommunications taxes, federal and state universal service fund fees and/or state and local regulatory fees to the extent applicable. Further, BHN shall have the right to recover from Customer the amount of any state or local fees or taxes arising as a result of this Master Agreement, which are imposed on BHN or BHN’s services, or measured on BHN’s receipts. Such fees or taxes shall be invoiced to Customer in the form of a surcharge included on Customer’s invoice. BHN shall be responsible for and shall pay all taxes measured by BHN’s net income. To the extent that a dispute arises as to which Party is liable for fees or taxes under this Master Agreement, Customer shall bear the burden of proof in showing that the fee or tax is imposed upon BHN’s net income. This burden may be satisfied by Customer producing written documentation from the jurisdiction imposing the fee or tax indicating that the fee or tax is based on BHN’s net income. Customer shall be responsible for providing BHN any and all documentation substantiating a claim for exemption from taxes or fees prior to the date that Services are first provided under this Master Agreement. To the extent such documentation is held invalid for any reason, Customer agrees to reimburse BHN for any tax or fee liability including without limitation related interest and penalties arising from such invalid documentation.

8.1 Customer acknowledges that currently, and from time to time, there is uncertainty about the regulatory classification of some of the Services BHN provides and, consequently, uncertainty about what fees, taxes and surcharges are due from BHN and/or its Customers. Customer agrees that BHN has the right to determine, in its sole discretion, what fees, taxes and surcharges are due and to collect and remit them to the relevant governmental authorities, and/or to pay and pass them through to Customer. Customer hereby waives any claims it may have regarding BHN’s collection or remittance of such fees, taxes and surcharges. Customer understands that it may obtain a list of the fees, taxes and surcharges that BHN currently collects or passes through by writing to BHN.

9.0 PROPRIETARY RIGHTS AND CONFIDENTIALITY. (a) BHN’s Proprietary Rights. All materials including, but not limited to, any BHN Equipment (including related firmware), software, data and information provided by BHN, any identifiers or passwords used to access the Service or otherwise provided by BHN, and any know-how, methodologies or processes including, but not limited to, all copyrights, trademarks, patents, trade secrets, any other proprietary rights inherent therein and appurtenant thereto, used by BHN to provide the Service (collectively “BHN Materials”) shall remain the sole and exclusive property of BHN or its suppliers. Customer shall acquire no interest in the BHN Materials by virtue of the payments provided for herein. Customer may use the BHN Materials solely for Customer's use of the Service. Customer may not disassemble, decompile, reverse engineer, reproduce, modify or distribute the BHN Materials, in whole or in part, or use them for the benefit of any third party. All rights in the BHN Materials not expressly granted to Customer herein are reserved to BHN. Customer shall not open, alter, misuse, tamper with or remove the BHN Equipment as and where installed by BHN, and shall not remove any markings or labels from the BHN Equipment indicating BHN (or its suppliers) ownership or serial numbers. (b) Confidentiality. Customer agrees to maintain in confidence, and not to disclose to third parties or use, except for such use as is expressly permitted herein, the BHN Materials and any other information and materials provided by BHN in connection with this Master Agreement, including but not limited to the content of this Master Agreement, that are identified or marked as confidential or are otherwise reasonably understood to be confidential, including but not limited to the contents of this Master Agreement and any Order(s). (c) Software. If software is provided to Customer hereunder, BHN grants Customer a limited, non-exclusive and non-transferable license to use such software, in object code form only, solely for the purpose of using the Service for Customer’s internal business purposes during the Term. Customer agrees not to reverse engineer, decompile, disassemble, translate, or attempt to learn the source code of any Software related to the Services.

10.0 MONITORING, EQUIPMENT UPGRADES AND MODIFICATIONS. BHN has the right, but not the obligation, to upgrade, modify and enhance the BHN network (including BHN Equipment and related firmware) and the Service and take any action that BHN deems appropriate to protect the Service and its facilities. BHN shall have the right, but not the obligation, to monitor and record oral communications with the Customer regarding Customer’s account or Services for the purpose of service quality assurance. BHN will notify Customer of any material adverse change to these Terms and Conditions (including the Terms of Use) or Service descriptions by posting such modified Terms and Conditions (including the Terms of Use) or Service description on the BHN web site or by email, or, if applicable, in the appropriate BHN tariff. If BHN modifies the Services or these Terms and Conditions (including the Terms of Use) and such modification has a material adverse impact on Customer’s ability to use the Service, Customer may, within the thirty (30) day period following the date of such modification, terminate, without penalty, the Service Order relating to the affected Service.

11.0 TERMINATION. Either Party may terminate an applicable Order (a) upon thirty (30) days written notice of the other Party’s material breach, provided that such material breach is not cured within such thirty (30) day period, or (b) immediately, in the event that the other Party liquidates, is adjudicated as bankrupt, makes an assignment for the benefit of creditors, invokes any provision of law for general relief from its debtors, initiates any proceeding seeking general protection from its creditors, is removed or delisted from a trading exchange or its long term debt is downgraded more than two levels from its rating as of the Effective Date. In addition, in the event that Customer fails to comply with any applicable laws or regulations, the terms of this Master Agreement or the Terms of Use, BHN may upon thirty (30) days written notice suspend or discontinue any applicable Service in whole or in part without further notice, provided that such failure is not cured within such thirty (30) day period. In addition, BHN may immediately suspend Customer’s or its End User’s use of the Service if such use is determined by BHN, at its sole discretion, to be resulting in a material degradation of the BHN network, until such time as such degradation has been remedied. BHN will use commercially reasonable efforts to assist Customer in remedying such degradation. In the event of a suspension, BHN may require the payment of reconnect or other charges before restarting the suspended Service. Upon the termination or expiration of this Master Agreement and the Order(s) hereunder: (i) BHN’s obligations hereunder shall cease; (ii) Customer promptly shall pay all amounts due and owing to BHN for Service delivered prior to the date of termination or expiration and any applicable deinstallation fees identified in Order(s), if any; (iii) Customer promptly shall cease all use of any software provided by BHN hereunder, and shall return such software to BHN; and (iv) Customer shall return to BHN or permit BHN to remove, in BHN’s discretion, the BHN Equipment in the same condition as when received, ordinary wear and tear excepted. Customer shall be responsible for reimbursing BHN for the reasonable and documented costs of the repair or replacement, at BHN’s discretion, of any BHN Equipment not returned in accordance with this Section

11 .1 EARLY TERMINATION. Notwithstanding anything to the contrary herein, upon early termination of an Order by Customer for any reason, other than as set forth in Section 11(a) or 11(b) above, or by BHN for any reason set forth in Section 11(a) or 11(b) above, Customer shall, at BHN’s discretion promptly pay BHN an early termination fee equal in the amount of:

(i) $150 for early termination of Business Phone Service (Attachment B) or Business Internet Service (Attachment C), plus an additional $25 for each Business Phone line.

(ii) $250 for early termination of Business Phone Service (Attachment B) and Business Internet Service (Attachment C), plus an additional $25 for each Business Phone line.

(iii) 100% of the remaining Services Charges for the then-current Term for Business Trunking Services (Attachment B), Trunks & Data Service (Attachment B & C), Dedicated Internet Access Services (Attachment C), Metro Ethernet (Attachment D) or Wi-Fi Services (Attachment G).

11.2 Additionally, in the event Customer terminates a portion of the Services ordered hereunder, BHN may increase the rates for any remaining Services effective upon notice to Customer.

