Last Revised: March 12, 2009

Bright House Networks Business Solutions Services Agreement
Terms and Conditions

1.0 AGREEMENT. The Bright House Networks Business Solutions Services Agreement executed by the parties and these Terms and Conditions, including all documents incorporated herein by reference (collectively referred to as the "Agreement") set forth the entire agreement between the Customer and Bright House Networks, LLC ("BHN") and together with Customer, (the "Parties" or each individually a "Party") for the delivery and use of and payment for the services ("Services") identified on an Order(s) (as defined in Section 2.2 below) and further described on the applicable attachments to this Agreement (including Attachment A (Business Internet Service), Attachment B (Business Cable Television Services), Attachment C (Business Phone Service), Attachment D (Business Web Services), Attachment E (Toll Free Number Service), Attachment F (Dedicated Fiber Access) and Attachment G (Business Trunking). "BHN" means the Bright House Networks-affiliated entity that is providing the Services.

2.0 SERVICES AND ORDERS.

2.1Subject to the terms and conditions of this 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 here under by issuing to BHN one or more proposed service order(s) (each an "Order") pursuant to this 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 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.

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 an "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) 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 the standard installation fee as identified on the applicable Attachment hereto for any installation trip made by BHN and an additional installation fee for each subsequent trip necessitated 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.

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 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 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.

5.0 CUSTOMER OBLIGATIONS.

5.1Customer'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 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 other terms and conditions established by BHN and available on the BHN web site, www.brightbiz.com/legal.aspx, 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 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 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 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 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 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 Agreement. If an Order Term (as set forth in an applicable Order) is on a month to month basis, then this Agreement will also continue on a monthly basis, subject to the termination rights of BHN and Customer under this Agreement.

7.0 PAYMENT. For each Service, Customer agrees to pay BHN the non-recurring Service installation fees, monthly recurring Service fees and any charges based upon actual use of the Service (including but not limited to charges for international calls, directory assistance, and/or BHN assisted calls), collectively the "Service Charges", set forth on the applicable Order in accordance with the following payment terms: Service Charges will be billed to Customer on a monthly basis, in accordance with BHN's regular billing schedule, and are payable within thirty (30) days after the date appearing on the invoice. BHN shall have the right to increase Service Charges for each Service after the initial Order Term for such Service upon thirty (30) days advance 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 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 that are more than 90-days from the payment date on invoice.

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 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 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 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 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 Agreement, including but not limited to the content of this Agreement, that are identified or marked as confidential or are otherwise reasonably understood to be confidential. (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.

10.0 MONITORING, EQUIPMENT UPGRADES AND MODIFICATIONS. BHN shall have the right, but not the obligation, to 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). BHN shall have the right, but not the obligation, to upgrade, modify and enhance the BHN Equipment (including related firmware) and the Service and take any action that BHN deems appropriate to protect the Service and its facilities. BHN also shall have the right to add to, modify or delete any provision of this Agreement (including the Terms of Use). BHN will notify Customer of any material adverse change in this Agreement (including the Terms of Use) or Service descriptions by posting notice of such change on the BHN web site or by email, or, if applicable, in the appropriate BHN tariff. In any event, if BHN modifies this Agreement (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 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 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 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.

11.1 Notwithstanding anything to the contrary herein, and except as otherwise provided in a corresponding attachment to this Agreement, 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, (1) promptly pay BHN an early termination fee equal to the greater of:(i) three (3) months of Service Charges under the Initial Term or the then current renewal term; or (ii) twenty-five percent (25%) of the service charges that would otherwise be due for the remaining period under the Initial Term or the then-current renewal term; or (2) reimburse BHN for all volume, term or other discounts and credits provided in anticipation of full performance of Customer's obligations, as applicable, and any unpaid portion of the installation fee set forth in the applicable Order(s). 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. Customer's cash deposit, if any, will be applied towards any termination charges. The foregoing shall be in addition to any other rights and remedies that BHN may have under this Agreement or at law or equity relating to Customer's material breach.

