Orange County NC Website
DocuSign Envelope ID:46FB6A5F-14C8-47E7-916B-01A68856DE44 <br /> EX- IT A <br /> Business Internet Access,Dedicated Internet Access,and Burstable Dedicated Internet Access <br /> (collectively,"Data Services") <br /> Business IiiternetAccess("BIA,Service");BIA Is Internet access service implemented using a hybrid fiber/coax("f WC")access <br /> network.The Customer interface to a cable modem is via Ethernet connection,By taldng advantage ofDOCSIS Class of Service <br /> ("CoS")capabilities,BIA data traffic can be prioritized overresidential Internet traffic,but COS cannot be guaranteed beyond the <br /> TWC network(i,e,, across other Internet service provider backbones), BIA enables a variety of asymmetrical upstream and <br /> downstream rates,If Customer selects to receive the BIA Service,TWC shall provide connectivity fi-om the number of Customer j <br /> sites set forth in a Service Order to the Customer's data network,Customer shall be pormitteclto connect auynumber of computers ! <br /> within Customer's identified sites to the BIA Service,provided that use does not exceed the standard bandwidth provided by TWC, <br /> Customer shall also have the option of selecting to receive the BIA Service as part of the Teleworker Service(as defined below)to <br /> provide Internet connectivity at the residential location of tine lhnited number of End Users of Customer set forth on a Service <br /> Order,If Customer selects to receive the BIA Service as part of the Teloworker Service,Customer represents and warrants that J <br /> Customer has obtained all legally required consents and Other permissions fi-onn End Users receivingthe BIA Service to enable <br /> TWC to reportusage,billhng and other identifying information regarding each suchEnd User directly to both Customer and to the <br /> applicable End User, { <br /> I <br /> Tine "Teleworker Service"provides Internet cemneotivity to a Customer's employee's cornputer(s) located at the employee's <br /> residential location(each a "RC") via a cable modem installed by TWC in the employee's RC, Customer shall Identify on a <br /> Service Order each Customer employee on whose behalf Customer is ordering the Teleworker Service,Each RC connection may <br /> be used by one Customer employee solely for Customer's Internal business purposes, f <br /> Dedicated InternetAccoss("DIA Service");If Customer selects to receive the DIA Service,TWC shall provide Customer with a f <br /> dedicated, scalable connection over a packet-based infeastructure with Internet service provider ('ISP") peering between <br /> Customer's data network identified on a Service Order and the TWC facility identified on a Service Order, <br /> Burstable Dedicated InternetAccess("Burstable DIA Service");If Customer selects to receive the Burstable DIA Service,TWC <br /> shall provide Customer with a dedicated,burstable,scalable connection over a packet based hnfiastructure,with a committed { <br /> minimum speed("Committed Information Rate"or"CIR")and the ability to burst to maximum available physical port speed, i <br /> between Customer's data notworlc identified on a Service Order and tine TWC facility identified on a Service Order, <br /> Customer's use of the Data Services is subject to the following additional terms and conditions; <br /> • TWC's provision of any Data Service is subj ect to availability, <br /> • TWC shall allow Customer employees to use(however in no event shall TWC be responsible for)a Virtual Private 1 <br /> Network C"VPN")and to allow the VPN to pass through the cable modem of any Data Service,as applicablo,provided <br /> that TWC shall have the right to disoonnect(or demand the immediate disconnection ot)any such Data Service that <br /> degrades any service provided to othor subscribers on the TWC network, <br /> Customer shallnot upload,post,transmit or otherwise make available on or via the Data Service any material(including <br /> any message or series of messages)that violates or hnflinges iri any way upon the rights of others,that is unlawful, f <br /> threatening,abusive,obstructive,harassing,libelous,Invasive of privacy or publicity rights,that in the circumstances ` <br /> would be obscene or indecent, that constitutes hate speech, that is otherwise offensive or objectionable, or that <br /> encourages conductthatwould constitute a criminal offense,glvorise to Oivll liability or otherwise violatoany law,TWC <br /> may remove content that in its judgment violates these standards, <br /> © TWC sballhave thoright,but not the obligation,to;(a)monitor traffic and content on its notworlc,in its sole discretion, l <br /> Including through the use of automatic content filters (including without limitation span, virus, and adult language <br /> sniffers and filters); and (b) monitor Customer's bandwidth utilization and to limit excessive use of bandwidth(as <br /> determined by TWC)as TWC deems appropriate to of lUiently manage Its notworlc,In the event that any TWC audit <br /> reveals that Customer's usage ofaData Service exceeds Customer's rights under the Master Agreement,Customer shall <br /> pay TWC an amount equal to one and a half tithes the Service Charges that would have been due for such excessive <br /> usage as liquidated damages and not as a penalty.In addition,Customer shall either discontinue any excess usage or <br /> thereafter continue to pay the applicable Service Charges for such additional usage,In addition,TWC shall have the j <br /> right,butnotthe obligation,to;(i)reviewpubllc content associatedwiththeData Services,includingobatrooms,bulletin <br /> boards and forums, in order to determnee compliance with the Master Agreement and any rules now or hereafter <br /> established by TWC; and (ii) remove (or demand the removal o� any such content that TWC determines to be j <br /> unacceptable or to violate the terms of the Master Agreement or any bandwidth utilization limitations, <br /> TWC BUSINI';SS CLASS PROPRIETARY&CONFIDENTIAL 7 <br />