11.3 The foregoing in Section 11.1, 11.2 and 11.3 shall be in addition to any other rights and remedies that BHN may have under this Master Agreement or at law or equity

11.4 PORTABILITY. Customer may, upon written notice to BHN, discontinue or terminate Service, prior to the end of an Order Term, without payment of the applicable early termination charge set forth in 11.1, if: (i) Customer replaces the affected Service at a new location, so long as the value of the replacement Service is equal to or greater than the Service being replaced, and (ii) Customer pays all non-recurring charges applicable to the replacement Service (including, without limitation, all construction expenses); and (iii) Customer pays any applicable third party termination liability applicable to the Service being terminated.

12.0 INDEMNIFICATION. Customer agrees to defend, indemnify and hold harmless BHN, its affiliates, its service providers and suppliers and their respective officers, directors, employees and agents, from and against third party claims, liabilities, damages and expenses, including reasonable attorneys’ and other professionals’ fees, arising out of or relating to (a) the use of the Service, including but not limited to a breach of Section 5 herein; or (b) personal injury or property damage caused by the negligence or willful misconduct of Customer or its employees or agents (c) any fees, fines or penalties incurred by BHN as a result of Customer’s violation of the 10% Rule as set forth in Attachment D; or (d) breach of the terms governing any use of music services provided as part of the Service.

13.0 DISCLAIMER OF WARRANTY. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICE AND USES THE SAME AT ITS OWN RISK. BHN EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE AND BHN EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE SERVICE, BHN EQUIPMENT AND BHN MATERIALS ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BHN, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. BHN DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THE MASTER AGREEMENT, BHN DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY BHN WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY DATA, MATERIAL OR TRAFFIC OF ANY KIND WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S OR AN END USER’S COMPUTER SYSTEM OR EQUIPMENT (INCLUDING NETWORK EQUIPMENT) OR LOSS OF SUCH DATA, MATERIAL OR TRAFFIC DURING, OR THAT RESULTS FROM, CUSTOMER’S OR ITS END USERS USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO CUSTOMER’S OR END USER’S SENDING OR RECEIVING, OR UPLOADING OR DOWNLOADING, OR ATTEMPTS TO DO SAME, OF SUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT BHN’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT AND BHN DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.

14.0 LIMITATION OF LIABILITY. IN NO EVENT SHALL BHN BE LIABLE TO CUSTOMER, AN END USER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF WHETHER BHN HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BHN’S AGGREGATE LIABILITY FOR ANY REASON AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT (INCLUDING NEGLIGENCE) AND STRICT PRODUCT LIABILITY) SHALL BE LIMITED TO THE FEES PAID OR OWED BY CUSTOMER UNDER THE ORDER THAT IS THE SUBJECT MATTER OF THE CLAIM IN THE SIX (6) MONTHS PRECEDING THE DATE THE CLAIM ARISES. IN NO EVENT SHALL BHN’S AFFILIATES, THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS HAVE ANY LIABILITY TO CUSTOMER HEREUNDER. BHN SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING AS A RESULT OF THE UNAVAILABILITY OF THE SERVICE, INCLUDING THE INABILITY TO REACH 911 OR OTHER EMERGENCY SERVICES, THE INABILITY TO CONTACT A SECURITY SYSTEM OR REMOTE MEDICAL OR OTHER MONITORING SERVICE PROVIDER OR ANY FAILURE OR FAULT RELATING TO CUSTOMER-PROVIDED EQUIPMENT, FACILITIES OR SERVICES.

15.0 DISCLOSURE OF CUSTOMER INFORMATION. Customer’s privacy interests, including Customer’s ability to limit disclosure of certain information to third parties, may be addressed by, among other laws, the Federal Telecommunications Act (the “Telecommunications Act”), the Federal Cable Communications Act (the “Cable Act”), the Electronic Communications Privacy Act, and, to the extent applicable, state laws and regulations. Customer proprietary network information and personally identifiable information that may be collected, used or disclosed in accordance with applicable laws is described in the Customer Privacy Notice provided by BHN in writing, and, if applicable, in BHN’s tariff, which are incorporated herein by reference. Customer acknowledges receipt of the Customer Privacy Notice. In addition to the foregoing, Customer hereby acknowledges and agrees that BHN may disclose Customer's and its employees' personally identifiable information as required by law or regulation, or the American Registry for Internet Numbers (“ARIN”) or any similar agency, or in accordance with BHN’s Customer Privacy Notice or, if applicable, tariff. In addition, BHN shall have the right (except where prohibited by law notwithstanding Customer’s consent), but not the obligation, to disclose any information to protect its rights, property and/or operations, or where circumstances suggest that individual or public safety is in peril.

16.0 FORCE MAJEURE. Notwithstanding anything to the contrary contained herein, a Party shall have no liability to the other hereunder due to circumstances beyond its control, including, but not limited to, acts of God, terrorism, flood, fiber cuts, natural disaster, regulation or governmental acts, fire, power surges or outages, civil disturbance, weather, or any unauthorized access to or destruction or modification of the Service, in whole or in part (each a “Force Majeure Event”). Notwithstanding anything to the contrary herein, Customer may terminate the affected Order(s) in its entirety and without penalty if a Force Majeure Event continues for more than ten (10) consecutive days and prevents BHN from delivering the Service subject to such Order(s).

17.0 REGULATORY AND LEGAL CHANGES, POLE ATTACHMENT AND CONDUIT CHARGES, TARIFFS. In the event of any change in applicable law, regulation, decision, rule or order, including without limitation any new application of or increase in universal service fees or other government- or quasi-government-imposed charges that increases the costs or other terms of BHN’s delivery of Service to Customer, or, in the event of any increase in pole attachment or conduit charges applicable to any facilities used by BHN in providing the Service, Customer acknowledges and agrees that BHN may pass through to Customer any such increased fees or costs, but only to the extent of the actual increase, provided BHN notifies Customer at least thirty (30) days in advance of the increase. In such case, and if such increase materially increases the fees or charges due by Customer hereunder for the applicable Service, Customer may, within thirty (30) days after notification of such increase, terminate the affected Service without incurring termination liability, provided Customer notifies BHN at least fifteen (15) days in advance of Customer’s requested termination date. Further, in the event that BHN is required to file tariffs or rate schedules with a regulatory agency or otherwise publish its rates in accordance with regulatory agency rules or policies respecting the delivery of the Service or any portion thereof, and BHN is required under applicable law to apply those rates to Customer’s purchase of Service under this Master Agreement, then the terms set forth in the applicable tariff or rate schedule shall govern BHN’s delivery of, and Customer’s use or consumption of the Service. In addition, if BHN determines that offering or providing the Service, or any part thereof, has become impracticable for legal or regulatory reasons or circumstances, then BHN may terminate this Master Agreement as to any or all of the Service and may terminate any affected Orders, without liability by giving Customer thirty (30) days prior written notice or any such notice as is required by law or regulation applicable to such determination.

17.1 This Master Agreement, its Attachments and the Order(s) are subject to all applicable federal, state or local laws and regulations in effect in the relevant jurisdiction(s) in which BHN provides the Services. If any provision of this Master Agreement, its Attachments, or the Order(s) contravene or are in conflict with any such law or regulation, then the terms of such law or regulation shall take priority over the relevant provision of this Master Agreement, its Attachments, and/or the Order(s). If the relevant law or regulation applies to some but not all of the Service(s) being provided hereunder, then such law or regulation will take priority over the relevant provision of this Master Agreement, its Attachments, and the Order(s) only for purposes of those Service(s) to which the law or regulation applies. Except as explicitly stated in this Master Agreement, nothing contained in this Master Agreement shall constitute a waiver by BHN of any rights under applicable laws or regulations pertaining to the installation, operation, maintenance or removal of the Services, facilities or equipment.