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.

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, DATE OR INFORMATION OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME, EXCEPT AS SET FORTH IN THIS AGREEMENT. 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.

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, 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 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 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 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 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 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 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 Agreement, nothing contained in this 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 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 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 Agreement, the terms of this 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 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 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 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 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 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 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 Agreement without BHN's prior written consent. Excluding any third party claims, claims under this Agreement must be initiated not later than two (2) years after the claim arose. There are no third party beneficiaries to this Agreement. The Parties to this Agreement are independent contractors. Any notice under this 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 Agreement. No modification of any provision of this Agreement shall be valid unless set forth in a written instrument signed by both Parties. This 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 Internet Service

Service Description:

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

Customer's use of the Business Internet Service is subject to the following additional terms and conditions:

• BHN shall have the right, but not the obligation, to monitor the content of the Internet Service, including chat rooms, bulletin boards and forums, in order to determine compliance with this Agreement and any operating rules established by BHN. BHN will have the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the Internet Service. Without limiting the foregoing, BHN shall have the right to remove any material that BHN in its sole discretion, finds to be in violation of the provisions hereof or any operating rules established by BHN hereafter, or otherwise to be objectionable (including indecent or obscene words or material; obstructive or disruptive communications; epithets and the like). Under no circumstances, however, does or will BHN undertake any obligation to review or determine the accuracy of any Customer postings. Customer shall be responsible for and shall indemnify BHN for any liability resulting from Customer's postings, including for defamation, copyright, trademark or other proprietary right infringement, or otherwise.
• Customer shall not upload, post, transmit or otherwise make available on or via the Internet Service any material protected by copyright, trademark, patent, trade secret or other proprietary right in a manner that infringes or violates any such right. It is the policy of BHN to terminate in appropriate circumstances the Internet Service for Customers that repeatedly infringe such rights. This policy does not affect any other rights BHN may have under law, or under this Agreement. BHN reserves the right to suspend or terminate Customer's Internet Service for a single violation of this.
• The Internet Service contains copyrighted material, trademarks and other proprietary information, and the entire content of the Internet Service is copyrighted as a collective work under the United States copyright laws. Except where otherwise prohibited, BHN grants Customer the right to download copyrighted material posted on the Internet Service, provided such material is downloaded solely for Customer's personal use. Except as granted herein or as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express prior written consent of BHN and, where applicable, the third party copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution or copyright notice shall be made.
• Customer also shall not:
  
  
  1. post or transmit hate speech, threats of physical violence, or harassing content;
  2. post or transmit content that is legally obscene or violates child pornography statues or contain graphic visual depictions of sexual acts, visual depictions or sexually explicit conduct involving children, or depictions of children, the primary appeal of which is prurient;
  3. post or transmit other sexually oriented material that, in the specific context, is offensive or inappropriate;
  4. post or transmit through BHN any material that constitutes or contains excessive advertising or any unsolicited or bulk communications including but not limited to spam e-mail;
  5. breach or attempt to breach security of another user or attempt to gain access to any other person's computer, software or data without the knowledge and consent of such person; or use the Equipment or the Internet Service in any attempt to circumvent the user authentication or security of any host, network or account; or use or distribute tools designed for compromising security;
  6. restrict, prohibit or otherwise interfere with the ability of any other person to use or enjoy the Internet Service including, but not limited to, posting or transmitting any information or software which contains a virus or other harmful feature or deliberately overloading or flooding any other person's computer;
  7. use an IP address or client ID not assigned to Customer; or
  8. use the Internet Service for operation as an Internet service provider or for the hosting of third-party websites (other than as expressly permitted by the Internet Service Order).

Attachment B
Business Cable Television Services

Service Description:

Business Cable TV Service: If Customer selects to receive the Business Cable Television (Cable TV) Services, BHN shall provide Basic and/or Standard Cable TV 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 Business Cable Television Services is subject to the following additional terms and conditions:

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

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.

