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27 <br /> Attachment C <br /> Fiber Internet Access Service ("FIA Service") <br /> Fiber Internet Access: If Customer elects to receive the FIA Service, Spectrum shall provide Customer with a dedicated, scalable <br /> connection over a packet-based infrastructure with Internet service provider("ISP") peering between Customer's data network identified <br /> on a Service Order and Spectrum's facilities. <br /> FIA Service, or features of FIA Service, may not be available in all service areas. Spectrum's FIA Service is"On-Net" if it is provided by <br /> Spectrum to Service Locations through the Spectrum Network. Spectrum may, in its discretion, provide Customer with"Off-Net"services <br /> to geographic locations that are outside of Spectrum's service area or are not currently connected to the Spectrum Network through third <br /> party service providers. In addition, certain non-facilities-based services provided by third parties may be offered to Customer by <br /> Spectrum ("Third Party Services"). Third Party Services and Off-Net Services may be subject to additional terms and conditions. <br /> Customer's use of the FIA Service is subject to the following additional terms and conditions: <br /> 1. FIA Service Speeds. Spectrum shall use commercially reasonable efforts to achieve the Internet speed attributable to the bandwidth <br /> for the FIA Service selected by Customer on the Service Order, however, actual speed, also known as throughput rate, may vary. <br /> Many factors affect speed experienced by Customer as outlined in Spectrum's Network Management Practices. <br /> 2. Bandwidth Management. Spectrum shall have the right, but not the obligation, to (a) monitor traffic on its Network; and (b) monitor <br /> Customer's bandwidth utilization and to limit excessive use of bandwidth (as determined by Spectrum) as Spectrum deems <br /> appropriate to efficiently manage the Spectrum Network. If Customer purchases Multi-Path FIA Service, Customer must ensure that <br /> no individual Path or data flow of such Service exceeds 2 Gbps (i.e.the rate of data transmission between any two MAC addresses <br /> and IP addresses). If Customer's Multi-Path FIA Service includes a Path or data flow that exceeds 2 Gbps, Spectrum may limit such <br /> Path or data flow to 2 Gbps. For purposes of this Attachment,(i)"Path"shall mean a connection permitting data transmission between <br /> a MAC address and IP address and another MAC address and IP address, and (ii)"Multi-Path"shall mean FIA Services permitting <br /> data transmission between or among three (3)or more MAC addresses and IP addresses. <br /> 3. Acceptable Use Policy. Customer shall comply with the terms of Spectrum's Acceptable Use Policy ("AUP") found at <br /> http://enterprise.spectrum.com (or the applicable successor URL) and that policy is incorporated by reference into this Service <br /> Agreement.Spectrum may revise the AUP from time to time and will provide at least 30 days prior written notice of any such <br /> revision. Customer shall have 30 days from the date it receives written notice of such revision to provide Spectrum with <br /> notice that the revisions materially and adversely affect Customer's use of the Services. If after receipt of such notice <br /> Spectrum is unable to reasonably mitigate the impact on such Services, then Customer may terminate the affected <br /> Service(s)without further obligation to Spectrum beyond the termination date, as Customer's sole and exclusive remedy. <br /> 4. Supplemental Managed Services. This subsection shall only apply if Customer purchases Spectrum's supplemental "Managed <br /> Services."The Managed Services may include software,firmware, and hardware components supplied by Spectrum or third parties <br /> and may be subject to additional terms and conditions. Spectrum may update the Desktop Security Service (as described in <br /> Attachment E) from time-to-time based on manufacturer-provided updates. SPECTRUM DOES NOT WARRANT THAT THE <br /> SUPPLEMENTAL MANAGED SERVICES, INCLUDING ANY SECURITY SERVICES, WILL MEET CUSTOMER'S <br /> REQUIREMENTS, ENABLE CUSTOMER TO COMPLY WITH ANY APPLICABLE LAWS, REGULATIONS, OR THIRD PARTY <br /> REQUIREMENTS, PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE, OR <br /> ERROR FREE. CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE <br /> SECURE. CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO OR USE OF, WHETHER AUTHORIZED OR <br /> NOT, CUSTOMER'S OR ANY END USER'S EQUIPMENT OR ACCESS TO OR LOSS OF DATA, MATERIAL, OR TRAFFIC <br /> DURING, OR RESULTING FROM, CUSTOMER'S OR ANY END USER'S USE OF THE SERVICE, INCLUDING, WITHOUT <br /> LIMITATION,VIA SENDING OR RECEIVING, UPLOADING OR DOWNLOADING, OR OTHER TRANSMISSION OF SUCH DATA, <br /> MATERIAL, OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT SPECTRUM'S THIRD PARTY <br /> SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS SERVICE AGREEMENT, AND <br /> SPECTRUM DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS SERVICE <br /> AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF <br /> MERCHANTABILITY, NON-INFRINGEMENT,TITLE, FITNESS FOR A PARTICULAR PURPOSE,SYSTEM INTEGRATION, DATA <br /> ACCURACY OR QUIET ENJOYMENT. <br /> Attachment D <br /> Spectrum Enterprise v.180530 CONFIDENTIAL Page 20 of 26 <br /> ©2016-18 Charter Communications.All Rights Reserved. <br />