18.0 ENTIRE AGREEMENT. This Master Agreement, including without limitation all Attachments that are attached hereto and incorporated herein by this reference, sets forth the entire agreement between the Parties with respect to the subject matter hereof and supersedes all previous written or oral agreements or representations between the Parties with respect hereto.

19.0 ORDER OF PRECEDENCE. Each Service shall be provisioned pursuant to the terms and conditions of this Master Agreement. In the event that BHN permits a Customer to use its own standard purchase order form to order the Service, the Parties hereby acknowledge and agree that the terms and conditions hereof shall prevail notwithstanding any variance with the terms and conditions of any purchase order submitted by Customer, and any different or additional terms contained in such purchase order shall have no force or effect. To the extent that the terms of any Attachment or Order are inconsistent with the terms of this Master Agreement, the terms of this Master Agreement shall control.

20.0 COMPLIANCE WITH LAWS. As between the Parties, BHN will obtain and maintain at its own expense all licenses, approvals and regulatory authority required by law with respect to BHN’s operation and provision of the Services as contemplated herein, and Customer will obtain and maintain at its own expense all license, approvals and regulatory authority required by law with respect to Customer’s use of the Services as contemplated herein. Unless specified otherwise in this Master Agreement, each Party will give all notices, pay all fees and comply with all laws, ordinances, rules and regulations relating to its performance obligations specified herein.

21.0 ARBITRATION. EXCEPT FOR CLAIMS FOR INJUNCTIVE RELIEF, AS DESCRIBED BELOW, ANY PAST, PRESENT, OR FUTURE CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, INCLUDING, IF APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR THE RESOLUTION OF CONSUMER RELATED DISPUTES. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED. THE ARBITRATOR OF ANY DISPUTE OR CLAIM BROUGHT UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT HAVE THE POWER TO AWARD INJUNCTIVE RELIEF; INJUNCTIVE RELIEF MAY BE SOUGHT SOLELY IN AN APPROPRIATE COURT OF LAW. NO CLAIM SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MAY BE COMBINED WITH A CLAIM SUBJECT TO RESOLUTION BEFORE A COURT OF LAW. THE ARBITRABILITY OF DISPUTES SHALL BE DETERMINED BY THE ARBITRATOR. JUDGMENT UPON AN AWARD MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. IF ANY PORTION OF THIS SECTION IS HELD TO BE UNENFORCEABLE, THE REMAINDER SHALL CONTINUE TO BE ENFORCEABLE.

22.0 MISCELLANEOUS. This Master Agreement shall be governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law principles (other than Section S-1401 of the New York General Obligations Law). In the event that any portion of this Master Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties set forth herein and the remainder of this Master Agreement shall remain in full force and effect. No waiver of any breach or default here under shall be deemed to be a waiver of any preceding or subsequent breach or default. Customer may not assign this Master Agreement without the prior written consent of BHN, and any assignment in violation of this Section shall be null and void. BHN may assign its rights and obligations under this Master Agreement including, without limitation, in whole or in part, to any affiliate without the prior written approval of or notice to Customer. Customer understands and agrees that, regardless of any such assignment, the rights and obligations of BHN herein may accrue to, or be fulfilled by, any affiliate, as well as by BHN and/or its subcontractors. Customer may not issue a press release, public announcement or other public statements regarding this Master Agreement without BHN’s prior written consent. Excluding any third party claims, claims under this Master Agreement must be initiated not later than two (2) years after the claim arose. There are no third party beneficiaries to this Master Agreement. The Parties to this Master Agreement are independent contractors. Any notice under this Master Agreement shall be given in writing and shall be deemed to have been given when actually received by the other Party. Notices shall be delivered to Customer and BHN at the respective addresses set forth above, or to such other address as is provided by one Party to the other in writing. The provisions of sections 7, 8, 9, 11, 12, 13, 14, 15, 21 and 22 shall survive the termination or expiration of this Master Agreement. No modification of any provision of this Master Agreement shall be valid unless set forth in a written instrument signed by both Parties. This Master Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

Attachment A

Business TV Service

"Cable TV Service"

Cable TV Service: If Customer selects to receive the Cable TV Service, BHN shall provide Basic and Standard Cable services. Customer understands and agrees that premium program services, such as HBO, Cinemax, Showtime, and The Movie Channel, may not be received or shown on any television receivers located in any public areas, such as lounges, dayrooms, visiting areas or other common areas used by groups or the general public, nor shall Customer authorize or approve of any copying, taping or duplicating thereof.

Customer’s use of the Cable TV Service is subject to the following additional terms and conditions:

A1 In the event that changes in technology require the use of specialized equipment to continue to receive Cable TV Services, BHN agrees to provide such equipment and Customer agrees to pay for such equipment at the same rate charged by BHN to commercial customers in the municipality in which Customer’s property receiving the Cable TV Service is located.

A2 In the event that any BHN audit reveals that Customer's usage of the Cable TV Service exceeds Customer's rights hereunder, Customer shall pay BHN an amount equal to one and a half times the Service Charges that would have been due for such excessive usage as liquidated damages and not as a penalty. In addition, Customer shall either discontinue any excess usage or thereafter continue to pay the applicable Service Charges for such additional usage.

A3 The monthly service charges set forth in a Service Order for Cable TV Service do not include applicable taxes, regulatory fees, franchise fees and public access fees. Notwithstanding anything to the contrary in this Agreement, the monthly service charges for the Cable TV Service are subject to change in accordance with commercial Cable TV rate increases applied to similarly situated customers.

A4 BHN shall have the right to add, modify, or delete channel line-ups.

Attachment B

Business Phone Service, Business Trunking Services, and Trunks & Data Service

(collectively, “Voice Services”)

Business Phone Service: If Customer selects to receive the Business Phone Service, Customer will receive telephone service consisting of one or more telephone lines and a variety of features, as described more fully in the applicable Service Order.

Business Trunking Service: If Customer selects to receive Business Trunking Services, BHN shall provide Business Trunking services over fiber delivered via PRI T1, CAS T1, analog trunks or SIP trunks.

Trunks & Data Service: If Customer selects to receive Trunks & Data Services, BHN shall provide a combination of (i) voice trunks via PRI T1, CAS T1, analog or SIP; and (ii) Business Internet Services.

Customer’s use of the Voice Services is subject to the following additional terms and conditions:

For all Voice Services:

B1 The location and address associated with the Voice Service will be the address identified on the Service Order. Customer is not permitted to move BHN Equipment from the location and address in which it has been installed. If Customer moves BHN Equipment such as a voice-enabled cable modem to an address different than that identified on the Service Order, calls from such modem to 911 will appear to 911 emergency service operators to be coming from the address identified on the Service Order and not the new address. Customer consents to BHN’s disclosure of Customer’s name, address and or/telephone number in response to 911 and similar public safety requests and to the telephone companies serving those end users to whom Customer calls so that calls may be completed.

B2 Customer acknowledges that it may take up to seventy-two hours to fully provision the E911 services, and if Customer makes a 911 call during this interval, Customer may be required to give its physical address and location information to the 911 emergency dispatcher.

B3 Customer agrees that BHN will not be responsible for any losses or damages arising as a result of the unavailability of the Voice Service, including the inability to reach 911 or other emergency services, the inability to contact a security system or remote medical or other monitoring service provider or any failure or fault relating to Customer-provided equipment, facilities or services. Customer acknowledges that BHN does not guarantee that the Voice Service will operate with alarm, security, medical and/or other monitoring systems and services or Customer-provided equipment, facilities and services, and that Customer must contact (at Customer’s sole expense) any applicable alarm, security, medical or other monitoring system or service provider or other third-party service provider in order to test the operation of Customer-provided equipment, facilities and systems with the Voice Service.