The monthly service charges set forth in an 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 Cable TV rate increases applied to similarly situated Customers.

Attachment C
Business Phone Service

Service Description:

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

Customer's use of the Business Phone Service is subject to the following additional terms and conditions:

• Customer acknowledges that the voice-enabled cable modem used to provide the Business Phone Services is electrically powered and that the Business Phone Services, including the ability to access E911 services and alarm, security, medical and other monitoring services, may not operate in the event of an electrical power outage or if Customer's BHN broadband connection is disrupted or not operating. Customer also acknowledges that, in the event of a power outage at Customer or any End User's facility, any battery or back-up power supply included with the BHN-provided voice-enabled cable modem may enable back-up service for a limited period of time or not at all, depending on the circumstances, and that inclusion of the battery or back-up power supply does not ensure that Business Phone Service will be available in all circumstances. 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.
• Customer shall not use Business Phone Services to connect to PBXs, 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 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.
• 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.
• Customer agrees that BHN will not be responsible for any losses or damages arising as a result of the unavailability of the Business Phone Service, including the inability to reach 911 or other emergency services, or the inability to contact a security system or remote medical or other monitoring service provider. Customer acknowledges that BHN does not guarantee that the Business Phone Service will operate with alarm, security, medical and/or other monitoring systems and services, and that Customer must contact (at Customer's sole expense) any applicable alarm, security, medical or other monitoring system and service provider in order to test Customer's system's operation with the Business Phone Service.
• The location and address associated with the Business Phone Service will be the address identified on the Order. Customer is not permitted to move BHN Equipment from the location and address in which it has been installed. Furthermore, if Customer moves its voice-enabled cable modem to an address different than that identified on the Order, calls from such modem to 911 will appear to 911 emergency service operators to be coming from the address identified on the Order and not the new address.
• 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 Business Phone 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 Business Phone Service and all related equipment.
• In the event of a material error or omission in Customer's directory listing information, regardless of form, 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 an amount prescribed by applicable regulatory requirements, whichever is greater. Notwithstanding the foregoing, BHN shall have no liability for any error or omission in any directory listing information caused by a Force Majeure Event.
• Customer Proprietary Network Information ("CPNI") relating to the quantity, configuration, type, destination and amount of Business Phone Service usage by Customer, including information contained in Customer's bills, that is obtained by BHN as a result of its provision of telephone services to Customer will be protected by BHN pursuant to the Communications Act of 1934, as amended, as described herein and in accordance with applicable federal and state requirements. Customer's directory listing information is not CPNI. Aggregated and compiled information that contains no Customer-specific references is not CPNI, even if CPNI was used as a basis for such information. BHN may use CPNI and share CPNI with its partners and independent contractors to provide services and bills to Customer; to respond to governmental requests and subpoenas, pursuant to applicable law, including the Communications Assistance for Law Enforcement Act ("CALEA"); to protect the interests of BHN, Customer and other parties in preventing fraud, theft of services, abuse, harassment and misuse of telephone services; and to protect the security and integrity of BHN's network systems. Customer agrees that, except as provided in Section 14.0 of the Agreement and applicable law, BHN will not be liable for any losses or damages arising as a result of use or disclosure of CPNI. BHN may use without further consent Customer's CPNI to market to Customer additional BHN services that are of the same category as the services that Customer purchases from time to time from BHN. BHN will request consent from Customer before using Customer's CPNI to market to Customer BHN services that are not within the categories of services that Customer purchases from BHN.
  
  BHN will make available to Customer details of Customer's outbound calls made within a 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 accept requests for CPNI, including Customer outbound call detail records, 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 CPNI, including Customer outbound call detail records. BHN will provide CPNI, including call detail records requested by telephone or in writing, by sending a printout or CD containing the requested information to the Customer's established account address or by making the document or information available to Customer or Customer's employee at a BHN retail location, upon presentment of a government-issued photo ID and proof of authorization by Customer, as appropriate. BHN will notify Customer of any requests to change account passwords, activation of online account access and changes to Customer's established account address. BHN may make such notification, at its option, by voicemail, by e-mail or by regular mail to Customer's prior account address.
  
  If BHN has assigned a designated account representative to Customer, Customer may identify a person or persons who are authorized to request CPNI, including Customer outbound call detail information, from that account representative, with or without further identity authentication, at Customer's option, and may designate the means by which BHN will provide such information to Customer (e.g., electronically, by fax, by mail, orally or otherwise) ("CPNI Preauthorization Plan"). Thereafter, BHN will provide requested CPNI, including Customer call detail information, only in accordance with the Customer's CPNI Preauthorization Plan. Customer is responsible for ensuring that BHN receives timely notice of any changes to the list of authorized individuals, accuracy of Customer-defined additional authentication information and practices, and maintaining the security and confidentiality of the CPNI Preauthorization Plan. BHN will not be liable in any way for any disclosure of Customer's CPNI, including call details, that occurs despite BHN's adherence to the CPNI Preauthorization Plan.
• Customer agrees to the Preferred Carrier Freeze Letter of Agency, incorporated by this reference. Upon signing this Agreement, Customer understands and agrees that Customer has selected BHN as its preferred carrier for the Business Phone Services provided herein. This means that all Business Phone Services covered by this Agreement will be carried by BHN.
• Additionally, Customer understands and agrees that BHN automatically will place a freeze on Customer's selection of BHN as Customer's preferred carrier for Business Phone Services. This freeze can be lifted upon Customer's written or oral authorization at any time. However, Customer understands and agrees that, in addition to any other termination charges that may apply, should Customer lift this preferred carrier freeze on any or all of the Services provided hereunder during the term of Agreement, or should the Customer terminate any one of the Services, Customer's rates for all Services listed herein automatically will cease, and Customer will be charged BHN's then prevailing standard rates for the remaining Services provided by BHN to Customer hereunder.
• Customer represents and warrants that all Business Phone Services purchased hereunder are for retail purposes only. BHN does not support Customer's resale of Business Phone 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 Business Phone Services purchased hereunder will be subject to taxes, fees, and assessments based on Customer's use of the Business Phone Services as a retail end user.

Attachment D
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.

BHN's Business Web Services are only available to Customers with BHN Business Internet Service or BHN Dedicated Access Service Agreements.

Customer's use of the Business Web Services is subject to the following additional terms and conditions:

• BHN shall have the right, but not the obligation, to monitor the content of the Business Web Services ("Services"), including chat rooms, bulletin boards and forums, in order to determine compliance with this Agreement and any operating rules established by BHN. BHN will have the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the Services. Without limiting the foregoing, BHN shall have the right to remove any material that BHN in its sole discretion, finds to be in violation of the provisions hereof or any operating rules established by BHN hereafter, or otherwise to be objectionable (including indecent or obscene words or material; obstructive or disruptive communications; epithets and the like). Under no circumstances, however, does or will BHN undertake any obligation to review or determine the accuracy of any Customer postings. Customer shall be responsible for and shall indemnify BHN for any liability resulting from Customer's postings, including for defamation, copyright, trademark or other proprietary right infringement, or otherwise.
• Customer shall not upload, post, transmit or otherwise make available on or via the Services any material protected by copyright, trademark, patent, trade secret or other proprietary right in a manner that infringes or violates any such right. It is the policy of BHN to terminate in appropriate circumstances the Services for Customers that repeatedly infringe such rights. This policy does not affect any other rights BHN may have under law, or under this Agreement. BHN reserves the right to suspend or terminate Customer's Services for a single violation of this.
• The Services contain copyrighted material, trademarks and other proprietary information, and the entire content of the Service is copyrighted as a collective work under the United States copyright laws. Except where otherwise prohibited, BHN grants Customer the right to download copyrighted material posted on the Services, provided such material is downloaded solely for Customer's personal use. Except as granted herein or as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express prior written consent of BHN and, where applicable, the third party copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution or copyright notice shall be made.
• Customer also shall not:
  