B4 BHN’s obligation is to provide Voice Service to the customer-accessible interface device or equipment installed by BHN at the BHN network demarcation point on the Customer’s premises. Customer is solely responsible for coordinating and completing any and all rearrangement, augmentation and configuration of Customer-provided equipment, facilities and systems to be used with the Voice Service and connecting such equipment, facilities and systems to the BHN network interface device or equipment. Customer must notify BHN at least seventy two (72) hours prior to the Customer’s scheduled installation appointment if the Customer seeks to reschedule installation for any reason. Additional charges may apply for non-standard installation and missed installation appointments.

B5 Customer agrees to provide BHN and its authorized agents with access to Customer’s internal telephone wiring at the network interface device or at some other minimum point of entry in order to facilitate the installation and operation of the Voice Service over existing wiring. Customer hereby authorizes BHN to make any requests from Customer’s landlord, building owner and/or building manager, as appropriate and to make any requests necessary to other or prior communications service providers as necessary and appropriate to ensure that BHN has all access to inside wiring and cabling necessary and sufficient to efficiently and securely install the Voice Service and all related equipment.

B6 Customer acknowledges that the existing telephone wiring inside Customer’s and/or its End User’s facility (as applicable) may not support both the Voice Service and digital subscriber line (DSL) service or other services provided by other service providers. Therefore, Customer intends to obtain service from other providers in addition to Voice Service, Customer must maintain separate wiring, not provided by BHN, specifically for use with such other services provided by other service providers and must ensure that any existing DSL service or other service is properly disconnected from all wiring to be used for Voice Service prior to installation of Voice Service on Customer’s existing wiring.

B7 Information relating to Customer calling details (“Calling Details”), including the quantity, configuration, type, destination and amount of Voice Service usage by Customer, and information contained in Customer’s bills (collectively, “Customer Proprietary Network Information” or “CPNI”), that is obtained by BHN pursuant to its provision of the Voice Service will be protected by BHN as described herein, in the Bright House Networks Privacy Policy and in accordance with applicable federal and state requirements. Notwithstanding the foregoing, the following shall not be CPNI: (i) Customer’s directory listing information, and (ii) aggregated and/or compiled information that does not contain customer-specific references, even if CPNI was used as a basis for such information.

B8 BHN may use and disclose CPNI when required by applicable law. BHN may use CPNI and share CPNI with its partners and contractors without Customer consent: (i) to provide services and bills to Customer; (ii) pursuant to applicable law; (iii) to protect the interests of BHN, Customer and related parties in preventing fraud, theft of services, abuse, harassment and misuse of telephone services; (iv) to protect the security and integrity of BHN’s network systems; and (v) to market additional BHN services to Customer that are of the same category as the services that Customer purchases from BHN. BHN will obtain Customer’s consent before using CPNI to market to Customer BHN services that are not within the categories of services that Customer purchases from BHN. Customer agrees that, except as provided in Section 14.0 of the Terms and Conditions and applicable law, BHN will not be liable for any losses or damages arising as a result of disclosure of CPNI.

B9 Customer may obtain from BHN Calling Details showing Customer’s outbound calls made within a trailing 90-day period. Customer may access this information by logging in through Customer’s secure account information page on BHN’s web portal or by requesting such information in writing or by telephone call to BHN. If Customer has not been assigned a designated account representative, BHN will respond to Customer requests for Customer Calling Details only in compliance with BHN’s then-current authentication requirements and applicable law. Such authentication requirements may require Customer to obtain a secure password, which may be required for both online and telephone requests for Calling Details. BHN will provide the requested Calling Details by sending a printout or CD containing the requested information to the Customer’s account address of record or by making the document or information available to Customer or Customer’s employee at a BHN retail location upon presentment of a valid government-issued photo ID by Customer. BHN will notify Customer of any requests to change account passwords, activate online account access and change Customer’s account address of record. BHN may provide such notice by voicemail, by e-mail or by regular mail to Customer’s prior account address of record.

B10 In the event that a material error or omission in Customer’s directory listing information, regardless of form, is caused by BHN, Customer’s sole and exclusive remedy shall be a partial service credit in an amount set by BHN’s then-current standard policies or as prescribed by applicable regulatory requirements, if any. Notwithstanding the foregoing, BHN shall have no other liability for any error or omission in any directory listing information.

B11 Customer represents and warrants that all Voice Services purchased hereunder are for retail purposes only. BHN does not support Customer's resale of Voice Services to any other end user, including but not limited to, providing individual end user support for E911 addressing, local number portability, calling name delivery, end user billing, and directory listings. Furthermore, Customer agrees that all Voice Services purchased hereunder will be subject to taxes, fees, and assessments based on Customer's use of the Voice Services as a retail end user.

For Business Phone Services:

B12 Customer acknowledges that the voice-enabled cable modem used to provide Business Phone Service is electrically powered and that the Business Phone Service, including the ability to access 911 services and alarm, security, medical and other monitoring services, may not operate in the event of an electrical power outage or a BHN network service interruption. Customer also acknowledges that, in the event of a power outage at Customer or any End User’s facility, any back-up power supply provided with a BHN-provided voice-enabled cable modem may enable service for a limited period of time or not at all, depending on the circumstances, and that the use of a back-up power supply does not ensure that the Business Phone Service will be available in all circumstances. Customer shall notify BHN when any battery or back-up power supply included with the BHN-provided voice-enabled cable modem is not functioning properly. Customer also acknowledges that, in the event of a loss of power that disrupts the local BHN network, the battery or back-up power supply included with the BHN-provided voice-enabled cable modem will not provide back-up service and the Business Phone Service will not be available.

B13 Customer shall not use Business Phone Service to connect to PBX, automatic-dialers, or use the service in conjunction with high volume calling such as telemarketing or surveying. BHN has the right to limit the Business Phone Service to reasonable quantities of minutes and messages used or consumed by the Customer to prevent abuse from excessive usage or fraud and to maintain a high level of service for other BHN Customers. Any breach of this provision could, at BHN’s discretion, lead to immediate termination of the service at no liability to BHN and payment of all damages incurred.

For Business Trunking and Trunks & Data Services:

B14 If the Customer uses a Private Branch Exchange (PBX) or similar device in connection with the Business Trunking and/or Trunks & Data Service, Customer is responsible for programming the PBX to ensure that agencies receiving E911 emergency calls through the PBX will receive appropriate information about the location of the caller. A termination unit with an integrated access device or SIP terminating device (collectively referred to as Trunk Equipment) will be provided and installed by BHN at no charge to Customer. Customer is responsible for battery backup for the Trunk Equipment. In the event of a power outage, the duration of Service during a power outage using the Trunk Equipment will depend on Customer’s battery backup choice. If the Trunk Equipment that supplies the Business Trunking and/or Trunks & Data Service is disconnected or removed and/or the battery is not charged, the Business Trunking Service and/or Trunks & Data Service, including access to E911, will not be available. Customer acknowledges that in the event of a power failure, BHN bears no responsibility for such loss of service at the Customer location.

B15 The Business Trunking and/or Trunks & Data Service does not support the use of auto dialers. Additionally, BHN has the right to limit the Business Trunking and/or Trunks & Data Service to reasonable quantities of minutes and messages used or consumed by the Customer based on any committed minutes on the service order to prevent abuse from excessive usage or fraud and to maintain a high level of service for other BHN Customers. Any breach of this condition could, at BHN’s discretion, lead to immediate termination of the service at no liability to BHN and payment of all damages incurred.

B16 BHN provides the Business Trunking and/or Trunks & Data Service to the point of network demarcation (network interface device) and is not responsible for Customer wiring or Customer premise equipment such as a PBX. Customer agrees to ensure that Customer’s PBX is adequately secured from unauthorized access.

B17 If the Customer would like for individual phone numbers to have different locations for E911 purposes, the customer must provide telephone number location information to BHN in writing.

Attachment C

Business Internet Service, Dedicated Internet Access Service and Trunks & Data Service

(collectively, “Internet Services”)

Business Internet Service: If Customer selects to receive the Business Internet Service, BHN shall provide Internet access to the Customer site(s) set forth in the Order. Customer shall be permitted to connect any number of computers within Customer's identified sites to the Business Internet Service, provided that use does not exceed the standard bandwidth provided by BHN.

Dedicated Internet Access (“DIA”) Service: If Customer selects to receive the DIA Service, BHN shall provide Customer with a dedicated, scalable service over fiber using a packet-based infrastructure with Internet access between Customer’s data network identified in the applicable Order and the BHN facility identified in the applicable Order. DIA bandwidth requirements will be set forth in the applicable Order.

Customer’s use of the Internet Services is subject to the following additional terms and conditions:

C1 Customer shall not upload, post, transmit or otherwise make available on or via the Internet Services any material (including any message or series of messages) that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, obstructive, harassing, libelous, invasive of privacy or publicity rights, that in the circumstances would be obscene or indecent, that constitutes hate speech, that is otherwise offensive or objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. BHN may remove or demand removal of content that in its judgment violates these standards.

C2 BHN shall have the right, but not the obligation, to: (a) monitor traffic and content on its network, in its sole discretion, including through the use of automatic content filters (including without limitation spam, virus, and adult language sniffers and filters); and (b) monitor Customer’s bandwidth utilization and to limit excessive use of bandwidth (as determined by BHN) as BHN deems appropriate to efficiently manage its network. In the event that any BHN audit reveals that Customer's usage of a Service exceeds Customer's rights hereunder, BHN shall have the right, upon notice to Customer, to move Customer a higher tier of Service (which may result in higher monthly charges) or impose other charges. In addition, Customer shall either discontinue any excess usage or thereafter continue to pay the applicable Service Charges for such additional usage.

C3 BHN shall have the right, but not the obligation, to; (i) review public content associated with the Internet Services, including chat rooms, bulletin boards and forums, in order to determine compliance with the Master Agreement and any rules now or hereafter established by BHN; and (ii) remove (or demand the removal of) any such content that BHN determines to be unacceptable or to violate the terms of the Master Agreement, any bandwidth utilization limitations or other Terms of Use.

C4 BHN shall allow Customer employees to use (however in no event shall BHN be responsible for) a Virtual Private Network (“VPN”) and to allow the VPN to pass through the cable modem of any Business Internet Service, as applicable, provided that BHN shall have the right to disconnect (or demand the immediate disconnection of) any such Business Internet Services, that degrades any service provided to other subscribers on the BHN network.

For Business Internet Service and Trunks & Data Services:

C5 Each tier or level of Services has limits on the maximum throughput rate at which Customer may send and receive data at any time and the maximum throughput rate may be achieved in bursts, but generally will not be sustained on a consistent basis. The throughput rate experienced by Customer at any time will vary based on numerous factors, including without limitation, the condition of Customer’s inside wiring, computer configurations, third-party Internet and BHN network congestion, time of day and the accessed website servers, among other factors.

Attachment D

Metro Ethernet Services

Service Description:

Metro Ethernet Service: If Customer selects to receive Metro Ethernet Service, BHN shall provide a fiber connection to the Customer and deliver Metro Ethernet service per site as set forth in the Order. BHN will provide the Customer with switched Ethernet service between Customer locations as set forth in the Order. Metro Ethernet Service bandwidth requirements will be set forth in the applicable Order(s).

Customer’s use of Fiber Service is subject to the following additional terms and conditions:

D1 Customer shall not transmit or otherwise make available on or via the Metro Ethernet Service any material (including any message or series of messages) that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, obstructive, harassing, libelous, invasive of privacy or publicity rights, that in the circumstances would be obscene or indecent, that constitutes hate speech, that is otherwise offensive or objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. BHN may remove, or demand the removal of, content that in its judgment violates these standards. Customer agrees to conform its equipment and software to BHN’s then-current network specifications and system requirements for the Service.

D2 BHN shall have the right, but not the obligation, to (a) monitor traffic and content on its network, in its sole discretion, including through the use of automatic content filters (including without limitation spam, virus, and adult language sniffers and filters); and (b) monitor Customer’s bandwidth utilization and to limit excessive use of bandwidth (as determined by BHN) as BHN deems appropriate to efficiently manage its network. In the event that any BHN audit reveals that Customer's usage of a Service exceeds Customer's rights hereunder, BHN shall have the right, upon notice to Customer, to move Customer a higher tier of Service (which may result in higher monthly charges) or impose other charges. In addition, Customer shall either discontinue any excess usage or thereafter continue to pay the applicable Service Charges for such additional usage.

D3 Customer represents and warrants that Customer’s use of Metro Ethernet Services shall be such that the Metro Ethernet Service shall be deemed jurisdictionally interstate, pursuant to the Federal Communications Commission’s mixed use “10% Rule” (47 C.F. R. 36.154, 4 FCC Red. 1352), and shall notify BHN in the event of breach or threatened breach of the foregoing. If, as a result of Customer’s use of Metro Ethernet Services, the Metro Ethernet Services are deemed not to be jurisdictionally interstate pursuant to the 10% Rule, then Customer will be liable for any resulting fees, fines, penalties and costs incurred by BHN. In addition, if BHN determines that Customer’s use of the Metro Ethernet Services is likely to be deemed not to be jurisdictionally interstate, and therefore that BHN’s provision of the Metro Ethernet Services is likely to put BHN’s franchises, licenses, permits or business at risk, or otherwise cause regulatory problems for BHN, then BHN may immediately suspend the provision of any or all Metro Ethernet Service under any or all affected Service Orders until such time as either (a) Customer provides BHN with satisfactory assurances that Customer’s use of Metro Ethernet Services shall be deemed to be jurisdictionally interstate or (b) BHN is otherwise brought into full compliance with any applicable laws and regulations.

Attachment E

Toll Free Number Service

Service Description:

Toll Free Number Service: If Customer selects to receive Toll Free Number (TFN) Service, BHN shall provide 800/8XX number(s) that is tied to a specific Voice Services telephone numbers. TFN Service is an 800/8XX inbound service that terminates on a Voice Services telephone numbers. This service enables the Customer to receive Toll Free Number calls at their place of business. TFN includes a variety of features, as described more fully in the applicable Order.

Customer’s use of the TFN Service is subject to the following additional terms and conditions:

E1 BHN reserves the right to require an applicant for TFN Service to supply the following information when requesting service: An initial traffic forecast, identification of anticipated busy hour volume, identification of its geographical marketing target areas, and a schedule of marketing and promotional activities. BHN may also require that the Customer submit a new traffic forecast quarterly after service is initiated.

E2 BHN's TFN Service is furnished upon condition that the Customer contracts for adequate facilities to permit the use of this service without adversely affecting the service or any service rendered by BHN. BHN may terminate or refuse to furnish BHN's TFN Service to any applicant, without incurring any liability and without notice to the Customer, if the use of the service would interfere with or impair any service rendered by BHN.

E3 The Customer must obtain an adequate number of phone lines or trunks for BHN TFN Services to handle the Customer's expected demand in order to prevent interference or impairment of this service or any other service provided by BHN considering: (1) total call volume; (2) average call duration; (3) time-of-day characteristics; and (4) peak calling period. BHN, without incurring any liability and without notice to the Customer, may disconnect or refuse to furnish BHN TFN Service to any Customer that fails to comply with these conditions.