  
  1. post or transmit hate speech, threats of physical violence, or harassing content;
  2. post or transmit content that is legally obscene or violates child pornography statues or contain graphic visual depictions of sexual acts, visual depictions or sexually explicit conduct involving children, or depictions of children, the primary appeal of which is prurient;
  3. post or transmit other sexually oriented material that, in the specific context, is offensive or inappropriate;
  4. post or transmit through BHN any material that constitutes or contains advertising or any solicitation with respect to products or services or bulk e-mail;
  5. breach or attempt to breach security of another user or attempt to gain access to any other person's computer, software or data without the knowledge and consent of such person; or use the Services in any attempt to circumvent the user authentication or security of any host, network or account; or use or distribute tools designed for compromising security; or
  6. restrict, prohibit or otherwise interfere with the ability of any other person to use or enjoy the Services including, but not limited to, posting or transmitting any information or software which contains a virus or other harmful feature or deliberately overloading or flooding any other person's computer.

Customer's use of the Business Web Service is subject to the following additional terms of use (TOU):

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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

1. Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
2. Identification of the copyrighted work(s) claimed to have been infringed.
3. 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.
4. The Claimant's name, address, and telephone number(s).
5. 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.
6. 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.
7. Mail the notification to the Legal Department at Bright House Networks, LLC.

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.

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.

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 www.brightbiz.com.

Customer Responsibility
Customers are required to use the BHN network responsibly. This includes respecting the other Customers of BHN. BHN reserves the right to suspend and/or cancel service with any Customer who uses the BHN network in such a way that adversely affects other BHN Customers. While BHN may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, BHN does not monitor its Customers' communications or activities to determine whether they are in compliance with the TOU. However, when BHN becomes aware of any violation of the TOU or other user agreements, BHN may take any action to stop or correct such violation, including, but not limited to, denying access to BHN's services and equipment or to the Internet. In addition, BHN may take action against a Customer or a Customer of such Customer because of the activities of such Customer. 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.

Actions Taken by BHN
The failure by a Customer to meet or follow any of the TOU is grounds for account deactivation. BHN will be the sole arbiter as to what constitutes a violation of the TOU. BHN reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When BHN becomes aware of an alleged violation of its TOU, BHN will initiate an investigation. During the investigation, BHN may restrict a Customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, BHN may, at its sole discretion, restrict, suspend, or terminate a Customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, BHN will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. BHN does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by BHN.

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.

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.

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.

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.

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.

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

Additional Service Fees

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

Billing/Price Changes
BHN's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.

Account Renewals
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

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.

Cancellations
Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact BHN's Sales or Support Team. BHN will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service.

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, your ISP, 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 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 Business Phone Line(s) or Trunk(s). TFN Service is an 800/8XX inbound service that terminates on a Business Phone Line or Trunk. This service enables the Customer to receive Toll Free 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:

• 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.
• 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.
• The Customer must obtain an adequate number of access lines 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.
• 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.
• 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.
• 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 Business Phone Line. Customer may not elect to retain or transfer service to a non-BHN RespOrg for use in conjunction with BHN's Business Phone 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.
• Subject to execution of an TFN Service 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.
• 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.
• In accordance with FCC regulations, Business Phone 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.
• The TFN shall not be reused or resold.
• 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.
• Termination of the Business Phone or Business Trunking service associated with the TFN shall result in automatic termination of the Customer's BHN TFN Service.
• The BHN TFN Service does not support local services, 911, E911, operator services, local number portability or directory listings.