E4 If the Customer requests assignment of a specific TFN, BHN may require the Customer to submit a number reservation agreement form to BHN. At no time may a Customer have more than ten (10) numbers reserved. Any reservation shall be for no more than fifteen (15) calendar days and shall be subject to a reservation fee which will be credited to Customer's unpaid balance after BHN's TFN Service has been in actual and substantial use for a consecutive sixty (60) day period. Reservations shall be made on a first-come first-served basis

E5 Use of numbers: Each BHN TFN must be placed in actual and substantial use by the Customer. "Substantial use" shall mean a pattern of use that demonstrates intent on the Customer's part to employ the number for the purpose for which it was intended; namely, to allow callers to reach the Customer, as indicated, for example, by at least 15 average monthly minutes of use or more. Any TFN telephone number associated with BHN's TFN Service that has not been placed in actual and substantial use during the first sixty (60) day period after service activation may be recovered upon written notice to the Customer. Nothing in this Section, or in any other provision of this tariff, or in any marketing materials issued by or on behalf of BHN, shall give any person, including prospective Customers who have reserved TFN telephone numbers hereunder or Customers who subscribe to and use BHN's TFN Service or their transferee or assigns, any ownership interest or proprietary right in any particular TFN.

E6 Phone numbers including TFN(s) are “portable” in nature as provided by law and the ownership of the number is registered to the Customer. If a Customer places an order for BHN to carry Customer's already existing TFN service, the Customer shall provide to BHN the contact names, telephone number and address of the Customer's Responsible Organization (RespOrg). Upon subscription to BHN's TFN Service, the Customer may execute a Letter of Authorization to transfer RespOrg responsibility of its TFN(s) to BHN's RespOrg BHN’s TFN Services are only offered in conjunction with a BHN RespOrg TFN and a BHN Voice Services telephone number. Customer may not elect to retain or transfer service to a non-BHN RespOrg for use in conjunction with BHN’s Voice Services telephone number or TFN Services. Customer must notify BHN of any changes in the Customer's RespOrg in writing within 48 hours of the change. The Customer is responsible for all outstanding indebtedness for services provided by a previous RespOrg or TFN service carrier. BHN assumes no responsibility or liability with respect to any obligations of Customer to such previous service providers existing at the time of transfer to BHN.

E7 Subject to execution of an TFN Service Master Agreement and LOA between BHN and the Customer, BHN will provision BHN TFN Service in conjunction with a BHN’s designated RespOrg for all BHN TFN Service orders. BHN's TFN Service includes: 1) search for and reservation of TFN(s) with the BHN designated RespOrg; 2) creating and maintaining the TFN Customer record with the BHN designated RespOrg; and 3) provision of a single point of contact for trouble reporting.

1. When provisioning BHN TFN Services, BHN will, at the Customer's request, subscribe to 800 Directory Listing for the TFN(s) assigned to the Customer. A charge for 800 Directory Listings will apply as set forth in the TFN Service - Service Order . In the event that a Customer transfers its TFN service to another RespOrg, BHN shall cease to subscribe to Toll-Free Directory Listing Service on behalf of the Customer and the Customer is responsible for assuring that Toll-Free Directory Listing Service is maintained through the new RespOrg. Customer is responsible for payment of any outstanding Toll-Free Directory Listing charges, including any unexpired portion of any minimum period applicable to such services, and BHN shall have no liability for any interruption or other delay, error, mistake, omission or other defect occurring in connection with the transfer of Toll-Free Directory Listing responsibility.

2. When provisioning BHN TFN Services shall include, at the Customer's request, a subscription to Features as set forth in the TFN Service – Service Order. Charges shall apply as set forth in the Service Order.

3. In the event that a Customer cancels its BHN TFN Service, the Customer shall coordinate with the Customer’s new RespOrg to port the TFN assigned.

4. In the event that a Customer cancels its BHN RespOrg or Toll-Free Service, the Customer shall be responsible for all outstanding indebtedness to BHN and any outstanding charges applicable to any services obtained by or on behalf of the Customer by BHN.

E8 It is the Customer's responsibility to provide answer supervision back to BHN point of connection even when BHN TFN Service is connected to switching equipment or a Customer-provided communications system. In such case, the equipment or system must provide appropriate supervision so that the measure of chargeable time begins upon delivery of the call to the Customer's switching equipment or communications system and ends upon termination of the call.

E9 In accordance with FCC regulations, Voice Services telephone number associated with the BHN TFN Service shall only be used for billing and collection, routing, screening, and completion of the originating subscriber's call or transaction or for service directly related to the originating subscriber's call or transaction.

E10 The TFN shall not be reused or resold.

E11 BHN has the right to limit the TFN service to reasonable quantities of minutes and messages used or consumed by the Customer to prevent abuse from excessive usage and to maintain a high level of service for other BHN Customers. Any breach of this condition could, at BHN’s discretion, lead to immediate termination of the service at no liability to BHN and payment of all damages incurred.

E12 Termination of the Voice Services associated with the TFN shall result in automatic termination of the Customer’s BHN TFN Service.

E13 The BHN TFN Service does not support local services, 911, E911, operator services, local number portability or directory listings.

Attachment F

Business Conferencing Services

Service Description:

Business Conferencing Services: If Customer selects to receive the BHN Conferencing Services, Customer may receive services which consist of Audio Conferencing, Web Conferencing, Video Conferencing, Unified Web and Audio Conferencing and other services, including a variety of features, as described more fully in the applicable Order. Customer’s use of the Business Conferencing Services is subject to the following additional terms and conditions:

F1 BHN may alter, expand, or reduce the features of the Services from time to time without notice to Customer. Customer agrees that BHN’s obligation to provide Services is conditioned upon Customer providing all information and assistance reasonably required to perform the Services and Customer hereby agrees to timely provide all such information and assistance. BHN reserves the right to reclaim any dial-in numbers at any time. Customer acknowledges that not all Services can be guaranteed from all locations including, but not limited to via mobile telephones, pay phones or satellite phones due to various in-country, carrier or other restrictions.

F2 License. BHN or its suppliers retain all right, title, and interest, including all intellectual property rights, relating to or embodied in the Services, including without limitation all technology, telephone numbers, web addresses, software, or systems relating to the Services. Customer agrees not to reverse engineer, decompile, disassemble, translate, or attempt to learn the source code of any software related to the Services. Customer agrees that use of Third Party Services such as Microsoft Live Meeting and WebEx is subject to the license agreement of such provider. Other than using the Services for conferences or meetings in which Customer are an active participant, Customer may not resell the Services or otherwise generate income from the Services.

F3 Responsibility for Customer's Accounts. Customer is responsible for maintaining the confidentiality of Customer’s accounts, owner numbers, conference codes, passwords and personal identification numbers used in conjunction with the Services and for all uses of the Services in association with Customer’s accounts whether or not authorized by Customer. BHN Business Solutions does not sell products or services for children. Customer will not allow children under 18 to use the Services without the involvement of a parent or guardian. Customer agrees to immediately notify BHN of any unauthorized use of Customer’s account of which Customer become aware.

F4 Responsibility for Communications. Customer is the sole owner of content and solely responsible for the content of all communications (visual, written or audible) using Customer’s accounts. Customer shall comply with all laws while using the Services; shall not transmit any communication that violates any law, court order, or regulation; shall not violate any third party rights in using the Services; and shall not use the Services in any way that damages BHN’s property or interferes with or disrupts BHN’s system or other users. Although BHN is not responsible for any such communications, BHN may suspend any such communications of which BHN is made aware. Use of conference recording or taping any use of the Services by Customer may subject Customer to laws or regulations and Customer is solely responsible for and obligated to provide any required notification to participants prior to commencement of said conference. Customer acknowledges and agrees that BHN has not and is not expected to provide Customer with any analysis, interpretation or advice regarding Customer’s compliance with the above and does not control Customer’s content nor guarantee the accuracy, integrity, security or quality of Customer’s content.