Attachment F
Dedicated Fiber Access Service

Service Description:

Dedicated Fiber Access Service: If Customer selects to receive the Dedicated Fiber Access (DFA) Service, BHN shall provide a fiber connection to the Customer and deliver either i) Dedicated Internet Access and/or ii) Metro Ethernet service per site as set forth in the Order. If Customer selects to receive Dedicated Internet Access, BHN will provide the Customer with IP service to the Internet. If the Customer selects to receive Metro Ethernet service, BHN will provide the Customer with switched Ethernet service between Customer locations as set forth in the Order. DFA bandwidth requirements will be set forth in the applicable Order(s).

Customer's use of Dedicated Fiber Access Services is subject to the following additional terms and conditions:

• Customer shall not upload, post, transmit or otherwise make available on or via the 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 or regulation. 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.
• The following replaces Section 11.1 of the Agreement: Notwithstanding anything to the contrary herein, upon early termination of a Dedicated Fiber Access Service by Customer for any reason, other than as set forth in Section 11(a) or 11(b) of the Agreement, or by BHN for any reason set forth in Section 11(a) or 11(b) of the Agreement, Customer shall, at BHN's discretion, promptly pay BHN an early termination fee equal to the full remaining payments due in the Order Term and any unpaid portion of the installation fee for Dedicated Fiber Access Service as set forth in the applicable Order(s). Additionally, in the event Customer terminates a portion of the Dedicated Fiber Access service, BHN may, upon notice to the Customer, increase the rates for any remaining Services set forth in the applicable Order(s). Customer's cash deposit, if any, will be applied towards any termination charges. The foregoing shall be in addition to any other rights and remedies that BHN may have under this Agreement or at law or equity relating to Customer's material breach.
• The service is deemed accepted by the Customer when the Customer begins using the service or three (3) days after BHN issues a completed work order, whichever comes first.
• Service levels:
  
  
  • Network Availability
    The BHN Network, which includes the network access port and the BHN backbone network, shall be available 99.95% of the time. (The BHN backbone network includes BHN provided routers and transmission equipment.) Network availability is calculated as follows:
    

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

  • Latency
    The BHN backbone network shall have an average roundtrip packet transit time within the BHN backbone network of no more than 50ms. (This average latency is measured as the average of 15 minute samples across the BHN backbone network as taken throughout a calendar month.)
  • Packet Loss
    The BHN network shall have an average packet loss of less than one percent (1%) 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.
  • Mean Time to Respond
    BHN shall respond to Customer requests for restoration and other technical problems within a mean response time of sixty (60) minutes (averaged per month based on all response times for all submitted Trouble Tickets). BHN will establish contact (by phone or email) with the customer to determine what problem is occurring and to initiate steps to correct the problem.
  • 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.

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. During an Outage, Latency and Packet Loss calculations are suspended and not included in the monthly totals.

Limitations on service levels
Service level measurements will not include:

• Outages planned by BHN to carry out emergency maintenance with as much notice as possible given.
• 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.
• 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.
• Outages due to the malfunction of Customer equipment and wiring beyond the service demarcation point including LAN equipment and outages due to or extended as a result of denial of access to any site.
• Outages caused by Customer provided access facilities.
• Outages due to changes made to services at Customer's request where BHN has informed Customer about the Outage in advance and in writing.
• Outages due to Customer requested test-assists, provided that the testing is not required as a result of failure of a BHN provided service.
• Outages due to defined Force Majeure events as provided for in the agreement.
• Outages cause by delinquent payment.
• Outages resulting from failure of access circuits beyond BHN's control.
• Other Internet Service Provider (ISP) networks

Bright House Network's service levels are provided for on-net services only. Metro Ethernet Point-to-Point and Point-to-Multipoint Services are on-net services subject to this guarantee. To verify Internet Service BHN provides an on-net test server for use by the Customer for testing and verification. BHN is not responsible for the management or response times associated with off-net Internet testing sites therefore no throughput or network response guarantee is available when using off-net Internet testing sites to validate service.