F5 Export and Import Control Laws and Regulations. Customer acknowledges that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, including the Services and any related software. Without limiting the foregoing, Customer acknowledges that the Services and any related software are or may be an "encryption item" subject to controls under the Export Administration Regulations promulgated by the U.S. Department of Commerce. Customer agrees not to export or re-export the Services or any related software in any form in violation of the export laws of the United States or any foreign jurisdiction.

F6 Message delivery Services. If Customer uses Services to send fax, email, phone, text, SMS, or other messages (“Messages”) to any recipients (the “Recipients”) as a condition for using such Services, Customer represents and warrants that a) that Customer will not make any automated outdials to induce the purchase of goods or services or to solicit a charitable contribution; and (b) Customer has the legal right to send all Messages to the Recipients (including obtaining any required consents from the Recipients) and the content timing and purpose of all Messages, campaigns and programs are in compliance with all applicable laws, rules and regulations including those with respect to timing, content, do not call lists and: the following laws of the United Sates: TCPA 47 USC 227; CANSPAM Pub. L. No. 108-187; and TSR 16 CFR 310; the following laws of Canada: the Canadian Radio-television and Telecommunications Commission concerning telemarketing and unsolicited faxes, Personal Information Protection and Electronic Documents Act; and from the following laws of the United Kingdom: the UK Privacy and Electronic Communications Regulations 2003. Customer further acknowledges that Customer is the sender of all Messages and BHN is acting at Customer’s direction as the broadcaster of the Messages. BHN does not provide content and Customer shall be solely responsible for all content of the Messages and for providing any list of names, numbers or addresses for BHN to utilize in sending Messages.

Attachment G

Wi-Fi for Hospitality Service and Wi-Fi Hotspot Service

(collectively “Wi-Fi Services”)

Service Description: Wi-Fi for Hospitality Service: If a customer selects to receive Wi-Fi for Hospitality Service, BHN shall deliver (i) wireless Internet access; and (ii) wired Internet access consisting of one of BHN’s Internet Services (Attachment C). Wi-Fi Hotspot Service: If a customer selects to receive Wi-Fi Hotspot Service, BHN shall deliver managed wireless access to Business Internet Service (Attachment C). Customer’s use of Wi-Fi Services is subject to the following additional terms and conditions: For all Wi-Fi Services:

G1 BHN shall provide and maintain wireless equipment on a customer’s premises in order to provide Wi-Fi Services.

G2 Customer may resell or distribute Wi-Fi Service only to its end users. Customer is solely responsible for billing its end user.

G3 BHN has the right to broadcast more than one SSID and to deploy any ancillary and associated wireless equipment.

G4 Customer agrees to use BHN-provided marketing materials including but not limited to tent cards, rack cards and access code cards only for their end users.

G5 Customer agrees not to modify or copy BHN-provided marketing materials including but not limited to tent cards, rack cards and access code cards. For Wi-Fi for Hospitality Services:

G6 Customer shall provide space in a central telecom closet on the property.

G7 Customer is responsible for all network cabling to enable wired Internet access.

G8 Customer shall provide a network cable for guests wishing to connect to the Ethernet wall jack in each room.

Attachment H

Business Web Services

Service Description:

Business Web Service: If Customer selects to receive the Business Web Services, Customer may receive services which consist of Web Hosting, Ecommerce, E-mail and Vanity Domain Email, Hosted Exchange, Hosted SharePoint and other services, including a variety of features, as described more fully in the applicable Order. Customer’s use of the Business Web Services is subject to the following additional terms and conditions:

H1 Customer shall not upload, post, transmit or otherwise make available on or via the Internet Services any material (including any message or series of messages) that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, obstructive, harassing, libelous, invasive of privacy or publicity rights, that in the circumstances would be obscene or indecent, that constitutes hate speech, that is otherwise offensive or objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. BHN may remove or demand removal of content that in its judgment violates these standards.

H2 BHN shall have the right, but not the obligation, to: (a) monitor traffic and content on its network, in its sole discretion, including through the use of automatic content filters (including without limitation spam, virus, and adult language sniffers and filters); and (b) monitor Customer’s bandwidth utilization and to limit excessive use of bandwidth (as determined by BHN) as BHN deems appropriate to efficiently manage its network. In the event that any BHN audit reveals that Customer's usage of a Service exceeds Customer's rights hereunder, BHN shall have the right, upon notice to Customer, to move Customer a higher tier of Service (which may result in higher monthly charges) or impose other charges. In addition, Customer shall either discontinue any excess usage or thereafter continue to pay the applicable Service Charges for such additional usage.

H3 BHN shall have the right, but not the obligation, to; (i) review public content associated with the Internet Services, including chat rooms, bulletin boards and forums, in order to determine compliance with the Master Agreement and any rules now or hereafter established by BHN; and (ii) remove (or demand the removal of) any such content that BHN determines to be unacceptable or to violate the terms of the Master Agreement, any bandwidth utilization limitations or other Terms of Use.

H4 Server Resources. Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. BHN will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting and Ecommerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

H5 Spamming. Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to BHN's Customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a BHN server, and selling or distributing software (on a Web site residing on a BHN server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. BHN reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

H6 CGI Scripts. Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. BHN does not permit CGI script sharing with domains not hosted by BHN or any scripts that may be abused for UCE purposes.

H7 Chat Rooms. BHN does not allow Web Hosting and Ecommerce Customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, BHN provides Java chat rooms that meet most users' needs and run without hindering system performance.

H8 Background Running Programs and Cron Jobs. BHN may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and Ecommerce Customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact BHN at support@websupport.brightbiz.com so that we can arrange set-up.

H9 IRC. BHN does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce Customers.

H10 Software Distribution. BHN's Web Hosting and Ecommerce accounts are not configured for the purposes of distributing large software and/or multimedia products exceeding 250MB in size. If you wish to distribute large software and/or multimedia products, please contact support@websupport.brightbiz.com to make special arrangements.

H11 Multimedia Files. Multimedia files are defined as any graphics, audio, and video files. BHN Web Hosting and Ecommerce accounts are not to be used for the purposes of distributing and storing excessively large multimedia files. Any multimedia file exceeding 250MB in size will be considered to be an excessively large multimedia file and will not be permitted.

H12 Databases. Any database stored on BHN's Web Hosting and Ecommerce servers will be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account.

H13 Ownership of Web Site. The legal owner of Customers' Web sites and accounts with BHN will be the individual or organization whose name is listed in BHN's database as the owner. Customers will fully cooperate with and abide by any and all of BHN's security measures and procedures in the event of any dispute over ownership of Customers' Web sites and accounts with BHN.

H14 Illegal Use. BHN servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing BHN services, all BHN Customers certify that they and/or the organization they represent in procuring services from BHN are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

H15 System and Network Abuse. Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

H16 Viruses and Other Destructive Activities. Use of BHN's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use BHN's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

H17 Copyright Violations. The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All BHN Customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a BHN Customer (per the DMCA) to BHN must follow the below procedures. Copyright infringement notifications submitted to BHN according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at BHN's sole discretion. DMCA Copyright Infringement Notification Requirements

a. Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").

b. Identification of the copyrighted work(s) claimed to have been infringed.

c. Identification of the material claimed to infringe the copyright(s), and enough information for BHN to locate it including URLs and specific descriptions of the infringing material at each URL.

d. The Claimant's name, address, and telephone number(s).

e. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.

f. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

g. Mail the notification to the Legal Department at Bright House Networks, LLC

H18 Adult Content. Pornography and sex-related merchandising are prohibited on BHN servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

H19 Child Pornography. The use of BHN's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. BHN is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

H20 Privacy. BHN is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, BHN urges its Customers to assume that all of their on-line communications are insecure. BHN cannot take any responsibility for the security of information transmitted over BHN's facilities. Additional details on privacy and BHN's use of Customer information can be found in BHN's Privacy Statement located at business.brighthouse.com.

H21 Customer Responsibility. BHN anticipates that Customers who offer Internet services will cooperate with BHN in any corrective or preventive action that BHN deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of BHN policy and BHN reserves the right to take any such action even though such action may affect other Customers of the BHN Customer.

H22 Modifications. BHN may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide Customers with BHN's services. Certain changes to BHN's services may affect the operation of Customers' personalized applications and content. Each Customer is solely responsible, and BHN is not liable, for any and all such personalized applications and content, except as expressly agreed to by BHN.

H23 Backup of Data. Except where BHN has expressly agreed in writing to the contrary, Customers are solely and entirely responsible, and BHN is in NO way responsible, for the management and backup of all Customer data, and all updates, upgrades, and patches to any software that Customers use in connection with BHN services.

H24 Third Party Licenses. BHN makes a reasonable effort to provide Customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, BHN makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, BHN specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no Customer will hold BHN liable in any way for the revocation of any license, which has been licensed to BHN. The use of the Technologies obtained from or through BHN, or any other referred third party, whether directly or indirectly, is at the sole risk of Customers.

H25 Non-BHN Products. Any mention of non-BHN products by BHN, its employees, or any third party entity related to BHN is for information purposes only and does not constitute an endorsement or recommendation by BHN. BHN disclaims any and all liabilities for any representation or warranty made by the vendors of such non-BHN products or services.

H26 Billing. All charges for BHN Business Web Services will be included on the Customer invoice with Business Internet or Dedicated Access services and payments are due in accordance with the terms and conditions for those services. Ownership of domain name will not be fully authorized until payment is received in full to BHN. Failure to comply with payment terms will result in forfeiture of domain name rights by registrant.

H27 Statements. Detailed statements of invoiced charges can be viewed and printed through the Customer's secure, online website control panel.

H28 Additional Service Fees

a. Reactivation Customers that wish to reactivate a closed account will be assessed a $19.95 reactivation fee. A $99.95 fee will be assessed if BHN restores your data files to your reactivated account.

b. Hosting Plan Changes Customers electing to change to a lower priced hosting plan on the same platform will be charged a $19.95 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans.

c. Platform Change Customers that elect to change plans to a different operating system platform will be charged a $19.95 platform change fee.

H29 Important Notice. Domain name registrations and Web hosting accounts are handled by separate entities. In the event you need to cancel, you must specify whether you would like to cancel your domain name only, your Web hosting plan only, or both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). Your hosting account billing term automatically renews upon its completion, unless you notify BHN that you would like to cancel your account.

H30 Cancellations. Cancellation requests must be received by BHN a minimum of ten (10) days prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by BHN. BHN is unable to cancel your account effective for a future date. BHN will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact BHN as soon as possible.

BHN does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, InterNIC, or any other secondary issues not directly related to BHN's services. Cancellation of services does not relieve the Customer from paying any outstanding balance owed on the account. BHN reserves the right to cancel any account, at any time, without notice, for any reason BHN considers appropriate.

Attachment I

Service Level Agreement

For Customers receiving Business Trunking Services (Attachment B), Dedicated Internet Access Services (Attachment C), and Metro Ethernet Services (Attachment D):

Service levels:

•Network Availability. The BHN Backbone Network shall be available 99.95% of the time. The BHN Backbone Network shall mean core routers and transmission equipment in BHN facilities. Network availability is calculated as follows:

(Total number of minutes in the applicable calendar month) - (Total Outage minutes for the applicable calendar month)

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Total number of minutes in the applicable calendar month

If this service level is not satisfied during a calendar month, Customer will be entitled to, as its sole and exclusive remedy, a credit of one thirtieth (1/30th) of the MRC for each full hour that the Service is unavailable.

•Mean Time to Restore. Mean Time to Restore is the monthly average time over any calendar month it takes for BHN to resolve an Outage. Mean Time to Restore is calculated as follows:

Mean Time to Restore = Total outage minutes / Total outage occurrences

BHN will restore service at a Customer Site affected by an Outage, on average, within four (4) hours after a trouble ticket is opened. If BHN does not meet this service level, Customer will be entitled to, as its sole and exclusive remedy, a credit equal to one thirtieth (1/30th) of the MRC for the affected Customer Site.

The BHN NOC shall deem that an Outage has occurred whenever the BHN NOC is informed by the Customer and verifies that the customer does not have the ability to transmit or receive packets by means of the Service(s), and "Total Outage Minutes" shall be deemed to be the length of time during which the Service(s) is unavailable to the Customer, as reflected on such trouble tickets. Service is considered restored when service has been restored when the trouble ticket is closed. During an Outage, Latency and Packet Loss calculations are suspended and not included in the monthly totals.

The foregoing service levels (including for latency and packet loss, as defined below) shall only apply to the throughput rates as set forth on Customer’s Order.

Limitations on service levels. Each of these service levels is subject to the following performance and measurement limitations: (1) Customer must contact BHN Customer Care at (866) 477-1386 to open a ticket and to request a service level remedy (credit); (2) the total amount credited may not exceed the applicable monthly recurring charge (MRC) for the affected Service and is the sole remedy for the Outage; (3) Bright House Network’s service levels are provided for on-net services only; and (4) service level measurements will not include:

I1 Outages planned by BHN to carry out emergency maintenance with as much notice as possible given.

I2 Outages planned by the Customer for the purpose of allowing BHN to carry out planned or routine maintenance at times to be agreed with Customer.

I3 Outages due to the non-release of the affected service element by Customer to BHN for the purpose of fault verification and/or restoration of availability.

I4 Outages due to the malfunction of Customer equipment and wiring beyond the service demarcation point including LAN and voice equipment and outages due to or extended as a result of denial of access to any site.

I5 Outages due to changes made to services at Customer’s request where BHN has informed Customer about the Outage in advance and in writing.

I6 Outages due to Customer requested test-assists, provided that the testing is not required as a result of failure of a BHN provided service.

I7 Outages due to defined Force Majeure events as provided for in the agreement.

I8 Outages cause by delinquent payment.

I9 Outages resulting from failures of access circuits or Outages caused by Customer provided access facilities.

For Dedicated Internet Access (Attachment C) and Metro Ethernet (Attachment D) Services, the following shall apply:

•Latency. The BHN Backbone Network shall have an average roundtrip packet transit time within the BHN Backbone Network of no more than 25ms. (This average latency is measured as the average of 15 minute samples across the BHN Backbone Network as taken throughout a calendar month.) If this service level is not satisfied during a calendar month, Customer will be entitled to, as its sole and exclusive remedy, a credit of one thirtieth (1/30th) of the MRC for each full millisecond exceeding the 25ms average.

•Packet Loss. The BHN Backbone Network shall have an average packet loss of less than one-half percent (0.5%) during any calendar month. Packet Loss is the difference between the number of packets transmitted by a device and the total number of packets received by the intended recipient. If this service level is not satisfied during a calendar month, Customer will be entitled to, as its sole and exclusive remedy, a credit of one thirtieth (1/30th) of the MRC for each percentage point above the one-half percent (0.5%) average maximum.