Attachment G
Business Trunking Services

Service Description:

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

Customer's use of the Business Trunking Services is subject to the following additional terms and conditions:

• If the Customer uses a Private Branch Exchange (PBX) in connection with the Services, 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 fiber 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 your trunk Service is disconnected or removed and/or the battery is not charged, 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.
• BHN uses your trunk Service address to identify your location for E911 Service. To ensure that E911 dispatch receives your correct address, the Trunk Equipment installed in your business should not be moved. Please notify BHN if you would like to move or relocate your Trunk Service. 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.
• Customer acknowledges that it may take up to seventy-two hours to fully provision or change location information for purposes of supporting 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.
• Customer agrees that BHN will not be responsible for any losses or damages arising as a result of the unavailability of the Business Trunk Service, including the inability to reach 911 or other emergency services, or the inability to contact a security system or remote medical or other monitoring service provider. Customer acknowledges that BHN does not guarantee that the Business Trunk Service will operate with alarm, security, medical and/or other monitoring systems and services, and that Customer must contact (at Customer's sole expense) any applicable alarm, security, medical or other monitoring system and service provider in order to test Customer's system's operation with the Business Trunk Service.
• BHN provides service to the demarc (network interface device) and is not responsible for Customer wiring or Customer premise equipment such as a PBX. 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 Business Trunk service. 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 cabling necessary and sufficient to efficiently and securely install Business Trunk Service and all related Trunk Equipment.
• The service does not support the use of auto dialers.
• The service is deemed accepted by the Customer when the Customer begins using the service or three (3) days after BHN issues a completed work order, whichever comes first.
• In the event of a material error or omission in Customer's directory listing information, regardless of form, 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 an amount prescribed by applicable regulatory requirements, whichever is greater. Notwithstanding the foregoing, BHN shall have no liability for any error or omission in any directory listing information caused by a Force Majeure Event.
• The following replaces Section 11.1 of the Agreement: Notwithstanding anything to the contrary herein, upon early termination of a Business Trunking Service by Customer for any reason, other than as set forth in Section 11(a) or 11(b) of the Agreement, or by BHN for any reason set forth in Section 11(a) or 11(b) of the Agreement, Customer shall, at BHN's discretion, promptly pay BHN an early termination fee equal to the full remaining payments due in the Order Term and any unpaid portion of the installation fee for a Business Trunking Service as set forth in the applicable Order(s). Additionally, in the event Customer terminates a portion of the Dedicated Fiber Access service, BHN may, upon notice to the Customer, increase the rates for any remaining Services set forth in the applicable Order(s). Customer's cash deposit, if any, will be applied towards any termination charges. The foregoing shall be in addition to any other rights and remedies that BHN may have under this Agreement or at law or equity relating to Customer's material breach.
• Service levels:
  
  
  • Network Availability
    The BHN Network, which includes the network access port and the BHN backbone network, shall be available 99.95% of the time. (The BHN backbone network includes BHN provided routers and transmission equipment.) Network availability is calculated as follows:
    

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

  • Mean Time to Respond
    BHN shall respond to Customer requests for restoration and other technical problems within a mean response time of sixty (60) minutes (averaged per month based on all response times for all submitted Trouble Tickets). BHN will establish contact (by phone or email) with the customer to determine what problem is occurring and to initiate steps to correct the problem.
  • 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.

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. During an Outage, Latency and Packet Loss calculations are suspended and not included in the monthly totals.

Limitations on service levels
Service level measurements will not include:

• Outages planned by BHN to carry out emergency maintenance with as much notice as possible given.
• 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.
• 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.
• 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.
• Outages caused by Customer provided access facilities.
• Outages due to changes made to services at Customer's request where BHN has informed Customer about the Outage in advance and in writing.
• Outages due to Customer requested test-assists, provided that the testing is not required as a result of failure of a BHN provided service.
• Outages due to defined Force Majeure events as provided for in the agreement.
• Outages cause by delinquent payment.
• Outages resulting from failure of access circuits beyond BHN's control.

Bright House Network's service levels are provided for on-net services only.